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HomeMy WebLinkAboutMINUTES-10/06/1981-Regular1 October 6, 1981 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. Presentation of Colors was by Boy Scout Troop # 83. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, October 6, 1981, 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: Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Absent: None Staff Members Present: Arnold, Liley, Lanspery, Krajicek, Lewis, Wood. Agenda Review: City Manager City Manager Arnold called Council's attention to the two Consent Calendars appearing in the agenda and asked that the meeting be adjourned to 1:00 p.m. on October 13 to discuss land acquisition. Councilmember Knezovich requested Item # 19, Hearing and First Reading of. Ordinance No. 137 1981 Authorizing the Appointment of Alternate Members to the Storm Drainage Board, and Item # 20, Resolution Adopting the Amended vlaws of the Storm Drainaqe Board, be withdrawn from the Consent Agenda. Councilmember Horak asked that Item # 12, Second Reading of Ordinance No. 129 1981 Changing the Regular Council Meeting Time to 5:30 P.M., Item # 17, Hearing and Final Reading of Ordinance No. 135, 1961, Creating a Self -Insurance Fund, and Item # 18, Hearing an ue in tuna, oe removed Tor discussion. surance Councilmember Clarke asked that Item # 26B, Warranty Deed Easement from Susan T. Walton for a portion of the Spring Creek Trails system, be with- drawn. 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 392 October 6, 1981 approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. 4. Consider approval of the minutes of ar the regulmeeting of SE 1 an the a journed meeting �eptem ear 1 — 5. Second Reading Orduienance No. 118, 1981, Authorizingtho Isst e ar an ev 6. 7 0 This Ordinance was adopted unanimously on First Reading on September 15. At the August 4th Council Meeting, Council authorized the staff to proceed with the purchase of a neighborhood park and to finance the purchase over five years with Parkland Fee Revenue Bonds. Second Reading of Ordinance No. 119, 1981, Appropriating the Proceeds of the 198 Par land Fee Revenue Bonds in the Parkland Fund. This Ordinance was adopted unanimously on First Reading on September 15. 'Ordinance No. 118, authorized the issuance of Parkland Fee Revenue Bonds for the purpose of property acquisition for a neighborhood park. Of the total $215,000 bond issue, this ordinance appropriates $165,000 for property acquisition and bond issue expenses. The remaining $50,000 will be deposited in the Parkland Fund for a reserve for debt service. Second Reading of Ordinance No. 120, 1981, Appropriating Prior Year Reservesin a evenue Sharing Fund. This Ordinance was adopted unanimously on First Reading on September 15 and appropriates prior year reserves of $65,890 in the Revenue Sharing Fund for Phase I - Round Two of the Methane Fuel Project. These funds will be transferred to the Capital Projects Fund for conversion of an additional 41 vehicles. Second Reading of Ordinance No. 121, 1981, Authorizing the Transfer o Appropriated Amounts -from the Revenue Sharing Fund to the Capita Projects Fund. This Ordinance was adopted unanimously on First Reading on September I 15. 393 October 6, 1981 We are ready to begin Phase I - Round Two of the Methane Fuel Conver- sion Project. In order to complete the project as originally planned, a transfer from the Revenue Sharing Fund to the Capital Projects Fund needs to be completed so that the project is budgeted in one place. This Ordinance authorizes the transfer of $65,890 from the Revenue Sharing Fund for completion of Round Two of the project. 9. Second Reading of Ordinance No. 122, 1981, Vacating_a_Portion of Easements an Rig two-JTadicate on the at o ar ace, to be Amended by the Rep at of Park Place. This Ordinance was adopted unanimously on First Reading on September 15 and is a request for vacation of a portion of easements and right- of-way dedicated on the Plat of Park Place at The Landings PUD. The applicant had previously requested a replat of this portion of Park Place to correct the alignment of Troutman Parkway and Boardwalk Drive. ' 10. Second leading of Ordinance No. 111, 1111, Vacating Easements Pertain- ing to t e First Rep at of Boardwalk. This Ordinance was adopted unanimously on First Reading on September 15 and is a request for vacation of existing easements shown on the previously approved plat of The Boardwalk at The Landings PUD, relat- ing to the Replat of the Boardwalk at The Landings PUD. 11. Second Reading of Ordinance No. 124, 1981, Adjusting the Street Oversizing Fees. This Ordinance was adopted unanimously on First Reading on September 15 and raises the fees to the following: Residential: $290 per dwelling unit Industrial: $2750 per acre Commercial: $3500 per acre 12. Second Reading of Ordinance No. 129,_1981,_Changing the Re ug lar Council Meeting Time to 5:30 P.M. This Ordinance was adopted by a 4-3 vote on First Reading on September 15. At the meeting of September 8th on a 4-3 vote, Council directed staff ' to prepare the Ordinance, which changes the Council's regular meeting time to 5:30 p.m, from 6:30 p.m. 394 October 6, 1981 ' If adopted on Second Reading on October 6th, the Ordinance would take effect for the regular meeting of October 20th. 13. Second Readin of Ordinance No. 130, 1981, Authorizing the City to n er into an greemen or Independent AnnualAudits. On September 15, Council unanimously adopted this ordinance on First Reading inserting the name of Erickson, Hunt & Spillman, P.C. as the firm selected to perform the 1981 audit at a sum not to exceed $36,000. 14. Hearing and First Reading of Ordinance No. 132, 1981, Assessing Storm At the September 1, 1981 Council meeting, City Council adopted the resolution accepting the improvements in Storm Sewer Improvement District #17 and ordered the notice of the assessments. The notice has been mailed out and in that notice it specified October 6, 1981 as the first hearing for the assessment of the district costs. 15. Hearin and First Readin of Ordinance No. 133, 1981, Amending Certain ' ections o apter o e Code of the City of Fort Collins Zoning Ordinance. This is a staff initiated request to amend certain portions of the Zoning Code. While most of these changes clarify provisions of the Ordinance, several would update the Ordinance to correspond. with current City policies and plans. 16. Hearin and First Readin of Ordinance No. 134, 1981, Appropriatin UnanticYpate Revenue in t e Community Deve opment oc Grant Fun This Ordinance appropriates the $26,000 additional program income and a $2,500 contribution from the Volunteers Clearing House in the Community Development Block Grant Fund. 11. Hearing and Final Reading of Ordinance No. 135, 1981, Creating Se f- nsii— urance�un . This Ordinance creates a Self -Insurance Fund for the purpose of providing for financial control, accounting and reporting of the self-insurance activities of the City. In order for this Ordinance to take effect immediately, it has been prepared as an Emergency Ordi- nance and would require five affirmative votes for approval. , 395 October 6, 1981 18. Hearing and Final Reading of Ordinance No. 136, 1981, Appropriating Unanticipated Revenue in the Self -Insurance Fund. This Ordinance appropriates $241,930 to cover expenses of the Self - Insurance Fund for 1981. It has been prepared as an Emergency Ordi- nance and would require five affirmative votes for passage. 19. Hearing and First Reading of Ordinance No. 137, 1981, Authorizing the_ �000intment of Alternate Members to the Storm Drainaue Board. The Storm Drainage Board wishes City Council to appoint two (2) alternate members to the Board. Currently the Board is comprised of seven members, basically representing the engineering and irrigation interest in the community. The.Board would like to include a repre- sentative(s) of the development community. This would broaden the scope of the board, as well as streamline communications with the private sector. Alternate members would also be available to replace regular members in their absence. This would avoid having an absence of a quorum for meetings. ' A Resolution will follow on October 20 making the appointment of the two alternate menbers. 20. Resolution Adopting the Amended Bylaws of the Storm Drainage Board. The Storm Drainage Board at their regular meeting on September 9, formally adopted the amended bylaws. The substantive revisions to the bylaws include the appointment of two alternate members to the board and the designation of the July meeting as the official annual meeting. 21. Resolution Approving the 1982 Budget Authority. This resolution adopts the budget passed by the Downtown Development Authority Board on September 21, 1981. 22. Hearing and First Reading of Ordinance No.138, 1981, Setting the Mill Levy for the Downtown Development Authority. This ordinance sets the mill levy at five (5) mills. 23. Resolution Authorizing the Purchase of a 1978 Mack Truck. ' Staff recommends purchasing the 1978 Mack truck at a cost of $40,000. 43 October 6, 1981 ' 24. Resolution Authorizing the City Council to Approve an Inter overn- menta Agreement with the State Department of High ays i hways for the Main- tenance ot irattic Signs and Signals Within the Ulty. The State of Colorado reimburses the City of Fort Collins for the maintenance of traffic signs and signals on the state highways within the city limits at a rate of $100 per month per traffic signal and $840 a mile a year for traffic signing. The contract is written for a maximum amount of $47,016 and covers signals not covered in the old contract and will allow the future addition of two signals at the current reimbursement rate without a new contract. 25. Appeal from the Building Board of Appeals - 1100 E. Elizabeth. This item was tabled to this date on September 15 at the request of the appellant, Dr. Gary Luckasen. Dr. Luckasen, through his attorney, David Osborn, is now requesting the appeal be tabled to October 20 to determine if, the problem can be resolved by then and because the general contractor, Carl Nelson, is unable to attend the October 6 meeting. ' 26. Routine Deeds and Easements. A. Public Service Company of Colorado has requested a natural gas utility easement from the ity o Fort Collins, located on the north 19 feet of the electric substation site at the southwest corner of Willox Lane and Redwood Street. The consideration paid to the City for granting this easement is $1.00. The easement has been reviewed and approved by affected staff and the legal department. B. Warranty Deed Easement from Susan T. Walton for a portion of the Spring Creek Trails system, located north of Stuart between Lemay and Stover. The easement contains 0.1754 acre and is the tenth parcel acquired of the 14 needed in this section of the trail project. The determined value of this property is $6,139. The City will pay $1,500 and the remaining $4,639 is being donated by the property owner. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #,5. Second Reading of Ordinance No. 118, 1981, Authorizin the Issuance of Park and Fee Revenue Bonds in the Principa Amount of 2 ,00 . ' 397 F1 1 October 6, 1981 Item # 6. Second Reading of Ordinance No. 119, 1981, Appropriating the Proceeds of the 1981 Parkland Fee Revenue Bonds in the Parkland Fund. Item # 7. Second Read in of Ordinance No. 120, 1981, AppropriatingPrior Year Reserves in the Revenue Sharing und. Item # 8. Second Read�in�_ofO_rdinance No. 121, 1981, Authorizing the Transfer o Ap iated Amounts from the Revenue aring Fund to the Capital Pro.iects Fund. Item # 9. Second Reading of Ordinance No. 122, 1981, Vacating a Portion of Easements and Right -of -Way Dedicated on the Plat of Park Place, to be Amenndedo y the Rep at of�ar ace. Item #10. Second Readin of Ordinance No. 123, 1981, Vacating Easements Pertaining to the First Rep at of Boardwalk. Item #11. Second Reading of Ordinance No. 124, 1981, Adjusting the Street n...,-...^-- I Item #12. Second Reading of Ordinance No. 129, 1981, Changing the Regular Counci iMeeting Time to 5:30 P.M. Item #13. Second Reading of Ordinance No. 130, 1981, Authorizing the City to nter into an greement or n epen ent nnua u its. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #14. Hearing and First Reading of Ordinance No. 132, 1981, Assessing Storm fewer Improvement District 9 1 . Item #15. Hearing and First Reading of Ordinance No. 133, 1981, Amendin Certain ections ot Chapter 118 of the Code of the City of Fort Collins Zoning Ordinance. Item #16. Hearing and First Reading of Ordinance No. 134, 1981, Appro- priating Unanticipated Revenue in the Community Development Bloc Grant Fund. Item #17. Hearing and Final Reading of Ordinance No. 135, 1981, Creating a - -ear - nsurance un . Item #18. Hearing and Final Reading of Ordinance No. 136, 1981, Appro- ' priating Unanticipated Revenue in the Self -Insurance Fund. .o October 6, 1981 Item #19. Hearinq and First Readinq of Ordinance No. 137, 1981, Autho izing the Appointment of Alternate Members to the Storm Draina oard. Item #22. Hearin and First Reading of Ordinance No. 138, 1981, Setti the MI Levy for t e Downtown Deve opment Authority. Councilmember Knezovich made a motion, seconded by Councilmember Cassell, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Changing the Regular Council Meeting Time to 5:30 P.M. Following is the City Manager's memorandum on this item: "This Ordinance was adopted by a 4-3 vote on First Reading on September 15. At the meeting of September 8th on a 4-3 vote, Council directed staff to prepare the Ordinance, which changes the Council's regular meeting time to 5:30 p.m. from 6:30 p.m. If adopted on Second Reading on October 6th, the Ordinance would take effect for the regular meeting of October 20th." Councilmember Horak stated that he felt it was not appropriate to have an item that passed on a 4-3 vote on the Consent Calendar. Councilmember Knezovich asked why he should vote affirmative on this item. Councilmember Cassell replied there were several reasons. Among them, the length of the meetings and the need for Councilmembers to have an oppor- tunity in an informal setting to discuss procedural matters and to get to know one another better. Councilmember Knezovich asked if the press would be invited to the informal gathering from 6:30 p.m. - 7:30 p.m. 399 I October 6, 1981 Mayor Wilmarth explained that typically in the past, Council has adjourned for a dinner break and that press or public were welcome to be present at their own expense. Councilmember Reeves stated she did not support the Ordinance because of the inconvenience it caused the public. Councilmember Clarke made a motion, seconded by Councilmember Cassell, to adopt Ordinance No. 129, 1981, on Second Reading. Yeas: Councilmembers Cassell, Clarke, Elliott and Wilmarth. Nays: Councilmembers Horak, Knezo- vich and Reeves. THE MOTION CARRIED. Ordinance Creating a Self -Insurance Fund, Adopted as an Emergency Ordinance Following is the City Manager's memorandum on this item: "This Ordinance creates a Self -Insurance Fund for the purpose of providing ' for financial control, accounting and reporting of the self-insurance activities of the City. In order for this Ordinance to take effect im- mediately, it has been prepared as an Emergency Ordinance and would require five affirmative votes for approval. The Self -Insurance Fund would be established as an Internal Service Fund due to the full accrual nature of this type of Fund, the need in self- insurance activities to recognize liabilities for unfiled claims, and to provide funding for adequate reserves. In the 1982 proposed budget the Fund is referred to as the Medical Insur- ance Fund. We wish to establish the fund in a less restrictive manner thereby allowing for a full range of self-insurance activities. It is with this in mind that we have prepared the attached ordinance creating a 'self-insurance fund'." Councilmember Horak asked why Ordinance Nos. 135 and 136 were being passed as Emergency Ordinances. City Manager Arnold replied that the self-insurance concept had been presented at work sessions and that establishing the Self -Insurance Fund was an accounting mechanism to account for all self-insurance activities. Since the insurance switched on October 1, the City would like to begin accounting immediately and the only way to do that is by Emergency Ordi- nance that takes effect immediately instead of the normal two readings and 10 day effective date. 400 October 6, 1981 City Attorney Liley noted that claims could not legally be paid until this fund was created and established since the old insurance coverage lapsed on September 30. Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 135, 1981, as an Emergency Ordinance. Yeas: Coun- cilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Appropriating Unanticipated Revenue in the Self -Insurance Fund, Adopted as an .Emergency Ordinance Following is the City Manager's memorandum on this item: "Effective October 1, 1981, the City is adopting a self-insurance plan for the employee insurance benefit. The Self -Insurance Fund (Fund 206) has been established for administration of employee insurance. ' Revenue in the fund includes: $125,000 Reserve funds from Pacific Mutual Insurance Co. 275,880 Funds budgeted by the City of $84/employee/ month for Oct. - Dec., 1981 $400,880 TOTAL Expenses of the Fund for the remainder of 1981 are anticipated to total $241,930: $ 16,565 Claims administration 206,910 Medical claims 18,455 Insurance premium $241,930 TOTAL The remaining $158,950 will constitute reserve funds not needed in 1981. This ordinance appropriates $241,930 to cover expenses of the Self - Insurance Fund for 1981. It has been prepared as an Emergency Ordinance and would require five affirmative votes for passage." ' 401 ' October 6, 1981 Councilmember Horak stated his concerns about this Ordinance had been answered during the discussion of the previous item. Councilmember Cassell made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 136, 1981, as an Emergency Ordinance. Yeas: Coun- cilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Authorizing the Appointment of Alternate Members to the Storm Drainage Board Following is the City Manager's memorandum on this item: "The Storm Drainage Board wishes City Council to appoint two (2) alternate members to the Board. Currently the Board is comprised of seven members, basically representing the engineering and irrigation interest in the community.• The Board would like to include a represent ative(s) of the development community. This would broaden the scope of the board, as well ' as streamline communications with the private sector. Alternate members would also be available to replace regular members in their absence. This would avoid having an absence of a quorum for meetings. A Resolution will follow on October 20 making the appointment of the two alternate members." Councilmember Knezovich noted that he felt it was important to appoint active regular members that would participate on the Boards and questioned the appointment of alternates. City Attorney Liley replied that the alternate concept originated as a request from the Board and generally the reasons were to be able to act in the absence of a quorum. Councilmember Reeves stated she felt the alternate positions provide an opportunity for people to gain some experience on the Boards so that they are able to move into full-time slots as experienced members. Councilmember Knezovich stated he felt that appointing alternate members as a fail-safe backup was too cumbersome and noted he hoped .Council would not continue to appoint alternates to Boards. Councilmember Clarke made a motion, seconded by Councilmember Elliott, ' to adopt Ordinance No. 137, 1981, on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Reeves and Wilmarth. Nays: Knezovich. 402 October 6, 1981 THE MOTION CARRIED. Resolution Adopting the Amended Bylaws of the Storm Drainage Board, Adopted Following is the City Manager's memorandum on this item: "The Storm Drainage Board at their regular meeting on September 9, formally adopted amended bylaws. The substantive revisions to the bylaws include the appointment of two alternate members to the board and the designation of the July meeting as the official annual meeting." Councilmember Knezovich made a motion, seconded by Councilmember Reeves, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Reeves and Wilmarth. Nays: Knezovich. THE MOTION CARRIED. Warranty Deed Easement From Susan T. Walton, Adopted Following is the City Manager's memorandum on this item: "S. Warranty Deed Easement from Susan T. Walton for a portion of the Spring Creek Trails system, located north of Stuart between Lemay and Stover (V on attached map). The easement contains 0.1754 acre and is the tenth parcel acquired of the 14 needed in this section of the trail project. The determined value of this property is $6,139. The City will pay $1,500 and the remaining $4,639 is being donated by the property owner." Councilmember Clarke noted that the price paid for this piece of property was approximately 1/6 of the price paid for a similar piece in this same area. He expressed concern that the City had paid too much for the first acquisition. Additionally, he asked that Susan T. Walton receive a thank you for her donation. Right -of -Way Agent, Ron Mills, replied that 4-5 appraisers have come up with the $.80 to $1.00 per square foot figure for property in that area. He further noted that Susan Walton had been offered the appraised value but had chosen to give the partial donation. I 403 October 6, 1981 City Manager Arnold stated Susan Walton would be sent a letter of appre- ciation. Councilmember Clarke made a motion, seconded by Councilmember Cassell, to accept the warranty deed easement from Susan T. Walton for a portion of Spring Creek Trails system. Yeas: Councilmembers Cassell, Clarke, El- liott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Second Reading of Ordinances Annexing and Zoning Trilby Heiqhts Third Annexation Following is the City Manager's memorandum on this item: "A. Ordinance No. 115, 1981, Annexing Property Known as Trilby Heights Third Annexation. B. Ordinance No. 125, 1981, Zoning Property Known as Trilby Heights Third Annexation. Ordinance No. 115, 1981, was unanimously adopted on First Reading on September 8 and Ordinance No. 125, 1981, was unanimously adopted on First Reading on September 15. The Trilby Heights Third Annexation has a new legal description which excludes the ownership interest of Poudre Valley R.E.A. This piece is not necessary for contiguity of the Fourth and Fifth Annexations and has therefore been excluded. The Second Readings of the Trilby Fourth and Fifth Annexations will be presented on October 20 and November 3, respec- tively." Councilmember Clarke asked that the record show he did not participate in the discussion or vote on this item. Councilmember Cassell made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 115, 1981, on Second Reading. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. (Clarke withdrawn). THE MOTION CARRIED. 404 October 6, 1981 ' Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 125, 1981, on Second Reading. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. (Clarke withdrawn). THE MOTION CARRIED. Second Reading of Ordinance Amending the Code of the City of Fort Collins to Establish Limitations Regarding Campaign Contributions Following is the City Manager's memorandum on this item: "This Ordinance was adopted on First Reading on September 15. At that meeting Council consensus (4-3) was to delete any reference to an aggregate amount and to set the campaign contribution limit amount at $100. Because of questions raised at the September 15th meeting, a copy of the petition requesting this item be placed on the April ballot is included for your information. Also attached is a memo from the City Attorney outlining matters previously discussed relative to the campaign contri- bution issue." Councilmember Reeves made a motion, seconded by Councilmember Knezovich, to adopt Ordinance No. 131, 1981, incorporating the amendments recommended by staff. Councilmember Clarke expressed his concern that the Ordinance as proposed would allow an organized group to carry-over funds and spend as much as they would like provided the funds were on hand before an issue came up. The Ordinance would only limit the amount they could raise from that point on. It would allow the building of a "war chest". He added that he felt the Ordinance was too complicated and would discourage participation in City government. He noted he did not believe the intent of the Charter amendment could be accomplished in a constitutional manner and stated he would like to see the Ordinance defeated and go to something simpler and less cumbersome that would impose the limits necessary under the Charter amendment. Councilmember Knezovich replied that he did not feel groups would accumu- late sums of money to defeat mundane City issues and not get IRS deductions for doing it. He recommended passage of the Ordinance. Councilmember Reeves noted that she felt the reporting requirements were not that cumbersome and that most people keep track of their contributions and expenditures anyway. 405 October 6, 1981 Councilmember Elliott expressed opposition to the Ordinance and the di- rection it takes, noting that he too felt it was cumbersome, lengthy and unenforceable. He suggested defeat of the Ordinance and that a simple ordinance be adopted setting the dollar limit on contributions. Councilmember Cassell spoke in opposition to the Ordinance, noting he felt the public did not ask that a campaign reform act be created. He favored an abbreviated ordinance using exact ballot language. Councilmember Horak stated he felt that an ordinance with no enforcement provisions was no law at all. He noted the Ordinance could be changed at any time if any part of it were found to be unconstitutional. The vote on Councilmember Reeves' motion was as follows: Yeas: Councilmembers Horak, Knezovich and Reeves. Nays: Councilmembers Cassell, Clarke, Elliott and Wilmarth. THE MOTION FAILED. ' Councilmember Clarke asked if the Ordinance referred to in the City At- torney's memo that recites the language of the petition was available. City Attorney Liley read the language of the new ordinance which was numbered Ordinance No. 154, 1981. Councilmember Clarke made a motion, seconded by Councilmember Cassell, to adopt Ordinance No. 154, 1981, as read by the City Attorney with the $100 limit to be included. Councilmember Elliott made a motion to amend the ordinance to read $1,000. The motion died for lack of a second. The vote on Councilmember Clarke's original motion was as follows: Yeas: Councilmembers Cassell, Clarke, Wilmarth, Horak and Knezovich. Nays: Councilmembers Elliott and Reeves. THE MOTION CARRIED. Resolution Making Appointments to Various ' Boards and Commissions Following is the City Manager's memorandum on this item: October 6, 1981 ' "Vacancies exist on three boards and commissions because of resignations. Karen Mosser has resigned from the Golf Board as a regular member, and Carolyn Haase has resigned as a regular member of the Planning and Zoning Board. Phil Friedman has also resigned as an alternate member of the Landmark Preservation Commission. Applications for these boards and commissions appointments are included in this agenda packet. Council needs to select replacements to fill the unexpired terms on each board or commission." Golf Board Councilmember Reeves stated that the committee recommendation was Kathleen Bohmont as the regular member and William Basow as the alternate. Councilmember Knezovich nominated John Dresher for the alternate position. Councilmember Reeves made a motion, seconded by Councilmember Cassell, to appoint Kathleen Bohmont as a full-time member of the Golf Board. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. ' THE MOTION CARRIED. Councilmember Reeves made a motion, seconded by Councilmember Cassell, to appoint William Basow as an alternate member of the Golf Board. Mayor Wilmarth asked each Councilmember to state the name of the person they supported for the alternate position. The vote was as follows: Cassell - Basow Clarke - Basow Elliott - Basow Wilmarth - Basow Horak - "Neither" Knezovich - Dresher Reeves - Basow The name of Kathleen Bohmont and William Basow as regular member and alternate to the Golf Board are to be inserted into the Resolution making the appointments. Planning and Zoning Board Councilmember Cassell stated that the committee recommendation was as I follows: 407 1. October 6, 1981 Name Term Expires Tim Dow July 1, 1983 Don Crews July 1, 1984 Ingrid Simpson, alternate July 1, 1982 Councilmember Cassell made a motion, seconded by Councilmember Reeves to appoint the members as outlined above. Councilmember Knezovich asked that the name of Tony Giacopelli be placed in nomination for the alternate position. The vote on Councilmember Cassell's motion was as follows: Cassell - Dow, Crews, Simpson Clarke - Dow, Crews, Simpson Elliott - Dow, Crews, Simpson Wilmarth - Dow, Crews, Simpson Horak - Dow, Crews, Simpson Knezovich - Dow,Crews, Giacopelli Reeves - Dow, Crews, Simpson The names of Tim Dow and Don Crews as regular members and Ingrid Simpson as an alternate member of the Planning and Zoning Board are to be inserted in the Resolution making the appointments. Landmark Commission Councilmember Reeves made a motion, seconded by Councilmember Cassell to table the appointment to this Board to October 20 to allow the applicants to be interviewed. Councilmembers Clarke and Elliott will conduct the interviews with the applicants. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Cassell made a motion, seconded by Councilmember Reeves, to adopt the Resolution making the appointments as described above. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Citizen Participation A. Proclamation Naming October 11-17 as Domestic Violence Awareness Week to be delivered to appropriate persons. 50 October 6, 1981 B. Presentation of Plaque to Thomas E. McMillen for his Years of Service on the Fort Collins Police Reserves. Chief Ralph Smith asked Mayor Wilmarth to present a plaque for appreciation to Light and Power employee, Thomas E. McMillen. C. Presentation of Plaque to Chuck Mabry for his Service as Director of Planning and Development. Mayor Wilmarth presented the plaque to former Director of Planning and Development, Chuck Mabry. D. Proclamation Naming the Month of October as Toastmistress Month was accepted by Judy Arnold, 737 Cherokee Drive, on behalf of the Columbine Toastmistress Club. Final Public Hearing for the Recommended 1982 Budget City Manager Arnold gave a slide presentation to update the audience on the 1982 Budget process. ' The following presons spoke in opposition to the implementation of a 10% seat tax at the Lincoln Center: 1. Jim Weitz, 1115 W. Oak, Chairman of the Cultural Resources Board. 2. Bob Lee, 708 Cheyenne Drive, representing Lincoln Center League. 3. Clint Prust, 320 W. Olive, representing Fort Collins Symphony Society. 4. Greg Taylor, 816 W. Mountain, representing Quantum Arts. 5. Chuck Mullen, 1101 W. Oak, representing Foothills Civic Theatre. 6. Martha Trimble, 1909 Stover. 7. Rosalyn Spencer, 813 Warren Landing, representing High Plains Art Center. 8. Patty Bell, 809 Buckeye, representing Fort Collins Childrens Theatre. 9. Patty Shannon, 2901 Swing Station Way, representing Larimer Chorale. 409 1 October 6, 1981 10. Tom Short, 300 Spinnaker Lane, representing Noontime Kiwanis. 11. Carol Torgerson, 20B Stover, representing Canyon Concert Ballet. Others who spoke were: 1. Bruce Lockhart, 615 Mathews, supported the seat tax. 2. Jim Evenson, 1308 Teakwood, spoke about Transfort user fees. Budget Consent Items Items 32-42 are being presented together in the Consent Calendar format. These items have been reviewed and discussed at budget work sessions 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. 32. Resolution Adopting the Financial and Management Policies Relatin The Recommended 1982 Budget included twenty-one (21) financial and management policies used in the development of the 1982 Budget. This resolution formally adopts these policies with the following changes. 0 Sales Tax Distribution Policy - revised to reflect the addition of .25 of a 14 Sales Tax. 0 Debt Policy - Tables of current debt have been updated as of June 30, 1981, and revisions to proposed debt incorporated. 0 Revenue Policy - revised to delete the Real Estate Transfer Tax and work towards diversification in the next two (2) years. 0 Enterprise Fund Policy - revised to reflect the continuance of Transfort user fees and the addition of a Seat Tax at Lincoln Center. 0 Transfort Policy - revised based upon financing changes and revised schedule for implementation of the Quality Transfort System, 0 Revenue Sharing Policy - added to formalize the policy as pre- viously approved by City Council. Elul 33 34. Hearin and First Readin Energy onservation Fund. of Ordinance No. 139 October 6, 1981 1981 Creating an This Ordinance creates an Energy Conservation Fund for the purpose of segregating energy costs and providing for centralized monitoring and measuring of the City's energy usage. Hearing and First Reading of Ordinance No. 140, 1981, Amending Chapter 33 of the Code of the City of Fort Co dins Relating to A coholic In conjunction with the 1982 Budget, General Fund revenue items that have not been adjusted for at least three years were reviewed for possible fee increases. Beer and Liquor Occupation Taxes have not been adjusted since 1976 and the following increases were recommended in the 1982 Budget: 1981 1982 FEE FEE Wine & Beer $400 $500 Club $500 $625 Retail Liquor $500 $625- Hotel-Restaurant $1,500 $1,875 Beer $400 $500 11. Hearing and First Reading of Ordinance No. 141, 1981, Amendin Section 0 - of the sty ode Providing or a Tax on Telephone Uti sties of This Ordinance increases the telephone utility account tax from $.50 to $.65 in conjunction with the 1982 Budget. Mountain Bell has been contacted regarding this increase and they have agreed to implement the change effective January 1, 1982. Increased revenue of $51,523 is projected based on this adjustment. 36. Ordinances Relating to Licensed Occupations. A. Hearing and First Reading of Ordinance No. 151, 1981, Amending the Code Relating to Alarm Business Permits and Licenses. B. Hearing and First Reading of Ordinance No. 152, 1981, Amending the Code Relating to Licenses Issued by the City Forester. C. Hearing and First Reading of Ordinance No. 1.53, 1981, Amending the Code Relating to Miscellaneous and Amusement Licenses. 411 d 1 October 6, 1981 The 1982 budget changes the classifications of miscellaneous and amusement licenses to Business License - Class I and Business License - Class II, respectively, to provide equity in our fee structure. 37. Resolution Adopting 1982 Recreation Division Fees and Charges. The 1982 Recreation Division Fees and Charges Schedule is consistent with the Fees and Charges Policy adopted by City Council in Resolution 80-131 on October 21, 1980. It is anticipated that the Recreation Division will recover approximately 55% of its total cost in 1982 in revenues generated through fees and charges. 38. Hearin and First Readin of Ordinance No. 143, 1981, Relatin to ar and ees and ncreasing t e mount o ai Fees to or n o The Parks and Recreation Advisory Board, at their regular meeting of September 22, 1981, reviewed the staff recommendation to increase the 1982 Parkland Fee to $550 per dwelling unit, and voted 5:1 to recom- mend same to Council. The Board feels it is necessary to raise the fee because of inflationary impacts. The 1982 Parkland Budget was prepared based upon the collection of a $550 per dwelling unit fee. 39. Resolution Adopting 1982 Transfort Fares. This Resolution increases Transfort Fares for 1982 as follows: 1981 Fee 1982 Fee Regular Fare $ .35 $ .50 Sr. Citizen Off -Peak Fare $ .15 $ .25 10-Ride Pass $ 3.00 $ 4.00 Monthly Pass $10.00 $15.00 Sr. Citizen Annual Pass $ 8.00 $10.00 Handicapped Annual Pass $ 8.00 $10.00 40. Hearing and First Reading of Ordinance No.144, 1981, Amending Section 4-75 A of the City Code Relating to Traffic and Parking Meter Rates. In order to implement rate increases for on -street parking meters recommended in the 1982 budget, the Code of the City of Fort Collins is being amended to reflect these rate changes. The rate changes will ' provide increased revenue for the Parking Fund. 412 October 6, 1981 41. Hearing and First Reading of Ordinance No. 145, 1981, Relating to ETV ctric Rat�or ervice. The proposed ordinance is presented pursuant to Council direction at the June 30, 1981 work session for the 1982 Budget and reaffirmed during the September 29, 1981 work session on future rate adjustments. Increases necessary to track the cost of providing service to each customer class are as follows: RESIDENTIAL 12.6% GENERAL SERVICE 18.7% GENERAL SERVICE 50 22.1% GENERAL SERVICE 500 18.5% SPEC. AREA FLOODLIGHTING 22.1% MUNICIPAL STREETLIGHTING 22.1% TRAFFIC SIGNAL SERVICE 14.8% The 16.6% overall increase in retail electric revenue is to partially off -set the 37-39% increase in purchased power cost projected for ' January 1, 1982 and will be effective on all billings rendered on or after January 1, 1982. 42. Water and Sewer Rate Increases. A. Hearing and First Reading of Ordinance No. 146, 1981, Amending Section 112 of the Code Relating to Rates for Water and Sewer Utility. B. Hearing and First Reading of Ordinance No. 147, 1981, Amending Section 112 of the Code Relating to Sewer Plant Investment Fees. C. Hearing and First Reading of Ordinance No. 148, 1981, Amending Section 112 of the Code Relating to Water Plant Investment Fees. The 1982 Water Fund and Sewer Fund Budget, as presented to City Council, will require that the existing water rates be increased 11 percent and the existing sewer rates be increased 27 percent. Present projections indicate the Water Plant Investment Fee should be increased to $1680 for an average single-family unit and the Sewer Plant Investment Fee should be increased to $1350 for an average single-family unit. ' 413 October 6, 1981 Councilmember Knezovich asked that Item No. 34, Hearing and First Reading of Ordinance No. 140, 1981, Amending Chapter 33 of the Code of the City of Fort Collins Relating to co o,ic Beverages, an Item Ordinances' idle —acing to Ticensed �upations, and Item # 39, Resolution Adopting ransfort Fares, be withdrawn from the Budget Consent Calendar. Councilmember Horak requested that Item # 37, Resolution Adopting 1982 Recreation Division Fees and Charges, be removed. Mayor Wilmarth asked that Item # 32, Resolution Adopti Management Policies Relating to the 1982 Budget, be wit the Financial and awn. Councilmember Reeves made a motion, seconded by Councilmember Clarke, to adopt and approve all items not removed from the Budget Consent Calen- dar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. Resolution Adopting the Financial and Management Policies Relating to the 1982 Budget Tabled to October 20 Following is the City Manager's memorandum on this item: "The Recommended 1982 Budget included twenty-one (21) financial and manage- ment policies used in the development of the 1982 Budget. This resolution formally adopts these policies with the following changes. 0 Sales Tax Distribution Policy - revised to reflect the addition of .25 of a ld Sales Tax. 0 Debt Policy - Tables of current debt have been updated as of June 30, 1981, and revisions to proposed debt incorporated. 0 Revenue Policy - revised to delete the Real Estate Transfer Tax and work towards diversification in the next two (2) years. 0 Enterprise Fund Policy - revised to reflect the continuance of Transfort user fees and the addition of a Seat Tax at Lincoln Center. 0 Transfort Policy - revised based upon financing changes and revised schedule for implementation of the Quality Transfort System. 0 Revenue Sharing Policy - added to formalize the policy as pre- viously approved by City Council." 414 October 6, 1981 ' Mayor Wilmarth expressed his concern about some of the policies contained in the Resolution. He noted that this Council had not discussed some of them even though previous Councils may have considered them. He suggested the Resolution be tabled until October 20 and scheduled for the October 13 work session for further discussion and review. Councilmember Cassell made a motion, seconded by Councilmember Knezovich , to table this Resolution to October 20 and to schedule the item for the October 13 work session for review. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Amending Chapter 33 of the Code of the City of Fort Collins Relating to Alcoholic Beverages Following is the City Manager's memorandum on this item: "In conjunction with the 1982 Budget, General Fund revenue items that have ' not been adjusted for at least three years were reviewed for possible fee increases. Beer and Liquor Occupation Taxes have not been adjusted since 1976 and the following increases were recommended in the 1982 Budget: 1981 1982 FEE FEE Wine & Beer $400 $500 Club $500 $625 Retail Liquor $500 $625 Hotel -Restaurant $1,500 $1,875 Beer $400 $500 The Liquor ,Licensing Board has been notified of these fee adjustments. The attached Ordinance amends these fees to the 1982 recommended amount effective January 1, 1982." Mayor Wilmarth asked the record show he did not participate or vote on this item. The following persons spoke in opposition to the increases in the occu- pation tax: ' 415 Fi October 6, 1981 1. Harry Nix, 704 Oxford Lane, representing Foothills Discount Liquors. 2. John Dowd, 2019 Constitution, representing Wine Cellar Restaurant. Councilmember Knezovich asked staff to prepare an estimate of the adminis- trative and enforcement expenses included in this area prior to Second Reading. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 140, 1981, on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: None. (Wilmarth withdrawn) THE MOTION CARRIED. Ordinances Relating to Licensed Occupations Adopted on First Readings Following is the City Manager's memorandum on this item: " A. Hearing and First Reading of. Ordinance No. 151, 1981, Amending the Code Relating to Alarm Business Permits and Licenses. B. Hearing and First Reading of Ordinance No. 152, 1981, Amending the Code Relating to Licenses Issued by the City Forester. C. Hearing and First Reading of Ordinance No. 153, 1981, Amending the Code Relating to Miscellaneous and Amusement Licenses. The following fees have not been changed for at least three years. The attached Ordinances amend the fees for these licenses as follows: 1981 PROPOSED REVENUE ITEM FEE FEE Business License - Class I Arborist $100/initially -- $25 $25 renewal Auctioneer $100 25 Seasonal Vendor -- 25 Second Hand Dealer 1 25 1 416 October 6, 1981 1981 PROPOSED REVENUE ITEM FEE FEE Business License -Class II Alarm Business 25 50 Bowling Alley 15 50 Dance Hall 50 75 Motion Picture Theatre 75 100 Drive -In 50 75 Game Machine (per machine every 6 months) Foosball, Air & Electric 25 35 Pinball 37.50 50 Pool Tables 5 7.50 . Carnival $50/day $75/day" Mayor Wilmarth asked the record show he did not vote or participate in the discussion on Item # 36 c, Hearing and First Readin of Ordinance No. 153, 1981, Amending the Code Relating to Misce aneous and Amusement Licenses. Councilmember Knezovich asked if these ordinances should carry an effective ' date of January 1, 1982. City Attorney Liley replied that an effective clause indicating January 1, 1982, could be added. Councilmember Knezovich proposed a per lane and per screen tax instead of the flat fee for bowling alleys and theatres. Councilmember Elliott made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 151, 1981, on First Reading, amending it to include an effective date of January 1, 1982. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: None. (Wilmarth withdrawn) THE MOTION CARRIED. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 152, 1981, on First Reading, amending it to include an effective date of January 1, 1982. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: None. (Wilmarth withdrawn) THE MOTION CARRIED. ' 417 October 6, 1981 Councilmember Elliott made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 153, 1981, on First Reading, amending it to include an effective date of January 1, 1982. Councilmember Knezovich made a motion 1981, to tax theatres $100 per screen The motion died for lack of a second. to further amend Ordinance No. 153, and drive-in theatres $75 per screen. The vote on Councilmember Elliott's motion was as follows: Yeas: Councilmembers Cassell, Eliott, Horak, Knezovich and Reeves. Nays: Councilmember Clarke. (Wilmarth withdrawn). THE MOTION CARRIED. Resolution Adopting 1982 Recreation Division Fees and Charges, Adopted Following is the City Manager's memorandum on this item: "The 1982 Recreation Division Fees and Charges Schedule is consistent with the Fees and Charges Policy adopted by City Council in Resolution 80-131 on October 21, 1980. It is anticipated that the Recreation Division will recover approximately 55% of its total cost in 1982 in revenues generated through fees and charges. The recommended fees and charges increases in 1982 range from none to 10%+, depending on the program itself, the percentage of recovery necessary to meet the requirements of the Fees and Charges Policy, and/or what staff believes the market will bear. The net across-the-board increase is approximately 6%. The Parks and Recreation Advisory Board, at their regular meeting of September 22, 1981, reviewed the fees and charges schedule for 1982, and unanimously voted to recommend adoption of said schedule to Council." Councilmember Horak noted the Lincoln Center currently pays back 35% of their costs whereas the recreation program is proposed at 55% because of the Council policy to pay back 50%. He noted the recreation fees were doubled two years ago and another 10% is proposed this year. He stated he felt this policy should be used for other programs that serve certain segments of the community. Councilmember Horak made a motion, seconded by Councilmember Reeves, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. 418 October 6, 1981 THE MOTION CARRIED. Resolution Adopting 1982 Transfort Fares , Adopted Following is the City Manager's memorandum on this item: "This Resolution increases Transfort Fares for 1982 as follows: Regular Fare Sr. Citizen Off -Peak Fare 10-Ride Pass Monthly Pass Sr. Citizen Annual Pass Handicapped Annual Pass Annual Farebox Revenue CSU Contract * Total Operating Revenue % of Operating Costs 1981 Fee 1982 Fee $ .35 $ .50 $ .15' $ .25 $ 3.00 $ 4.00 $10.00 $15.00 $ 8.00 $10.00 $ 8.00 $10.00 Projected 1981 1982 64,000 70,500 42,000 60,710 26% 27% *Based on fee of $2.00/full-time-student/semester in 1981 and $2.50/ full-time-student/semester beginning Fall Semester, 1982." Councilmember Knezovich asked about the figures relating to the C.S.U. contract. Budget Director, Phylis Griep, replied that the numbers had been reversed in the memo. Councilmember Cassell noted that he felt the students were not paying what they should be and further that the fee should be negotiated even further upward. Councilmember Knezovich made a motion, seconded by Councilmember Reeves, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. 419 October 6,'1981 Ordinance Adopted on First Reading Providing for the Imposition of an Additional Twenty-five Hundredths Percent (.25%) Retail Sales and Use Tax to be Effective January 1. 1982 Following is the City Manager's memorandum on this item: "As part of the 1982 Budget process, the City Manager recommended a Real Estate Transfer Tax and a mill levy .increase of two (2) mills to fund various City operations. Based on input from the public hearings regarding the 1982 Budget, these two revenue sources were deleted and an additional .25 of a 1¢ sales tax has been recommended as an alternative revenue source. This ordinance implements the addition of the .25 of a id sales tax to our existing tax, making a total of 2.25%, effective January 1, 1982." Councilmember Horak pointed out that not all Councilmembers had directed ' staff to implement the .25 of 1¢ sales tax as an alternative revenue source. He added that he was amazed that there was no opposition to this measure. Councilmember Clarke made a motion, seconded by Councilmember Cassell, to adopt Ordinance No. 149, 1981, on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Knezovich, Reeves and Wilmarth. Nays: Council - member Horak. THE MOTION CARRIED. Resolution Adopting the 1982 Budget for the City of Fort Collins and Fixing the Mill Levy Following is the City Manager's memorandum on this item: "This Resolution adopts the 1982 Budget for the City of Fort Collins. The total budget is $105,151,352. Changes from the financial statements included in the 1982 Recommended Budget are as follows: General Fund The Real Estate Transfer Tax and an additional two mills of property tax have been deleted as revenue sources in the General Fund. A quarter of one cent of sales tax has been added. Changes to proposed expenditures include: 420 Deferral of Indoor Pool Renovation $ (604,356) Addition of School Crossing Guards 27,684 Reduction of Transfort Subsidy (200,000) Reduction of Operating Expenditures (100,000) Addition of Mason -Howes One -Way Couplet 250,000 TOTAL Storm Drainage Fund $ (626,672) October 6, 1981 The Storm Drainage Fund budget has been reduced by $8,862 due to pension, surcharge, and insurance adjustments. Transfort Fund The Transfort fare is being retained and raised to $.50/ride. The General Fund subsidy for Transfort has been reduced by $200,000. Transfort's operating budget will be reduced by $38,400 due to deferral of the downtown shuttle. The budget for 1982 will maintain the current service level. Sales & Use Tax Fund The additional revenue derived from one quarter of a cent of sales tax is deposited in the Sales and Use Tax Fund and shown as a transfer to the General Fund. Parkland Fund The transfer to the Debt Service Fund is increased by $62,790 to reflect principal and interest payments for the 1981 Parkland Revenue Bond Issue approved by City Council on September 15, 1981. Debt Service Fund Expenditures increase by $62,790 to reflect principal and interest payments for the 1981 Parkland Revenue Bond issue. Lincoln Center Fund Also attached for your information is a revised Lincoln Center Financial statement which builds in revenue from a seat tax (10% of ticket price) beginning in 1982. Revenue from this tax is projected to increase 3% each year through 1986. 421 I October 6, 1981 This statement shows rate increases of 15%/year for building rental and miscellaneous for 1983 through 1986. Operating expenses are projected to increase 8%/year for 1983 through 1986. Using these rates, the percentage of cost recovery would increase as follows: YEAR COST RECOVERY 1981 35% 1982 44% 1983 47% 1984 49% 1985 52% 1986 54% Actual use of these percentage increases is dependent on the future rate of inflation and the point at which rate increases decrease facility usage, thereby actually decreasing revenue. Capital Projects Fund In accordance with Article V, Section 10, of'the City Charter (as amended ' in April, 1980) capital project appropriations do not lapse until project completion. Consistent with this amendment and with the Capital Project Management Control System, the capital project appropriations are based on the following guidelines. 1. Projects funded by Bond Proceeds: a) Design and ROW Appropriated b) Construction Costs to be appropriated at the time of bond issuance. 2. Projects funded by projected 1982 Revenue a) Appropriate the next phase if prior year reserves available for completion. b) Appropriate entire project if construction is to begin in 1982. Changes due to appropriation guideline: Sewer Projects $ (843,000) Storm Drainage Projects (168,499) Water Projects (105,000) Parks (3,810,000) Streets (910,000) ' TOTAL $(5,836,499) 422 Other changes to proposed expenditures are: - deferral of indoor pool renovation - addition of Mason -Howes One -Way Couplet - addition of cost to issue 1982 street rehabilitation bonds - adjust Water projects for revised cost estimates - adjust parks to reflect the portion of bond issue expenses paid in 1981 October 6, 1981 $ (604,356) 250,000 10,000 (250,000) (35,000) - adjust Block 31 project to reflect the portion of the expenses paid in 1981 (300,000) TOTAL $ (929,356) Grants Grants are not included in the annual appropriations ordinance as they are appropriated at the time they are received." Councilmember Horak asked if the City was tied to the completion of the projects listed in the Resolution. City Manager Arnold replied that it was variable as some projects are in the design phase while others have the design phase completed. Councilmember Clarke expressed his concern about Transfort reserves, noting that he hoped to increase the Transfort service by keeping the 4 buses scheduled to be sold when the 4 new buses arrive. If the buses are kept, more money will be required to operate them. He noted he would rather place a $200,000 reserve into the Transfort system than to build the Mason -Howes couplet. Councilmember Horak made a motion, seconded by Councilmember Clarke, to adopt the Resolution as amended by Councilmember Clarke's suggestion. Councilmember Reeves noted she did not support the amendment but noted more information on air pollution and traffic problems was needed. Councilmember Cassell suggested the dollars earmarked for the Mason -Howes couplet be placed into capital projects without designation. Councilmember Cassell made a motion, seconded by Councilmember Elliott, to amend the Resolution by deleting the line referring to the Mason -Howes couplet and placing the $250,000 in the line titled Streets Contingency making that total $408,830. 423 October 6, 1981 Councilnember Horak spoke against the motion, noting he was against pouring more money into streets. Councilmember Clarke noted he still felt the money should be put into Transfort. The vote on Councilmember Cassell's motion was as follows: Yeas: Councilmembers Cassell, Elliott, Wilmarth, Knezovich. Nays: Councilmembers Clarke, Horak and Reeves. THE MOTION CARRIED. The vote on Councilmember Horak's original motion as amended by Council - member Cassell was as follows: Yeas: Councilmembers Cassell, Elliott, Wilmarth, Horak, Knezovich and Reeves. Nays: Councilmember Clarke. THE MOTION CARRIED. Ordinance Adopted On First Reading As Amended Appropriating the Annual Expenditures for the City of Fort Collins in 1982 and Settina the Mill Levv for Said Fiscal Year Following is the City Manager's memorandum on this item: "This Ordinance appropriates the 1982 Annual Budget of $105,346,352 and sets the mill levy at 10.7 mills. Changes from the financial statements included in the 1982 Recommended Budget are outlined in the previous agenda item." City Manager Arnold noted that the figure on the first page of the ordi- nance should be $105,151,352 and that the same amendment relative to the Mason -Howes couplet on page four would have to be made, i.e., delete Mason -Howes one way couplet and move the $250,000 to Streets Contingency, making the total $408,830. Councilmember Cassell made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 150, 1981, on First Reading, amended as described by City Manager Arnold. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. 424 October 6, 1981 THE MOTION CARRIED. Second Reading of Ordinance Adopting Final Master Drainage Plans for the McClellands and Mail Creek, Foothills and Fox Meadows Drainage Basins _ Following is the City Manager's memorandum on this item: "This is the formal public hearing on the Ordinance adopting Final Master Drainage Plans for the McClellands and Mail Creek, Foothills, and Fox Meadows Basins. The Ordinance was adopted by a 5-2 vote on First Reading on September 15. In the storm drainage ordinance of 1976 the City Council determined "that the owners of property within drainage basins in the City should provide the drainage facilities necessary for the drainage and control of flood and surface waters. Therefore, the cost of installing drainage , facilities in a drainage basin should be assessed, in whole or in part, against the lands in the drainage basin. The City Council further finds, determines and declares that all real property within a drainage basin will be benefited by the installation of drainage facilities -within the basin to the extent possible, the charges assessed against lands in a drainage basin for construction of drainage facilities should take into account the amount of stormwater which will run off such lands after they have been developed." This ordinance also created the Storm Drainage Board, charging it to divide the city into separate drainage basins, develop drainage basin master plans recommending the necessary improvement for each basin, and propose a method of financing these improvements. The Storm Drainage Board has developed basin master plans for nine (9) major drainage basins in the city, and now recommends that the City Council officially adopt the three final basin master plans and six interim basin master plans. STORM DRAINAGE MASTER PLAN "The Storm Drainage Board shall also review and make recommen- dations to the City Council on a master storm drainage plan to be developed for city-wide facilities by the city administration, such recommendations to include proposed methods of funding any master drainage plan as finally adopted." Storm Drainage Ordinance, Section 93-5 C. ' LFA I October 6, 1981 A storm drainage master plan has been completed for each of the nine major drainage basins. The master plans describe the system of storm drainage improvements required to provide safe and effective drainage within the basins. The plans were prepared by qualified consulting engineers working closely with the city staff. The improvements recommended are based on the results of cost -benefit analyses, where such analyses were appropriate, and on the adopted storm drainage design criteria. The master plans have been reviewed and accepted by the Storm Drainage Board. Each master plan consists of a report in three volumes; an executive summary, a main report, and a technical addendum. In addition to a plan of the proposed drainage improvements, the master plans include hydrologic and hydraulic data, floodplain plan and profiles, cost estimates, economic analyses, and improvement phasing schedules. The Storm Drainage Board recommends the City Council adopt the Storm Drainage Master Plan as follows: ' (1) The Foothills Basin, the Fox Meadows Basin, and the McClellands- Mail Creek Basin should be adopted as final master plans, including the full engineering reports; and (2) The remaining basins should be adopted as interim master plans, with final adoption of the engineering reports to be in the near future. The storm drainage ordinance clearly indicates that final adoption of master plans should be accompanied by proposals for funding the im- provements. At this time the Storm Drainage Board has proposed, in con- junction with the 1982 budget, plans to finance the Foothills, Fox Meadows, and McClellands-Mail Creek Basins. Final adoption of the remaining basins will be recommended when financing plans for these basins have been completed." The following persons spoke at this hearing: Phil Weathers, 3324 Pine Ridge Place, urged prompt adoption of the storm drainage plan. 2. Scott Albertson, representing Medema. Homes, questioned method of repayment to Medema Homes relating to the Fox Meadows Subdivision. I 3. Don Hale, 2636 Auscet Road, representing Meadowlark neighbor- hood and noted neighborhood storm drainage problems. 426 \1 i October 6, 1981 Councilmember Reeves asked for additional information about how many cases of reimbursement there are. Storm Drainage Engineer, Marc Engemoen, replied the City has only a speci= fic commitment to the Fox Meadows Subdivision but there are a number of subdivisions (approximately 4-5) that are in preliminary design phase. Councilmember Horak asked what was being done in the way of non-structural alternatives, i.e., flood proofing, making sure people don't build in flood plains versus building concrete channels. Mr. Engemoen replied the City was actively pursuing flood plain management which includes non-structural approaches. Councilmember Cassell made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 128, 1981, on Second Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: Councilmember Wilmarth. Resolution Approving the Execution of an Agreement ' with Pineview, Inc. in the Anticipation of the Acquisition of Certain Storm Drainage Facilities Following is the City Manager's memorandum on this item: "Recently the City of Fort Collins has adopted a number of drainage basin master plans that provide for the efficient, proper and safe passage of storm and surface ,rater through the City. Drainage facilities proposed in these master plans include regional detention ponds, open channels and storm sewers. Provided in the master plans are cost estimates for the facilities which include engineering design, land acquisition and con- struction costs. The overall financing plan for the facilities proposed in the master plans is before Council for approval. The basic concept behind the financing plan is that each property contributes to the cost of drainage improvements to the same extent that it contributes to the total amount of stormwater runoff. As a property develops, it will be required to install certain improvements; at the same time, the property's total financial responsi- bility to basin -wide drainage improvements can be calculated. If the cost of the facilities the property must construct exceeds the property's total financial responsibility, the developer is entitled to reimbursement for the excess amount. ' 427 October 6, 1981 This item was tabled to this date from August 18 to allow Council to consider the storm drainage master plans and the overall financing plan. If the master plans and financing plan are adopted, the City should enter into this agreement with Pineview, Inc. Pineview Inc. intends to develop a portion of land in the McClellands- Mail Creek drainage basin. On this parcel, the master plan proposes a large, regional detention pond to serve both this property and a number of properties upstream. The proposed facility is quite large and has a significant impact on the subject parcel. The owner has therefore re- quested an agreement with the City regarding reimbursement inasmuch as the financing plan which would address this question will not be implemented until January 1, 1982. The attached agreement provides a mechanism whereby Pineview, Inc., the owner of the property, would be reimbursed for the cost of the detention facility when the property is developed. The amount of the reimbursement will be determined by an appraisal for the right-of-way and by the cost estimates for the final engineering design. The initial estimate of the right-of-way cost is $105,000; the construction cost is estimated to be ' $134,150. Under the proposed storm drainage financing plan, these costs will be covered as this property and other properties in the basin develop and pay basin fees. The Storm Drainage Board has reviewed the attached agreement and recommends its adoption. Monies for the reimbursement would become available with the adoption and collection of basin fees after January 1, 1982. Also attached is correspondence from Mr. Lester M. Kaplan stating the owner's position on the matter." Councilmember Cassell asked the record show he did not vote or participate on this item. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt the Resolution and approve the agreement with Pineview, Inc. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Reeves and Wil- marth. Nays: None.(Cassell withdrawn) THE MOTION CARRIED. City Manager's Report City Manager Arnold reported there would be a meeting on October 12 between the Poudre Fire Authority and residents of Parklane Towers to discuss the Fire Master Plan and retrofitting their building with sprinklers. No October 6, 1981 Additionally, work has started on improvements to the intersection of Horsetooth and Timberline and that there would be a luncheon meeting with the Poudre R-1 School Board on October 27. Councilmembers' Reports Councilmember Knezovich reported on the Airport Ad -Hoc Committee relative to the status of the F.B.O., noting the new F.B.O. would be operating soon. He reported on the CML Finance Committee meeting and the status of the Downtown Development Authority's search for a director. Councilmember Elliott reported on the Poudre Fire Authority meeting and called Council's attention to a television program relating to high-rise fires to be broadcast on Saturday. Councilmember Clarke reported on the progress of the Transfort/Care-A-Van consolidation of services discussions. Councilmember Cassell reported on the CML Energy Impact Committee and the training for security personnel at Platte River Power Authority's Rawhide site.. Mayor Wilmarth reported on the timetable for purchase of property in Block 31, known at the City/County Complex Block. Executive Session Authorized. Councilmember Cassell made a motion, seconded by Councilmember Reeves, to adjourn into Executive Session for the purpose of discussing legal matters. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Adjournment Councilmember Cassell made a motion, seconded by Councilmember Reeves to adjourn the meeting to 1:00 p.m. on October 13. Yeas: Councilmember Cassell, Clarke, Elliott, Knezovich, Reeves and Wilmarth. Nays: Council - member Horak. THE MOTION CARRIED. 429 The meeting adjourned at 10:25 p.m. Mayor October 6, 1981 430