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HomeMy WebLinkAboutMINUTES-10/02/1990-Regular' October 2, 1990 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Proclamations and Presentations - 6:15 p.m. a. Proclamation Designating October as AIDS Awareness Month, was presented. b. Proclamation Designating October as International Training In Communication Month, was presented. C. Proclamation Designating October 7-13 as Fire Prevention Week, was presented. d. Proclamation Designating October 16 as World Food Day, was presented. e. Proclamation Naming September 30 - October 6 as 4-H Club Week, was presented. f. Presentation of Certificates of Appreciation to Members of the Census Counting Committee, were made. Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, October 2, 1990, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Staff Members Present: Burkett, Krajicek, Roy. Citizen Participation Mayor Kirkpatrick read a Proclamation designating October as Disability Awareness Month. Presentations of the Mayors Award were made by Arnie Anderson Vice - Chairman of the Commission on Disability. Jane Folsom, Chairperson of the Cultural Resources Board, presented the Council with a plaque received by the Cultural Resources Board from the Fort Collins Balloon Festival. She requested that the Council allocate additional funding for the community's cultural resources facilities. Bill Bertchy, 430 Peterson, expressed concerns regarding the increase of crime and speeding in his neighborhood, and expressed the need for more of a law enforcement presence in the area. He asked that the noise ordinance be strongly enforced. ' 288 October 2, 1990 Kevin Ponus, representing the ASCSU Task Force on the Noise Ordinance, voiced his concerns regarding the guidelines for noise violations and fines imposed on students found in violation. Tom Waugh, president of the S.A.E. House, spoke to restructuring of parties given by the Greek system. He stated that the noise ordinance was unreasonable and should be rewritten. Bruce Lockhart, 2500 E. Harmony Road, spoke in support of Amendment 1. Christian Brand, 1339 W. Mulberry, spoke in opposition to the noise ordinance. He stated that college students are being discriminated against and that fines are too high for the violation. Agenda Review: City Manager City Manager Burkett stated there were changes to item #18 in the Agenda. Bruce Lockhart, 2500 E. Harmony Road, requested that Item #8, Hearing and First Reading of Ordinance No. 107, 1990, Appropriating Unanticipated Revenue and Prior Year Reserves in the Police Pension Fund and Authorizing the Transfer of Appropriated Amounts to the General Fund, 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 #15, Pulled Consent Items. 7. Consider approval of the minutes of the ad.iourned meeting of August 16 and regular meeting of August 21. In 1989, Anheuser-Busch Corporation donated $55,000 to the City of Fort Collins to make improvements to the Northside Aztlan Community Center. The City received half of the donation last fall, and that amount was recently appropriated by Council. The other half was just recently received. The work to be done includes adding air circulation in the gymnasium, making locker room improvements, improving exterior wall 911 J Q a 10. October 2, 1990 moisture protection, improving the gymnasium floor, adding a divider Community Center. Police Department personnel hired before April 8, 1978 were covered by the City of Fort Collins Police Officer's Pension Plan (the "Old Hire" Plan) for their retirement benefits. In 1988 and 1989 the Pension Board and the Council took actions to amend this Plan to allow police officers to transfer to a money purchase plan sponsored by the ICMA Retirement Corporation. The City has purchased annuities for the remaining beneficiaries of the Old Hire Plan. The City has also received a letter from the IRS indicating that the amendment of the old plan meets its requirements to retain tax qualification. Since all liabilities of the Plan have been eliminated, the Police Officer's Pension Fund is no longer necessary and the funds therein will be transferred to the City's General Fund and accounted for in the undesignated fund balance. Adoption of the ordinance authorizes the Mayor to sign an intergovernmental agreement with other Colorado municipalities so that each jurisdiction can recover sales and use tax payments made erroneously to other municipalities. The agreement is an effort to eliminate a perceived burden on taxpayers and vendors. Two events have occurred this year that require changes to the Cit@.y s Industrial Pretreatment program requirements. First, the Environmental Protection Agency conducted a routine audit of the City s pretreatment program. The evaluation of the City s program was generally favorable to the City, although EPA has recommended that some clarifications to the pretreatment ordinance be made. In addition, changes to the federal Pretreatment Regulation went into effect on August 23. Several of those changes to the national requirements for pretreatment programs also require changes to the City Code. Generally, the changes resulting form the EPA',audit are minor. Changes required by the new EPA regulation are+more significant. Both the changes required by the audit and those required by the'new regulation are necessary for the City s industrial pretreatment program to remain in compliance with State and Federal law. The City is required to have an 290 11. 12. October 2, 1990 ' approved pretreatment program under the terms of its discharge permit for the wastewater treatment plants. At this time, it is expected that the changes can be implemented using existing resources for the pretreatment program. An evaluation will be conducted over the next several months to assure that necessary resources are available. At its May 29, 1990 worksession, Council discussed the advisability of retaining alternate positions on boards and commissions. Based upon the discussion at that worksession, many of the alternate positions on the boards and commissions were not filled during the annual appointment process. On July 3, 1990, Council adopted Resolution 90-100, which established a policy for the elimination of alternate positions on boards and commissions. That Resolution provides for the Council liaison assigned to each board or commission which currently has alternate positions to make a recommendation of changes in the composition of the board or commission to which he or she is assigned, in order to achieve the elimination of alternate positions. Mayor Kirkpatrick, as liaison to the Zoning Board of Appeals, is recommending that the 2 alternate positions on the Board be converted to regular positions at this time, changing the composition from 5 members plus 2 alternates to a total of 7 regular members. One of the alternate positions on the Board was left vacant during the annual appointment process. The other alternate member recently moved out of state, creating a vacancy in the second alternate position. The Colorado Campaign Reform Act (CRA),provides that cities may make contributions or contributions in -kind, to dispense fair and balanced information in campaigns involving,issues''.in which they have an official concern. This Resolution makes a -determination that the Proposed Charter Amendment concerning direct elect ion of the Mayor is a matter of official concern for the City of Fort Collins, and authorizes the expenditure of such staff time and resources as may be necessary to prepare and distribute a fair and balanced fact sheet concerning the measure, which has been placed on the ballot of a Special City Election to be held in conjunction with the General Election on November 6, 1990. 291 1 n I October 2, 1990 13. Resolution 90-137 Making an Appointment to the Human Relations Commission. A vacancy currently exists on the Human Relations Commission due to the resignation of Lucius Drake. Applications were solicited and Councilmembers Mabry and Kirkpatrick conducted interviews on September 17. The Council interview team is recommending Man Oberoi be appointed to fill the term to expire July 1, 1994. 14. Routine Deeds and Easements. a. Easement dedication from Everitt Enterprises Limited Partnership No. 1, a Colorado limited partnership, adjacent to Fire Station No. 10, needed as part of the Fire Station site purchase. Monetary consideration: $1. b. Powerline easement from Transamerica Title Insurance Company, a Corporation duly organized and existing under and by virtue of the laws of the State of California, 151 W. Mountain, needed to underground existing overhead electric services. Monetary consideration: $1,485 (330 sq. ft. @ $4.50/sq. ft.) ' Ordinance on Second Reading were read by title by Wanda Krajicek, City Clerk. Item V. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #8. Item #9. Tax. Item #10. I Code. 292 October 2, 1990 Item #11. Councilmember Mabry made a motion, seconded by Councilmember Azari, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Hearing and First Reading of Ordinance No. 107, 1990, Appropriating Unanticipated Revenue and Prior Year Reserves in the Police Pension Fund and Authorizing the Transfer of Appropriated Amounts to the General Fund, Adopted The following is staff s memorandum on this item: "FINANCIAL IMPACT As of June 30, 1990 there was approximately $1,300,000 remaining in the Police Pension Fund after the conversion from the defined benefit plan to the money purchase plan. Annuities fulfilling the City's pension obligation to all retired members of the Police Officer's Pension Plan have been purchased and the Internal Revenue Service has provided a letter of determination accepting the amendments to the old hire police pension plan. This ordinance will transfer the remaining Police Pension fund balance and increase the amount of the undesignated fund balance in the General Fund by approximately $1,300,000. EXECUTIVE SUMMARY Police Department personnel hired before April 8, 1978 were covered by the City of Fort Collins Police Officer's Pension Plan (the "Old Hire" Plan) for their retirement benefits. In 1988 and 1989 the Pension Board and the Council took actions to amend this Plan to allow police officers to transfer to a money purchase plan sponsored by the ICMA Retirement Corporation. The City has purchased annuities for the remaining beneficiaries of the Old Hire Plan. The City has also received a letter from the IRS indicating that the amendment of the old plan meets its requirements to retain tax qualification. Since all liabilities of the Plan have been eliminated, the Police Officer's Pension Fund is no longer necessary and the funds therein will be transferred to the City's General Fund and accounted for in the undesignated fund balance. BACKGROUND: This action completes several years',' of work officers from a defined benefit plan to a officers view the conversion as an improvement 293 to convert the old hire police money purchase plan. The police in their pension plan as it offers October 2, 1990 greater flexibility. Beneficiaries received a cost of living increase and the City will be able to use the remaining funds from the plan for other purposes. The amount of the transfer has been incorporated into the 1991 Budget as recommended to the Council. The $1.25 million has been included in the total for undesignated general fund balance. City staff also considered using the remaining monies in the pension fund for a number of other purposes. Other than the recommendation to place it in the undesignated account, the next highest priority was to place a portion in the medical benefits fund to start building that fund's level of reserves to a more appropriate level. The transfer of the funds to the undesignated reserve makes them available for the purposes identified in the 1991 Budget or other uses that Council may identify." Bruce Lockhart, 2500 E. Harmony Road, questioned where the $1.3 million dollars would be used. He asked Council to consider a tax reduction and stated he opposed the Ordinance. The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers ' Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Staff Reports City Manager Burkett reported �n the upcoming Clean Air Fair that will be held at the Foothills Fashion Mall, October 13 and 14. Councilmember Reports Councilmember Maxey reported on the American Public Works Administration Conference that he attended in St. Louis, Missouri. Hearing and First Reading of Ordinance No. 116, 1990, Amending Chapter 15, Article XV, Relating to Solid Waste Management and Resource Recovery and Establishing Licensing Procedures for Collecting, Transporting and Conveying.Solid Waste and Following is staff's memorandum on this item: "FINANCIAL IMPACT Staff proposes to spend $59,075 in 1991 for program administration, promotion, and education. This includes $29,075 in the 1991 budget proposal for the Natural 294 October 2, 1990 Resources Division and a $30,000 grant from the State of Colorado. A program budget is attached. EXECUTIVE SUMMARY In response to City Council direction, an ordinance and proposed promotion and education workplan have been prepared to implement a citywide curbside recycling program. The proposed ordinance requires solid waste collectors to collect recyclable materials from residential, multi -family, and commercial customers as a condition of licensing. The ordinance sets minimum operating standards and includes a phased -in implementation schedule. BACKGROUND: Council Direction On March 20, 1990, City Council adopted Resolution 90-35 directing staff to develop a citywide recycling program with the following elements: 1. Collection of recyclable items to be provided by each trash hauling company as a condition of its license to operate in Fort Collins. 2. Service to single-family, mu7ti-family, commercial and industrial customers on a voluntary subscription basis. 3. Necessary start-up costs to be funded by the City from the General Fund. Recycling Ordinance Summary The proposed Ordinance replaces Chapter 15 (Refuse Haulers) of the City Code. The requirements of the proposed ordinance are summarized below: Section 15-411. Definitions. Section 15-412. License required. Generally the same as current requirements. A provision is added to exempt certain entities from the license requirement: civic or charitable organizations; persons who haul their own solid waste or recyclable materials; property owners transporting materials left by tenants; and demolition, construction or landscape contractors. Section 15-413. Recycling requirements. A. Waste collectors must make recycling service available to customers who want the service. 295 1 ' October 2, 1990 B. Collection procedures for waste collectors: o Cannot dispose of recyclables collected in curbside recycling program by any other means than at a recycling facility. o Must make household containers available to customers (may be bins, bags or other type container at the haulers discretion). o Collectors will set their own rules on preparation of materials, collection method, and requirements for source separation. C. Frequency of collection: must provide at least monthly service to residential customers; as often as necessary to prevent overflowing of containers for multi -family and commercial customers. Section 15-414. Designation of recyclable materials. In order to respond to evolving market conditions, the City Manager, or his designee, will establish the minimum list of recyclable materials on an annual basis. Such decision will be based on criteria set by the ordinance and after consultation with the Natural Resources Advisory Board, representatives of the solid waste collectors, and Larimer County. At present staff anticipates the following recyclables will be designated for collection: (1) Residential and multi- family: aluminum, glass, newspaper, plastic, tin cans; (2) Commercial: aluminum, corrugated cardboard, glass and high- grade office paper. Section 15-415. Application for license. Current City requirements. Section 15-416. License requirements - fees. Current City requirements,($35.00 for first vehicle and $10.00 for additional vehicles).;,— Collectors will be required to provide proof of insurance".. Section 15-417. Term of license. ' Current City requirements (annual renewal). 296 October 2, 1990 Section 15-418. Records and reports. Solid waste collectors are required to submit a written description of their recycling program with their license application and whenever changes are made in the program. Solid waste collectors are also required to report biannually the amount of recyclable material collected and participation rates. This information is considered essential for program administration, education, and promotion. Section 15-419. Solid waste disposal/suspension of license. Current City requirements. Section 15-420. Identification of vehicles. Current City requirements. Section 15-421. Phasing. The collection of recyclable materials for residential customers shall commence on June 1, 1991; collection for multi -family customers on December 1, 1991; and collection for commercial customers on June 1, 1992. The June 1, 1991 implementation date ensures that the curbside recycling pr-gram is coordinated with the construction of the county' facility and allows the waste collectors sufficient time period to acquire new equipment and containers needed for the program. Program Implementation The Natural Resources Division will assume responsibility for program administration and enforcement and for implementing a comprehensive education and promotion program. A work program for these activities is attached to the Agenda Summary. Major Issues and Alternatives Considered Staff worked closely with the 'Natural Resources Advisory Board, individual solid waste collectors, the Chamber' of Commerce Environmental Committee, the Sierra Club and other interested parties in the development of the proposed ordinance and work program. The major issues and alternatives. considered are briefly summarized below: FOfl I October 2, 1990 Issue: NEED PROVISION OF LOCAL RECYCLING PROCESSING FACILITIES. Haulers identified this as their most critical concern. Resolution: An IPC will be constructed at the landfill and open for business in 1991. Issue: CONTAINER ALLOWANCE. Council left open the possibility that the City would support program start-up providing financial assistance for the purchase of household recycling containers. Diverse opinions were expressed on this issue. A majority of haulers preferred that the City not provide either containers or a container allowance. Others felt that the City should provide a container allowance either to the hauler or to participating citizens. The Natural Resources Advisory Board did not see the need to provide a container allowance. Resolution: Assuming a container allowance of $4.00 per household, this option would cost $140,000. Staff recommended against providing a container allowance and did not include funds for this allowance in the budget proposal. This recommendation was based on several factors: 1. The City Attorney advised against a rebate or zero -interest loan to the haulers because this action would risk violating Article V, Section 16 of the Charter which prohibits appropriations for private purposes. 2. Each hauler will have different container or bag program so it would be difficult to determine a "fair" allowance. 3. A rebate of $4.00 or even $10.00 paid to the citizen was not considered to be a meaningful incentive to participation. 4. Administration of a program of direct rebates to citizens would require an additional 1.0 to 1.5 FTE simply to process the rebate applications. Issue: PHASING PROGRAM. Because the recycling ordinance will require haulers to add new programs to their businesses, they expressed the need to gradually implement the ordinance. They wanted to start with residential households and add in other customers in the future. They also wanted to phase -in recyclable items for collection, preferring to start with the least risky materials (aluminum and glass) and add in others only when strong markets exist. Resolution: Implementation for the three customer classes (residential, multi- family, and commercial) will be phased over an eighteen month period, beginning with residential collection, followed by multi -family and commercial in six- month increments. With an IPC facility at the landfill, waste haulers will not have the responsibility of finding markets unless they choose:to. A11 they must do is collect the recyclable materials and transport them to'the IPC for processing. Issue: MINIMUM VS. MAXIMUM STANDARDS. Because the ordinance establishes a "free-market" recycling program, waste haulers urged that the program be very ' flexible to allow competitive forces to operate. At the same time, others urged 298 October 2, 1990 ' that the program be highly structured along the lines of successful programs in other communities. Resolution: Staff attempted to balance the need for consistency within the citywide program with the hauler's desire to structure programs to meet their particular business needs. Minimum standards were set to assure a level of program consistency: materials collected, provision of containers, and minimum monthly service. At the same time, the ordinance allows considerable flexibility with respect to collection frequency, type of container used, and source - separation requirements. Issue: MANDATE WOULD FALL UNEVENLY ON VARIOUS HAULERS. Smaller haulers expressed concern that their costs would be disproportionately high. Resolution: The waste haulers will not be prohibited from subcontracting with other companies to provide the recycling collection service. Staff is providing resource material upon request to help all collectors understand various recycling programs. Issue: COMMERCIAL COLLECTION REQUIREMENT. Several waste haulers expressed their concern that the requirement for commercial collection is unnecessary because industry trends will dictate the actions of the commercial sector. In their view, the commercial sector is ahead of residential in recycling and need not be included in the ordinance. Resolution: The ordinance includes commercial recycling requirements according to Council direction. The County estimates that 50 percent of the waste stream comes from the commercial sector of the community and therefore should be part of the citywide program. The ordinance will not interfere with existing recycling programs of the commercial sector. Issue: CITY MUST CONTINUE COMMITMENT TO PROMOTION AND EDUCATION. Resolution: Staff is committed to providing the community with a wide variety of waste reduction and recycling information. Staff is proposing an aggressive, comprehensive citywide promotion and education workplan. The City applied for and has been notified that a State Office of Energy Conservation grant request of $30,000 will be funded. Issue: INCENTIVES FOR PARTICIPATION. Several citizens, the County Commissioners, the Sierra Club, and the Natural Resources Advisory Board expressed concern that the subscription program provides disincentives for participating in recycling. They would like to see waste haulers do away with flat (no limit) rates for trash collection, and encourage households to recycle by charging higher rates for trash disposal and lower rates for recycling. Resolution: According to state statute, the City cannot regulate the rates ' charged by solid waste collectors. A partial resolution to this concern may be 299 1 October 2, 1990 achieved by modifying the rates charged at the landfill and the proposed Intermediate Processing Center. The County is evaluating alternatives to adjust rates to encourage recycling programs. Issue: WASTE OIL COLLECTION. The Natural Resources Advisory Board, Sierra Club, and others expressed strong sentiment that waste oil should be included among the materials required to be collected. The waste haulers strongly expressed the opposite sentiment. Resolution: The issue remains unresolved until the final list of recyclable materials is designated. The Environmental Protection Agency is considering the designation of waste oil as a hazardous material, which would place very strict regulatory requirements on collection, transport, and storage. Staff recommends that a final designation await the outcome of the EPA rulemaking process. Issue: INCREASED TRUCK TRAFFIC. Several commenters expressed concern that the program design will increase truck traffic over city streets and suggested that a single hauler should provide recycling service. Resolution: The single hauler option was not considered further since Council set the program direction to require each licensed waste collector to offer recycling services. The ordinance allows the flexibility to use a bag system to separate recyclable materials from wastes, while still using a single truck for collection. The County IPC will allow flexibility for this option to be used. Issue: SETTING COLLECTION FREQUENCY BY REGULATION. The Natural Resources Advisory Board recommended that the draft ordinance be modified to allow the City Manager to set requirements for residential collection frequency by regulation. The Board felt that the monthly requirement was adequate and would allow flexibility in the system, but believed that there should be flexibility to change the requirement easily if needed. Resolution: Although staff intends to monitor the program to determine if changes in the requirements are needed, the recommendation was not included in the proposed ordinance. Staff judged that any proposed modification in collection frequency could have significant effects on the program design, equipment needs, and costs of individual collectors. Based on this, it was felt that proposed changes, if needed in the future, should be considered by Council as amendments to the ordinance. Natural Resources Advisory Board Recommendation Staff worked closely with the Board on the*,proposed ordinance and program. At a special meeting on September 19, the Board recommended adoption of the ordinance and endorsed the staff work program and budget. � October 2, 1990 The Board recommended that the ordinance be modified to allow the City Manager the flexibility to increase the collection frequency for residential customers from monthly to biweekly or weekly through regulation. Staff did not adopt this recommendation, as previously noted. The Board also recommended that Council continue to work closely with the County on the design, fee structure, and operating guidelines for the IPC. Staff continues to work closely with the County staff. The Board also recommended that Council consider working with the County on a joint program to modify state law to reduce existing barriers and encourage incentives for recycling. The NRAB recommendations are included in the briefing materials for information." Natural Resources Administrator Tom Shoemaker, described the proposed Ordinance in detail. He outlined the standards and requirements and discussed the phased implementation schedule. He stated that the Natural Resources Advisory Board strongly urged Council to support the Ordinance. Councilmember Azari made a motion, seconded by Councilmember Winokur to adopt Ordinance No. 116, 1990 on First Reading. City Clerk Wanda Krajicek read the amendments to the Ordinance. The amendments were accepted as friendly amendments to the motion. City Attorney Roy responded to Councilmember Maxey's concerns regarding reporting dates stating dates could be adjusted to allow wastehaulers adequate time to complete reports. Shoemaker clarified for Council that Natural Resources, in a joint effort with the City Manager, will determine what will be recycled and collected. Mayor Kirkpatrick spoke of the need for incentives in the recycling program. Randy Garrison, Waste Management of Northern Colorado, stated he supported the Ordinance but that he did not agree with the commercial phase -in planned for 1992. Mike Douton, 3419 Colony Drive, Poudre Canyon Sierra Club Chairperson, supported the Ordinance and stated that the plan should be implemented as soon as possible. He spoke of the need for a container allowance for the customer to generate greater participation. Councilmember Edwards commended the trash haulers for their support and cooperation in drafting of the Ordinance and stated he supported the motion. 301 ' October 2, 1990 Mayor Kirkpatrick supported the motion. She said that within six months she would like to see a Resolution defining goals and an improvement plan. The vote on Councilmembers Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 90-141 Authorizing Purchase of the Meadow Springs Ranch for future Sludge Management Programs. Adopted "FINANCIAL IMPACT Adoption of the Resolution would result in the City proceeding with purchase of Meadow Springs Ranch, at an agreed upon purchase price of $1.950 million. Funds for this purchase were originally appropriated as part of a $2.50 million sludge disposal capital improvements package in the approved 1989 Wastewater Capital budget. EXECUTIVE SUMMARY Beginning in 1989, staff, with assistance and guidance from the Water Board, ' began a detailed in-house review of long range sludge management issues. That assessment led to completion of a report entitled Long Range Sludge Disposal Options. Copies of the report have been previously sent to Council. The report analyzed several potential sludge disposal options including land disposal (i.e., iandfilling), beneficial use (current method utilized), incineration, and privatization. The options were evaluated based on environmental, economic, and regulatory impacts. The regulatory analysis took into account new proposed federal sludge .regulations, which are scheduled to become effective October, 1991. The report recommends a gradual transition from the existing base of operations at the Resource Recovery Farm, to a new base at a remote rangeland site. The transition is anticipated to occur over a ten year period. At the site, sludge would be applied at a low rate in order to meet crop uptake requirements as a fertilizer for range land grasses. The enhanced growth of native grasses would be used to improve the soil and grazing conditions on the property. Barring unanticipated regulatory restrictions, the site would continue to operate as a cattle grazing operation. These recommendations were unanimously supported by the Water Board in August, 1989. Since that time, staff evaluated several potential sites before selecting Meadow Springs Grazing Association for further review. The ranch has several unique advantages for the proposed sludge management program including remoteness (25 miles north of Fort Collins in a rural ranching area), good access (adjacent. to I.H. 25, with direct access via two interchanges), rail access (Burlington Northern), a paved U.S. highway deeded back to private ownership, and adequate . site life (minimum 50-55 years under current proposed E.P.A. regulations). The October 2, 1990 ranch consists of 18,130 deeded acres, 7,550 acres of land leased from the State of Colorado, and a ranch headquarters. It is crossfenced into 17 different pastures, each with its own supply of water for grazing cattle. Staff has negotiated a purchase price of $1,950,000 (f107.55 per deeded acre), and purchased a 90 day option which expires on October 13, 1990. RBD Engineers of Fort Collins has been retained to complete an environmental audit. The consultant has been directed by staff to concentrate on the issue of potential water quality degradation on the site. The issue has been raised by the Northern Colorado Water Association, which provides drinking water to approximately 750 domestic customers, and Three Peaks Water, Inc., a private company which has expressed interest in bottling water for sale to the public. These companies own water rights and several wells on private land surrounded by Meadow Springs Ranch. The environmental audit has determined that a properly operated sludge management program on Meadow Springs Ranch should easily meet all current and proposed state and federal regulations, and pose no undue risk of water quality degradation. Copies of the environmental audit have been provided to the two water companies, and are available upon request. As an added precaution, staff has reviewed the site and proposed program with representatives of the Colorado Department of Health, and the U.S. Environmental Protection Agency. They have endorsed the concept, and agree that the above mentioned water quality concerns can be avoided by use of a properly designed and managed program. Letters outlining their positions on the proposal are attached. They have accepted an invitation to attend the Council meeting and address any specific regulatory questions Council may have. Should Council approve purchase of Meadow Springs Ranch, staff will initiate a Request for Proposals from qualified environmental engineering firms to perform the planning and engineering necessary to finalize the specific operating plan for the site. This secondary phase would also involve research studies such as test plots; soil, forage and groundwater analyses, etc, in order to establish base line conditions. At present, it is anticipated that only a portion of the available land would be fertilized with sludge each year. A map outlining the boundaries of the proposed purchase is attached. In addition, staff has prepared and attached a list of questions staff has encountered on this specific issue, as well as related general sludge management issues. Responses to these questions are included." Utilities Director Richard Shannon, gave a brief description of the sludge management program. Wastewater Treatment Manager Tom Gall ier, reported on the research that has been conducted and concluded the' sludge application program would not cause problems with degrading the rangeland, stating the program is environmentally safe. Gallier informed Council that the Grazing Association would not agree to extend the Option Agreement for the purchase of the landiand should the option lapse, negotiations would resume with the risk that the purchasing price would increase. ' 303 ' October 2, 1990 He outlined the sequence of events that would occur before the sludge would be applied. He said that it would be a least three years before the sludge relocation to the rangeland would be complete. Gallier stated that Larimer County has an excellent sludge management program and received an award for the best sludge management program within the EPA's six state operational area. John Whitman, President of the Fort Collins Soil Conservation District, spoke of his concern regarding contamination of wildlife and vegetation from the sewage sludge program. He opposed the Resolution. William Fischer, representative of the Northern Colorado Water Association, spoke in opposition to the Resolution. He expressed his concern that water wells located on the property would be contaminated from the sludge. David Lowsley, Special Consultant Northern Colorado Water Association stated that he opposed the Resolution. Dell Black, residing 20 miles North of Fort Collins, asked Council to investigate other alternatives for the sludge disposal. Alan Stormo, President Three Peaks Water Company, strongly opposed the Resolution stating that he believed the water will be contaminated which would ultimately ' result in closing his business. Bill Solomon, owner and operator of Triple S Laboratories residing at 6700 E. Larimer County Road 92, stated that the soil should be monitored rather than the water. He stated that other options should be sought. Councilmember Maxey made a mot'on, seconded by Councilmember Edwards, to adopt Resolution 90-141. Gallier stated that monitoring the soil should be the controlling point rather than the groundwater. He spoke of the options for incineration, a trenching concept and the potential at Rawhide. Bob Brobst, U.S. E.P.A. Region VIII Sludge Coordinator, said currently the federal government has guidelines relating only to distances of wells and depth to groundwater. He added that the closest application site to domestic wells is approximately 1/4 of a mile. Gordon McCurdy, hydrogeologist, described the aquifers located under the rangeland. Councilmember Azari said that although the program follows EPA guidelines, the guidelines are constantly changing and the'risk of contamination is too great. ' Councilmember Edwards expressed concern abdut the risks involved and suggested that other alternatives be further investigated. He opposed the Resolution. 304 October 2, 1990 1 Councilmember Horak spoke in support of the land purchase as an asset to the City but stated he would not support use of the land for a sludge management program until further research is completed. He supported the Resolution only in the purchase of the land. Councilmember Winokur stated he supported the Resolution. He stated that his support of the Resolution was not a vote to proceed with the sludge program and agreed more research needs to be done. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmembers Azari and Edwards. THE MOTION CARRIED. Resolution 90-142 Making Findings of Fact Regarding the Appeal of the Planning and Zoning Board's Approval of the Rohrbacker PUD, Preliminary Plan, and Upholding the Decision of the Board. Approved Following is staff's memorandum on this item: "EXECUTIVE SUMMARY On July 23, 1990 the Planning and Zoning Board approved the Rohrbacker PUD, Preliminary Plan on a 3-2 vote, with conditions. On August 6, 1990, an appeal of that final decision was made by Bill Wyatt as attorney for the appellants, Thomas and Charlene Bassett, Richard DeCook, Harold S. Fisher, Ron Bauer, John Jervis, David P. Janssen, Marion T. Allen, Jr., David G. Joyce, Hayden H. Standiferd, John R. Valerius, Glen Tucker, Ross Rinker and Vern W. West. On September 18, 1990, Council voted 4-1 to uphold the Planning and Zoning Board's approval of the Rohrbacker PUD Preliminary Plan. In order to complete the record regarding this appeal, Council should adopt a Resolution making findings of fact and finalizing its decision. BACKGROUND: The appellants filed the appeal on the following grounds: 1. The Board abused its discretion, i& t/iat its decision was arbitrary and without the support of competent"'evidence in"the record. 2. The Board substantially ignored its previously established rules of procedure. 305 I October 2, 1990 3. The Board considered evidence relevant to its findings which was substantially false or grossly misleading." Councilmember Mabry withdrew from the discussion due to a perceived conflict of interest. Councilmember Winokur withdrew from the discussion since he did not attend the meeting when the appeal was heard. Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt Resolution 90-142. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick and Maxey. Nays: Councilmember Horak. (Councilmembers Mabry and Winokur withdrawn) THE MOTION CARRIED. Resolution 90-143 Appointing Voting and Alternate Voting Delegates to the National League of Cities Adopted "EXECUTIVE SUMMARY Fort Collins is a direct member city of the INational League of Cities and, based on a population formula, is entitled to have one voting and one alternate voting delegate at the Annual Congress of Cities business meeting on December 5 in Houston, Texas. To be eligible to cast the City's vote, the delegates must be formally designated by the City. The Resolution appoints one voting delegate and one alternate voting delegate as the City's representatives." Councilmember Winokur made a motion, seconded by Councilmember Azari, to adopt Resolution 90-143 inserting Councilmember Maxey as the voting delegate and Councilmember Edwards as the alternate. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. City Manager Steve Burkett gave a brief summary and overview of all budget related items. Hearing and First Reading of Ordinance No.'111, 1990, 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 306 October 2, 1990 Following is staff's memorandum on this item: "FINANCIAL IMPACT The City-wide storm drainage operations and maintenance fee wi11 increase 5% from $1.18 to $1.24 per month for the typical single family residence. The increase in fee is needed to fund an expansion of activities in the area of stormwater quality. Storm Drainage basin monthly capital fees will increase from OY in three basins to 17Y in one basin, or a maximum of $0.29 per month. These fees are used to design and construct capital projects and to pay the debt service on the 1988 Stormwater Utility bond issue. EXECUTIVE SUMMARY The following table is a comparison of the monthly fees for 1990 and the proposed monthly fees for 1991 for the typical single family residence, which is a 6,000 square foot lot with 40Y impervious surface. 1990 1991 0&M $1.18 $1.24 BASIN MONTHLY CAPITAL: Foothills Basin $1.26 $1.45 Fox Meadows Basin 1.95 2.24 McClelland/Mail Creek Basin 2.50 2.50 Spring Creek Basin 1.14 1.33 Canal Importation Basin 1.89 2.17 Dry Creek Basin 1.03 1.19 West Vine Basin 1.22 1.40 Evergreen/Greenbriar Basin 2.50 2.50 Fossil Creek 2.50 2.50 There are two proposed 7Y increases to basin new development fees in 1991 in order to ensure that development is paying its fair share and to cover higher costs of right-of-way and capital project construction. The base rate for the Spring Creek Basin is proposed to increase from $1,505 per acre to $1,610 and McClelland/Mail Creek Basin from $3,021 per acre to $3,232. The following is the basin new development fee.per- acre for 1990 and 1991: Foothills Basin Fox Meadows Basin McC1e11and/Mail Creek Basin 307 1990 1991 $5,024 4,253 3,021 $5,024 4,253 3,232 11 ' October 2, 1990 Spring Creek Basin 1,505 1,610 Canal Importation Basin 5,375 5,375 Dry Creek Basin 4,043 4,043 West Vine Basin 7,004 7,004 Evergreen/Greenbriar Basin 10,000 10,000 Fossil Creek Basin 2,274 2,274 The Storm Drainage Board has reviewed the recommended 1991 Budget and the recommended fees and recommends adoption of both the budget and the fee structure." Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 111, 1990. Manager of Storm Drainage Utility Bob Smith, briefly highlighted some of the specifics of the Ordinance. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Hearing and First Reading of Ordinance No. 112, 1990, Amending Chapter 26 of the Code Relating to Rates for the Water and Wastewater Utility, Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT The proposed ordinance increases the overall water rates by 5.07Y and the overall wastewater rates by 9.48% for 1991. EXECUTIVE SUMMARY The recommended 1991 budget, as presented, includes a total overall rate increase of 5.07Y in monthly water fees. Approximately 2.0% of the overall increase is for financing the purchase of additional raw water which Council approved in December, 1988 and the other 3.07Y is for increased operation and maintenance costs. The overall rate increase results from a 6.OY increase in unmetered water fees, and a 4.0% increase in metered water fees. These increases are based upon the Utility's cost -of -service study for these categories of users. In January, 1990, unmetered water fees increased 11'.OY' The proposed increase in unmetered water fees wili raise the monthly :water bill for a typical single family customer by $1.32 (from $22.00 to $23.32J. 1 308 October 2, 1990 ' The recommended 1991 budget also includes an overall rate increase of 9.48Y in monthly wastewater fees. This overall rate increase results from an 8.6OY increase in flat rate wastewater fees, and an 11.6OY increase in wastewater fees based upon metered water use. These increases are based upon the Utility's cost - of -service study. The last adjustment to wastewater service fees was on January 1, 1990, when an overall increase of 6.0Y was adopted. The proposed increase in flat rate wastewater fees will raise the monthly wastewater bill for a typical single family customer by $1.O1 (from $11.77 to $12.78)." Water and Sewer Director Mike Smith, reviewed the increases in the proposed water and wastewater rates for 1991. He stated that 5% of the revenues received would continue to be placed in the General Fund. Councilmember Maxey questioned the fee structure. Smith stated that there would be a base rate for service as well as a fee for water used. Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 112, 1990 on First Reading. The vote on Councilmember Edward's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Hearing and First Reading of Ordinance No. 113, 1990, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year Beginning January 1, 1991, and Ending December 31, 1991, and Levying the Property Tax for Said Fiscal Year. Adopted as Amended Following is staff's memorandum on this item: "FINANCIAL IMPACT This Ordinance appropriates the total City Budget for 1991 in the amount of $2O5,O84,669. It also sets the City mill levy at 8.797 mills which will generate $5.4 million in prope,-ty tax revenues. Sales and use tax revenues are projected at a 4% growth and will generate a total of 526.9 million. EXECUTIVE SUMMARY This Ordinance appropriates the 190* Annual Budget and Sets the Mill Levy at 8.797 mills." 309 ' I October 2, 1990 Budget and Research Director Doug Smith, described the proposed Ordinance. Councilmember Maxey made a motion, seconded by Councilmember Mabry to adopt Ordinance No. 113, 1990, on First Reading. Councilmember Horak made a motion, seconded by Councilmember Azari, to amend Ordinance 113, 1990, increasing funding for the library to implement the first level of the library plan by adding $49,267 from Undesignated Reserves Fund and $49,826 from the $190,000 in the General Fund. Councilmember Mabry disagreed with allocating money from the Undesignated Reserve Fund due to the economic environment. He felt the money should come from the General Fund and did not support the amendment. Councilmember Edwards stated he would like to see an excess of reserves over expenditures and stated a one time amount of $49,267 is reasonable. He supported the amendment. Councilmember Maxey pointed out that in past years unknown expenditures have occurred and stated funds should be available in the Undesignated Reserve Fund for such occurrences. He opposed the amendment. ' Mayor Kirkpatrick responded to comments regarding the by stating the City is not a making Undesignated Reserve the funds Fund profit organization and are to be used to provide services to the City. She supported the amendment. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick and Winokur. Nays: Councilmembers Mabry and Maxey. THE MOTION CARRIED. Councilmember Azari made a motion, seconded by Councilmember Horak, to amend the budget to provide funding for the Transportation Development Plan with $154,000 to come from the Undesignated Reserve Fund with an on -going expense of $126,000 from the general fund. Bruce Lockhart, 2500 E. Harmony Road, opposed the amendment. City Manager Burkett stated the City will allocate money to increase the level of service and noted he anticipates working with the University to gain its support for increases in ridership that will generate revenues to support the increases in service. Councilmember Horak proposed that a reser4v policy be developed and stated he supported the amendment. 310 October 2, 1990 ' The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember Mabry. THE MOTION CARRIED. Councilmember Winokur made a motion, seconded by Councilmember Horak, to amend the Ordinance by transferring $500,000 to Natural Areas (wetlands and sensitive lands) from the beginning cash balance into the Capital Conservation Trust Fund. Councilmember Winokur stated the money set aside would target sensitive natural areas which may not be able to be protected solely by zoning and land use regulations. Tim Johnson, representing the Natural Resources Advisory Board, spoke in support of the amendment. Mayor Kirkpatrick said the $500,000 amount was too high. She opposed the amendment. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Horak and Winokur. Nays: Councilmembers Edward, Kirkpatrick, Mabry and Maxey. THE MOTION FAILED. Councilmember Horak made a motion, seconded by Councilmember Azari, to set aside $200,000 for Natural Areas (wetlands and sensitive lands) from the beginning cash balance into the Capital Conservation Trust Fund. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember Mabry. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Azari, amending the Ordinance transferring $200,000 from the beginning cash balance into the Fund for Historical Preservation. Rheba Massey, Chairperson of the Landmark Preservation Commission, 1400 Freedom Lane, urged Council to support the amendment. Bud Fricke, member of the .Landmark Preservation Commission, stated that it was important to preserve the;h'i'story of Fort Collins. He supported the motion. Prescott Hanly, 4524 Skyline Drive, spoke in support of the amendment. 311 I October 2, 1990 The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: Councilmembers Horak and Mabry. THE MOTION CARRIED. Councilmember Winokur requested further information on the replacement of the recreation registration computer system. ICS Director Marsiea Dahlgren, stated currently there is much manual work done due to inadequacies of the current system. Recreation Manager Jean Helburg, said that a new system would increase the efficiency in registration as well as generating various reports. Councilmember Winokur made a motion, seconded by Councilmember Azari, to fund the City Manager's recommendation to replace the recreation registration computer system. Dahlgren stated the Sperry Migration Project will save the City $70,000 per year that is currently spent on maintenance contracts. ' Director of Administrative Services Pete Dallow, spoke of the benefits in replacing the system. Councilmember Azari made a motion, seconded by Mayor Kirkpatrick, amending the Resolution to include the $200,000 conversion replacement for the Library/Election System for a total amendment of $350,000. Library Director Jane Davis, stated there is a need to upgrade the current computer system. Bruce Lockhart, 2500 E. Harmony Road, said it would be a matter of time before the VAX system would be overloaded there would be a need to replace it. He opposed the amendment. The vote on Councilmember Azari's amendment was as follows: Yeas: Councilmembers Azari and Winokur. Nays: Councilmembers Edwards, Horak, Kirkpatrick, Mabry and Maxey. THE MOTION FAILED. Councilmember Winokur noted that repl'atment of-: the recreation registration computer system would be a benefit to the`.citizens:and he supported his original amendment. 312 October 2, 1990 ' The vote on Councilmember Winokur's amendment was as follows: Yeas: Councilmembers Kirkpatrick and Winokur. Nays: Councilmember Azari, Edwards, Horak, Mabry and Maxey. THE MOTION FAILED. Councilmember Mabry made a motion, seconded by Councilmember Maxey, to increase revenue shortfall reserves from 6% to 10% of revenues. Councilmember Mabry stated that due to current economic conditions he did not believe 6% would be an adequate reserve. City Manager Burkett, clarified the City has a higher level of undesignated reserves than the national and statewide levels. Finance Director Alan Krcmarik, stated that the increase of reserves would only pertain to the General Fund. The vote on Councilmember Mabry's amendment was as follows: Councilmembers Mabry and Maxey. Nays: Councilmembers Azari, Edwards, Horak, Kirkpatrick and Winokur. THE MOTION FAILED. Councilmember Maxey made a motion, seconded by Councilmember Edwards, to increase the funding allocation to Activities Youth Center by an additional $20,000 for a total of $60,000. Jep Enk, representing the Activities Youth Center, spoke of the programs offered through the AYC and of the growth of the Center. He urged Council to support the amendment. Councilmember Azari stated she would not support the amendment, adding that there was not sufficient time to review the requested increase and that it was handled inappropriately. The vote on Councilmember Maxey's amendment was as follows: Yeas: Councilmembers Edwards, Kirkpatrick, Mabry and Winokur. Nays: Councilmembers Azari, Horak and Mabry. THE MOTION CARRIED. Councilmember Horak made a motion,,seconded by Councilmember Edwards, to delete the Chamber of Commerce dues of $2,000. Bruce Lockhart, 2500 E. Harmony Road', supported the amendment. Mike Hauser, Executive Vice President Fort Collins Chamber, explained the I Chambers focus and priorities. He encouraged the Council to continue its membership. 313 October 2, 1990 Councilmember Edwards stated that the taxpayers do not benefit from the City's membership with the Chamber. Mayor Kirkpatrick spoke in support of the Chamber membership and opposed the amendment. The vote on Councilmember Horak's amendment was as follows: Yeas: Councilmembers Edwards and Horak. Nays: Councilmembers Azari, Kirkpatrick, Mabry, Maxey and Winokur. THE MOTION FAILED. Mayor Kirkpatrick made a motion, seconded by Councilmember Maxey, to amend the Ordinance to add $75,000 for asphalt renovation in parking lots and trails. City Manager Steve Burkett stated that not enough money is being put into the maintenance budget for the upkeep of asphalt for trails and parking lots. Jean Helberg stated that the money in the Conservation Trust Fund is primarily used for the expansion of the current trail system. She stated the $75,000 was for street renovation in parks as well as trail maintenance. ' The vote on Mayor Kirkpatrick's amendment was as follows: Yeas: Councilmember Maxey. Nays: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry and Winokur. THE MOTION FAILED. Councilmember Mabry made a motion, seconded by Councilmember Horak, to delete the $50,000 from the 1990 budget, and $95,000 from the 1991 budget that was allocated for the Council Chamber remodel. Councilmember Winokur opposed the amendment and stated the expenditure was not for the benefit of Council but for the citizen's local government. City Manager Burkett informed Council the $50,000 from the 1990 budget has already been obligated for the sound system. Director of Administrative Service Pete Dail'ow state d,money had been shifted and reallocated because of the high priority in fixing the sound system. He stated the bid process is underway. Mayor Kirkpatrick said that she would support the $95,000 decrease in the 1991 budget, but stated she did not support the $50,000 decrease for 1990. ' The original motion was amended with the concurrence of the second to reflect that $95,000 allocated for the Chamber remodel project should be deleted from the 1991 budget. 314 October 2, 1990 The vote on Councilmember Mabry's motion as amended was as follows: Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry and Maxey. Nays: Councilmembers Azari and Winokur. THE MOTION CARRIED. Mayor Kirkpatrick made a motion, seconded by Councilmember Horak, to increase the appropriation for the Fort Collins/Loveland Airport by $45,O0O. Councilmember Maxey withdrew from the discussion due to a perceived conflict of interest. Mayor Kirkpatrick stated that the $45,0OO is in addition to the debt service obligations for the Airport. The vote on Mayor Kirkpatrick's amendment was as follows: Yeas: Councilmember Azari, Edwards, Kirkpatrick and Mabry. Nays: Councilmembers Winokur and Horak. (Councilmember Maxey withdrawn) THE MOTION CARRIED. Robert Thompson, 105 S. Whitcomb, representing New Bridges, extended an invitation to Councilmembers to visit New Bridges. Dr. Patricia Olson spoke in support of the Fort Collins Youth Commission proposal and outlined the difficulties youths face in securing employment regardless of their social and/or economic backgrounds. Beryl McGraw, 749 Sandpiper Place, supported Dr. Olson's proposal. Mayor Kirkpatrick expressed her support and pointed out that at this time she did not feel the concept was clear enough to provide specific funding in the budget cycle. Councilmember Horak spoke in support of the concept. The vote on Councilmember Maxey's original motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatri'ck, Mabry; Maxey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 90-138 Adopting the 1991 Budget for the City of Fort Collins and Fixing the Mill Levy, Consideration Postponed Following is staff's memorandum on this item: 315 1 October 2, 1990 "FINANCIAL IMPACT This Resolution adopts the total City Budget for 1991 in the amount of $205,084,669. It also sets the City mill levy at 8.797 mills which will generate $5.4 million. Sales and Use Tax revenues are projected to generate a total of $26.9 million. EXECUTIVE SUMMARY This Resolution adopts the 1991 Budget for the City of Fort Collins and sets the mill levy as follows: General Fund 0 & M..................................1.427 mills Parks'O & M......................................... .965 mills Poudre Fire Authority Contribution ..................4.984 mills Fire Pension Fund (Gen. Fund Unfunded Liab.)........ .139 mills (PFA Employer Contrib.)........... .175 mills Parks Debt Service..................................1.107 mills TOTAL 8.797 mills BACKGROUND: Changes from the 1991 Recommended Budget are as follows: Water Fund - $260.000 An additional $200,000 was added for the new, state mandated, metering program plus an additional $60,000 was added for a contractual Lab Tech. position and equipment." Councilmember Mabry made a Motion, seconded by Councilmember Azari, to postpone consideration of Resolution 90-138 until October 16. The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. Resolution 90-139 Adopting a Revenue Allocation Formula to Define the City's Contribution to the Poudre Fire Authority Budget for the Year 1991, Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT Adoption of this resolution will continue the -Revenue Allocation Formula (RAF) in existence since 1983. The RAF wi77'provide a contribution to the Poudre Fire ' Authority of $6,019,152 in 1991. In 1990, the contribution totalled $5,621,258. 316 October 2, 1990 EXECUTIVE SUMMARY In December 1981, the Council entered into an agreement with the Poudre Valley Fire Protection District, creating the Poudre Fire Authority. According to the Intergovernmental Agreement between the City of Fort Collins and the Poudre Valley Fire Protection District, the City will contribute funding For maintenance and operating costs, and equipment replacement needs to the Authority based on a "Revenue Allocation Formula". The Revenue Allocation Formula is to be set annually based upon a percentage of sales and use tax revenues (excluding dedicated sales and use tax revenues that must be spent on specific projects) and a portion of the operating mill levy of the City's property taxes. With the adoption of this resolution, the City will contribute to Poudre Fire Authority in 1991 a sum equal to .303 of one cent of the 2.25 cent Sales and Use tax applicable to all taxable sales and uses plus 5.159 mills of the existing operating property tax levy. The proposed contribution to Poudre Fire Authority of $6,019,152 will adequately meet the proposed 1991 expenditures as detailed in their Master Plan." Councilmember Maxey made a motion, seconded by Councilmember Winokur, to adopt Resolution 90-139. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Items Relating to the 1991 Downtown Development Authority Budget. "FINANCIAL IMPACT These items would set the Downtown Development Authority mill levy at 3.86 mills and adopt a DDA Budget of $213,992. In addition, payment of debt service of $1,228,900 from the tax increment fund would be authorized. Resolution 90-140 Approving the 1991 Downtown Development Authority Budget. The proposed•1991 DDA Budget of $213,992, approved by the DDA Board of Directors at its regular meeting of August 2, 1990, would maintain the present staffing level. No capital expenditures are anticipated. The Board has placed the budgeted year and excess in contingency." 317 October 2, 1990 B. Hearing and First Reading of Ordinance No. 114, 1990, Setting the Mill Levy for the Downtown Development Authority for 1991 and Appropriating the Annual Expenditures for 1991. This Ordinance sets the 1991 mill levy for the ODA at 3.86 and appropriates expenditures for 1991. C. Hearing and First Reading of Ordinance No. 115, 1990, Appropriating Revenue in the Downtown Development Authority Fund for Payment of Debt Service for the Year 1991. This Ordinance appropriates funds for the Payment of Downtown Development Authority debt service for 1991. BACKGROUND 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." ' Councilmember Azari made a motion, seconded by Councilmember Mabry, to adopt Resolution 90-140. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 114, 1990, on First Reading. The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 115, 1990, on First Reading. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. 1 318 October 2, 1990 Other Business Councilmember Mabry asked for a two page report dealing with the advisability and the pros and cons of having any multiple year master plan contain an analysis of the cost to implement the plan over a multiple year period of time. Additionally, he asked about the advisability of having such plans include a statement that when the plan is adopted, the City is committed to providing funding for the first year of implementation of the master plan. Mayor Kirkpatrick stated that Judd Harper from the Office of Vice -President for Research at CSU, has asked for individual Council support along with a letter of support for a proposed high altitude emission research and test center. Councilmember Horak made a motion, seconded by Councilmember Maxey, to send the suggested letter of support as proposed. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry and Maxey. Councilmember Winokur abstained. THE MOTION CARRIED. AdJournment Councilmember Azari made a motion, seconded by Councilmember Maxey, to adjourn the meeting until 6:15 p.m. on Tuesday, October 9, 1990, to consider adjourning into Executive Session to discuss legal matters. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. The meeting adjourned at 1:00 a.m. ATTEST: 110� n1k, 319 v J 11AA 6A,4� Mayor