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HomeMy WebLinkAboutMINUTES-10/20/1992-Regular' October 20, 1992 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday October 20, 1992, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Councilmember Absent Staff Members Present Edwards. Burkett, Krajicek, Roy. Citizen Participation Historic Preservation Specialist Carol Tunner, Ruth Weatherford from the Landmark Preservation Commission and Councilmember Maxey presented plaques to owners of 112 South College and 330 North Howes in recognition of their Historic Landmark Designation. Commission on Disability member Arne Anderson presented the Commission on Disability awards. Shirley Reichenbach, 1991 recipient of the Dorothy Lasley ' Award, spoke of the history of the Dorothy Lasley Award and presented Rob Gilkerson with the Dorothy Lasley Award. Gary Peterson, 1805 Crestmore Place, DARE opponent, suggested a telephone conference between Council and Dr. Colson be arranged to discuss issues concerning the DARE program. J Sandy Lemberg, 6851 Poudre Canyon Highway, expressed concerns regarding Amendment #2. Agenda Review City Manager Steve Burkett stated there were no changes to the Agenda as published. Councilmember Horak requested that Items #17, Hearing and First Reading of Ordinance No. 109, 1992, Amending Chapter 26, Article VI, Division 4 of the Code Setting Rates and Charges for Electric Service, Item #18, Hearing and First Reading of Ordinance No. 110, 1992, Amending Chapter 26 of the Code Relating to Rates for the Water and Wastewater Utility, and Item #21, Public Hearing and Resolution 92-152 Authorizing the City Manager to Make Adjustments to the Fares Charged to Patrons of the Transfort Bus System, from the Budget Consent Calendar. Coun,ci.lmember Fromme requested Item #19, Hearing and First Reading of Ordinance NoniPl.l, 1992, Amending Sections 26-512(3) and 26-514(3) of the Code of the City 154 of Fort Collins Relating to the Determination of Storm Drainage Fees, be withdrawn from the Consent Calendar.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 to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #14, Pulled Consent Items. 7. go In April of 1989 the City issued $11,715,000 of general obligation water bonds for the purpose of financing the acquisition of water rights and construction of improvements to the City's water system. The net effective interest rate on those bonds is 7.361%. The remaining principal balance was refunded between first and second reading at a net effective interest rate of 5.92% which resulted in a net present value savings of $340,977 (3.17%) to the City in payment of the debt service. The Ordinance, which was unanimously adopted on First Reading on October 6, requires the City to establish an escrow account for the payment of the Refunded Bonds into which most of the proceeds of the General Obligation ' Water Refunding Bonds, Series 1992 (the "Refunding Bonds") will be deposited. Refunded Bonds will be called prior to their respective maturity dates according to the optional redemption terms of that issue. For the past five years Fort Collins Police Services has applied for project funding to the Colorado Division of Criminal Justice for federal drug grant monies. For project year 1992/1993, Police Services has again joined with the Loveland Police Department and Larimer County Sheriff's Department, in one application, for a multi -jurisdictional project to be administered by Police Services. As administrator of the grant, Police Services will assure funding to the other participating agencies for their share of the federal funds. The City has recently received notification of a grant award in the amount of $113,468. The participating agencies will be providing match monies in the amount of $155,627. Fort Collins' portion of the match is $73,056, which is met through application of the budgeted salary and fringe benefits of an existing officer assigned to the Special Investigations Unit and the salary and benefits of a Secretary I who is also assigned to that unit. This Ordinance, which was unanimously adopted on First Reading on October 6, appropriates the grant funds. , 155 0 10. October 20, 1992 Literacy Program. This Ordinance, which was unanimously adopted on First Reading on October 6, appropriates $35,000 in unanticipated revenue in the General Fund for the continuation of the Library Adult Literacy Program. On September 28, 1992, the Planning and Zoning Board gave final approval to the Kingston Woods P.U.D., Second Filing, a Replat of Block 1 and Tract C of Horsetooth Commons P.U.D. This Ordinance, which was unanimously adopted on First Reading on October 6, vacates the street rights -of -way dedicated by the previous plat (entitled Horsetooth Commons P.U.D.) and vacates an excess strip of Horsetooth Road right-of-way along the frontage of the P.U.D. The streets dedicated on the Horsetooth Commons P.U.D. plat, McWilliams Place and Patterson Place, were never constructed and the right-of-way for them is ' no longer needed. In addition, the right-of-way previously dedicated for Horsetooth Road along the frontage of the P.U.D. is a fraction of a foot wider than is necessary for the arterial street. All City and private utilities have been informed of the replat and have no objections to the proposed vacation of the previously platted rights - of -way. This proposed ordinance was developed in response to frequent customer feedback about the four to six weeks often required to obtain a contractor license in Fort Collins. New language sets forth very specific qualification/experience criteria 'for general contractor applicants and shifts the routine review of every 'license applicant 'from the Board to the Building Permits and Inspection D-ivision Director. ;The Board's time and energies are more appropriately , 2eond u'ti Pi zed in i ts'aappel l ate role. 11 nd ke<Uhder the new standa'r-ds, most applicants who provide the credentials will =P�p�ia,l'hbeua'u:tomat.i.callyLee=tiig:ible for a license, after a written exam, in a few 1rt days"'ra'tfier'thdKIU '—'weeks now experienced. An applicant who is denied a 156 12. October 20, 1992 license by staff may still opt to take his/her case to the Board without additional fees. The ordinance also accomplishes much needed housekeeping by streamlining the application process, giving applicants specific guidelines and generally clarifying previously ambiguous sections. The property being considered for annexation is approximately 14.54 acres in size and is located west of South Shields Street approximately one mile south of Harmony Road, at the southwest corner of South Shields Street and Fossil Creek Drive (extended). The property is located within the Urban Growth Area. The annexation is comprised of one parcel of land under single ownership. The property is currently vacant and zoned FA-1, Farming, in the County. The proposed zoning for this annexation is R-L-P, Low Density Planned Residential with a Planned Unit Development (PUD) condition. The properties to the north are zoned T, Transitional, and R- L-P. Surrounding properties to the south, east and west are in the County and are zoned FA-1, Farming. The proposed Resolution determines that the annexation complies with the Municipal Annexation Act and the Intergovernmental Agreement for the Fort ' Collins Urban Growth Area, determines that a hearing should be established regarding the annexation, and directs that proper notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances on December 15, 1992. 13. Routine Easement. Storm Drainage Easement from Stonecreek Associates, Ltd., a Colorado Limited Partnership, located east of Heatheridge Road (west of Shields Street and south of Prospect Road). The Canal Importation Master Plan identified the need for a 4' berm on the east side of Heatheridge Road to protect Stonecreek Apartments from storm drainage overflows. After the installation of the berm, the potential for flooding of the Stonecreek Apartment complex east of the project site, will be greatly reduced. The total area needed for the easement is 2,024 square feet. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 7. 157 1 October 20, 1992 a 10. Items on First Reading were read by title by City Clerk Wanda Krajicek. 17. 20 23. 31. Items Relating to the 1993 Downtown Development Authority Budget A. Hearing and First Reading of Ordinance No. 112, 1992, Relating to the Annual Appropriations and Approving the Budget of the Downtown Development Authority for Fiscal Year 1993 and Fixing the Mill Levy for the Downtown Development Authority for 1993. B. Hearing and First Reading of Ordinance No. 113, 1992, Appropriating Revenue in ,the Downtown Development Authority for Payment of Debt Service for,%the Year 1993. c u nc; u ' the 158 October 20, 1992 Councilmember Fromme made a motion, seconded by Councilmember Azari, to adopt and approve all items not removed from the Consent Calendar. The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Azari invited interested parties to attend the Diversity Task Force Outreach Meeting October 21 at the Lincoln Center. Councilmember Horak stated he would be bringing up under the Other Business portion of the meeting, a discussion of an ordinance that would change zoning and its impact on CSU. Items Relating to the 1993' Downtown Development Authority Budget. Adopted on First Reading. The following is staff's memorandum on this item. "FINANCIAL IMPACT These items would set the Downtown Development Authority mill levy at 4.4 mills ' and adopt a DDA budget of $205,416. In addition, payment of debt service of 5731,798 from the tax increment fund would be authorized. EXECUTIVE SUMMARY Hearing and First Reading of Ordinance No. 112, 1992, Relating to the Annual Appropriations and Approving the Budget of the Downtown Development Authority for Fiscal Year 1993 and Fixing the Mill Levy for the Downtown Development Authority for 1993. The Downtown Development Authority Board of Directors adopted the proposed 1993 DDA budget totalling $205,416 and determined the mill levy necessary to provide for payment of all properly authorized expenditures incurred by the District, at its regular meeting of October 1, 1992. By adoption of this ordinance, Council would approve the Downtown Development Authority budget and impose and levy the ad valorem tax as required by state statute. The proposed 1993 DDA budget of $2O5,416, would maintain the present staffing level. No capital expenditures are anticipated. The Board - has placed the budgeted year end excess in contingency. Hearingdrand. First Reading of Ordinance No. 113, 1992, Appropriating Revenueehnethe Downtown Development Authority for Payment of Debt Service for thevYear 1993. , 159 i�. October 20, 1992 This Ordinance appropriates funds for the payment of Downtown Development Authority debt service for 1993. On May 17, 1988, Council adopted Ordinance No. 95, 1987 authorizing the issuance of tax increment bonds, pledging tax increment revenues to debt retirement, and requiring payment toward that debt retirement on a scheduled basis over the life of the bonds. The Charter requires that all funds which pass through City accounts be appropriated by Council. The tax increment revenue to be appropriated flows directly into the debt service account. In April of 1992, the City issued $11,38O,OOO of Downtown Development Authority Tax Increment Revenue and Refunding Bonds. In accordance with state statute, only the City may issue long-term debt on behalf of the Authority. The primary purpose of this bond issue was to invoke an early call provision on the City's 1988 Downtown Development Authority Tax Increment Revenue Refunding and Improvement Bonds. Since no Downtown Development Authority projects were pending, a majority of the remaining proceeds, held in the Downtown Development Authority Capital Projects Fund, were no longer needed and the related bonds were called. In addition, the remainder of the bond issue was refunded due=to favorable interest rates. The new bonds mature serially through December 1, 2006, with coupons ranging from 5.00% to 7.75Y." Councilmember Azari made a motion, seconded by Councilmember Fromme, to adopt Ordinance No. 112, 1992 on First Reading. The vote on Councilmember Azari's motion was as follows: Yeas: Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: THE MOTION CARRIED. Ordinance No. 109, 1992 Amending Chapter 26, Article VI, Division 4 of the Code Setting Rates and Charges for Electric Service, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Councilmembers None._ This action is proposed in accordance with Council direction given at the June 23, 1992 work session. The Ordinance w0l increase revenue from the sale of electric energy by 7.4% beginning January 1, 1993, and meets the revised Financial and Management Policies relating to the 1993 Budget. The most significant contributing' factor' to the 7.4% purchase power cost increase implemented -April 1, 1992 by power supplier Platte River Power Authority. Since over 160 adjustment is a 5.94% the utility's wholesale 7OY of Light and Power's October 20, 1992 budget is for purchased power, the additional $1,800,000 per year impact on the Fort Collins system will require an offsetting retail rate increase of 4.3Y. Staff is proposing an additional increase of 3.1% to cover the accumulative effects of inflation through the five year plan (1993-1997). No further adjustments are projected during the next 5 years. Between 1983 and 1992 overall retail electric rates decreased by 9.9% while the Consumer Price Index increased 41.1%. After the proposed 7.4% adjustment, actual retail electric rates in Fort Collins will be approximately 2% less than they were in 1983. Distribution of the overall 7.4% increase to individual rate classes was accomplished using a fully distributed cost of service study. While cost of service principles are simple in concept, they are complex in application. Accuracy depends on a number of variables such as load research, annualized Operations & Maintenance cost, and individual customer use patterns that shift from year to year. Staff estimates that accuracy levels of plus or minus 5% would be the highest obtainable and plus or minus IOY is a realistic range of customer equity. The relative positions of the individual rate classes, before and after the proposed adjustments, are illustrated on Attachment `A'. The following recommendations distribute the 7.4% revenue increase to all rate classes. Further, these adjustments will bring all classes to within plus or minus BY of the calculated cost of service. Increases are summarized as follows: a) Schedule R - Residential Energy Service: Recommendat.ion: Increase rate by 8.529 or $2.49/month for the average customer with 500 kWh/month usage. b) Schedule RD - Residential Demand Service: Recommendation: Increase rate by 9.90Y or $6.03/month for the average customer with 1310 kWh/month usage and 9.5 kW/month demand. c) Schedule GS - General Service: Recommendation: d) Schedu l eicG5. 50 . Recommendation: e) Schedule;GS--750 - Recommendatii:on: Increase average rate by 2.49%. Large Commerc.ia:1: „z ,c: Increase average rate by 6.92%. Indust r i a iysrc r; . Increase average. -rate by 8.92Y. r- 161 October 20, 1992 f) Schedule 10 - Special Area Floodlighting: Recommendation: Increase average rate by 9.90Y. g) Schedule T - Traffic Signal Service: Recommendation: Increase rate by 7.40%. Note - All schedules: The one time service charge for the processing of a request for electric service has been updated to reflect current cost. The proposed Ordinance will become effective on all billings rendered on or after February 1, 1993, relating to services provided during the month of January, 1993 and thereafter. Attachment `B', illustrates the relative competitive position between Light and Power, Public Service Co., Poudre Valley REA, and the other Platte River cities after implementation of the distributed rate adjustment. Attachment 'C', is a memorandum of recommendation from the Electric Board developed after reviewing the proposed 1993 Light and Power budget and cost of ' service rate distribution. The Electric Board and Utility Staff have scheduled an open house for the purpose of sharing information and responding to questions regarding the proposed rate adjustments. The open house will be held at the Library on Wednesday, November 4th between 7:00 and 9:00 in the evening." Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 109, 1992 on First Reading. Councilmember Horak requested information regarding the major increase in rates. Utilities Director Rich Shannon gave an explanation of the rate increase. Councilmember Fromme stated she would support a 4.3% increase which is the cost to the City, and questioned the necessity of the increase. 1-c he 'r Councilmember Fromme made a motion, seconded by Councilmember;,Horak, amending Ordinance No. 109, 1992 to read: "...increase rates by 4.3%"L. aiShe-stated the amendment would delete the inflationary increase. ecall ri.a 2rnents Lou Stitzel, 511 East Laurel, spoke in support of the amendmen.ti.ve• The vote on Councilmember Fromme's amendment was as follows: Yeas: Councilmembers Fromme, Horak and Winokur. Nays: ..,a Counclftmembers Azari, ' Kirkpatrick and Maxey. a r P 162 October 20, 1992 ' THE MOTION FAILED. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Kirkpatrick, Maxey and Winokur. Nays: Councilmembers Fromme and Horak. THE MOTION CARRIED. Ordinance No. 110, 1992 Amending Chapter 26 of the Code Relating to Rates for the Water and Wastewater Utility, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT The proposed ordinance increases the water rates by 5.OY< and the wastewater rates by 5.0% for 1993. EXECUTIVE SUMMARY The recommended 1993 budget includes water revenue projections based on an overall water rate increase of 5.0% for all customer classifications. The proposed water rate increase is a result of a number of factors, such as: lower ' than anticipated revenue during 1990 and 1991, a decrease in investment earnings due to the low interest rates, an increase in operation and maintenance expenses due to inflation, and the implementation of the leak detection program which was an action item included in the Water Demand Management Policy adopted by City Council this year. The proposed change in water rates will increase the monthly water bill of a typical residential non -metered customer (lot area of 8500 square feet) from $26.59 to $27.93, an increase of $1.34 per month. The monthly water bill for a typical residential metered customer (annual water use of 160,000 gallons) will increase from $22.06 to $23.20, an increase of $1.14 per month. Wastewater rates are also projected to increase in 1993. The proposed wastewater rate increase is 6.0Y, which is consistent with rate projections included in the Wastewater Treatment Master Plah2adopted by the City Council. The proposed rate increase for 1993, as were pre Yious increases in 1991 and 1992, is needed primarily to generate additiona)T- revenue to fund •aA_1brtion of the new debt service associated with the $25 million improvement/expansion project at the City's Wastewater Treatment .Plant' -°No. 2. The Council may recall that approximately 50% of the project consists of improvements or enhancements which are not growth related and, therefore, will be funded by existing rate payers. A chart showing the total wastewater debt service is attached. - and mai.•Ler f, i I jnci The proposed change in wastewa•te-r,t 'tesfWi 11 iricrea3ecthe monthly wastewater bill of a typical residential customer fr6m-$13.55 to $14.36,' an increase of $.81 per ' 163 11 October 20, 1992 month. Monthly wastewater rates for non-residential customers will also increase by 6.0%." Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 110, 1992 on First Reading. Water/Wastewater Utility Director Mike Smith spoke of the reasons for the increase in water and wastewater rates. He listed decreases in revenues collected, shortage in investment income, and an increase in operating expenses due to inflation as grounds for increases. Smith clarified the increase would be used for operating expenses and leak detection programs. Robert Thompson, 105 South Whitcomb, questioned the definition of "a typical residential customer". Smith stated a typical residential customer on a flat rate is a customer with a parcel of 8,500 square feet, and flat rate is based on the square footage of the lot and metered is based on 160,000 gallons per year. Councilmember Horak requested additional information before the second reading ' explaining the increase in rates. Councilmember Winokur concurred with Councilmember Horak and stated that if citizens are demanding less they should not be made to pay more. He requested information on alternative options. Councilmember Fromme stated customers should be rewarded for their efforts to conserve water. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Fromme, Kirkpatrick, Maxey and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Ordinance No. 111, 1992 Amending Sections 26-512(3) and 26-514(3) of the Code of the City of Fort Collins Relating to the Determination of Storm Drainage Fees, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT The city-wide storm drainage operations and maintenance fee will increase 8% from $1.86 to $2.01 per month for the typical single family residence. This increase ' is necessary to fund the 5tormwater Utility's share of utility billing expenses, 164 October 20, 1992 transfer to the General Fund increased facility maintenance activities, cost of ' living increases in salary and benefits, stormwater quality activities, and inflationary increases in supplies and services utilized. Basin monthly capital fees will increase 15% in four of the nine basins, or an additional $0.29 to $0.38 per month for the typical single family residence. These increases are to purchase right-of-way, design and construct capital projects, and fund the debt service on the Stormwater Utility revenue bonds. EXECUTIVE SUMMARY The following table is a comparison of the monthly fees for 1992 and the proposed 1993 fees for the typical single family residence, with an 8,600 square foot lot. 1992 1993 O&M $1.86 $2.01 BASIN MONTHLY CAPITAL: Foothills Basin $2.39 $2.75 Fox Meadows Basin $3.58 $3.58 McClelland/Mail Creek Basin $3.58 $3.58 Spring Creek Basin $2.52 $2.90 Canal Importation Basin $3.58 $3.58 Dry Creek Basin $1.96 ' $2.25 West Vine Basin $2.32 $2.67 Evergreen/Greenbriar Basin $3.58 $3.58 Fossil Creek Basin $3.58 $3.58 There are five proposed increases in basin new development fees in 1993 in order to ensure that development is paying its fair share toward the higher costs of right-of-way and capital project construction and to fund new development's share of debt service. The following table is the basin new development fee per acre for 1992 and proposed 1993: 1992 1993 Foothills Basin $5,024 $5,501 Fox Meadows Basin $4,253 o; $4,891 McClelland/Mail Creek Basin $3,232 $3,717 Spring Creek Basin $1,691 $1,804 Canal Importation Basin $5,590 $6,181 Dry Creek Basin $4,043 $4,043 West Vine Basin $7,004 ;: $7,004 Evergreen/Greenbriar Basin $10,000, —'r.eR ,000 Fossil Creek Basin $2,274 $2,274 165 ' October 20, 1992 By separate Letter, the Storm Drainage Board has recommended approval of the 1993 budget and the fee increases as proposed." Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 111, 1992 on First Reading. Stormwater Utility Manager Bob Smith briefly explained the primary reasons for rate increases. Councilmember Azari spoke of the hardship in passing on rate increases. Councilmember Fromme questioned the increase in costs incurred in Utility Billing. She opposed the 16% increase in the Stormwater Utility budget for educating the public regarding stormwater. Councilmember Fromme made a motion, seconded by Councilmember Horak, to amend Ordinance No. 111, 1992, reducing the amount of the increase by $34,725 by deleting the Utility Billing expense and deleting the public education increase. Smith stated the reasons for educating the public is because some of the problems with the stormwater were not caused from stormwater, but from things citizens do and which impact water quality. ' Councilmember Winokur questioned if the increase was being refunded to the General Fund, noting it had recently purchased a new utility billing system. He questioned if a portion of the money would be put in a reserve fund for the replacement of the equipment. Director of Administrative Services Pete Dallow clarified that a portion of the increase would go into an account for the depreciation of the system, and stated he could provide Council with a cost breakdown. Councilmember Fromme stated the public information brochures could be coordinated with another brochure that the City circulates to cut costs. Councilmember Winokur spoke in support of the amendment. The vote on Councilmember Fromme's motion to amend Ordinance No. 111, 1992 was as follows: Yeas: Councilmembers Fromme, Horak and Winokur. Nays: Councilmembers Azari, Kirkpatrick and Maxey. THE MOTION FAILED. s The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari.,_ Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember Fromme. =hle a THE,MOTION CARRIED. October 20, 1992 Public Hearing and Resolution 92-162 Authorizing the City Manager to Make Adjustments to the Fares Charged to Patrons of the Transfort Bus System, Postponed. The following is staff's memorandum on this item. "FINANCIAL IMPACT This action which authorizes the City Manager to make adjustments in Transfort Fares is revenue neutral and has no immediate financial impact on the Transfort budget. Downturns in ridership caused by fare increases generally negatively affect revenues received from fares. Even though the strategy employed here is neutral, significant increases in revenue are not expected for eighteen to twenty-four months, i.e., 1995. EXECUTIVE SUMMARY Transfort has not adjusted its fare structure since 1986 when three fare categories were added for seniors, youth, and disabled residents. Prior to that, the last fare increase was made in January 1985. This action authorizes the City Manager to adjust fares consistent with the attached proposed fare structure. The new fare structure would be effective January 25, 1993. The City Council meeting of October 20, 1992, will act as a public hearing for , this fare increase. ;7"Td7rl:i�14ki13 Fares were increased in January 1985. Recently Transfort staff surveyed thirty (30) transit properties across the country in cities and bus systems of approximately the same size to assess the appropriateness of a fare increase. The survey results are attached. This fare increase is projected to be revenue neutral, to produce approximately the same revenue as 1992, because fare increases tend to produce losses in ridership. The bus industry's rule of thumb is with each one percent increase in fare there is a corresponding .3 percent decrease in ridership. In order to negate this ridership loss, Transfort is employing a strategy of holding passes in most categories at 1992 levels and additional passes are being offered to afford the consumer an opportunity to ride Transfort at rates below the actual cash fare cost. Transfort has increased its level of service with the implementation of the first phase of the Transit Development Program 1991-1995 (TDP) in August 1991. The percentage increase in fare is consistent with the percentage increase in service hours available as a result of the action in 1991. It is also consistent with the answers and public testimony of citizens and bus patrons who participated in 167 ' October 20, 1992 surveys and public hearings during the development of the Transfort Strategic Plan and the Transit Development Program 1991-1995. The following is a comparison of the current and proposed fare structures: Category Current Proposed Fares: Adult $ .55 $ .75 Senior $ .25 $ .35 Disabled $ .25 $ .35 Youth $ .30 $ .35 Passes - Annual Senior $ 15.00 $ 25.00 Annual Disabled $ 15.00 $ 25.00 Monthly Senior N/A $ 5.00 Monthly Disabled N/A $ 5.00 Summer Youth $ 15.00 $ 15.00 Monthly Youth $ 10.00 $ 10.00 Commuter (Adult) $ 9.00 $ 10.00 Monthly (Adult) $ 16.00 $ 15.00 10-Ride $ 4.50 $ 5.00 One -day N/A $ 2.50 ' Family (Daily) N/A $ 5.00 Employer's Annual N/A $125.00" Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt Resolution 92-162. Councilmember Horak spoke of the impact on different users. Transfort Manager John Daggett explained the rate increase and spoke of the strategy behind the proposed increases. Councilmember Horak questioned why Transfort rate changes are not treated the same as the Parks and Recreation fee structures which are annually passed by Council. v. Daggett spoke to the process and clarified the federal government requires a publAc',hearing on transportation items. Judy4la'rvey, CSU Student; expressed concern regarding rate increases and stated services need to be increased. ante an&L)L. "uage• Raytanderson, 300 Remington, spoke in opposition to rate increases. 168 October 20, 1992 Sandy Baxter, 2805 Redwing Road, supported the increase only if it would benefit ' the users. He suggested new routes run through areas of need for senior citizens, disabled and low income neighborhoods rather than concentrating on the college population. Bruce Lockhart, 2500 E. Harmony Road, supported the resolution. Angela Byrne, 1742 Norwood Lane, opposed the Resolution stating it would be very difficult for low-income citizens to afford the increase. Al Bacilli, 520 Galaxy Court, stated he opposed all the increases and suggested the disabled and elderly people receive free Transfort bus passes. Councilmember Azari questioned the cost of adding an additional route. Councilmember Horak made a motion, seconded by Councilmember Azari, to postpone consideration of this item until a worksession is held discussing the overall Transportation Development Program and possible suggested changes in levels of service. The vote on Councilmember Horak's motion to postpone was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 114, 1992 Relating to the Annual Appropriations and Adopting the Budget for the Fiscal Year Beginning January 1, 1993, and Ending December 31, 1993, and Fixing the Mill Levy for Said Fiscal Year, Adopted as Amended. The following is staff's memorandum on this item. "FINANCIAL IMPACT This Ordinance represents the annual appropriation and adopts the total City Budget for 1993 in the amount of $216,271,014. It also sets the City mill levy at 9.797 mills which will generate $6.0 million. Sales and Use Tax revenues are projected to generate a total of $31.3 million. EXECUTIVE SUMMARY This Ordinance adopts the 1993 Budget for the City of Fort Collins and sets the mill Levy as follows: 169 ' October 20, 1992 General Fund 0 & M...................................1.483 Parks 0 & M.......................................... .924 Poudre Fire Authority Contribution ...................5.177 Fire Pension Fund (Gen. Fund Unfunded Liab.)......... .133 Parks Debt Service...................................1.080 Poudre Fire Authority................................1.000 TOTAL BACKGROUND: The Process: 9.797 The process used for adopting the 1993 Annual Budget will be the same as used for the 1992 budget adoption. Staff will record all adjustments that each Councilmember wants to make to the 1993 Recommended Budget. After all adjustments have been recorded, Council will discuss and vote on each item regarding whether or not to include the item in the annual budget. Staff will adjust the Appropriation Ordinance and Council will consider first reading of the Appropriation Ordinance and the 1993 Annual Budget. ' Changes from the 1993 Recommended Budget are as follows: Capital Proiects Fund - ADA Compliance The Recommended Budget included a $50,000 appropriation for Pedestrian Access Ramps/ADA Compliance. This appropriation has been moved to the Disabled Accessibility capital project where the flexibility for use of the funds for compliance actions associated with the Americans with Disabilities Act (ADA) wi11 be greater. The net change in Capital Projects Fund appropriations resulting from this action is zero. Water Fund - ($242.264) Appropriations in. the Water Fund have been decreased by $242,264 in the following areas: Personal Services have been decreased by $30,332 based on more accurate projections. '. t '•!'a! The bond refunding completed this summer- resulted in a decrease in interest expense of $235,072•andian`increase in bond.tprincipal of $195,001, resulting in a net decrease in total Debt Service appropriations of $40,071. Adjustments to variousaminor•tcapital prograds:�resulted in a decrease of $191,861 and an increase of $20,000 (zero interest loan program - water conservation), ' resulting in a net decrease of $171,861. 110 October 20, 1992 Wastewater Fund - ($89.803) Appropriations in the Wastewater Fund have been decreased by $89,803 for the following adjustments: Personal Services have been decreased by $82,803 based on more accurate projections. Adjustments to various minor capital programs resulted in a decrease of $7,000." City Manager Steve Burkett outlined the item and gave a description of unallocated funds to be used for investment items and responded to Council questions. Councilmember Horak questioned the Recreation Funds responsibility for the maintenance costs. City Manager Burkett responded by clarifying the proposed $100,000 would be used for parks renovation and is not consistent with past policies using recreation funds for park maintenance. He responded to questions regarding the budget for the Police Department and the cost of the lease/purchase for a new console. Mayor Kirkpatrick stated the DARE program was an expensive public relations I program and believed it should be deleted from the budget. Cultural, Library, and Cultural Resources Director Mike Powers clarified the information regarding the recreation fee policy. Director of Community Planning and Environmental Services Greg Byrne spoke of the North College Bike and Pedestrian Project and responded to Council questions. City Manager Burkett spoke of combining a new branch library with the new Fort Collins High School and commented on cost savings and advantages. Ruth Weatherford, 209 Annabell, member of the Landmark Preservation Commission, requested additional funding and staffing for historic preservation and requested an additional 2 members be appointed to the Commission. Councilmember Maxey spoke to the request for additional staff. City Manager Burkett stated he would like to hold a worksession focusing on different programs and outcomes of the Landmark Preservation Commission. aoC .• Councilmember'4inokur made a motion, seconded by Councilmember Azari, to amend ^Ordinance Not 144 1992 increasing the Recreational Fee Policy by $125,000. f rnw 171 October 20, 1992 Bruce Lockhart, 2500 E. Harmony Road, spoke in opposition to the amendment and stated fee increases should be paid by users, not taxpayers. Councilmember Maxey opposed the amendment stating that 40% of the funds would be used for administration. Mayor Kirkpatrick supported the policy but questioned the community value regarding golf and the recreation user fees. She stated it was not a high priority. Councilmember Azari spoke in support of the policy implementation. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Fromme, Horak and Winokur. Nays: Mayor Kirkpatrick and Councilmember Maxey. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Fromme, to amend Ordinance No. 114, 1992, to include $250,000 for affordable housing, to be placed in a trust fund based on task force recommendations. Councilmember Winokur questioned what the funds would be used for. Councilmember Fromme spoke of the number of citizens on the affordable housing waiting list. David Herrera, 3300 Pepperwood Lane, encouraged Council's approval of the amendment and suggested placing a condition on the funds that they be matched at a rate of no less than 1 to 1 and suggested the funds could be leveraged at no less than 3 to 1. Lou Stitzel, 521 E. Laurel Street, spoke of the seriousness of housing needs and urged Council to set funds aside for affordable housing. Sister Mary Alice Murphy, 1712 Erin Court, supported the amendment and spoke of the immediate need for affordable housing. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. ..'CD THE MOTION CARRIED. Councilmember Azari made a motion, seconded by Counci1member-1Maxey, to amend Ordinance No. 114, 1992 appropriating $000,,000 from Street Oversizing Funds together with Transfort funds to provide funding for new routes and to alleviate some of the shortfall from the federal government. 1 172 October 20, 1992 Councilmember Maxey spoke of a possible joint program with the County to assist the City in the transportation needs of citizens outside the city limits. Councilmember Azari stated potential routes may include service to the health service community, and "get to work routes" at the south end of the City. She suggested a worksession be held to discuss the needs. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember Fromme. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Fromme, to amend Ordinance No. 114, 1992, adding an additional $100,000 to the Natural Areas Funds. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Azari, to amend Ordinance No. 114, 1992, adding $300,000 for the North College Bridge Land Acquisition. , City Manager Steve Burkett stated the funds would allow the City to purchase additional right-of-way and noted a memo was sent which outlined the property to be purchased. Councilmember Horak opposed the amendment stating he did not feel that all the issues had been addressed regarding the distribution of money. Councilmember Winokur questioned if this project would fit into the category in which Street Oversizing funds could be used. City Manager Steve Burkett stated that purchasing right-of-way on an arterial conforms with the Street Oversizing Fund concept. Councilmember Azari supported the amendment. Mayor Kirkpatrick stated she did not feel an urgency in purchasing the property and stated she,would not support?tt,he,motion. Councilmember Winokur stated he would support the motion if the funds came from the street oversizing funds and,noti.the General Fund. 173 1 October 20, 1992 City Manager Steve Burkett stated funds would be allocated from the General Fund and requested Council review street oversizing policies and the ordinance to make sure it complies with the policy before money is appropriated. Councilmember Winokur made a motion, seconded by Councilmember Azari, to postpone consideration of Ordinance No. 114, 1992 regarding the North College Bridge Additional Right -of -Way to be reconsidered on Second Reading. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Fromme, Kirkpatrick, Maxey and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Maxey, to amend Ordinance No. 114, 1992 adding $280,000 for the North College Bike and Pedestrian Project. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. ' Councilmember Fromme made a motion, seconded by Councilmember Horak, amending Ordinance No. 114, 1992 including the $70,100 for the Harmony Road Bike Path. Transportation Director Rick Ensdorff answered Council questions and clarified Front Range Community College was not required to construct sidewalks when it was built. Councilmember Fromme urged adoption of the amendment and spoke of the project benefits. Councilmember Azari suggested negotiations with Front Range Community College to assist in providing a permanent walkway and stated it was a temporary solution to provide safety for the pedestrians. The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Maxey and Winokur. Nays: Mayor Kirkpatrick. THE MOTION CARRIED. '"M[(I Councilmember Azari made a motion, seconded by Councilmember Maxey, to amend Ordinance No. 114, 1992, to include $100,000 for the Police Dispatch console. Councilmember Horak questioned the annual cost of the lease/purchase of the consoles. 1 174 October 20, 1992 i City Manager Steve Burkett stated the $100,000 would be used as a down payment to reduce the future lease payments. Councilmember Horak supported the motion and stated he believed the funds should be taken from the budgets receiving the benefits. Councilmember Azari made a motion, seconded by Mayor Kirkpatrick, to postpone consideration on the dispatch console item until second reading so that additional funding options could be reviewed. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Fromme, Horak,-Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Azari made a motion, seconded by Councilmember Horak, to amend Ordinance No. 114, 1992 to increase the social services contribution to $39,200. Councilmember Fromme .inquired if the County provided information stating where the money is spent. City Manager Steve Burkett clarified the County provides the City with written documentation of where the funds are being appropriated.. I Gary Carnes, 2950 Querida, Chairperson of the Human Resource Grant Committee, spoke in support of the motion. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Azari, to amend Ordinance No. 114, 1992 to increase Parks Renovation Fund to $100,000. Councilmember Fromme stated she would support the motion but stated the vendor fee could be used to fund the parks renovation without using additional tax payers' money. 1a The vote on Councilmember Horakbs,emot�ion was as fol:towss Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatri,ekr,-Maxey and WinokurteNays: None. tnis cir zr- as orc THE MOTION CARRIED. and use le ano •e velppnp ,Dace_ Budget Director Doug Smith.alia_ri:fniede.the total amount adil,ocated from the General Fund was $984,300. 175 October 20, 1992 Councilmember Winokur made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 114, 1992 as amended. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 92-159 Supporting the Passage of the Citizen -initiated Ordinance Authorizing the Imposition of an Additional quarter -cent Sales and Use Tax for Natural Areas, No Action. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY At the meeting of October 6, 1992, during Other Business, Council voted to place a resolution on the October 20 Council Agenda to consider taking a position of advocacy on the Citizen -initiated ordinance authorizing a quarter -cent sales and use tax for natural areas. The Parks and Recreation Board, at its meeting of ' September 28, 1992, and the Natural Resources Advisory Board, at its meeting of October 7, 1992, voted unanimously to recommend that City Council support this citizen- initiated ordinance which, if approved by the voters, will impose a quarter -cent sales and use tax for the purpose of funding the development of natural areas within the City. By the adoption of the resolution, Council will be taking a position in support of the proposed ordinance. BACKGROUND: The Council Legislative Review Committee has recommended that the City Council not take a formal position with regard to any of the locally- initiated ballot measures. One of the local measures which has been placed on the November 3 ballot is an ordinance authorizing a quarter -cent sales and use tax, the proceeds of which would be used to fund the acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas within the City. A copy of the ordinance is included in the agenda materials. At meetings on September 28, 1992 and October 7, 1992, respectively, the Parks and Recreation Board and the Natural Resources Advisory Board voted unanimously to recommend that City Council support this citizen -initiated ordinance. The Boards believe that the proposed sales and use tax is a viable and appropriate means of funding the acquisition and development of open spaces, trails and natural areas as identified in the Parks and Recreation Master Plan and in the Natural Areas Policy Plan. 176 October 20, 1992 ' Both Boards considered adopting a position of advocacy on this issue, but refrained from doing so because the review of proposed legislation is not among the assigned functions listed under Sections 2-308 and 2-338 of the City Code. However, if Council is not inclined to take a position of advocacy with regard to this ballot issue, the Boards have recommended that Council permit each to do SO. The Colorado Campaign Reform Act would permit either the Council or the Boards to pass a resolution or take a position of advocacy on this issue." Jody Gigkowski, representing Olandar Elementary School, encouraged support for the natural areas initiative. Eric Stinek, a student at Olander Elementary School, spoke in support of the natural areas initiative. Brent Martin, a student at Olander Elementary School, supported the initiative. Josh Sparks, a student at Olander Elementary School, encouraged Council to adopt the natural areas initiative. Due to the lateness of the hour, Councilmember Horak suggested the matter be postponed. ' Councilmember Fromme asked if this item could be included in the adjournment. Councilmember Maxey made a motion to adjourn to October 27. Councilmember Winokur stated if the meeting were adjourned at this time they would then be done for the evening. MOTION DIES FOR LACK OF A SECOND. Councilmember Fromme suggested postponing consideration of Resolution 92-159 to October 27. No further action was taken on Resolution 92-159. Response to Council Request for Information Regarding Resolution 92-114, PostoonedctoDNovember 3. . recf; o,. Dr The following is staff's memorandum on this item.e suppnr_ec actor I s "FINANCIAL IMPACT t,vpe C.- The total cost the City Manager's Office expects to incur to support: the Challenge Fort Collins process is approximate1yr82,000,n,- :,•n.m,t 177 October 20, 1992 EXECUTIVE SUMMARY On July 7 Council passed Resolution 92-114 which amended the Council Work Plan found in Section 2, Item V, of Resolution 91-99 to read as follows: ..actively participate in the leadership of community -based strategic planning efforts and assist such groups, including Challenge Fort Collins, in the development of a plan for various projects, programs and initiatives, together with a timetable for implementation and proposed funding methods." On August 18 Council passed a motion requesting this item be brought back for reconsideration. BACKGROUND: Attached are the original agenda materials from the July 7 meeting as well as a copy of Resolution 92-114. During the discussion on July 7 staff indicated that the direction understood with the passage of Resolution 92-114 was that the status quo would continue with respect to how the City would support the Challenge Fort Collins process. ' The support being provided to Challenge Fort Collins was recently called into question. Staff is happy to provide Council, as well as the public, with details of staff's involvement in the leadership of the Challenge Fort Collins process. The City Manager's Office has provided support for this process by typing flip charts and preparing mailings. It is estimated that between three and nine hours of staff time is spent by support staff in the City Manager's Office to perform these tasks for each Challenge Fort Collins meeting. Additionally, the City has paid, to date, for postage and related expenses, a total of $1,005.48. Challenge Fort Collins Stakeholder meetings are held every third Thursday from 4:30 to 8:00 p.m. The City Manager served on the Challenge Fort Collins Initiating Committee that helped form the group and design the process. The Assistant to the City Manager continues to serve on the Coordinating Committee. The Coordinating Committee meets from 8:30 to 10:00 p.m. following Challenge Fort Collins Stakeholder meetings and occasionally from noon to 1:30 p.m. the Thursday following Stakeholder meetings. The City Manager's office has provided sack lunches for the noon meetings. Consistent with the understanding that the status quo in effect prior to July 7 would remain acceptable, staff's interpretation of the direction provided in Resolution 92-114 indicated that all these activities were supported by City Council. Staff believes it is acting responsively in the public's interest, in direct conformance with Council direction by providing this type of support and actively participating in the leadership of Challenge Fort Collins. To date, there are no requests for assistance from any group doing community- ' based strategic planning. If requests are received from other groups, as 178 October 20, 1992 provided for in Resolution 92-114, staff will review the request and provide recommendations to Council. Should Council revise its direction on this work plan item, staff will respond accordingly with respect to the assistance currently being provided to Challenge Fort Collins." Councilmember Winokur made a motion, seconded by Council member Azari, to postpone consideration of this item to the next regularly schedule Council Meeting. The vote on'Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Consideration of a Complaint Filed by Ms. Barbara Allison Alleging a Conflict of Interest on the Part of Councilmembers Kirkpatrick, Azari and Maxey, Postponed to 11/3. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY ' The Council and the City Attorney's office have received the attached correspondence from Barbara Allison. Essentially, the complaints filed by Ms. Allison call into question the propriety of City support for Challenge Fort Collins. In particular, Ms. Allison has alleged, in her complaints and in conversations with the City Attorney's office, that the individuals named in her complaint have a conflict of interest in participating in any City decision regarding Challenge Fort Collins when they serve as members of that citizen group. Section 2-569 of the City Code contains procedures for the filing and hearing of complaints against councilmembers. Ms. Allison has requested that her correspondence be construed as such a complaint. Accordingly, the Code requires that the complaint be placed on tonight's Council agenda so that Council may consider whether to submit the complaint to the Ethics Review Board for an advisory opinion and -recommendation. If the matter is not referred to the Ethics Review Board, the Council should decide what, if any, other action pertaining to the complaint is appropriate." City Attorney Steve Roy recommended the City Manager withdraw the item from the Agenda and reschedule for a future Council Meeting when there is a quorum. 179 October 20, 1992 Other Business Councilmember Winokur made a motion, seconded by Councilmember, to amend the second reading dates of Ordinances No. 109, 110, 111, 112, 113 and 114 to November 3. City Clerk Wanda Krajicek gave a brief explanation of submittal deadlines for agenda items. Councilmember Winokur withdrew his motion. Councilmember Horak made a motion, seconded by Councilmember Winokur, to schedule a CSU land use regulation ordinance for 11/3. Art Darby, Interim Vice -President of Administrative Services for CSU, spoke of the lack of student apartment housing and gave an update on the status of the Bull Farm,project. City Manager Steve Burkett outlined staff's involvement with the project. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. ' THE MOTION CARRIED. Councilmember Azari made a motion, seconded by Councilmember Maxey, to adjourn to October 27 at 6:15 p.m. for the purpose of conducting performance evaluations for the City Manager and City Attorney. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Fromme, Kirkpatrick, Maxey and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Adjournment The meeting adjourned at 1:45 a.m. ATTEST: Mayor imL�� �t "_ -1 City Clerk 1 180