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HomeMy WebLinkAboutMINUTES-10/16/1990-Regular' October 16, 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 14-20 as Radon Action Week, was presented. b. Proclamation Designating October 20-28 as Red Ribbon Week, was presented. c. , was presented. Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, October 16, 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 Dick Beardmore, 2212 Kiowa Court, spoke of radon awareness and his opposition to Amendment 4. Agenda Review City Manager Steve Burkett stated there was a one word change to Ordinance No. 121, 1990. Councilmember Horak requested that Item #16, Resolution 90-144 Approving the Acquisition of Additional Street Maintenance Services as a Change Order to the 1990 Street Maintenance Contract, be withdrawn from the Consent Calendar.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 itanc on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request a6:item on this calendar to be "pulled" off the .Consent Calendar and cons idered`4eparately:. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #18, Pulled Consent Items. 6. Consider approval of the minutes o ' and September 18. 321 7. ra 011 October 16, 1990 1 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 undesiynated fund balance. This Ordinance, which was unanimously adopted on First Reading on October 2, authorizes the transfer of these funds. This Ordinance, which was unanimously adopted on First Reading on October 2, 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 City'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,6 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 322 10. October 16, 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. This Ordinance, which was unanimously adopted on First Reading on October 2, amends the City's Code to comply with State and Federal law. 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. This Ordinance, which was unanimously adopted on First Reading on October 2, amends the Code to change the composition of the board from 5 members plus 2 alternates to 7 regular members. City. 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 ordinance, which was unanimously adopted as amended on First Reading on October 2, 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. Certain modifications have been made to the recycling ordinance based upon the comments of Councilmembers and others regarding the ordinance as presented to the Council on October 2, 1990. Staff has examined the 323 12. October 16, 1990 ordinance and found some instances where changes should be made to clarify issues or provide parallel construction. Enterprise, U.S.A.. Inc. The City is the owner of the SouthRidge Golf Course at 5750 South Lemay Avenue. In 1982, the City acquired this approximate 130 acre site which is intermingled with nearly 73 acres of housing and other developments. The Center Greens at SouthRidge Greens P.U.D. is a proposed 37 lot housing development located in a nearly quadrilateral shape on 12.01 acres between SouthRidge Greens Boulevard and Fairways #8, 9, and 10 at SouthRidge Golf Course. The housing project is owned by Midou Enterprises, U.S.A., Inc., of Hawaii, whose legal address is in Osaka, Japan, and who is represented by Mr. Bill Albrecht of the Albrecht Companies, Inc., of Fort Collins. In this exchange, the City would deed to Midou Enterprises two small parcels of land (Tracts C and E) totalling 0.544 acres and the City would receive four small parcels of land (Tracts A, B, D, and F) also totalling 0.544 acres. These land exchanges should equally benefit both parties. 13. Hearing and First Reading of Ordinance No. 118, 1990, Authorizing the 1 Purchasing Agent to Enter into an Agreement for the Lease -Purchase Financing of Vehicles and Eauipment. ' Purchasing researched the current interest rates with the results that the 7.3% offered by Safeco Credit Corporation is the lowest rate. The proposed Ordinance authorizes the lease -purchase financing of equipment and vehicles needed by the City. 14. The Colorado Department of Health appropriated $30,000 for use in the Fort Collins 1990-1991 Clean Air Colorado campaign. The money is available for the city's use between September 15, 1990 and June 30, 1991. The State has put two stipulations on use of the money: 1) none of the funds may be used to develop or purchase advertising; 2) some of the funds must be spent on measurable evaluation of 'the campaign. The Natural Resources Division, through which the Clean Air Colorado campaign operates, proposes spending $15,000 on salaries, $14,500 on development, production, and dissemination of educational materials and activities, and $500 on end -of -program evaluation. 15. Hearing and First Reading of Ordinance No. 120, 1990, Vacating Right -Of- ' 324 October 16, 1990 Way on a Portion of a Replat of Tract A. Golden Meadows Fifth Filing. On September 24, 1990, the Planning and Zoning Board approved the Replat of Lots 1 Through 22 of the Replat of Tract "A", Golden Meadows Fifth Filing. The final action needed is to vacate the street right-of-way dedicated by the previous plat (entitled "A Replat of Tract 'A', Golden Meadows Fifth Filing.") The streets dedicated on this plat were never constructed and the right-of-way for them is no longer needed. The streets proposed for vacation are: 1) Wheaton Circle; 2) Tropez Place; and 3) Chappelle Circle. 16. Resolution 90- This Resolution approves a change order to increase the amount of street repair in the 1990 Street Maintenance Program. 17. Routine Deeds and Easements. a. Powerline easement from W. W. Ferguson and Ellen Forester Ferguson, 1609 Remington, needed to set 6' x 12' pad mount transformer. Monetary consideration: $126 ($1.75/sq. ft.) b. Powerline easement from John H. Hanna, 1631 Remington, needed to set pad mount electric transformer. Monetary consideration: $63 (6'x 6' @ $1.75/sq.ft.) C. Poudre Trail Slope Easement for the Colorado State Highway 14 Underpass Project from Jack H. Williams and Edna P. Williams, located at the intersection of Lemay Avenue and Colorado State Highway 14, needed for the Poudre Trail approach to Lemay Avenue on the south side of Colorado State Highway 14. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #7. General Fund. Item #B. Item #9. 325 October 16, 1990 Item #10. Item #11. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #12. Item #13. Item #14. Item #15. 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. Resolution 90-144 Approving the Acquisition of Additional Street Maintenance Services as a Change Order to the 1990 Street Maintenance Contract, Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT L, Funds are available from savings and contingency in this year's project. The Resolution authorizes the Director of Purchasing and Risk Management to execute a change order which wi 11 increase the contract by $571,300 to expand maintenance , 326 ' October 16, 1990 efforts on the streets in the original scope of work and add new streets to the scope of work. EXECUTIVE SUMMARY This Resolution approves a change order to increase the amount of street repair in the 1990 Street Maintenance Program. During the actual construction, staff identified areas requiring maintenance efforts beyond the original scope of work to improve the overall quality of the project. This change order provides the funds for these additional maintenance efforts. The change order also provides for the rehabilitation of streets which were not included in the original project scope: the reconstruction of Horsetooth Road from Richmond to Dunbar and Shields Street from Troutman to Horsetooth; and sealcoat on the four miles of Anheuser-Busch perimeter roads. The bids for the 1990 Street Maintenance Program were below the Engineer's estimate because the contractors' prices were so competitive this year. These savings, coupled with the project contingency, will provide the funds to do the additional street work. ' The change order will add $571,300 to the contract with Western Mobile/Northern Construction Company, bringing the total contract cost to $3,201,039.35. The Capital Projects Procedures Manual requires that all change orders in excess of $50,000 be approved by City Council. The Purchasing Code requires that exceptions to the competitive bidding process in excess of $50,000 be approved by Council. I:1 ]N.7NtT�1ll�L� The Street Maintenance Program is an annual program which provides for surface treatment, overlay, and/or reconstruction of certain streets in the City of Fort Collins. The change order for this project represents several types of changes: Changes from the original scope of work and estimates. During the planning stages of the project, streets were designated for repair and a scope of work and estimates of the maintenance strategies required were prepared. These estimates were tabulated and bids solicited. Because of the difficulty in determining the exact scope of work and precise quantities, a contingency is maintained to cover any additional work or changes from the original scope of work. During the actual construction, staff identified field'situations which required I changes and additions to the work to improve the overall quality of the project. 327 October 16, 1990 The majority of these changes were in three areas: (1) excavating soft subgrade material encountered during construction and extending the limits of patches in areas which had continued to fail after the original patching quantity was measured; (2) replacing additional curb, gutter and crosspans to improve surface drainage; and (3) providing additional flagging and traffic control to keep streets partially open to traffic during construction, reducing disruption to residents and inconvenience to motorists. The result of this additional work was an improvement in the overall quality of the project and increased benefits to adjacent property owners in reducing future maintenance costs. The cost for these changes totals $432,300. Additional Streets Because there are so many streets in need of repair, it has been past practice to increase the amount of street work if savings from low bid prices provide the additional funds. This year, staff proposes to add Horsetooth Road from Richmond to Dunbar, Shields Street from Troutman to Horsetooth and the four miles of Anheuser-Busch perimeter roads. Horsetooth and Shields were selected because they have been a maintenance problem for a number of years and were scheduled for repairing in upcoming years. Because of the great number of vehicles using these streets, they deteriorated at a faster pace than expected. The Anheuser-Busch perimeter roads were selected because they were beginning to lose their ability to repel water and a sealcoat is an inexpensive way to correct this problem. The cost of this work is approximately $139,000. Because of the potential safety hazard, the work on Horsetooth Road has been completed. The sealcoats on the Anheuser-Busch perimeter roads were completed while the remainder of the sealcoat process was underway. Western Mobile/Northern feels it can complete Shields Street by the end of this year's construction season." Director of Engineering Gary Diede, gave a brief presentation on the purpose of the Resolution. He stated the maintenance project was larger than was orginally bid. Councilmember Maxey made a motion, seconded Councilmember Edwards, to adopt Resolution 90-144. City Attorney Steve Roy, clarified that appropriated funds were available before the work was completed. He said the purpose of the Resolution is not to appropriate funds but to authorize the change of the contract. Engineering Manager Marc Engemoen, reported street repair was on schedule and the contract date on the original streets was expected to be met. He added the ' 328 ' October 16, 1990 contractor has been very conscientious regarding motorist safety. Yolonda C. Nicely, 1625 Crestmore Place, stated there was a great deal of confusion with the road repairs relating to signage. Councilmember Horak said citizens are becoming annoyed and confused by the construction signs placed in neighborhoods were street work is to be done. He noted that several people have been ticketed and have had their vehicles towed away due to the inconsistency of the construction signs. The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Ordinance No. 121, 1990 Authorizing the Addition of an Office Space to the Lease with Continental Express at the Fort Collins -Loveland Municipal Airport Adopted on First Reading Adopted ' Following is staff's memorandum on this item: "FINANCIAL IMPACT Leasing additional office space brings the total square footage of exclusive use area leased to Continental Express Airlines to 1,208 sq. ft. The base rent received by the City will increase by $1,581 per year, with an additional $765 of revenue to offset operating and maintenance costs. Total increased revenue to the Airport is $2,346 per year. EXECUTIVE SUMMARY Continental Express Airlines has requested that the City provide an additional 204 sq. ft. of space to the Airline for use as an office for its Area Manager. The Area Manager is presently located in Pueblo, Colorado, and would like to move the Area office to the Fort Collins -Loveland Airport. The Airport has one office that has no prospective tenants at this time. At one time staff had entertained the possibility of soliciting proposals from travel agents or other concessionaires, or possibly moving the cities' Airport Manager's office to the terminal. Continental Express' request is an excellent opportunity for the Airport to maximize terminal lease revenues. BACKGROUND: The Airport Terminal is a 4,000 square foot facility, with approximately 2,000 square feet dedicated for Airline use. In addition, there is approximately 200 329 October 16, 1990 square feet for rental car companies, 225 square feet for vending concessions, 204 square feet of office space, and the remainder public use areas such as corridors, and restrooms. Proposals are being solicited for rental car companies and vending concessionaires to locate in the terminal building. No proposals have been solicited for the 204 square feet of office space. The request from Continental Express to locate its Area Manager's office in the terminal building presents an opportunity for the Airport to have the facility completely leased by the end of 1990." Councilmember Maxey withdrew from discussion and vote on this item due to a perceived conflict of interest. City Attorney Steve Roy noted a change in the 5th WHEREAS paragraph of the Ordinance, replacing the phrase "by resolution", and inserting "provided that Council first finds that the lease is in the best interest of the City". Assistant to the Director of Administrative Services Julia Novak, reported on Continental's interest in leasing the remaining office space at the Fort Collins/Loveland Airport terminal. Councilmember Winokur made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 121, 1990, with the changes added by City Attorney Roy. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry and Winokur. Nays: None. THE MOTION CARRIED. Resolution 90-145 Expressing Support for the Preparation of an Intergovernmental Agreement to Provide a Structure for Joint Management of the Fort Collins -Loveland Municipal Airport, Adopted Following is staff's memorandum on this item: "EXECUTIVE REPORT In August of 1990 the Leadership Teams of the two communities began meeting to discuss governance alternatives for the Fort Collins -Loveland Municipal Airport. Although the preferred short-term solution for governance of th'e'Airport was to have the City of Loveland become the managing partner, it was not an agreement that could be negotiated by the two cities at this time. As such, the group agreed to develop a two year agreement that would provide a structure for joint management of the Fort Collins -Loveland Municipal Airport. BACKGROUND: During the July 30 joint work session between the Fort Collins and Loveland City ' 330 I October 16, 1990 Councils, it was agreed that the Leadership Teams of the two communities should meet to discuss how to structure the governance of the Airport for the next several years. The group met three times during August and September to discuss potential alternatives for managing the Airport. Initially, the consensus of the group was to have the City of Loveland draft an agreement that would provide the terms and conditions under which Loveland would be the managing partner. The terms and conditions were not ones, however, that the group representing Fort Collins could recommend that Council adopt. As such, it was agreed that a two year agreement that would provide a mechanism for joint management of the Airport would be appropriate. The short two year term of the agreement would provide an opportunity for the two partners to rebuild the trust in one another, as well as provide sufficient time to evaluate and implement a longer term governance structure. A draft of the proposed intergovernmental agreement is attached for Councils' information. The purpose of the agreement is to clarify and replace the 1979 intergovernmental agreement relating to management of the Airport, as well as to provide a clear structure for the Airport Manager to function under. The concept was endorsed by the majority of the group representing the two cities, and the direction was to proceed with development of the agreement and to discuss the agreement along with the Airport Strategic plan at the joint worksession scheduled for October 30, 1990." ' Councilmember Maxey withdrew from discussion and vote on this item due perceived conflict of interest. to a Assistant to the Director of Administrative Services Julia Novak, urged Council to endorse the concept of an Intergovernmental Agreement to provide for the joint management of the Fort Collins/Loveland Airport for the next two years. She stated the new agreement would ;-eplece the 1979 agreement that the City has been operating under since May. Councilmember Mabry made a motion, seconded by Councilmember Edwards, to adopt Resolution 90-145. Ms. Novak gave a brief explanation of the changes in the Intergovernmental Agreement. Councilmember Azari commented on the reluctance from the City of Loveland to enter into the responsibility of da,':y management of the airport. Ms. Novak said that the agreement would be revisited after one year by the Leadership Teams and the Loveland and Fort Collins City Managers. The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, and',Winokur. Nays: None. THE MOTION CARRIED. 331 October 16, 1990 ' Resolution 90-146 Finding Substantial Compliance and Initiating Annexation Proceedings for the Galatia Annexation. Adopted Following is staff's memorandum on this item: "EXECUTIVE SUMMARY The applicant, Eldon Ward of Cityscape Urban Design, Inc., on behalf of the property owner, Galatia, a Colorado Partnership, George E. Pavlakis, Agent, has submitted a written petition requesting annexation of approximately 235.48 acres located east of I-25 and north of East Prospect Road. Adoption of this resolution will set a public hearing date and begin the annexation process. Information relative to the merits of the annexation petition and fiscal and public service impacts will be provided at the time of the public hearing. This action will not annex the subject property. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. BACKGROUND: The applicant, Eldon Ward of Cityscape Urban Design, Inc., on behalf of the property owner, Galatia, a Colc,•adc Partnership, George E. Pavlakis, Agent, has submitted a written petition requesting annexation of approximately 235.48 acres located east of I-25 and north of East Prospect Road. The City's "Annexation and Zoning Review" requirements are included in the Planning Department's Development Manual (a copy of the annexation section is attached). The property is divided by the current Fort Collins Urban Growth Area boundary (see attached map). Approximately 78 acres (the eastern portion of the property) is located outside the UGA boundary. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City can consider the annexation of property outside the UGA by giving the County notice (35 days) of the intent to annex the property. According to the UGA Agreement, annexation of property outside the UGA by the City of Fort Collins automatically amends the UGA boundary to conform to the boundaries of the annexation. Larimer County responded to the notice of the proposed annexation in a letter dated September 11, 1990 (copy attached). The County requested that all adjacent street right-of-ways be included in the annexation and commented generally that 332 I October 16, 1990 plans for the extension of urban services should be in place before annexations occur, particularly when an annexation will go beyond the UGA boundary. The County indicates the annexation of this property will not create any negative impacts on County facilities and services. In considering utility services, an existing 24" Boxelder Sanitation District sewer main crosses the property at its northwestern corner. An existing 12" ELCO Water District water main is located one-half mile to the north. The City's Water Master Plan anticipates that a 16" water main will be extended east of I-25 along Prospect Road.and then turn north dividing the subject property along the current UGA boundary. Thus, it appears that adequate utility services either currently exist or will be made available to this site in the near future by the City or by other utility service providers. Electric utility service to the site is currently available from Public Service Company and REA. If the property is annexed, electric utility service would be provided by the City. Cost of extending electric service will be paid by the developer except for facilities needed on an area -wide basis. This property is eligible for annexation according to state law. The property gains the required 116 contiguity to existing city limits from a common boundary with the Interstate Associates Annexation to the south and the Highway I-25 Second Annexation to the west. In addition, C.R.S. 31-12-105 (1)(a)(b) of state law regarding annexations indicates that land under single ownership (whether in one tract or more than one tract) cannot be divided for the purposes of annexation without the consent of the property owner. The property owner does not wish to divide the property for the purposes of annexation. Staff did discuss with the applicant the option of presenting the City with two separate annexation petitions, one for the area located inside the UGA and one for the portion of the property located outside the UGA; The property owner wishes to pursue annexation of the entire property at this time. The owner intends eventually to develop the property under a single unified planned unit development. The UGA Agreement also contains a provision prohibiting the County from accepting a development application for property which is eligible for voluntary annexation into the City. However, if the City rejects the annexation request, the owner's only option would be to seek authorization from the County to develop the property. August 7. 1990 City Council Meeting: On August 7, 1990, Council considered, but did not adopt, a Resolution which would have initiated annexation proceedings for this property. Council was concerned with the inclusion of an area outside the UGA boundary and the City's ability to provide services east of I-25. The applicant has resubmitted an annexation petition for Council consideration. There are no rules or regulations which prohibit an applicant from resubmitting an annexation request. The ' applicant has also submitted a letter (attached letter of September 6, 1990,) 333 October 16, 1990 1 containing information which, he believes, should assist the Council in the consideration of this Resolution initiating the annexation process. Planning and Zoning Board Recommendation: The Planning and Zoning Board conducted a public hearing on the request for annexation and zoning at its regular monthly meeting on September 24, 1990. Due to adjacent property owners' concerns with the requested zonings, specifically an I-P, Industrial Park, District request adjacent to a large -Jot residential subdivision, the Board delayed taking action on the request. The Board's recommendation will be forwarded to the City Council in time for the public hearing and first readings of the annexation and zoning ordinances. The item has been rescheduled for the October 22, 1990, Board meeting. Staff Recommendation: Staff recommends adoption of the Resolution to set a public hearing date and initiate the annexation process. Further information and analysis concerning service impacts and recommendations for zoning the property will be available for Council consideration at the time of the public hearing." Chief Planner Ken Waido presented a brief summary of the proposed Resolution. Councilmember Edwards made a motion, seconded by Councilmember Winokur, to adopt ' Resolution 90-146. Eldon Ward, Cityscape Urban Design representing Galatia, detailed reasons for proceeding with the annexation process. Sherry Nichols, 1601 Meadowaire, expressed numerous concerns regarding the annexation. Councilmember Winokur spoke of the Planning and Zoning Board's responsibilities to the Council. He outlined the steps involved in considering the annexation location. Councilmember Horak stated that the 500 foot rule should be a function of the size of the property, rather than a standard rule. City Attorney Steve Roy clarified that the 500 foot rule is commonly used for notice in annexation Proceedings, and the statutory requirement for annexation is notice by publication. He stated Council can determine whatever radius they feel appropriate. The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmembers Azari and Horak. 334 October 16, 1990 THE MOTION CARRIED. Joint Resolution of the Council of the City of Fort Collins and The Board of Education of the Poudre School District R-1 Concerning Issues Related to the Planning, Construction and Financing of New Schools Within the Fort Collins Urban Growth Area, Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT The City and the School District agree that the total cost to the taxpayers of providing new schools can be reduced through increased coordination in the development of new school sites and the related supporting urban facilities. When the various elements of this resolution are implemented, a financial plan will be in place to accommodate infrastructure needs related to new schools. EXECUTIVE SUMMARY The City and School District have been working on the coordination of school ' sites and urban facilities for several years, and this resolution establishes the framework and commitment for the two entities to resolve issues regarding the planning and construction of schools and other related topics. The Board of Education will be considering this resolution at its meeting on October 22, 1990. The various implementing measures listed in the resolution will be brought back to the appropriate elected body for approval and/or adoption." City Manager Burkett outlined issues related to the Resolution. Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt the joint Resolution with the Board of Education and the Poudre R-1 School District. City Manager, Burkett explained the definition of "on -site" as it relates to the Resolution, stating it would be further defined in the Intergovernmental Agreement. He noted the various difficulties in the determination of responsibilities relating to "on -site". Yolonda C. Nicely, 1625 Crestmore Place, expressed numerous concerns including the size, age and overcrowding of schools. 335 October 16, 1990 Darrell Knoblock, School Board Member, spoke in support of the Resolution. Councilmember Azari noted the importance of the City's schools. She stated she would like to see the City and the School Board work together toward joint decision making. Councilmember Winokur stated he would be voting for an affirmation for a positive working relationship with the School Board. 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. Resolution 90-148 Encouraging the Defeat of Proposed Amendment 1 at the General Election of November 6. 1990, Adopted at Amended Following is staff's memorandum on this item: "EXECUTIVE SUMMARY The November 6, 1990 General Election ballot includes an initiated amendment to the Colorado Constitution known as Amendment 1. This amendment proposes numerous changes that would affect local governments and their ability to provide services. Amendment 1 intends to "restrain most the growth of government" by limiting the authority of elected officials to levy taxes for the operation of the state and local units of government including counties, municipalities, and school districts. The estimated annual financial impact to the City of Fort Collins is $3,1O0,0OO in revenue or required reserves that would normally be used for municipal operations. By adopting this Resolution, the City Council would send a message to the community that Amendment I would reduce the City Council's ability to respond to the needs of the citizens of Fort Collins and that those citizens are encouraged to vote against Amendment I on November 6, 1990. BACKGROUND: In November of 1988 the voters of Colorado amendment to Colorado's Constitution known a 336 s 1 October 16, 1990 Amendment 1 establishes a maximum tax on property from the combined levy of all units of government to 69 mills. The levy is absolute and cannot be exceeded even through a vote of the people. Immediate Financial Consequences of Amendment 1 to the Citv 1. Property Tax Mill Levy Limit Property taxes levied by local governments would be limited to 69 mills in total, except for voter -approved debt. Presently, the mill levy for most Fort Collins' property is 77.4 mills. Of this amount, about 5 mills are for debt service (1.2 mills for the City and 3.7 mills for the Poudre R-I School District) and would be exempt from the limit. Since the total levy is already higher than 69 mills, it must be reduced by l0Y each year for 10 years to attain the ceiling. For the 1992 budget year, the City would have to reduce its mill levy by about 4 112% which equates to a decrease of approximately $240,000 in property tax revenue. Mill Levy Reduction: $240,000 annually 2. Personal Property Tax Credit Amendment I would eliminate most of the specific ownership tax as a source of ' revenue by granting each taxpayer an annual credit of $200 toward the payment of personal property taxes with businesses limited to one credit each. Based on estimates provided by the Office of State Planning and Budgeting and the Larimer County Assessor's Office, this could mean a further reduction in City property tax collections of $150,000 to $300,000 in the first year of effect. Colorado law refers to the specific ownership tax on vehicles as a personal property tax and, accordingly, the Amendment would abolish most of this revenue source. The amount of revenue that would be lost to the City from this source in 1991 is estimated to be $425,000. Personal Property Tax Credit: $575,000 to $725,000 annually 3. Required Set Aside for Emergencies Amendment I requires all governmental units to reserve for emergencies IY or more of its fiscal year spending at the start of the next fiscal year. This reserve shall increase to 2Y the following year and 3% all subsequent years. It shall be used only for declared emergencies. Although "declared emergencies" is not clearly defined in the Amendment, the conservative interpretation is that the 3% reserve would apply to all City funds. For the 1991.budget year, the reserve amount would be approximately $2.1 million. Each successive year an additional IY would be required until 3% of fiscal spending or $6.4 million is in the emergency reserve. To meet these requirements, either the City's existing reserves or other operating revenue would have to be diverted for this purpose. 337 October 16, 1990 Emergency Reserve Funding Requirements: Approximately $2.1 million per year until $6.4 million is built up over a three year period. Additional Election and Notice Costs Amendment I imposes various election requirements including that election notices containing extensive descriptions of ballot issues and arguments be mailed to all registered voters prior to election. A pro rata share of the Secretary of State's estimate for election and notice costs is approximately $150,000 for Fort Collins, The City Clerk estimates postage expenses for each election to be $26,417 and general costs at $28,000. This is based on current postage and printing rates, equipment and judges salaries, and city staff time on election day only. Thus the cost of additional elections required under the proposed amendment could range from $54,417 to $150,000. Additional Election Costs: $54,400 - $150,000 per year S. Loss of Highway User Tax Fee Revenues Although this issue is not clearly addressed by Amendment 1, the Colorado Municipal League believes that the additional 2 cent gasoline tax that is scheduled to take effect in Colorado on January 1, 1991 may not be implemented should the Amendment be approved. Since the tax would not be in effect prior to year end 1990, it is likely to need voter approval before implementation. Should this interpretation be correct, the City of Fort Collins would lose $100,000 to $150,000 annually in revenues allocated from the Highway User Tax Fee. Highway User Tax Fee Revenues: $100,000 - $150,000 per year Summary of Immediate Financial Consequences Mill Levy Reduction: $240,000 annually Personal Property Tax Credit: $575,000 - $725,000 annually Emergency Reserve Funding: $2,100,000 annually (for 3 years) Election Costs: $54,400 - $150,000 annually Highway User Tax Fee: $100,000 - $150,000 annually Total Annual Financial Impact: $3,069,400 - $3,365,000 Breakdown of Impact To General Fund 1991 1992 1993 Emergency Reserve $365,215 $730,000 $1,095,645 Mill Levy 240,000 240,000 240,000 Personal Prop. Tax 150,000 to 150,000 to 150,000 to ' 338 October 16, 1990 300,000 300,000 300,000 Election Costs 54,400 to 54,400 to 54,400 to 150,000 150,000 150,000 Total $809,615 to $1,174,400 to' $1,540,045 to $1,055,215 $1,420,000 $1,785,645 To Transportation Fund Personal Prop. Tax $425,000 $425,000 $425,000 Highway User Tax Fee 100,000 to 100,000 to 100,000 to 150,000 150,000 150,000 Total $525,000 to $525,000 to $525,000 to $575,000 $575,000 $575,000 A71 other funds will be impacted by a proportionate share of the reserve set aside for emergencies and the inability to raise fees without direct voter approval. Long Range Consequences Both Standard & Poor's and Moody's issued credit analyses when the TABOR amendment was proposed in 1988. The analyses noted that the interpretation of the amendment would require resolution by the courts. The rating agencies evaluate governments' revenue raising flexibility when considering the ability to service debt. Voter approval requirements as proposed in Amendment I seriously reduce governmental revenue raising ability. This is especially important to the City's utilities that depend on debt financing for capital improvements. In 1992, the City expects to issue about $20 million of sewer revenue bonds. The ability to support this debt is dependent on the ability to raise the annual charges consistently over the next five years. Without the ability to raise sewer charges as needed for debt service coverage, the bonds would be unmarketable as there could be no pledge of future revenue. In addition, the present uninsured rating on the sewer debt is A. Passage of Amendment I may cause a reduction in the rating to Baa. The difference in the rating would mean additional debt service of about $50,000 per year. Passage of Amendment I may also cause a downgrade in the City's best credit, the General Obligation Water Bonds. Projected demand for water debt is to occur in the mid-1990s. Moody's has noted that voter approval would weaken the credit worthiness of all Colorado issuers and result in a review of� ratings throughout the state. Summary ' Amendment 1 would substantially alter the way any local government manages 339 October 16, 1990 financial affairs. The Amendment also limits the authority of representative government to make decisions. The City would experience a significant loss in revenue and have almost no authority to raise more money except for minor adjustments for inflation and new construction. It is likely that the citizens of Fort Collins would have to live with reduced levels of service and the authority remaining for citizens to authorize new revenue would be very limited, even through a vote. By adopting Resolution 90-148, the City Council would encourage citizens to become informed about Amendment I and its potential impacts and to vote against Amendment 1 on November 6." Director of Administrative Services Pete Dallow, described the background and the possible consequences of Amendment 1. He summarized by stating that unless Amendment 1 is defeated, it would alter the way the City government manages financial affairs as well as limiting Council authority in decision making. Councilmember Mabry made a motion, seconded by Councilmember Azari, to adopt Resolution 90-148. Allen ,Wendt, CSU teacher, spoke in support of Amendment 1 and urged defeat of the Resolution. Jim Glennie, 1317 Lakewood, opposed the Resolution and supported Amendment 1. Jim Dye, 4518 Seaway Circle, stated Amendment 1 preserves a representative form of government and he supported it. He urged the Council to reject the Resolution. Yolonda C. Nicely, 1625 Crestmore Place, spoke in support of Amendment 1. Darrell Knoblock, PR-1 School Board Member, stated that if Amendment 1 were passed over a 10 year period available funding would be reduced by approximately 20%. He urged defeat of Amendment 1. Bruce Lockhart, 2500 E. Harmony Road, encouraged the defeat of the Resolution and urged support of Amendment 1. Mark Korb, PR-1 School Board Member, supported the adoption of Resolution 90- 148, and stated the City had a responsible body of government and was not in need of detailed intervention. Councilmember Azari made a motion, seconded by Councilmember Winokur, to amend Resolution 90-148 deleting the fourth, sixth and the eighth "WHEREAS" paragraphs. Yolonda C. Nicely, 1625 Crestmore Place, commended Councilmember Azari for her motion. 340 October 16, 1990 Bruce Lockhart, 2500 E. Harmony Road, stated he concurred with Councilmember Azari's amendment. Councilmember Edwards stated that he would not support the amendment. He added the language should be changed rather than stricken. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers, Azari, Horak, Mabry and Winokur. Nays: Councilmembers Edwards, Kirkpatrick and Maxey. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Horak, to amend Resolution 90-148 deleting Section 3 on the second page. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers, Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember Mabry. THE MOTION CARRIED. Councilmember Edwards indicated he would be supporting the Resolution and stated ' at the local level he felt the City has an accountable and responsible government. Mayor Kirkpatrick stated Amendment 1 would not be a benefit to the community. She commented that the topic of Amendment 1 will eventually be heard within the Court system and stated it was wrong to spend public money on court cases as opposed to providing real services. The vote on Councilmember Mabry's motion to adopt Resolution 90-148 as amended, was as follows: Yeas: Councilmembers, Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Budget Agenda Review: City Manager City Manager Burkett gave an overview of items on the Budget Consent Calendar. Councilmember Mabry requested Item #30, Resolution,90-150 Establishing and Revising 1991 Fees and Charges for SouthRidge, City Park Nine, and Collindale Golf Courses, be withdrawn from the Budget Consent Calendar. Bruce Lockhart, 2500 E. Harmony Road, requested Item #32, Resolution 90-152 Adopting 1991 Recreation Division Fees and Charges, be withdrawn from the Budget Consent Calendar. 1 341 October 16, 1990 ' Items Related to Proposed 1991 Budget Budget Consent Items Items 26-33 are being presented together in the Consent Calendar format. These items have been reviewed and discussed at Budget Worksessions and are being presented in this manner to expedite their adoption. As with the regular Consent Calendar, any item may be withdrawn -for discussion by any member of the Council, staff or public and will be considered after the balance of the Budget Consent is adopted. 26. 27. This Ordinance, which was unanimously adopted on First Reading on October 2, increases the City-wide storm drainage operations and maintenance fee 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 0% in three basins to 17% in one basin, or a maximum of $0.29 per month. These fees I are used to design and construct capital projects and to pay the debt service on the 1988 Stormwater Utility bond issue. The recommended 1991 bue+;et, as presented, includes a total overall rate increase of 5.07% 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 3.07% is for increased operation and maintenance costs. The overall rate increase results from a 6.0% 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. The recommended 1991 budget also includes an overall rate increase of 9.48% in monthly wastewater fees. ?:'pis overall rate increase results from an 8.60% increase in flat rate wastewater fees, and an 11.60% increase in wastewater fees based upon metered water use. These increases are based upon the Utility's cost -of -service study. This Ordinance, which was unanimously adopted on First Reading on October 2, adopts the new water and wastewater rates. 342 I October 16, 1990 28. Items Relating to the 1991 Downtown Development Authority Budget. On October 2, Council unanimously adopted Resolution 90-140 Approving the 1991 Downtown Development Authority Budget of $213,992. Second 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, which was unanimously adopted on First Reading on October 2, sets the 1991 mill levy for the DDA at 3.86 and appropriates expenditures for 1991. Second 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, which was unanimously adopted on First Reading on October 2, appropriates funds for the payment of Downtown Development Authority debt service for 1991. 29, Resolution 90-149 adopting the 1991 Fees and Charges Schedule for Grandview and Roselawn Cemeteries. This resolution will increase the majority of Cemetery Fees and Charges by 5%. Some will increase more, some will remain the same, and some will decrease. The recommended changes are consistent with the revenues projected in the 1991 recommended budget document. Cemetery fees and charges have not increased since January, 1988. 30. Resolution 90-150 Establishing and Revising 1991 Fees and Charges for SouthRidge. City Park Nine, and Collindale Golf Courses. In order to continue to satisfy cost recovery policies, an increase of $62,300 is needed in the Golf Fund (Collindale and City Park Nine) Operating Revenues for 1991 over revised 1990. The Golf Board and staff are recommending green fee increases of 25 cents for nine holes and 50 cents for 18-holes of golf; and increases in base rates for annual passes of $15 for adults, $12 for students/seniors/spouses, $5 for juniors and family children, and $37 for maximum family rates; and the establishment of a new "per play fee" of 50 cents for up to each 9-holes of golf annual pass play/per round, at Collindale and City Park Nine Golf Courses. All other fees and charges remain at existing 1990 rates. The City takes over the management, operation and maintenance of SouthRidge Golf Course no later than January 17, 1991. The City will be establishing ' the fees and charges at SouthRidge, and both the Golf Board and staff 343 31 32 33 October 16, 1990 recommend maintaining the 9-hole green. fee at $9 and increasing the 18- hole green fee 50 cents to $14.50; with no annual passes at SouthRidge as long as the taxpayer debt for course construction exists, or until a new golf fee policy is adopted. All other applicable fees and charges will be the same as Collindale and City Park Nine. Resolution 90-151 Adopting a Rate Schedule for the Use of Lincoln Center Facilities. Proposed rates for 1991 reflect an increase in some room rentals. New rates remain comparable with other facilities in the area. The 1991 revenue projections are based on these fee changes. Resolution 90-152 Adopting 1991 Recreation Division Fees and Charges. At its regular meeting on September 26, 1990, the Parks and Recreation Board voted 8-0 to support the 1991 Recreation Division Fees and Charges as submitted by staff. As a result of the adoption of the new Recreation Fee Policy by Council last month, fees and charges will remain at the 1990 levels for 1991. Resolution 90-153 Approving a Budget for the Poudre Fire Authority for the Year 1991. The City will provide $5,749,152 for Operations and Maintenance and $270,000 for Capital Equipment Replacement in 1991 based upon the Revenue Allocation Formula (RAF). For 1991, the RAF will be based on .303 of one cent of the City's Sales & Use Tax applicable to taxable sales and uses, and 5.159 mills of the operating mill levy of the City's property taxes to provide for maintenance and operation costs, including equipment replacement. The Intergovernmental Agreement between the City of Fort Collins and the Poudre Valley Fire Protection District specifies that the Poudre Fire Authority Board shall submit its proposed budget to the respective governing bodies, the City and the Poudre Fire Protection District. The budget becomes the Authority, budget only after approval of the appropriations by the respective governing bodies and final adoption by the Poudre Fire Authority Board of Directors. Adoption of the Resolution would approve the Poudre Fire Authority 1991 budget. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item N26. 344 iJ 1 October 16, 1990 Item #27. Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt and approve all items not removed from the Budget Consent Calendar. Councilmembers, Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 90-150 Establishing and Revising 1991 Fees and Charges for SouthRidge, City Park Nine, and Collindale Golf Courses, Adopted Following is the staff's memorandum on this item: "FINANCIAL IMPACT Staff projects that the revenue generated from 1991 fees and charges wi 11 produce $695,850 in Operating Revenues in the Golf Fund and $510,000 in Operating Revenues in the SouthRidge Fund as budgeted. ' EXECUTIVE SUMMARY In order to continue to satisfy cost recovery policies, an increase of $62,300 is needed in the Golf Fund (Collindale and City Park Nine) Operating Revenues for 1991 over revised 1990. The Golf Board and staff are recommending green fee increases of 25 cents for nine holes and 50 cents for 18-ho7es of golf; and increases in base rates for annual passes of $15 for adults, $12 for students/seniors/spouses, $5 for juniors and family children, and $37 for maximum family rates; and the establishment of a new "per play fee" of 50 cents for up to each 9-ho7es of golf annual pass play/per round, at Collindale and City Park Nine Golf Courses. All other fees and charges remain at existing 1990 rates. The City takes over the management, operation and maintenance of SouthRidge Golf Course no later than January 17, 1991. The City will be establishing the fees and charges at SouthRidge, and both the Golf Board and staff recommend maintaining the 9-hole green fee at $9 and increasing the 18-hole green fee 50 cents to $14.50; with no annual passes at SouthRidge as long as the taxpayer debt for course construction exists, or until a new golf fee policy is adopted. All other applicable fees and charges will be the same as Collindale and City Park Nine. BACKGROUND: In determining the 1991 golf fees and charges to be recommended to Council by the Golf Board and staff, staff went through a long process of research, input, ' review and compromise. The Golf Board appointed a Golf Fee Structure Committee 345 October 16, 1990 comprised of three Board members and three citizen/golfers (from 25 applicants). The Committee met for nearly four months gathering data, talking to golfers, and making judgments. At the Golf Board meeting of February 21, 1990, the Board voted unanimously (6:0) to accept the report of the Golf Fee Structure Committee. The basic recommendations of the Committee included retaining the current annual pass system and retaining discounted passes for senior citizens (or for periods when the majority of seniors play) which should never fall below 75 percent of the full adult annual pass rate; and that discounted passes should be retained for other existing special categories (juniors, students, family members) at approximately the present percentage discount rates. In addition, green fees and annual passes (base rates) could be increased by the cost of doing business. If additional funds are needed, the Committee recommended various priority options in increments of $20,000, up to $100,000. At the Golf Board meeting of March 21, 1990, the Board's consensus was to target $100,000 as an appropriate annual reserve in the Golf Fund. In addition, the Board's consensus was to add no new revenue sources (except to cover inflation increases) for the 1991 budget and to utilize reserves to cover desired capital expenses. Also, the consensus of the Board was to adopt a fee structure for 1991 as it currently exists with no changes at this time, but to consider the $20,000 increments should they be determined necessary later in the year. ' At the Golf Board meeting of May 16, 1990, the Board's direction was to approve the staff recommendations on the 1991 budget and capital projects and set aside $30,000 for a Collindale restroom and $20,000 for Phase I of the City Park Nine computerized irrigation system from prior year reserves. Funding for other desired capital improvements for 1992 and beyond should also come from excess (over $100,000) prior year reserves. The Operating Expenses for the Golf Fund are proposed at $646,519 for 1991, up 6.25 percent over 1990 revised Operating Expenses of $608,652. In addition, since 1988, the Golf Fund has been using nearly $43,000 of Golf Fund Reserves annually to achieve a projected balanced budget. It was agreed to end this practice and starting in 1991, to increase Operating Revenues by the approximate $43,000 annually to eliminate the "deficit spending" and maintain the desired level of $100,000 in Golf Fund reserves. In order to raise the additional $43,000 annually, the Golf Board and staff reached a compromise of creating a new "Annual Pass Per Play Fee" of 50 cents for up to each 9-holes of golf on all annual pass player rounds. This fee is over and above the .base rates for annual passes. The 50 cents per each 9-holes was a compromise from the $1 per play as originally recommended by staff. The 50 cents per each 9-holes provides more equity to 9-ho7e annual pass golfers, especially those who play almost exclusively at City Park Nine. This new fee will increase total costs paid by annual pass golfers, and those golfers who play more will pay more. However, average annual pass golfers will still pay ' 346 ' October 16, 1990 significantly less per round than green fee golfers, but they will pay a higher percentage than in past years. Therefore, to achieve the $695,850 in total Operating Revenues proposed for 1991, the Golf Board and staff recommend the following golf fees and charges for City Park Nine and Collindale: Increase Green Fees from $6.75 to $7.00 for 9-holes (up 3.7Y); and increase Green Fees from $11.50 to $12.00 for 18-holes (up 4.3%). Increase the base rates for Annual Passes as follows: Actual Proposed Percent 1990 1991 Increase Single Adults $330 $345 4.5% Students/Seniors/Spouses $248 $260 4.8Y Juniors $165 $170 3.0% Family Children $ 80 $ 85 6.2% Maximum Family $738 $775 5.0% The above increases maintains the existing structure of establishing the single adult rate as the foundation rate for annual passes, charging students/seniors and spouses approximately 75% of that rate, and juniors roughly 50Y of that rate. Annual pass rules and regulations remain the same. Establish a new "per play fee" on all annual pass player rounds of 50 cents for up to each 9-holes of annual pass play. Keep golf car rental rates at 1990 fees of $9 for 9-hole regular; $15 for 18-hole regular; $6 for 9-hole senior/discounted; and $10 for 18-hole senior/discounted. Usage of privately -owned golf cars will remain at $175 annually or $9 daily, plus a waiver agreement and proof of insurance. A71 other fees, including tournament fees of $2 per player for private and commercial events; Collindale locker fees of $25 per year and club service fees of $15 per year; and miscellaneous fees (clubhouse rental of $30, tables and chairs, etc.) will remain the same. Surcharge fees remain at 10% of all green fee and base annual pass rates. A17 of the above fees and charges are for the Golf Fund which includes Collindale and City Park Nine only. SouthRidge Fees and Charges The City takes over full management and operations of SouthRidge no later than January 17, 1991, when the existing management agreement with the Bucain ' Corporation terminates. In prior years, fees and charges were recommended by 347 October 16, 1990 Bucain to the Finance Director to achieve a balanced budget; and since 1988 to raise at least $100,000 in additional revenues (the SouthRidge Surcharge) to help offset the construction debt. There have been no annual passes nor other significant play discounts at SouthRidge since it opened in 1984. Green fees are the most fair and equitable way to raise .necessary revenues. In taking over the management of SouthRidge, a budget was developed which will cover all course expenditures and will raise all the required revenues. At least one full year of city management is necessary to determine if estimates are correct. The Golf Board and staff therefore recommend the following fees and charges for SouthRidge for 1991: Maintain the 9-hole green fee rate at $9, and increase the 18-hole green fee rate from $14 to $14.50 (up 3.5Y); with $1.50 of the 9-hole rate and $2.50 of the 18-ho7e rate attributed to the SouthRidge surcharge. A 10Y discount will be given for the full pre -payment of 10-p7ay punch cards. - Set golf car rental rates and the use of privately -owned golf cars the same as those at Collindale and City Park Nine, which only increases 9-ho7e regular rates by $1 from $8 to $9. The fees will be $9 for 9-hole regular, $15 for 18-hole regular, and for the first time establishing a 9-hole senior/discounted rate of $6 and an 18-hole senior/discounted rate of $10. The current $1 SouthRidge surcharge on 18-hole golf car rentals will be eliminated, and sales tax will not be paid for rentals because the tax was already paid when Bucain originally acquired the golf cars. No annual passes at SouthRidge as long as the taxpayer debt for course construction exists, or until a new golf fee policy is adopted. Establish a tournament fee of $2 per player for private and commercial events, the same as Collindale and City Park Nine. No locker or club storage offered. Golf Board Recommendations The Golf Board, at its meeting of September 19, 1990, voted unanimously (5-0) to recommend the above golf fees and charges for Collindale and City Park Nine, and voted unanimously (5-0) to recommend the above golf fees and charges for SouthRidge." Councilmember Edwards made a motion, seconded by Mayor Kirkpatrick, to adopt Resolution 90-150. Joseph Braskich, 1600 W. Stuart, representing the annual fee golfers, stated that the sizeable fee increase would affect a large number of golfers. He felt operating expenses did not justify the increase. ' 348 October 16, 1990 Assistant to the Director of Cultural, Library and Recreation Services Jerry Brown, stated the City's goal is to provide a balanced budget so that revenues meet expenditures. He pointed out annual pass cardholders pay significantly less than green fee players, and emphasized that the increased fees for Collindale and City Park Nine did not accommodate the debt for SouthRidge. Councilmember Winokur questioned why golf is being treated differently from other recreation programs. Jerry Brown stated the golf policy was set in late 1979 and has not been revised. The vote on Councilmember Edward's motion was as follows: Yeas: Councilmembers, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember Azari. THE MOTION CARRIED. Resolution 90-152 Adopting 1991 Recreation Division Fees and Charges. Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT Adoption of this resolution will result in a balanced Recreation Fund budget for 1991. EXECUTIVE SUMMARY At its regular meeting on September 26, 1990, the Parks and Recreation Board voted 8-0 to support the 1991 Recreation Division Fees and Charges as submitted by staff. As a result of the adoption of the new Recreation Fee Policy by Council last month, fees and charges will remain at the 1990 levels for 1991. CITY OF FORT COLLINS CULTURAL, LIBRARY, AND RECREATIONAL SERVICES RECREATION DIVISION FEES AND CHARGES Program 1989 190011991 (Same as 1989 un 1 ess otherwise noted) EDORA POOL.ICE CENTER AQUATICS 349 Swimming Fees Swimming lessons-- all pools Learn to Swim Water Fitness Other Activities Single Admission Under 2; over 85 2-17 Years 18-49 Years 50 Years and Older 30-Admission Passes 20-Admission Passes 10-Admission Passes 3./instr. hr. 2./instr. hr. Varies No Fee 1.25 2.00 1.50 75Y of Single Adm. 75Y of Single Adm. 759 of Single Adm. October 16, 1990 3.25/instr. hr. 2.50/instr. hr. 1.50 2.25 1.75 80Y of Single Adm. 85% of Single Adm. Program 1989 199011991 (Same as 1989 unless otherwise noted) Boat Rental-- Sheldon Lake Pool Rental All Pools-- 25 yd./25 meter Community Commercial 50 Meter (EPIC) Community Commercial Other Pool Areas Therapeutic Pool-- EPIC Drop -in Use Group Usage Exercise Room-- EPIC Ice Skating Fees Learn to Skate Patch and Freestyle Other Activities 1.50/ha7f hour 2.50/hour 6.50/7ane hour By Contract 9.00/1ane hour By Contract Varies See Single Admission By Contract See Single Admission Swim/Skate 6.00/instr. hr. Tots 7.50/instr. hr. Basic 1-6 8.50/instr. hr. Freestyle 4.00/hr. Varies 350 October 16, 1990 ' Single Admission Adult (18 and Older) 2.00 2.25 Youth (17 and Under) 1.25 1.50 50 Years and Older 1.50 1.75 Group Rates By Contract Skate Rental 1.00 30-Admission Passes 75% of Single Adm. 20-Admission Passes 75% of Single Adm. 801' of Single Adm. 10-Admission Passes 75% of Single Adm. 85% of Single Adm. Skate Sharpening From 2.75 Ice Rental Prime Time 83.00 hour 87.00/hour Non -Prime Time 73.00/hour 77.00/hour Late Night 63.00/hour 67.00/hour GENERAL RECREATION Arts and Crafts General Classes_- Adult Youth 2.00/instr. 1.35/instr. hr. hr. 2.10/instr. hr. 1.90/instr. hr. ' Pottery Classes-- Adult 3.00/instr. hr. 3.25/instr. hr. Youth 1.35/instr. hr. 2.00/instr. hr. Program 1989 199011991 (Same as 1989 un 1 es s otherwise noted) Pottery Lab 40.00 50.00 Dance Adult Classes 2.50/instr. hr. Youth Classes 2.50/instr. hr. Fitness Adult Classes 1.50/instr. hr. Youth Classes 1.50/instr. hr. ' 351 Special Interest Classes, workshops Varies Youth After -School Activities 2.50/instr. hr. Playgrounds/Tot Lots Varies General Classes --- Movement --- Specialty Classes --- Special Events --- Funtime 2.00/instr. hr. Gymnastics 3.00/instr. hr. Farm Group Tours .50/person Day Camp 80.00 Peewee Farmers 3.00/instr. hr. Tiny Farmers 3.50/instr. hr. After -School Farmers 3.00/instr. hr. Pony Riding Lessons 5.00/instr. hr. General Classes and Workshops Varies SPECIAL GROUPS Developmentally Disabled Classes, Trips, Special Events Varies Northside Recreation Gym and Weight Room Drop -in Single Admission (18 & older) 1.25 30-Admission Passes 75% of Single Adm. General Activities Varies October 16, 1990 ' 3.50/instr. hr. 2.50/instr. hr. 5.00/instr. hr. 2.50/instr. hr. 2.05/instr. hr. (same as 1989 unless otherwise noted) Gym Rental-- Community Rate From 15.00/court hour -- Commercial Rate From 35.00/court hour 352 Older Adults General Activities SPORTS AND TENNIS Youth Sports Basketball, Softball Football Workshops and Clinics Adult Sports Sponsor Fee Basketball League Flag Football League Softball League Volleyball League Player Fee (in addition to sponsor fee/sport) Volleyball Classes Team Forfeit Fee Ballfield/Soccer Field Rental Tennis and Raccuet Sports Group Lessons-- Youth Adult Private/Semi-Private Lessons Half Hour Private Hour Private Half -Hour Semi -Private Hour Semi -Private Tennis Clinic Tennis Court Rental Reservation System/Moore Park Tennis Platform Tennis Handball/Racquetball Varies 24.00 28.00 Varies 200.00/team 210.00/team 365.00/team 105.00/team 1.00/scheduled game 30.00 25.00 Varies 3.00/instr. hr. 4.00/instr. hr. 28.00 56.00 20.00 40.00 Varies Varies 2.2511.5 hr. 1.00/hr. 1.50/hr. 353 October 16, 1990 25.00 30.00 110/team 3.15/instr. hr. 4.20/instr. hr. same as 1989 unless otherwise noted) October 16, 1990 11 MISCELLANEOUS REVENUE Picnic Shelters 20.00/use Concessions By Contract Rentals Rooms-- Community Rate From 17.0012 hr. From 12.00/hr. -- Commercial Rate From 30.0012 hr. From 30.00/hr. Portable Bleachers 40.00/use Barbecue Grill From 20.00/day Snowmobile Basic Unit-- Set-up, Tear - down, No Staging 125.00/day Basic Unit Plus Staging 113 (One Row Staging) 200.00/day 213 (Two Rows Staging) 285.00/day Transportation of Unit Local (flat rate) 50.00 Out of Town 50.00 + 2.50/mile Fee Reductions for Designated Programs Older Adults 113 off advertised fee Low Income 213 off advertised fee Developmentally Disabled 112 off advertised fee Facility Charges to Affiliated User Groups Rental Varies" Councilmember Horak made a motion, seconded by Councilmember Mabry, to adopt Resolution 90-152. Bruce Lockhart, 2500 E. Harmony Road, objected to the City's current Recreation Fee Policy. 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. Budget Items Needing Individual Consideration Resolution 90-138 Adopting the 1991 Budget for the City of Fort Collins and Fixing the Mill Levy. Adopted as Amended Following is staff's memorandum on this item: 354 ' J October 16, 1990 "FINANCIAL IMPACT This Resolution adopts the total City Budget for 1991 in the amount of $206,463,762. 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 mi11s Parks 0 & M......................................... .965 mills Poudre Fire Authority Contribution ..................4.984 mills Fire Pension Fund (Gen. Fund Unfunded Liab.)........ .139 mills (PFA Employer Contrib.)........... .175 mi11s Parks Debt Service..................................1.107 mills TOTAL 8.797 mills BACKGROUND: ' Changes from the 1991 Recommended Budget are as follows: General Fund - $749,093 General Fund appropriations were increased by $844,093 and decreased by $95,000 resulting in a net increase of $749,093. The following additions were made: 0 $99,093 for the library, in agreement with the Library master plan. 0 $280,000 for transfer to the Transit Services Fund for a one-year pilot program to phase in Step 1 of priority I of the 1991-1995 Transportation Development Program. 0 $200,000 for transfer to the Conservation Trust fund for the purchase of Natural Areas. 0 $200,000 for transfer to the Capital Projects Fund to be used for Historic Preservation. 0 $45,000 for transfer to the Capital Projects Fund for maintenance at the Fort Collins -Loveland Airport; and 0 $20,000 to increase the AYC contract from $40,000 to $60,000 ' In addition, transfers to Capital Projects were reduced by $95,000 with the 355 October 16, 1990 elimination of the proposed project to make alterations to the Council Chambers and CIC room. 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. Conservation Trust Fund - $200,000 Increased by $200,000, as directed by City Council on October 2, 1990, for Natural Areas. Transit Services Fund - $280,000 Appropriations were increased by $280,000. Council directed that $280,000 be appropriated as a one year pilot program phasing in Step 1 of Priority I in the 1991-1995 Transportation Development Program. The General Fund subsidy to the Transit Services Fund was also increased by $280,000. Coital Proiects Fund - General City Capital - $150,000 Appropriations were increased by $150,000. Council directed that $200,000 be appropriated for Historic Preservation for the purpose of identifying, prioritizing, and preserving important historic structures in the City. An additional $45,000 was appropriated for maintenance at the Fort Collins - Loveland Airport. Accordingly, General Fund transfers to the Capital Projects Fund have been increased by $245,000 as the funding source for the two projects. Council also called for a $95,000 reduction in appropriations for alterations to Council Chambers and the CIC Room, proposed as part of the Recommended 1991 Major Building Maintenance Program. The reduction reduces transfers to General City Capital Projects from the General Fund Building and Improvements Reserve by $95,000." City Attorney Steve Roy stated by adopting Resolution 90-138, Council would be adopting the 1991 Budget and fixing the Mill Levy. He added that during the year the City Manager is able to move money from one budget category to another within a fund. Fund amounts adopted are fixed with the exception of changes that Council may make by Ordinance. Mayor Kirkpatrick tabled discussion on Resolution 90-138 until Ordinance No. 113, 1990, had been passed. 356 1 October 16, 1990 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, Following is staff's memorandum on this item: "EXECUTIVE SUMMARY This Ordinance, which was unanimously adopted as amended on First Reading on October 2, appropriates the 1991 Annual Budget in the amount of $206,463,762 and sets the mill levy at 8.797 mills." Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 113, 1990 on Second Reading. Bruce Lockhart, 2500 E. Harmony Road recommended using money that is in Undesignated Reserves to reduce the mill levy. ' Councilmember Azari made a motion, seconded by Councilmember Winokur, to contribute $18,000 for the 1991 start up cost of New Bridges. Councilmember Azari stated a one time contribution of $18,000 would give New Bridges an opportunity to establish itself for funding in future fiscal year cycles. She pointed out it would provide for the safety and quality of life in Old Town by keeping the transient and homeless population confined to one area. Deputy City Manager Diane Jones stated if Council wanted to make a one-time contribution it would not be necessary to have a contract. Robert Thompson, Administrative Consultant to New Bridges described services the contribution would provide and urged Council to support the amendment. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers, Azari, Horak and Winokur. Nays: Councilmembers, Edwards, Kirkpatrick, Mabry and Maxey: THE MOTION FAILED. Councilmember Horak made a motion, seconded by Councilmember Maxey, to increase the Designated Reserve for revenue shortfall by 3% of the General Fund. Councilmember Horak clarified for Council the increase amount would be $1,165,618.90. 357 October 16, 1990 .1 City Manager Steve Burkett stated that adopted policies reqire that reserves designated for revenue shortfall for money held in the General Contingency Reserve will not be less than 6% of the approved General Fund budget. Bruce Lockhart, 2500 E. Harmony Road stated that by placing the funds in revenue shortfall will not protect it and said the money should be used to reduce the mill levy. Councilmember Azari made a motion, seconded by Councilmember Winokur, to purchase the Library/Election and Recreation System for $370,000 to be paid for with equipment reserve funds, then reimbursing the fund by departments. Councilmember Azari stated because the funds can be paid back to the Equipment Reserve fund over the lifetime of the equipment, and if the equipment were to breakdown within the year, the issue would be back before Council for approval, this is a time saving measure. Director of Administrative Services Pete Dallow stated a replacement fund would be set up to replenish the reserve. He stated there is approximately $1.3 million in the reserve for equipment replacement, and responded to questions from Council regarding the pros and cons of a lease/purchase plan. Councilmember Winokur stated he would support the motion if it were a real choice but he would not support a lease/purchase plan. The vote on Councilmember Azari's motion was as follows: Councilmembers, Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Edwards, to table the motion on Ordinance No. 113, 1990, until consideration of item #35 - "Resolution 90-138 Adopting the 1991 Budget for the City of Fort Collins and Fixing the Mi1J Levy". The vote on Councilmember Maxey's motion was as follows: Councilmembers, Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Smith reported that the total General Fund amount would be $39,353,352; Communications Fund $2,401,661; total of Internal Service Funds $10,786,370; Recreation Fund $3,060,217; Special Revenue and Debt Service Funds $56,100,527; for a total appropriation of $207,365,762. Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt Resolution 90-138. 358 I I October 16, 1990 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. Councilmember Winokur made a motion, seconded by Councilmember Azari, to remove 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", from the table. The vote on Councilmember Winokur's motion was as follows: Councilmembers, Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays:. None. THE MOTION CARRIED. Budget and Research Director Doug Smith reviewed the revised budget numbers. Councilmember Edwards made a motion, seconded by Councilmember Horak, to approve Ordinance No. 113, 1990 as amended. The vote on Councilmember Edwards' motion was as follows: Councilmembers, Azari, ' Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Mabry requested an analysis of the pros and cons of continuing to lease/purchase the package that was approved on First Reading, as compared to doing the same thing internally through the equipment funds. Councilmember Winokur requested a meeting be held with Council and staff to discuss the golf policy decision. Mayor Kirkpatrick suggested the policy be discussed during a meeting with Council and staff, with Councilmember Winokur clarifying what his expectations are. Councilmember Horak spoke of a letter he received from the Prospect/Shields Neighborhood Association regarding traffic and other related concerns. He urged staff to take time to address their concerns. 359 Adjournment The meeting adjourned at 11:50 p.m. ATTEST: is t ..1 WIN \. � ti,, 360 October 16, 1990 Je �h , M or