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HomeMy WebLinkAboutMINUTES-11/07/2006-RegularNovember 7, 2006 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, November 7, 2006, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation The following individuals spoke in favor offunding for Dial -a -Ride: Sarah Allmon, 1200 East Stuart Street #38. Jenny Shock, 3604 Mt. Ouray Street, Wellington. Frank Morisano, 1120 Wabash Street #3-102. Shelbie Mestas, 127 North Meldrum Street #203. Michael Devereaux, 2150 Maid Marian Court. Jackie Adams, 1625 East Stuart Street #F31. Nancy York, 130 South Whitcomb. Susan Williams, 400 Impala Circle. Vivian Armenderez, 820 Mergenser Drive Apt. 908. Debbie Jones, 216 North College Avenue. The following individual opposed fumigation of prairie dogs on natural areas: Kellie Cremer, 1225 West Prospect Road. Citizen Participation Follow-up Mayor Hutchinson thanked those who spoke during Citizen Participation. He commented that none of the Councilmembers wanted to cut Dial -a -Ride funding. The proposal was to reduce Dial -a -Ride service to minimum ADA standards. Providing Dial -a -Service beyond that minimum level was too expensive for Fort Collins and 65 other cities that had been surveyed. The City was looking at other options and would facilitate a summit on the matter. He urged the public to participate in the discussions that were being organized. Councilmember Ohlson stated Dial -a -Ride funding was a "gut wrenching" issue for all seven Councilmembers. The majority believed the status quo for funding could no longer continue. The City was looking at ways to maintain a quality program with fewer City dollars. He commented the 423 November 7. 2006 matter was complicated by federal regulations. He asked that the public talk to other governmental entities as well because "it was not the City's job to provide services to County residents who do not live inside the City." He noted the County needed to take responsibility for its citizens. Options were being explored to find a temporary and long term solution for those City residents who had basic medical needs. There was an issue that some City residents would not receive Dial -a -Ride service if the program was cut back to minimum ADA standards. This was a "complicated" issue. Councilmember Brown stated the City was pulling together a team to look at Dial -a -Ride funding options and that a summit would eventually be organized. He asked those who wanted to participate in the discussions to contact the City. Councilmember Kastein stated he would like to know the schedule for upcoming meetings on the Dial -a -Ride issue and at what point Councilmembers could participate. He saw the City's role as "facilitating the discussion" to work on short term and long term solutions. He would like to see information on extending Dial -a -Ride everywhere within the City limits. City Manager Atteberry stated he hoped to provide a detailed memorandum to the Council in the next Thursday packet about the forthcoming community -wide dialogue on the Dial -a -Ride issue. Mayor Hutchinson asked staff to talk about contact information. Don Bachman, Interim Transportation Services Director, asked those who were interested in being part of the undertaking to contact the City. The next meeting would probably be scheduled the week after Thanksgiving. City Manager Atteberry stated there was a "good news" item to report. Steve Budner, Recreation Administration, announced that Kathy Turner, Golden Corral Restaurant, was presenting a check from a fund raiser done by the restaurant for the Recreation Division Scholarship Program. Ms. Turner stated $314 was raised during the fund raiser and that there would be another event in August. She thanked the Councilmembers who participated as "celebrity servers." Mayor Hutchinson thanked the Golden Corral for the fund raising effort. Agenda Review City Manager Atteberry stated item #21 Resolution 2006-109 Providing a Process for Implementing City Fee Increases would be pulled from the Consent Calendar for separate discussion. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the September 5.2006 Regular Meeting. 7. Items Relating to the Multi -jurisdictional Drug Task Force. A. Second Reading of Ordinance No. 162, 2006, Appropriating Unanticipated Grant Revenue from the Bureau of Justice Assistance in the General Fund For the Larimer County Drug Task Force. 424 November 7, 2006 B. Second Reading of Ordinance No. 163, 2006, Appropriating Unanticipated Grant Revenue from the Office ofNational Drug Control Policy in the General Fund for the Larimer County Drug Task Force. These Ordinances, unanimously adopted on First Reading on October 17, 2006, appropriate grant funds received by the Larimer County Drug Task Force from the Office of National Drug Control Policy and the Bureau of Justice Assistance. These funds are to be used to fund the investigation of illegal narcotics activities in Larimer County. 8. Second Reading of Ordinance No. 164, 2006, Adopting, and Determining the Effective Date of. the District -Precinct Map for the 2007 Regular Municipal Election. This Ordinance, unanimously adopted on First Reading on October 17, 2006, adopts the District -Precinct Map for the 2007 regular municipal election for the purposes of (1) determining the eligibility for District Council offices for the April 2007 election; (2) determining eligibility for any interim appointments to fill any District Council vacancies which may occur after November 17, 2006; and (3) determining residency for voting in any special municipal election conducted after November 17, 2006. 9. Second Reading of Ordinance No. 165, 2006, Establishing Local Provisions for the Conduct of Mail Ballot Elections. This Ordinance, unanimously adopted on First Reading on October 17, 2006, establishes local provisions for the conduct of mail ballot elections in Fort Collins and supersedes Title 1, Article 7.5 of the Colorado Revised Statutes, as well as any rules and regulations promulgated by the Secretary of State regarding mail ballot elections. 10. Items Relating to the Arbor South Second Annexation and Zoning, A. Second Reading of Ordinance No. 166, 2006, Annexing Property Known as the Arbor South Second Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 167, 2006, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Arbor South Second Annexation to the City of Fort Collins, Colorado. These Ordinances, which were unanimously adopted on First Reading on October 17, 2006, annex and zone 1.83 acres located on the west side of South College Avenue, east of Fossil Boulevard, and north of West Fairway Lane. It is currently vacant, undeveloped property and is in the T — Tourist Zoning District in Larimer County. The requested zoning in the City of Fort Collins is C - Commercial. 11. Second Reading of Ordinance No. 168, 2006, Vacating Portions of Right-of-way as Dedicated on the Plat of Provincetowne P.U.D., Filing No. 2. 425 November 7, 2006 This Ordinance, unanimously adopted on First Reading on October 17, 2006, vacates portions of right-of-way located in the Provincetowne, Filing Two that are no longer necessary. A temporary access, drainage and utility easement is retained. 12. Items Relating to the Provincetowne P.U.D. Filing Three Development. A. Second Reading of Ordinance No. 169, 2006, Declaring Certain City -Owned Property in Provincetowne P.U.D. As Road Right -Of -Way B. Second Reading of Ordinance No. 170, 2006, Authorizing the Conveyance of a Perpetual Drainage Easement and Temporary Construction Easement for the Provincetowne P.U.D. Filing Three Development Project. The developer of Provincetowne P.U.D. Filing 2, KB Homes Inc., wishes to modify two cul- de-sacs in its development to connect with new roads included in the new Third Filing of Provincetowne P.U.D.. This modification would require the designation of a portion of Outlot I of Filing 2 (future park site) as right-of-way. The developer also wishes to acquire a 30,771 square foot drainage easement through the future park site for the benefit of the development. These Ordinances, unanimously adopted on First Reading on October 17, 2006, designate the right-of-way and authorize conveyance of the drainage easement and temporary construction easement. 13. Items Relating to the 2007 Downtown Development Authorityget. A. Second Reading of Ordinance No. 171, 2006, Appropriating Operating Funds and Approving the Budget of the Downtown Development Authority for the Fiscal Year Beginning January 1, 2007, and Fixing the Mill Levy for the Downtown Development Authority for 2007 at Five Mills. B. Second Reading of Ordinance No. 172, 2006, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service for the Year 2007. The Downtown Development Authority Board of Directors (the 'Board") adopted its proposed budget for 2007 totaling $6,196,867 on September 7, 2006. The Board determined the mill levy necessary to provide for payment of administrative costs incurred by the DDA at its regular meeting of September 7, 2006. Ordinance No. 171, 2006, appropriates the DDA operating funds and sets the mill levy. Ordinance No. 172, 2006, appropriates funds for 2007 DDA debt service payments from the tax increment received by the City. Both Ordinances were unanimously adopted on First Reading on October 17, 2006. 14. Items Relating to Utility Rates and Charges for 2007. 426 November 7, 2006 A. Second Reading of Ordinance No. 173, 2006, Amending Chapter 26, Article III, Division 4 of the City Code Relating to User Rates and Charges for Water. B. Second Reading of Ordinance No. 174, 2006, Amending Chapter 26, Article IV, Division 4 of the City Code Relating to Wastewater Rates and Charges. C. Second Reading of Ordinance No. 175, 2006, Amending Chapter 26, Article VI, Division 4 of the City Code Relating to Electric Development Fees and Charges. D. Second Reading of Ordinance No. 176, 2006, Amending Chapter 26, Article I & XII of the City Code Relating to Utility Bills and Notices and Administrative Regulations for Billing and Collection. Ordinance No. 173, 2006 establishes Utilities monthly water rates for 2007. Ordinance No. 174, 2006 establishes Utilities monthly wastewater rates for 2007 and the second phase of the wastewater plant investment fees (PIFs) to be implemented January 1, 2007. Ordinance No. 175, 2006, updates electric development fees and charges to capture the costs associated with providing capital improvements to new development. Ordinance No. 176, 2006, modifies City Code to allow users an option of electronic delivery of utility bills and notices. These Ordinances were unanimously adopted on First Reading on October 17, 2006. 15. First Reading of Ordinance No. 178, 2006, Appropriating Unanticipated Revenue in the General Fund to Develop the I-25 and State Highway 392 Interchange Improvement Plan. On September 7, 2006, the North Front Range Metropolitan Planning Organization ("MPO") awarded the City a grant of $25,420 to develop the I-25/SH 392 Interchange Improvement Plan. The Plan is identified in the 2006-2007 Work Program for the Advance Planning Department and $50,000 was allocated in the budget to represent the City's share in the joint project. The MPO money was awarded after the project budget was allocated, so this Ordinance is needed to appropriate the unanticipated additional amount of $25,420. 16. First Reading of Ordinance No. 179, 2006, Appropriating Unanticipated Revenue in the Recreation Fund to be Used for the Youth Pottery Program. On August 15, 2006, Council adopted Resolution 2006-081 authorizing the City Manager to enter into a grant agreement with the Colorado Council on the Arts for funding for the Youth Pottery Program. The City Recreation Division was recently awarded a matching grant from the Colorado Council on the Arts in the amount of $7,030. This amount represents the difference between expenses directly attributed to the Youth Pottery Program and program revenues during the fiscal year, July 1, 2006 through June 30, 2007. The Colorado Council on the Arts requires that the City Council appropriate these funds. This request is to appropriate the amount of $7,030 to support this program in 2006/2007 and authorize the transfer of appropriations totaling $3,515, from the Recreation Fund 2006 operating budget to grant project budget, 427 November 7, 2006 representing the required 2006 matching dollars. Grant matching funds for 2007 ($3,515) are included in the Recreation Fund 2007 budget. 17. First Reading of Ordinance No 180 2006 Appropriating an Revenue in the Wastewater Fund and Authorizing the Transfer of Appropriations Within the Wastewater Fund to be Used for Odor Control Measures at the Drake Water Reclamation Facility. Additional project dollars ($1,200,000) are needed to fund odor control due to significant increased costs in materials. The Wastewater Fund recently transferred land valued at $2,000,000 to the General Fund in exchange for property used in the operations of the various utilities. $800,000 of the property transferred to the Wastewater Utility is used in the operations of the Water Utility. The Water Utility will pay the Wastewater Utility $800,000 for the property. The Wastewater Utility will also transfer $400,000 from budgeted contingency funds to capital project for odor control. 18. First Reading of Ordinance No 181 2006 Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the General Fund for the Restorative Justice Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget to the Grant Project. A grant in the amount of $30,635 has been received from the Colorado Division of Criminal Justice (DCJ) for salaries associated with the continued operation of the Restorative Justice Program. Restorative Justice is an alternative method of holding a youth offender accountable by facilitating a meeting with the young offender, the victim and members of the community to determine the harm done by the crime, and what should be done to repair the harm. By learning to understand the impact of their actions on the victim and community, criminal justice officials are optimistic repeat offenses by these youth will be reduced. A $10,212 cash match is required and will be met by appropriating previously collected project income (client fees) from users of this program in the amount of $6,212 and $4,000 of already appropriated funds designated for Restorative Justice in the Police Services budget. The grant period is from October 18, 2006 to June 30, 2007. 19. First Reading of Ordinance No 182 2006 Authorizing and Approving the Issuance and Sale of Not to Exceed $20 000 000 Pollution Control Refunding Revenue Bonds (Anheuser-Busch Project) Series 2006 of the City of Fort Collins. Colorado. to Refund Certain Bonds of the City of Fort Collins Colorado Issued to Refinance Certain Water Pollution Control Facilities Sewage Facilities and Solid Waste Disposal Facilities. the Execution and Delivery of an Indenture of Trust to Secure Said Bonds: the Execution and Delivery of a Loan Agreement Between Anheuser-Busch Companies hic. and the City of Fort Collins Colorado Providing for the Repayment of the Loan of the Proceeds of Said Bonds• the Execution and Delivery of a Tax Regulatory Agreement Bond Purchase Agreement Official Statement and Said Bonds in Connection Therewith; and Providing for Certain Other Matters in Connection with the Delivery of the Bonds. In 1984, the City issued $35,000,000 of pollution control revenue bonds for the Anheuser- November 7, 2006 Busch Companies, Inc. (the "Company"). In 1986, the bonds were reissued in the amount of $20,000,000. The first call date for the 1986 bonds was September 4, 1996. The bonds were used to finance the costs of acquiring, constructing, installing and equipping pollution control facilities, sewage facilities, and solid waste disposal facilities to be owned by the Company or one of its subsidiary companies. Because of the change in interest rates, the Company would like to refinance the outstanding bonds to attain debt service savings. The 1986 bonds carry an interest rate of 7.375%. The refinanced rate of interest is expected to be around 6.5%. The proposed refinancing will extend the maturity of the bonds from 2014 to 2036. 20. First Reading of Ordinance No 183 2006 Amending the City Code to Increase the Capital Improvement Expansion Fee Street Oversizing Fee and Neighborhood Parkland Fee to Reflect Inflation in Associated Costs of Services. This Ordinance increases the fee schedules for the Capital Improvement Expansion Fees and Neighborhood Parkland Fee by the estimated 2006 changes in the Denver -Boulder -Greeley Consumer Price Index ("CPI"). Costs in the Capital Improvement Expansion Fees ("CIEF") Study and the fee schedule for the Neighborhood Parkland Fees were calculated using costs from 1995. The fees were last adjusted in 2005. This Ordinance increases the CIEF and the Neighborhood Parkland Fees by the estimated 2006 increase in the CPI of 3.75%, and the Street Oversizing fees by 4.23%, which reflects the projected increase reported in the Engineering News Record. 21. Resolution 2006-109 Providing a Process for Implementing City Fee Increases. City Councilmembers have requested that staff develop a proposed process for reviewing future increases to a variety of fees currently imposed by the City. This Resolution provides direction to staff about an evaluation process and articulates City Council's goal of evaluating the impact of fees on the community. The City Manager commits to a fee review process which will compare City fees to those of other communities in the region. 22, Resolution 2006 110 Approving the Purchase of a Senses Networks In -Pavement Vehicle Detection System. The Traffic Operations Department has obtained federal funding to develop a travelers web page. The web page will provide real-time information about traffic congestion to assist drivers in planning for and selecting alternative routes. To determine congestion conditions, vehicle detection will be installed along major corridors to collect count and speed information. Sensys is the only manufacturer of wireless in -pavement vehicle detectors with data collection software. 23. Resolution 2006 112 Responding to the Motion for Reconsideration of Ordinance No. 137 2006 Relating to the Southwest Enclave Annexation. 429 November 7, 2006 Following the City Council's adoption of an ordinance annexing the Southwest Enclave, the Citizens Against Forced Annexation ("CAFA") filed a motion for reconsideration of that ordinance with the City. This Resolution responds to the grounds stated in the motion, and adoption of the Resolution would deny the motion. 24. Routine Easement. Easement for construction and maintenance of public utilities from FC Timberline Development, LLC, to underground electric system, located at 4502 JFK Parkway. Monetary consideration: $5000. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. Items Relating to the Multi -jurisdictional Drug Task Force. A. Second Reading of Ordinance No. 162, 2006, Appropriating Unanticipated Grant Revenue from the Bureau of Justice Assistance in the General Fund For the Larimer County Drug Task Force. B. Second Reading of Ordinance No. 163, 2006, Appropriating Unanticipated Grant Revenue from the Office of National Drug Control Policy in the General Fund for the Larimer County Drug Task Force. 8. Second Reading of Ordinance No. 164, 2006, Adopting, and Determining the Effective Date of, the District -Precinct Map for the 2007 Regular Municipal Election. 9. Second Reading of Ordinance No. 165, 2006, Establishing Local Provisions for the Conduct of Mail Ballot Elections. 10. Items Relating to the Arbor South Second Annexation and Zoning. A. Second Reading of Ordinance No. 166, 2006, Annexing Property Known as the Arbor South Second Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 167, 2006, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Arbor South Second Annexation to the City of Fort Collins, Colorado. 11. Second Reading of Ordinance No. 168, 2006, Vacating Portions of Right-of-way as Dedicated on the Plat of Provincetowne P.U.D., Filing No. 2. 12. Items Relating to the Provincetowne P.U.D. Filing Three Development. 430 November 7, 2006 A. Second Reading of Ordinance No. 169, 2006, Declaring Certain City -Owned Property in Provincetowne P.U.D. As Road Right -Of -Way B. Second Reading of Ordinance No. 170, 2006, Authorizing the Conveyance of a Perpetual Drainage Easement and Temporary Construction Easement for the Provincetowne P.U.D. Filing Three Development Project. 13. Items Relating to the 2007 Downtown Development Authority Budget. A. Second Reading of Ordinance No. 171, 2006, Appropriating Operating Funds and Approving the Budget of the Downtown Development Authority for the Fiscal Year Beginning January 1, 2007, and Fixing the Mill Levy for the Downtown Development Authority for 2007 at Five Mills. B. Second Reading of Ordinance No. 172, 2006, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service for the Year 2007. 14. Items Relating to Utility Rates and Charges for 2007. A. Second Reading of Ordinance No. 173, 2006, Amending Chapter 26, Article III, Division 4 of the City Code Relating to User Rates and Charges for Water. B. Second Reading of Ordinance No. 174, 2006, Amending Chapter 26, Article IV, Division 4 of the City Code Relating to Wastewater Rates and Charges. C. Second Reading of Ordinance No. 175, 2006, Amending Chapter 26, Article VI, Division 4 of the City Code Relating to Electric Development Fees and Charges. D. Second Reading of Ordinance No. 176, 2006, Amending Chapter 26, Article I & XII of the City Code Relating to Utility Bills and Notices and Administrative Regulations for Billing and Collection. Ordinances on First Reading were read by title by City Clerk Krajicek. 15. First Reading of Ordinance No. 178, 2006, Appropriating Unanticipated Revenue in the General Fund to Develop the I-25 and State Highway 392 Interchange Improvement Plan. 16. First Reading of Ordinance No. 179, 2006, Appropriating Unanticipated Revenue in the Recreation Fund to be Used for the Youth Pottery Program. 17. First Reading of Ordinance No. 180, 2006, Appropriating Unanticipated Revenue in the Wastewater Fund and Authorizing the Transfer of Appropriations Within the Wastewater Fund to be Used for Odor Control Measures at the Drake Water Reclamation Facility. 431 November 7, 2006 18. First Reading of Ordinance No. 181, 2006, Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the General Fund for the Restorative Justice Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget to the Grant Project. 19. First Reading of Ordinance No. 182, 2006, Authorizing and Approving the Issuance and Sale of Not to Exceed $20,000,000 Pollution Control Refunding Revenue Bonds (Anheuser-Busch Project) Series 2006 of the City of Fort Collins, Colorado, to Refund Certain Bonds of the City of Fort Collins, Colorado, Issued to Refinance Certain Water Pollution Control Facilities, Sewage Facilities and Solid Waste Disposal Facilities; the Execution and Delivery of an Indenture of Trust to Secure Said Bonds; the Execution and Delivery of a Loan Agreement Between Anheuser-Busch Companies, Inc. and the City of Fort Collins, Colorado Providing for the Repayment of the Loan of the Proceeds of Said Bonds; the Execution and Delivery of a Tax Regulatory Agreement, Bond Purchase Agreement, Official Statement and Said Bonds in Connection Therewith; and Providing for Certain Other Matters in Connection with the Delivery of the Bonds. 20. First Reading of Ordinance No. 183, 2006, Amending the City Code to Increase the Capital Improvement Expansion Fee, Street Oversizing Fee and Neighborhood Parkland Fee to Reflect Inflation in Associated Costs of Services. 29. Items Relating to the Adoption of a Transportation Maintenance Fee and a Community Park Maintenance Fee. A. First Reading of Ordinance No. 184, 2006, Amending Chapter 7.5 of the City Code to Establish a Transportation Maintenance Fee. B. First Reading of Ordinance No. 185, 2006, Amending Chapter 7.5 of the City Code to Establish a Community Park Maintenance Fee. Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED Consent Calendar Follow-up Councilmember Ohlson spoke regarding item #17 First Reading of Ordinance No. 180, 2006, Appropriating Unanticipated Revenue in the Wastewater Fund and Authorizing the Transfer of Appropriations Within the Wastewater Fund to be Used for Odor Control Measures at the Drake Water Reclamation Facility and noted that he had asked the City Manager for further information prior to Second Reading on development close to the treatment plant and the scale of one-time and ongoing dollars needed to deal with odor complaints. He requested that on Second Reading this item be placed on the discussion agenda rather than the Consent Calendar. 432 November 7, 2006 Councilmember Kastein asked that item #20 First Reading of Ordinance No. 183, 2006, Amending the City Code to Increase the Capital Improvement Expansion Fee, Street Oversizing Fee and Neighborhood Parkland Fee to Reflect Inflation in Associated Costs of Services be placed on the discussion agenda on Second Reading for additional discussion on collection of the parkland fee. He spoke regarding item #22 Resolution 2006-110 Approving the Purchase of a Sensys Networks In -Pavement Vehicle Detection System and noted that this was CMAQ grant. There was more than $1 million available per year to the City for transportation improvement projects showing some benefit to air quality. He suggested that the City needed a strategy on how CMAQ dollars should be used. Mayor Hutchinson suggested a work session to discuss the parkland fees. Councilmember Ohlson agreed a work session should be held to go along with the Parks Master Plan update. There needed to be a "serious look and justification" for the parks policies. He believed a majority of the Council wanted to look at this fee issue and whether 17 new parks should be opened in the next 20 years. City Manager Atteberry stated he understood a majority of the Council favored looking at this issue. He had discussed this with staff and agreed that the appropriate place to look at the matter was during the Parks Master Plan update. Councilmember Reports Councilmember Kastein reported on MPO discussions relating to a coalition to work on the RTA. Staff ReRorts City Manager Atteberry reported on the activities sponsored by the CSU/City liaison program and the neighborhood partnership pilot program designed to build community partnerships between students and non -students and create a positive neighborhood environment. He also reported that three City staff members (Melissa Emerson, Rich Kopp, Robin Macdonald) participated in and helped organize a "town/gown" program at the American Association of Code Enforcement Conference. Public Hearing and Resolution 2006-111 Approving the Programs and Projects That Will Receive Funds From the Federal Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Grants and the Citv's Affordable Housing Fund, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT The Community Development Block Grant (CDBG) Program and Home Investment Partnership (HOME) Program provide Federal funds from the Department of Housing and Urban Development (HUD) to the City of Fort Collins which can be allocated to housing and community development 433 November 7, 2006 related programs and projects, thereby, reducing the demand on the City's General Fund Budget to address such needs. City funds for this item have been appropriated as part of the Affordable Housing Fund in December 2005. EXECUTIVE SUMMARY This Resolution will complete the fall cycle of the competitive process for allocating City financial resources to affordable housing programs/projects and community development activities. BACKGROUND This Resolution establishes which programs and projects will receive funding with CDBG and HOMEfunds for the FY 2006 Program year, which started on October 1, 2006, including the use of Carry-over CDBG Entitlement Grant funds, funds from the FY 2006 HOME Grant, funds from the HOME Community Housing Development Organization (CHDO) Set Aside and funds from the City's Affordable Housing Fund. The CDBG Commission presents a list of recommendations as to which programs and projects should receive funding. The following table summarizes the amount and sources of available funds: AMOUNT SOURCE $483, 687 FY 2006 HOME Grant 96,813 HOME CHDO Funds 105,787 CDBG Carry-over Funds 133,000 Affordable Housing Fund $819 287 Total Funding Available HOME Community Housing Development Organization (CHDO) set asidefunds represent aportion oftheHOMEgrantearmarkedfor CHDO agencies. CDBG Carry-over Funds represent theportion of the FY 2006 CDBG Entitlement Grant that were not allocated during the spring cycle of the competitive process. The CDBG Commission presents recommendations as to which programs and projects should receive funding from the available funding sources presented above. The following tables present the allocations recommended by the Commission to the City Council within each major category: Affordable Housing Applicant Project/Program Funding Request Commission's Recommendation Unfunded Balance HO-1 Neighbor -to -Neighbor $80,080 $80,080 $0 —Rehabilitation of Coachlight and Conifer Properties HO-2 Fort Collins Housing $127,952 $0 $127,952 Corporation — Linden House Rehabilitation 434 November 7, 2006 HO-3 Fort Collins Housing $350,000 $163,500 $186,500 Corporation — Stadium Apartments Acquisition and Rehabilitation HO-4 CARE Housing — $300,000 $300,000 $0 Acquisition o Land HO-5 City of Fort Collins — $250,000 $250,000 $0 Home Bu er Assistance All funding recommendations in the Ajjordabie Housing category are in theDorm of a "Due on Sale Loan + 5% Simple Interest. " Public Facility Applicant Funding Commission's Unfunded Pro'ecvPro ram Request Recommendation Balance PF-1 CrossroadsSafehouse— $12,475 $12,475 $0 Facilitv Improvement All funding recommendations in the Public Facilities category are in the form of a "Due on Sale Loan + 5% Simple Interest. " A summary ofthe Commission's funding recommendations by category is presented in the following table: Recommended Fundin % of Total I Category $793,580 98.5% A ordable Housing 12,475 1.5% Public Facilities $806 055 100.0% 1 Total The CDBG Commission has recommended that $806,055 (98.4%) of the available funding amount of $819,287 be allocated leaving a balance of only $13, 232. The Commission recommends that all of the funds from all sources be utilized except for the $13, 232 from the FY2006 CDBG Entitlement Grant. The $13,232 will be carried over and will be available for allocation in the 2007 spring cycle of the competitive process. Recommended Funding % of Total I Cate ory $806,505 98.4% 1 Allocated to Programs and Projects 13,232 1.6% Car -over to 2007 S rin C cle $819 287 100.0% Total Funds Available City Manager Atteberry introduced the agenda item. Ken Waido, Chief Planner, stated in the fall cycle, there was slightly over $819,000 available, including funds from two federal programs (CDBG and HOME programs) and the City's affordable housing funds. The City received six proposals for the funds totally more than $1.1 million. Typically there were more funding requests than dollars to allocate. The review process included 435 November 7, 2006 the Affordable Housing Board and the CDBG Commission. The Commission recommended the allocation of slightly more than $806,000 and 98.5% was recommended to support affordable housing projects while 1.5% (slightly more than $12,000) was recommended to go to apublic facility proposal. The recommendation was that 98.4% of the available money be allocated and the remaining $13,232 be carried over to the spring cycle in 2007. Councilmember Roy asked about the Linden House rehabilitation project and noted there was a request for a little over $125,000. He asked staff to characterize the nature of the repairs and maintenance that was being deferred and the general condition the housing at that location. Waido stated there would be interior upgrades to repair normal wear and tear for the existing single room occupancy units. Bob Browning, CDBG Commission chair, stated the improvements included upgrading windows for energy purposes and generally making the individual rooms more inhabitable. The Housing Authority indicated it would go ahead and maintain the rental of these units and would come back for funds in the future. Councilmember Roy asked when the last major rehabilitation was done on that particular property. Waido stated it had been a while. Councilmember Roy stated this propertyhad "served its purpose very well' for many years "without controversy." He understood all of the projects were "worthy" and not everything could be funded. He believed this was a "strong housing unit' that had received quite a bit of funding in the past. He expressed concern that the property continue to be maintained at "more than a basic level of service." Councilmember Ohlson asked if the Linden House was privately owned. Waido replied in the affirmative. Councilmember Ohlson asked if much money had been put into that property in the past. It appeared to be owned free and clear and the property owner was unwilling to maintain it. He questioned why the City should step in unless the property owner would invest some money to fix it up. He asked if public money had been put into this property in the past. Waido stated CDBG had put $100,000 to $200,000 into this in the past. Councilmember Ohlson stated he "appreciated the caution" in using public funds for this private property and if public funds would be put toward this in the future, the property owner should put in 3 to 1 in funds. He expressed a concern that the benefit could go to the property owner rather than the residents since they did not have leases. Mr. Browning stated the CDBG Commission was concerned about the lack of owner participation in helping with the rehab or in reducing rents in return for the public subsidy. If the funding was approved for the project a condition would be that residents would have leases. Councilmember Roy asked if there was a lease for the upper floor. Mr. Browning stated he did not believe that there was a current lease. Councilmember Kastein made a motion, seconded by Councilmember Manvel, to adopt Resolution 2006-111. 436 November 7, 2006 Councilmember Kastein thanked the CDBG Commission for its hard work. Mayor Hutchinson added his appreciation for the hard work done by the Commission. Councilmember Roy stated he would like to know if the City had a lease at that particular property since the agenda material indicated that there was such a lease. Councilmember Weitkunat thanked the CDBG Commission for its work on this difficult task within a program that was constantly in "transition." Councilmember Manvel expressed thanks to the CDBG Commission and those who worked to provide affordable housing in Fort Collins. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Mayor Hutchinson requested that the Council consider pulled Consent Calendar item #21 Resolution 2006-109 Providing a Process for Implementing City Fee Increases before the discussion agenda because of its relevance to a discussion agenda item. The consensus was in favor of changing the agenda order to consider item #21 next. Resolution 2006-109 Providing_a Process for Implementing City Fee Increases, Adopted as Amended. The following is staff s memorandum on this item. "EXECUTIVE SUMMARY City Councilmembers have requested that staff develop a proposed process for reviewing future increases to a variety offees currently imposed by the City. This Resolution provides direction to staffabout an evaluation process and articulates City Council 's goal ofevaluating the impact offees on the community. The City Manager commits to a fee review process which will compare Cityfees to those of other communities in the region. BACKGROUND The City of Fort Collins imposes fees on a variety of activities within the community. The fees are imposed for a variety of purposes including development impact fees, capital expansion fees, user fees and permit fees. The level of these fees is set to cover the cost ofspecific City services including the cost of providing municipal infrastructure, City services and administrative costs of City services. These fees are reviewed occasionally for appropriateness and the continued need for these fees. 437 November 7, 2006 Generally, the City Code defines how these fees are calculated and updated. The Resolution outlines several actions that the City will undertake to achieve these goals: 1. Except as may be otherwise specifically provided in the City Code, each fee imposed by the City will be reviewed by City staff no less frequently than every twenty-four (24) months, which review shall occur in conjunction with the preparation of the City's biennial budget. 2. The overall purpose of the review shall be to evaluate whether the amount of each fee appropriately covers the costs actually incurred by the City in providing the infrastructure or services funded by the fee without unduly burdening the fee payer. 3. Staff shall also ensure, as a part of the review, that appropriate efforts have been made by the City to control any escalating costs that might cause fees to increase by improving efficiencies and work methods. 4. Based upon such review, the City Manager will recommend to the City Council any changes in fee amounts that the City Manager may deem appropriate, taking into consideration the amount offees imposed by other Front Range cities for similar purposes. " City Manager Atteberry stated this Resolution was intended to be responsive to requests from Council since this Council had taken office, that there be no "surprises" relating to fees. Council had indicated that substantial fee increases were not "palatable" when there had not been a fee increase for many years. The Resolution would create some accountability by directing the City Manager to review fees in a "scheduled ways" consistent with the budget process and comparable to fees set by other regional entities. There would be a commitment to a regular review of fees and sufficient information would be presented to facilitate an understanding of what was "driving" the fee increase and whether efficiencies or improvements could be undertaken within the organization to avoid the fee increase. The Resolution would commit the staff to the new process for the long term. He suggested an addition to the last WHEREAS clause to read: "WHEREAS, the amount of these fees should also be-irr-line-nrith TAKE INTO CONSIDERATION fees charged by other Front Range cities for similar purposes to help evaluate whether the City fees are reasonable." City fees could actually be significantly lower or higher than fees set by others in the region and there should be a good explanation if that was the case. Councilmember Kastein stated the cost control data that would be provided was important because it was "too easy" just to increase fees. It was important to have information that the organization in that particular area was tracking costs and that the fee increase in noway reflected that a "department was out of control." He asked if the cost control data would be provided at the start of the budget cycle and/or at the time the fee increase was proposed to the Council. City Manager Atteberry stated he believed that it would be useful to present the cost control data at both times. He anticipated presenting information on likely fee increases or decreases for the following year at the beginning of the budget process. There would be a more detailed analysis as the fee increase or decrease was brought forward. There was a "rare" possibility for unanticipated cost increases that were not discussed at the beginning of the budget cycle. EM November 7, 2006 Councilmember Kastein stated he would like Council to receive a "list" of "snapshot (best guess)" of all fees that would be considered in the next year or two. It was necessary for the Council to have a picture of all of the potential fees to prioritize and make a decision on any new fee. City Manager Atteberry stated he expected this to happen "to the greatest extent possible." It was difficult to anticipate fees two years out in all cases. Mayor Hutchinson asked if the Resolution clearly reflected this intent. City Manager Atteberry stated he believed staff clearly understood the Council's intent. He noted there were fees set by Council and fees set administratively. Councilmember Roy noted there were recent fee discussions involving the School Districts. He asked if this Resolution would cover fees collected by the City for other parties. City Attorney Roy stated he believed that such fees were covered by the Resolution because it talked about fees established in the City Code. Councilmember Kastein suggested language to direct that some kind of fee schedule and cost control data report be prepared and published by staff. City Manager Atteberry suggested that thought be given to the purpose of the report. He expressed a concern that people would interpret the report as the City's "policy" and there could be issues if a fee was not set as outlined in the report. He stated the report should not be considered to be "legally binding." Councilmember Kastein stated the report could include that caveat. Mayor Hutchinson asked if such a report would be published in the budget. City Manager Atteberry stated rates would be published in the budget and he was not sure about fees. The Resolution could be postponed to allow time to clarify out those details or that new language could be written at this time. Councilmember Weitkunat asked about the intent. She stated the Resolution had been brought forward to provide a process to look at fees. She did not see a need to address the "technicalities" of how that would occur. She saw this as a budget tool and something that would be taken to the Council Finance Committee to work its way through the system. It might be preferable to leave the "details" and the "depth" to the Committee. There was a need for some kind of "list" of fees to "get everybody on the same page." Mayor Hutchinson stated he agreed with Councilmember Weitkunat that the intent of the Resolution was to set the "parameters" or "policy" for the process. Councilmember Roy noted that much of the discussion had been about fees that had not been reviewed in seven or eight years. The intent was that fee changes be brought forward in a timely manner. Councilmember Manvel suggested adding a phrase to Section 4 to say that "... the City Manager will report the results of such review to the City Council and recommend ...." 439 November 7, 2006 Councilmember Kastein stated that would reflect his intent. Councilmember Weitkunat made a motion, seconded by Councilmember Roy, to adopt Resolution 2006-109. Councilmember Manvel offered a friendly amendment to Section 4 to say "... that the City Manager will report the results of such review to the City Council and recommend ...." Councilmembers Weitkunat and Roy accepted the friendly amendment. Councilmember Manvel stated he wanted to ensure the Council did not receive a lot of information that it did not want i.e., the administrative fees. He believed this was taken care of by the language that provided the process would relate to fees established by the City Code and language that provided the staff would "evaluate the amount of each fee, except as otherwise provided in the City Code." City Attorney Roy stated the first language referenced by Councilmember Manvel explained that the process would not relate to fees that were set administratively. The purpose of the second phrase was different because some fees set by the Code required an annual review and update. In cases where the Code did not specify a periodic review, this Resolution would establish a review at least every two years. Mayor Hutchinson stated this was a "significant' item. Council had been very interested in the fee issue for a long time because fees had an impact on the economic health of the City. The fees should be kept to a minimum and this Resolution would lay the groundwork for a policy that had never been addressed by the Council. The vote on the motion as amended by the friendly amendment was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Items Relating to the Adoption of a Transportation Maintenance Fee and a Community Park Maintenance Fee Adopted on First Reading. The following is staff s memorandum on this item. "FINANCL4L IMPACT These Ordinances propose a Transportation Maintenance Fee (TMF) and a Community Park Maintenance Fee (CPMF). The total net revenue from the new special services fees will equal approximately $3.14 million per year. The TMF revenue will be allocated to the Pavement Management Program and the CPMF revenue will be allocated to the maintenance of community parks. November 7, 2006 Revenue Weighting Residential Fee Revenue Total Revenue TMF CPMF Total TMF * CPMF $ $1.44 $2.97 02,260,90 $879,864 3,140,764 Option A: Weighted to TMF 1.53 Option B: $ $1,449,70 $1,686,72 $ Balanced 1.01 $2.67 $3.68 2 2 3,136,424 MF/CPMF *TMFrates for non-residential properties are set by formula. The CPMF would not apply to non-residential properties. EXECUTIVE SUMMARY OPTIONA: Revenue Weighted to TMF 1. First Reading of Ordinance No. 184, 2006, Amending Chapter 7.5 of the City Code to Establish a Transportation Maintenance Fee. (Option A) AND First Reading of Ordinance No. 185, 2006, Amending Chapter 7.5 of the City Code to Establish a Community Park Maintenance Fee. (Option A) OPTION B: Equal Revenue from TMF and CPMF 2. First Reading of Ordinance No. 184, 2006, Amending Chapter 7.5 of the City Code to Establish a Transportation Maintenance Fee. (Option B) AND First Reading of Ordinance No. 185, 2006, Amending Chapter 7.5 of the City Code to Establish a Community Park Maintenance Fee. (Option B) At the October 10, 2006 Work Session, City Council directed staff to prepare two alternatives for the proposed Transportation Maintenance Fee (TMF) and Community Park Maintenance Fee (CPMF). Option A would weight the fee revenue toward the TMF, while Option B would equally divide the revenue between the TMF and CPMF. For each option (A and B), a TMF ordinance and a CMPF ordinance are presented. The Option A ordinances or the Option B ordinances should be adopted as a set. In summary, the two options would generate the same amount of new revenue, approximately $3.14 million per year in 2007. Option A weights the fee revenue toward the TMF 441 November 7, 2006 • $2,260,900 (72%) from TMF • $ 879,864 (2891o) from CPMF • Residential pays 54% ($1,696,013) • Non-residential pays 46% ($1,444,751 Option B equalizes the fee revenue between TMF and CPMF $1,449,702 (46%) from TMF $1, 686, 722 (54%) from CPMF Residential pays 70% ($2,195, 497) Non-residential pays 30% ($940,927) Both options generate approximately the same amount of total revenue. Staff recommends adoption of Option B, which would establish two new fees with equal revenue from each fee. This option would mitigate some of the impact on businesses which would have been created under Option A. Each of the fees is based on recovering a portion of the cost of the respective programs. The total cost of the Pavement Management Program is over $9 million ($5.5 million is funded through the Building on Basics Street Maintenance Sales Tax), and the total cost of maintaining the City's community parks is $2.6 million. These figures represent the maximum amount that could be charged through a special service fee. Neither of the proposed options exceeds the costs. BACKGROUND Special Service Fees The proposed TMF and CPMF are "special service fees. " Such fees have been increasingly used by Colorado municipalities over the last couple of decades as a means ofproviding supplementary funding for particular government services. In order to establish a legitimate special service fee, several court -established tests must be met in formulating the fee and expending the proceeds from the fee. Essentially, a special service fee is distinguished from a tax in that it: (1) is imposed on persons or property to defray the costs of a particular governmental service rather than the general expenses ofgovernment, (2) the amount generated by fee must be reasonably related to the overall costs of providing the service funded by the fee; (3) the methodology used to determine the amount paid by individual fee payers must have a rational basis; and (4) revenues generated by the fee must be segregated and used only for the purposes for which the fee is imposed. Both the TMF and CPMF have been prepared by City staff with these criteria in mind. Neither fee would generate revenues in excess of the cost of maintaining City streets and parks, and a substantial portion of those costs will continue to be borne by other revenue sources. Community Park Maintenance Fee The implementation of the CPMF would support maintenance of the City's communitypark system. The fee will be imposed on all residential dwelling units as defined in the attached ordinance. A flat 442 November 7, 2006 fee of $1.44 (Option A) or $2.67 (Option B) per dwelling unit will be added to monthly utility bills beginning in 2007. The fee will be used in conjunction with General Fund resources to fund all aspects of maintaining community parks. Maintenance includes, but is not limited to maintenance of all landscaped areas, facilities and infrastructure, administration, and minor capital improvements as needed to keep the park facilities in safe and usable condition for the general public. Under Option A, the CPMF contribution toward the maintenance of the City's community park system would result in net savings to the General Fund, after utility billing costs, rebates and bad debts, of 880 000. The fee of $1.44 per month or $17.28 per year would appear on City utility bills produced after January 1, 2007. Under Option B, the net savings to the General Fund from enacting the CPMF would be $1, 686, 722 after utility billing costs, rebates and bad debts. The fee of $2.67 per month or $32.04 per year will appear on City utility bills produced after January], 2007. Under either scenario, the fee would be adjusted annually for inflation based on the Denver —Boulder -Greeley Consumer Price Index and as directed by City Council. The fee would reduce the need for General Fund support in the park system and provide a possible funding source for future maintenance of new parks. Transportation Maintenance Fee The establishment ofa TMF would support maintaining city streets, bike lanes, medians (excluding landscaping), and City maintained sidewalks. Maintenance includes such work as keepingpavement surfaces in good condition, performing seal coats as needed, repairing potholes and cracks, repaving and other work to keep our transportation system safe. The fee would be applied to all non-exempt properties within the city limits, including residential properties and non-residentialproperties. Thefee would be aflat dollar amountfor each residential dwelling unit, based on trip generation data for residential uses. A flat fee of $1.53 (Option A) or $1.01(Option B) per dwelling unit will be added to monthly utility bills. Non-residential properties would be assessed the fee based on various categories ofuse and the trip generation characteristics of those categories. Under Option A, the TMF contribution toward the maintenance of the City's street system would result in a net savings to the General Fund, after utility billing costs, rebates and bad debts, of $2,260,900. The fee of $1.53 per month or $18.36 per year per residential dwelling unit would appear on City utility billsproducedafterJanuary 1, 2007. Non-residentialfees would be calculated based on a formula which includes trip generation data by land use type and acreage. Under Option B, the net savings to the General Fund from enacting the TMF would be $1,449, 702, after utility billing costs, rebates and bad debts. The fee of $1.01 per month or $12.12 per year per residential dwelling unit would appear on City utility bills produced after January 1, 2007. Non- 443 November 7, 2006 residential fees would be calculated based on a formula which includes trip generation data by land use type and acreage. Under either scenario, the fee would be adjusted annually for inflation based on the Denver —Boulder -Greeley Consumer Price Index and as directed by City Council. The fee would reduce the need for General Fund support of the street system. This funding would be in addition to the voter approved Building on Basics Street Maintenance Sales and Use Tax and revenue from state gas taxes and street cut fees. The total cost of the street maintenance program in 2007 is projected to be over $9 million. Rebates A rebate program would be established to offset the impact of the new fees on low-income residents. Residents would have to meet qualifications previously established through the rebate program for sales tax on food as well as the new State immigration requirements. One rebate check would be issued per dwelling unit for both fees and the grocery tax rebate. The rebate would be up to 100% of the total fee paid. The rebate for both fees in 2007 would range from $35.64 to $41.16 per low- income household, depending on the alternative approved by Council. Rebates would be made to qualified residents in 2008 for fees paid in 2007. Exemptions Staffrecommends that the TMF exempt all property owned and occupied by government entities and public schools. Though both generate a significant number of trips per day, charging a fee to these entities would only serve to shift public money from one type of government to another and would diminish the public revenues available to them to carry out their public purposes. No new net increase in funds available for public services would be achieved. Council has asked staff to also provide data and an option to provide exemptions from the TMFfor places of worship and private schools (K-12). EXEMPTION COSTS Transportation Maintenance Fee Property Category Option A: Revenue Weighted to IMF Option B: Balanced Revenue Government $112,558 $74,369 Public Schools $190,557 $125,904 Sub -total $303,115 $200,273 Places of worship $82,981 $54,827 Private Schools $7,686 $5,078 Grand Total $393,782 $260,178 Staff recommends exempting government and public school properties for a total exemption of November 7, 2006 $303,115 for Option A or $200, 273 for Option B. Staffdoes not recommend providing an exemption for places of worship or private schools. In case Councilmembers wish to include exemptions for places of worship and private schools, alternative TMF ordinances for Option A and Option B have been included within the two TMF ordinances. Options A-1 and B-1 would provide exemptions for places of worship and private schools. Ifthese additional exemptions were approved by the Council, TMF annual revenues would be reduced by $90, 667 under Option A and by $59, 905 under Option B. "Places of worship" and "private schools" are defined in the Ordinance. " City Manager Atteberry stated the two fees would support two important services: street and parks maintenance. The adoption of the two fees was part of an overall strategy that had been developed over the past eight months with Council's input to address the anticipated 2007 budget shortfall of $5.8 million. The gap that was originally anticipated was $2.3 million and the remainder of the gap was the result of underperforming sales tax revenues estimated to be about $3.5 million in 2007. This gap would get larger as a result of some enhancements to fixed route and Dial -a -Ride services. The gap that would need to be filled was about $7.9 million. The three primary themes of the budget were to look at service efficiencies, to review with the Council levels of services and any reductions or elimination of services, and to look at additional new revenue. Staff was asking that Council consider on First Reading a transportation maintenance fee and a parks maintenance fee to generate new revenue. The new revenues were special service fees that would help defray the cost of two services provided by the City i.e., community park maintenance and street maintenance. This was a "predictable and stable revenue source" for those services. Revenue sources needed to be diverse, less dependent on sales and use tax, and predictable and reliable. The two fees would meet those criteria. One of the primary questions for the Council was which of the two options presented for each of the two different fees Council preferred. Option A was "weighted" to the TMF and Option B would mean a "balance" between the TMF and PMF. The second question was what exemptions the Council preferred: (1) governmental agencies, (2) public schools, (3) places of worship, or (4) private schools. There had been previous lengthy discussions about each of those options. Ann Tumquist, City Manager's Office, thanked the project team members for their work on this package. The discussion was based on the assumption that the 2007 budget would need $3.1 million in additional revenue to be balanced. On October 10, Council gave staff direction to prepare two options for implementing a transportation maintenance fee and a parks maintenance fee. Either of the two options would result in revenue of about $3.1 million. Option A would weight the revenue towards the transportation maintenance fee (the original option) and Option B was presented to Council at the October 10 work session and would have more of a balance between the two fees. The two packages were "paired" and Council would need to adopt both Ordinances from either Option A or Option B. A decision matrix had been created to facilitate the decision. She asked that Council first choose either Option A or Option B and then discuss the exemptions for the selected option. The transportation maintenance fee would apply to both residential and non-residential properties throughout the City. Residential fees would be a flat rate per dwelling unit and non- residential fees would be calculated based on a formula using trip generation data and the acreage of parcels that would have the assigned fee. nder either option the TMF would pay for a portion of the cost ofmaintaining the street system and the fees would be apportioned relative to the impact that 445 November 7, 2006 each different land use would have on the street system. The community park maintenance fee was similar but would apply only to residential properties. It would cover a portion of the cost of maintaining the City's community parks and would use a formula that allocated the cost equally to all dwelling units across the City. Under Option A fees were apportioned as follows: 54%residential and 46% non-residential. Under Option B fees were apportioned as follows: 70% residential and 30% non-residential. Under Option A the total for both fees for residential properties would be $2.97 per month and under Option A the total of the two fees would be $2.68 per month for residential properties. Non-residential rates would be determined by a calculation based on land use type and acreage. Different land uses would have different costs based on the traffic generated by the land use. Council asked staff to include rebates for low income residents in the proposal. The same system as the one used for the sales tax rebates would be used and people would only to have to apply once for their rebate. The rebates would be up to 100% of the residential TMF and PMF. Council also asked that some exemptions be included in the Ordinances. Staff was recommending exempting government properties and public schools from the transportation maintenance fee. She noted the park maintenance fee did not cover non-residential properties and there were therefore no exemptions. The rationale for exempting government properties, including public schools, was that staff believed that assessing those fees to those properties would be transferring tax dollars between different levels of government rather than increasing the resources available for the community's public services. The other exemptions discussed were places of worship and private schools. The range of cost for exempting places of worship would be $58,000 to $83,000 per year and $5,000 and $8,000 per year for exempting private schools. Staff was prepared to discuss the revenue implications of the exemptions. She asked Council to first look at Option A or B and then look at the exemptions. Jeff Wright, pastor of Heart of the Rockies Christian Church, stated staff was recommending that places of worship and private schools not be exempted from the transportation maintenance fee. The fee would place a burden on communities of faith, which had historically been exempted from taxes in the United States because they provide a broad range of services to their communities. He argued that the services provided would "far offset" the need to assess the transportation maintenance fee. The fee would greatly impact the budgets for places of worship. Faith communities administered a broad range of community projects, provided meeting space for non-profit and other community organizations, and provided a source of attractive open spaces. Each individual church "worked to help shape this community in positive ways." The private schools played an important role in the community and should not be put at a disadvantage by having to pay the fee. He asked the Council to vote to exempt places of worship and private schools from the TMF. Councilmember Ohlson stated before Second Reading, he would like more detail on why small retail places would pay almost as much as high traffic retail ($50 compared to $119) and so much more than commercial ($15). Mayor Hutchinson stated those amounts were "representative" and there would be a wide variation. Councilmember Ohlson stated he understood the fee would be tied to traffic generation. Councilmember Weitkunat stated she understood the TMF assessment would be based on type of Eno November 7, 2006 business, trip generation and size. Mark Jackson, Transportation Planning Manager, stated there were different types of retail and that retail as a category generated more trips than commercial. He stated "commercial" included everything that was not retail, industrial or institutional. The qualifier in the formula was based on acreage. Mayor Hutchinson asked about the range of fees for small retail stores compared to large retail. Tumquist stated Attachment 1 in the agenda item summary indicated that a small facility such as an Old Town restaurant would fall in the retail category and pay $118 per year in TMF. A Wal-Mart would fall under high traffic retail and would pay a much higher TMF because of trip generation and the larger site. These were examples of fees. City Manager Atteber y stated a large lot (five acre) church would pay about $78 per month ($940 per year) and a small lot church would pay about $7.84 per month ($94 per year). Tumquist stated the small lot churches were typically downtown. Mayor Hutchinson stated the following process would be followed: to decide whether to consider Option A or Option B, to make a motion to adopt an Ordinance, to consider amendments (exemptions) and to vote on the Ordinance as amended. Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to consider the Option B package to provide for equal transportation and parks maintenance fees. City Attorney Roy stated adoption of the motion would not result in adoption of the Ordinance. Mayor Hutchinson stated the motion was to identify the package to be discussed. Councilmember Ohlson stated he would not support the motion because he preferred Option A. Mayor Hutchinson stated this would determine the "path" rather than the merits of the path that was to be discussed. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein and Weitkunat. Nays: Councilmembers Manvel, Ohlson and Roy. THE MOTION CARRIED. Mayor Hutchinson stated the discussion would focus on Option B and the next motion should be to adopt the Ordinance so that the exemptions could be discussed. City Attorney Roy stated this would be a motion to adopt Option B of Ordinance No. 184, 2006 relating to the TMF with whatever exemptions the maker of the motion wanted to include. If the motion received a second and if there were amendments (exemptions or otherwise) those should be considered in order before a final vote was taken on the motion to adopt the Ordinance. Councilmember Kastein asked for staff s recommendation on making up the dollar amount if an exemption was included for places of worship and private schools. City Manager Atteberry stated staff had discussed this. Tumquist stated if Council adopted Option B the fees could be increased slightly to recover an additional amount of money without exceeding the program cost. This would 447 November 7, 2006 mean increasing the residential TMF by about 150 per dwelling unit to cover the cost of the additional exemptions. Staff would have to come back with the exact dollar amount on Second Reading. If Council adopted Option A any adjustments would have to be done in the parks maintenance fee rather than the transportation maintenance fee. Councilmember Manvel stated Council had received information in the "read before" packet showing that adding the additional exemptions would add 5¢ extra in TMF per month. Turnquist stated this would also increase the fees for the non-residential properties as well. Councilmember Kastein asked if the definitions for "place of worship" and "private school" correlated with State law. City Attorney Roy stated staff wrote the definitions and noted the State law would go further than he understood the Council wanted to go. Two provisions of Article X of the State Constitution created exemptions from taxes and the Council was not bound to those same exemptions. There was an exemption for governmental entities, which was similar to what was included in the fee Ordinance, and there was another exemption for property used for religious or charitable purposes. Under the City Ordinance the exemption for places of worship was not characterized as property used for religious purposes, which would be a broader definition. If Council wanted to broaden the definition the staff needed to clearly understand Council's intent i.e., whether to include church -sponsored schools as well as places of worship, other kinds of church - related or religious activities, etc. The definition in the Ordinance was limited to properties where the central purpose was the place of worship itself. Council needed to decide if that definition was broad enough. Councilmember Kastein stated the definitions in the Ordinance "seemed broad as they are." He asked what would distinguish a "place of worship" from an individual's house being used as a "place of worship" and what would distinguish a "private school" from an individual's house being used for home schooling. City Attorney Roy stated if someone was using a house as a temporary "place of worship" and the house was primarily used as a residence and occasionally used as a "place of worship" it would not qualify for the exemption. The same would be true of a house used as a home school. (**Secretary's Note: The Council took a recess at this point in the meeting.) Mayor Hutchinson stated the Council had decided by majority vote of the Council to consider and vote on Option B. He stated he would entertain a motion to adopt the Ordinance and noted the Council would not vote on the motion until it had considered any amendments. The motion to adopt the Ordinance could contain amendments relating to exemptions or any other amendments. Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to adopt OrdinanceNo. 184, 2006 (Option B) on First Reading to establish a Transportation Maintenance Fee with government exemptions. City Attorney Roy requested clarification on the motion. Councilmember Weitkunat stated her intent was to adopt Option B with government exemptions only. an November 7, 2006 Mayor Hutchinson asked that the Council proceed to considering amendments. Councilmember Brown asked for clarification on the process for considering amendments Mayor Hutchinson stated he would entertain amendments to change the exemptions and noted the motion on the floor was Option B with government exemptions. Councilmember Kastein made a motion, seconded by Councilmember Ohlson, to amend the main motion to include exemptions for places of worship and private schools (Option B-1) and to raise the additional money by adjusting the fees for institutions that were not exempt from TMF. The vote on the motion to amend the main motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein and Ohlson. Nays: Councilmembers Manvel, Roy and Weitkunat. THE MOTION CARRIED. Councilmember Ohlson asked for clarification that there would be discussion on the parks maintenance fee. City Attorney Roy replied the parks fee had not yet been put on the table for discussion. Mayor Hutchinson noted Option B was abalance between the community parks maintenance fee and the transportation maintenance fee. Councilmember Brown made a motion, seconded by Councilmember Kastein, to amend the main motion to direct the City Manager to present to the City Council on or before the last day of August preceding each budget term a report summarizing anticipated financial impact of discontinuing the fees imposed under this Ordinance and that within 30 days of receiving such report the City Council shall decide by majority vote whether the City Manager and City Attorney should prepare for Council's formal consideration an Ordinance repealing this Ordinance and terminating such fees. Councilmember Ohlson stated he did not understand the need for this because any Council could undo any fee at any time. It was an "unnecessary burden" to bring the matter back for a new discussion when in reality any Council could choose to do that through proper process. He would not support the motion. Councilmember Brown stated he made the motion because he believed there needed to be accountability to the voters. The fees were "supposed to fix a budget crisis" and the motion to amend should be adopted to "prove to the voters we are serious" that the fees were a "last resort." Future Councils should remember that "fees should not go on to the end of time." He questioned whether a City fee had ever been terminated. He wanted this to be looked at every two years to preserve accountability to the voters. Councilmember Roy stated there were no funding mechanisms for transportation and parks maintenance without these fees. He believed that Councilmember Brown's concern had already been addressed. Cu] November 7, 2006 Councilmember Weitkunat stated this fee would help "fix this budget" and would help "fix future budgets." Mechanisms needed to be in place to maintain streets and parks because of "dwindling" sales tax dollars. The City needed to diversify its methods of receiving dollars and that fees were a legitimate way to do that. Every Council had the option to eliminate fees and this was a good means of "checks and balances." The fee review would bring the matter of fees to the forefront. Councilmember Manvel stated a diversification of the City's income was a positive step because the City had been too dependent on sales tax. If the City had "extra money" the Council could decide what source of income should go away. The "financial crisis" had resulted in "better government." He hoped that any time fees were not necessary the Council would remove the fees. Councilmember Kastein supported the motion to amend. It was a "small thing" to ask for a report in a couple of years to allow the Council to determine if the fee should be continued. There were "lots of problems" with the fee because City residents would be the ones paying. A sales tax meant that everyone paid. It was legitimate to demand accountability for this new fee. Councilmember Brown stated the Resolution on the fee review process had nothing to do with "eliminating fees" and related more to a "heads up" about fee increases. This Council would change in April and he did not want to see "business as usual." If a fee was imposed, the Council's job should be to eliminate those fees when the City was able to do so. Mayor Hutchinson stated he agreed that there needed to be accountability and fee reviews. Resolution 2006-109 set a Council policy relating to fee reviews. He believed that accountability would be part of the budget process and that the Council could at any time change or eliminate fees. The vote on the motion to amend the main motion was as follows: Yeas: Councilmembers Brown and Kastein. Nays: Councilmembers Hutchinson, Manvel, Ohlson, Roy and Weitkunat. THE MOTION FAILED TO PASS. The vote on the main motion as amended was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel and Weitkunat. Nays: Councilmembers Ohlson and Roy. THE MOTION CARRIED. Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 185, 2006 (Option B) on First Reading to establish a community park maintenance fee. Councilmember Kastein stated he would likely not support the fee. It was important that everyone be on the "same page" about the budget as a whole. If that was not the case the budget as a whole needed to be evaluated. It was important that the Council unanimously support the imposition of the fees. He was not expecting the 5-2 vote on the last motion. 450 November 7, 2006 Councilmember Ohlson stated there were two readings and that the "point of record" would be on Second Reading. It had been unclear to him when there would be a discussion about the 60/40 split and he would have preferred that over the 70/30 split. There would be a balance between the TMF and the PMF but there would not be a balance between the residential and business fees. The discussion of the two options (A and B) was complicated with the exemptions. His preference would have been weighted toward the residential and away from the business and a 60/40 split. He understood the point that the Council should stay "united" on this. The likelihood of him voting yes on the Second Reading of the TMF was "high." Using a figure such as ' $1.06" did not "build trust in government" and that fees should be "rounded at least to a quarter." He asked that staff look at an "appropriate and legal way" to round the fees. Before Second Reading of the parks fee he would like to have information on a "parks fee" rather than a "community or neighborhood parks fee." He would vote in favor of the motion that was on the table. Councilmember Manvel stated there would be changes due to inflation yearly and after a year the figure would no longer be "round" if there was a 7.1 % increase. He agreed with the idea that there would be a "parks fee" instead of "community parks fee" if that was possible. The imposition of fees was difficult for all of the Councilmembers and it would be a "stretch" to have a unanimous decision. The Councilmembers may support a fee but not the particular choices made regarding options, exemptions or the "split." He noted there were many options and it would be difficult to get a majority vote on the "final product." Unanimity may not be possible on this issue. Councilmember Weitkunat stated there had been ongoing discussions about what the parks maintenance fee would address and it had been focused on community parks long ago. She expressed concern that this was being brought up again. There had been difficulties with the "details" even though there was support for the fee. There was no mechanism in place to generate revenue to cover parks maintenance even though it required "massive" amounts of revenue from the General Fund. A parks maintenance fee and transportation maintenance fee would provide a beginning to solve some of the revenue problems. There would be another opportunity to work on the problem at the time of discussion of assessing new parks coming on line. There were an "incredible" number of parks in the community that had an "incredible cost." Everyone in the community used the parks if only for "aesthetic reasons." It was important to move forward. She was not as concerned with a "disparity in the vote" because the reasons for voting against the fee were "very different than a lack of support." Mayor Hutchinson asked Councilmember Ohlson to clarify the information he would like to have before Second Reading. Councilmember Ohlson stated he would vote against this on First Reading and wanted some information that could help change his vote on Second Reading. He was not willing to vote yes because it was a "stretch" for him on some of the details and the 70/30 split for residential and business. He would like to call it a "parks fee" for "simplicity" and he did not think this would change anything about the fee. Mayor Hutchinson stated he thought that was a "legitimate question" to have answered before Second Reading. City Attorney Roy stated staff needed direction on whether to bring forward two options on Second Reading. 451 November 7, 2006 Mayor Hutchinson suggested that staffprovide a memo before Second Reading to clarify the issues. City Attorney Roy stated he would appreciate an opportunity to have formal direction from the Council on what should come forward on Second Reading. A change in the title of the fee would mean a rewriting of the Ordinance. He needed direction on whether to bring forward a "community parks fee" or a "parks fee" Ordinance or two options. Mayor Hutchinson stated the vote would determine whether there was a Second Reading on the community parks fee. City Attorney Roy stated the policy was that if two Councilmembers wanted an option to be prepared that staff was to bring forward that option. Even if the majority vote was in favor of a "community parks fee" on First Reading two Councilmembers could request that an option be brought back on Second Reading for a "parks fee." Two Councilmembers had expressed an interest in the second option. Councilmember Weitkunat asked staff to clarify the difference between community parks and neighborhood parks and why the Ordinance specifically referred to "community parks." Marty Heffernan, CLRS Director, stated staff s opinion was that using the general term "parks fee" would provide some benefit because the funding could then be used for any type ofparks maintenance. The focus was on "community parks" because it was easier to understand that the benefit of those parks was "widespread." There was a uniform distribution of neighborhood parks in the community i.e., about one per square mile. Both types of parks would benefit everyone in the community fairly uniformly. Mayor Hutchinson noted two Councilmembers were interested in the option of calling it a "parks fee." There was therefore sufficient Council interest to bring that back as an option for Council consideration on Second Reading. Councilmember Roy stated he appreciated Councilmember Kastein's concern about other Councilmembers' votes. It was important that Councilmembers be able to agree and disagree. There were fundamental issues with the TMF and the "last second add-ons" that were considered and it was "legitimate" to have concerns about those sorts ofissues. It was most important for Councilmembers to vote in accordance with their beliefs on the Ordinance on First Reading. Councilmember Kastein stated his understanding was that before Second Reading "a lot of things could happen" including decisions to "not support either of these fees." He may want to suggest something different depending on the election results on the library district. There were still some "big picture" issues that could change before Second Reading. He would expect "unanimity" on the fees on Second Reading and if that were not possible a "completely different route" needed to be found. Councilmember Manvel stated the "huge windfall" the City was expected to have if the library district passed would be "down the road." The City would have a financial problem next year with or without a library district. Mayor Hutchinson stated the Leadership Team had begun discussions on the approach to be taken if the library district passed. It would be at least three months after January 1 before those monies 452 November 7, 2006 would not be needed for library transition. The Council should take time to look very carefully at all possible options and that a work session had been tentatively scheduled for discussions. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson and Weitkunat. Nays: Councilmember Roy. THE MOTION CARRIED. Mayor Hutchinson pointed out the enactment of fees was a "truly last resort" to balance the City budget and before the fees were considered efficiencies were found to make City government more cost effective in providing the same services. It was not a "gleeful thing" to have to enact new fees. Adjournment Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to adjourn the meeting to November 14, 2006 at 6:00 p.m. to conduct the annual performance reviews for the City Manager, City Attorney and Municipal Judge. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. The meeting adjourned at 8:50 p.m. ATTEST: )tML)1� City Clerk 453