Loading...
HomeMy WebLinkAboutMINUTES-10/05/1982-Regular' October 5, 1982 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, October 5, 1982, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council members: Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Absent: None Staff Members Present: Arnold, Krajicek, Huisjen, Denton, Lewis, Bob Lee, Hays, Griep, Osborne, Curt Smith, Rupel, Ron Wood Agenda Review: City Manager City Manager John Arnold suggested items withdrawn from the Budget Consent portion of this meeting be considered after the balance of the Budget Consent was adopted. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #42, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be dis- cussed immediately following the Consent Calendar. 4. Consider Approving the Minutes of the regular meeting of September 5. Second Reading of Ordinance No. 107, 1982, Amending the Code as it Pertains to the Public Library. This ordinance was unanimously adopted on First Reading on September ' 21 and revises Chapter 71, Article I of the Code of the City of Fort -446- October 5, 1982 ' Collins as it pertains to the Public Library. The revisions were requested by the Public Library Board to concur with the Charter revision of Article XX approved by the voters in the election of April 5, 1977, and to conform with current practices. 6. Second Reading of Ordinance No. 108, 1982, Transferring $35,000 from inor treets Caoita to the Lemay and HorsetoothMedian Project. This Ordinance was unanimously adopted on First Reading on September 21 and authorizes the transfer of $Y',000 from Streets Minor Capital to the Lemay and Horsetooth Median Project. The improvements for the medians on Horsetooth will consist of a high level of landscaping and installing a drip irrigation system. The improvements for the medians on Lemay will consist of finishing the landscaping and placing a lower level of maintenance median cover. A water tap is not available to the Lemay medians, therefore, the landscaping will have to be designed with plants requiring minimum watering. The total project has been estimated to cost $35,000. 7. Second Reading of Ordinance No. 109 1982, Appropriating Unanticipated Revenue in the Capital Projects Fund. On September 7 Council adopted a Resolution which authorized the ' filing of an amendment to the Section 3 Grant under the Urban Mass Transportation Act of 1964, as amended. This amendment provides an additional $200,000 in Federal monies for Transfort capital improve- ments, with local matching funds of $50,000 required. This Ordinance which was unanimously adopted on First Reading on September 21 appropriates the federal grant and matching monies needed totalling $230,254 in the Capital Projects Fund. 8. Second Reading of Ordinance No. 110, 1982, Appropriating Monies in the General and Caoital Projects Funds. Currently, the City and the County are. recommending that the project proceed. The current project cost for the Block 31 parking lot estimate is $690,800, with a proposed 50/50 sharing of these costs between the City and the County. Of the total combined contributions of $690,800, $409,560 has already been appropriated as part of the City's 1982 Budget. This Ordinance was unanimously adopted on First Reading on September 21 and appropriates the following: $85,840 in the General Fund to be transferred to the Capital Pro- jectsI Fund. -447- October 5, 1982 • $281,240 in the Capital Projects Fund: Transfer from General Fund $ 85,840 County contribution 195,400 TOTAL $281,240 9. Hearing and First Reading of Ordinance No. 112, 1982, Transferri 250.000 from the Mason Howes One Way Couplet Project and 100,0 from the Continnencv for the Pool to Capital Reserves in the l:apitai Based on City Council direction regarding the 1983 Budget, funds currently appropriated for the Mason/Howes One Way Couplet project in the amount of $250,000 and the Contingency for the Pool in the amount of $100,000 will be transferred to Capital Reserves in the Capital Projects Fund in order to be used for 1983 Capital projects. 10: Resolution Authorizing the City to Enter into an Intergovernmental Agreement with Larimer County for the Acquisition of Property in Block 31. ' This Resolution will permit the City to enter into an intergovern- mental agreement with the County for the purpose of sharing the costs associated with purchasing the six parcels purchased on Block 31. The cost of these parcels is $690,800. 11. Resolution Accepting Improvements on Sidewalk Improvement District 8 and r ering Notice of Assessments to be Publishe . This project constructed a sidewalk along the west side of Shields Street from Bennett Road to Prospect Road. Construction included placement of sidewalk, replacement of curb and gutter, minor street widening and landscaping. Major construction on the sidewalk took place in 1980. Some minor work was completed in 1981. The total cost of the project was $61,346.27 with the City's share being $56,955.07 and the assessable portion being $4,391.20. The assessment rate is $8.80 per front foot. 12. Resolution Accepting Improvements in District 74 and Ordering Notice of Assessments to be Published. This project widened West Mulberry Street from Crestmore Place to west of Tyler Street into a four lane arterial with bike lanes. Construc- tion included installation of curb, gutter, sidewalks, paving, street lights, traffic lights, and replacement of an irrigation line serving ' City Park. -448- October 5, 1982 13. Routine Easements. The following are routine power line easements requiring Council approval. These easements have been reviewed and approved by the affected departments and legal staff. a) Power line easement from La Petite Academy, Inc., located at 4525 Boardwalk Drive, needed to provide electric service to La Petite Academy Day Care Center and surrounding areas. Consideration: $1. b) Power line easement from Alden T. and Alden V. Hill, located at 160 West Mountain Avenue. This easement accommodates underground electric service construction that will facilitate future removal of overhead pole lines. Initially, electric service will be provided to the remodeled Hill and Hill building as consideration for the granting of a utility easement. The cost of underground electric facilities will be recovered from future developments taking service from the facilities. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 107, 1982, Amending the Code as it Pertains to the Public Library. Item #6. Second Reading of Ordinance No. 108, 1982, Transferring $35,000 from Minor Streets Capital to the Lemav and Horsetooth Median Item #7. Second Reading of Ordinance No. 109, 1982 cipated Revenue in the Capital Projects Fu Item #8. Second Reading of Ordinance No. 110, 1982 in the General and Capital Projects Funds. iating Unanti- riatina Monies Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #9. Hearing and First Reading of Ordinance No. 112, 1982, Trans- ferring $2 ,0 from the Maso. Howes Or.e Way CouQlet Project and from the ontingency Tor t e oo to apita eserves in the Capital Projects Fund. Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. -449- October 5, 1982 Resolution Authorizing the Purchase of Property for the Jefferson Street Parking Lot Following is the staff's memorandum on this item: "City Council originally appropriated $106,500 from the Capital Projects Fund to buy land for the Jefferson Street Parking Lot on May 4, 1982. Since then staff has been investigating different ways to finance the development costs. Staff pursued the possibility of borrowing part of the money necessary for the project, but was not able to do so at a reasonable interest rate. Staff is now recommending that the land be purchased with the money which has already been appropriated from the Capital Projects Fund. The Parking Fund would pay back the Capital Projects Fund over a period of five (5) years. Development costs, estimated at $70,500 would be appropriated from the Parking Fund in 1983. The project is supported by the DDA, the Parking Commission and Fort Town. ' It was evaluated and recommended through the Capital Project Priority Rating System." Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Councilmember Wilmarth expressed his concerns about this purchase question- ing the price per square foot and noting he felt it was too high. He asked how the lot was going to be used and noted he felt the action was premature when revenue sources are questionable, development monies are not fixed and no comprehensive parking lot plan exists. Public Works Director Roger Krempel replied that the cost per square foot was $5.00 and the staff felt that was a reasonable price. He added the development of the lot was planned for 1983; probably early summer. He noted his staff was working with the Parking Commission, Downtown Develop- ment Authority, and the Old Town merchants to draft an overall downtown parking plan and a parking policy that outlines the responsibilities of the Parking Commission and the Downtown Development Authority. A joint com- mittee made up of 3 members of each organization has been formed for the further development of this policy. Councilmember Knezovich noted that by his calculations the City would be spending 76% of the total resources of the Parking Fund for the next 5 years on this small lot. He felt it was an unwise use of money and there were other parking projects to be considered. -450- October 5, 1982 ' Councilmember Reeves supported the purchase noting she felt parking on a smaller scale was needed. She added she felt the downtown parking problem was not going to be solved by one large project but by several of these incremental steps. Councilmember Elliott noted he felt this lot was a step in .the right direction and an opportunity that might not come up again. Jim Woods of the Parking Commission noted he had spoken with two commercial appraisers who agreed with the $5 per square foot price. He noted that while the Parking Commission hopes some of the large projects will become a reality, they feel it's prudent to plan for the near term. Richard Olson, President of Fort Town, voiced his group's support for this purchase, noting they felt the problem needed to be addressed on a smaller scale. Mel Soderquist, Old Town Woodworks, supported the purchase on behalf of the Jefferson Street merchants. The vote on Councilmember Reeves motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Reeves. Nays: Councilmembers Knezovich and Wilmarth. THE MOTION CARRIED. Resolution Authorizing the Execution of a Contract with Empire Laboratories, Inc. for Laboratory Testing Services, Adopted Following is the staff's memorandum on this item: "Professional laboratory services are needed during the Sludge Management Facilities construction contract for the following purposes: 1) Sample and test soils including observation of methods. 2) Sample and test concrete including observation of methods. 3) Sample and test asphalt including observation of methods. 4) Provide professional engineering services for evaluation of special soils, materials, aquifer and procedural problems. The prescribed Professional Services Selection procedures were employed and I resulted in selection of Empire Laboratories, Inc. -451- October 5, 1982 Since this project is partially funded through the EPA Construction Grants program, State and EPA approval is required. Further, our agree- ments with Black & Veatch engineers and with Orville E. Madsen & Son, Inc. require us to obtain their approval. Each of these parties has approved of our selection of Empire Laboratories, Inc. Funds are budgeted and available." Councilmember Clarke 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. Resolution Setting Forth the Intent of the City to Issue IDRB's for Roush -Mitchell Venture, Adopted Following is the staff's memorandum on this item: ' "The City has received an IDRB application in the amount of $10 million for the construction of a hotel -conference center from E.E. Mitchell & Company and R.D. Roush Management Company. The application has been evaluated by the Finance, Legal, and Planning and Development departments and as a result of that evaluation, staff is recommending approval of the attached inducement resolution. The Application specifically addressed each applicable provision of the Policies and Procedures for the issuance of IDRB's as adopted by City Council in Resolution 82-25. The evaluation of the application was based upon the content of the application and its consistency with Resolution 82-25. Councilmembers Cassell and Knezovich vote or participate in the discussion chaired this portion of the meeting. asked the record to show they did not of this item. Councilmember Wilmarth Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Finance Director Ron Wood gave a brief presentation and summarized the evaluation process that was completed by staff. He noted representatives of the applicant were present for questions. Gene Mitchell of E. E. Mitchell and Company spoke on behalf of the applica- tion noting he felt this project had a higher probability of being built -452- October 5, 1982 ' than others Council has been acquainted with. He urged support of the Resolution. Roger Prenzlow, 1337 West Vine, realtor, spoke in opposition to the use of IDRB' s for this purpose. He read his recent letter to the editor of the Coloradoan and urged defeat of the Resolution. The vote on Councilmember Horak's motion to adopt the Resolution was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Reeves, and Wil- marth. Nays: None. (Cassell and Knezovich withdrawn) THE MOTION CARRIED. 1 Citizen Participation A. Proclamation Naming October as Toastmistress Month, accepted by a member of the Columbine Chapter of Toastmistress International. Lisa Curtis, Graduate Director of Consumer Services as Colorado State University, expressed a need for a Better Business Bureau in Fort Collins I to handle complaint items. Joe Stern, 1221 LaPorte Avenue, appeared to ask Council to reconsider the nuclear freeze issue. Mary Carnevale, Community Affairs Director, A.S.C.S.U., urged all to attend a candidate forum on October 12 at 6:30 p.m. John Payne, 1115 West Magnolia, asked that the nuclear freeze issue be placed on a City ballot. Appeal from the Planning and Zoning Board Decision of August 23 Regarding the Amendment to Fairview PUD Phase 2 Following is the staff's memorandum on this item: "On September 3, Restaurants West, Inc. owner and operator of the Wendy's Restaurant on West Elizabeth submitted a notice of appeal from the action of .the Planning and Zoning Board taken at its August 23 meeting, approving :.the application of Taco Bell to amend the Fairview P.U.D., Phase Two. .Their notice of appeal outlines the grounds for the appeal and is attached. ' -453- October 5, 1982 Nature of Review Article V (Planning and Zoning Board Authority) of Chapter 2 of the Code of the. City of Fort Collins authorizes the Board to take final action on all planning items and, furthermore, sets forth the procedure for appealing of decision of the Board to the Council. The appeal procedure requires the appellant to submit written notice to the City Clerk and provides for the City Clerk to send written notice of the appeal to the appellant, the developer and all landowners within 500 feet of the location of the planning item. Though the Board action is being appealed, Section 2-16.1 (Nature of Review) of the Code provides: Section 2-16.1. Nature of Review. a. An appeal from a final decision of the Planning and Zoning Board shall be a new hearing which shall consist of consideration of any relevant evidence or argument based on the evidence. In considering this appeal, the Council is, in essence, acting as the ' Board and should review the land use impact of the proposed development, the evaluation of the proposed development under the Land Development Guidance System for planned unit developments and any other relevant evidence. BACKGROUND This is a request to amend Phase Two of The Fairview PUD to include a fastfood restaurant with a drive -through facility. The Fairview PUD, zoned B-P, is a 4-acre parcel located on the south side of West Elizabeth Street between City Park and Bryan Avenues. The PUD, as first approved in 1977 and later revised in 1979, proposed four phases of development total- ing 32,485 sf of commercial space: Phase 1: Restaurant, 6,223 sf (existing Chesterfield, Bottomsley and Pott's Restaurant); Phase 2: a. Restaurant with drive -through, 2,400 sf (existing Wendy's); b. Commercial/retail, 4,800 sf (vacant); Phase 3: Retail shops, 4,032 sf (vacant); Phase 4: Retail shops, 15,000 sf (vacant); Total Parking: 248 spaces (1:300 sf). Specifically, Phase Two of, the PUD was approved as follows (1979 revi- sions) : -454- October 5, 1982 ' 1. A 2,400 sf fastfood restaurant with a drive -through facility (presently occupied by a 2,100 sf Wendy's restaurant). 2. A 4,800 sf commercial/retail building site within which a wide range of uses are permitted without amending the PUD (for example, standard restaurants, general retail shops, personal service shops, and commer- cial recreational facilities). 3. Sixty-four (64) parking spaces to be shared by all uses in Phase Two. Parking spaces are not assigned to any particular use on the site plan. 4. Two driveway accesses onto West Elizabeth: one Exit Only on the east side of Wendy's; and one In/Out on the west side of Wendy's. This second access is presently signed "Enter" however it is 28-feet wide and is approved for two-way traffic. The amendment request proposes the following specific changes to the approved site plan for Phase Two: 1. Elimination of the approved commercial/retail building site and introduction of a Taco Bell Restaurant with a drive -through facility (Planning Objectives for this project, as submitted by the applicant, ' are enclosed as Exhibit 1). 2. Reduction in the size of the building envelope from the approved 4,800 sf to 1,646 sf. 3. Corresponding reduction in parking spaces from the approved 64 spaces to 53 spaces. 4. Utilization of the existing curb cut to the west of Wendy's for two-way access into the site. ISSUES A PUD amendment request is considered by staff to be a new proposal and thus, any change in land use and site design are evaluated against the Land Development Guidance System. Impacts of the Taco Bell proposal were reviewed by staff in terms of the existing situation on -site and what was previously approved on -site. Specifically, staff review centered on two main issues: traffic, its impact on West Elizabeth Street, and on internal circulation; and on the adequacy of on -site parking. '1. Traffic Two traffic analyses, addressing the amendment proposal, have been sub- ' •mitted to the City. The first of these, conducted by Mr. Matthew Delich, -455- ' October 5, 1982 Traffic Engineer, was submitted by Taco Bell in support of their amendment request (Exhibit 2). The second report, conducted by Krubeck Engineering - Surveying, Inc., was submitted in support of the opponent's request to appeal the decision of the Planning and Zoning Board (Exhibit 3). A memorandum from Mr. Rick Ensdorff, Traffic Supervisor, analyzing these two reports is enclosed as Exhibit 4. In summary, it is staff's conclusion that: a. Traffic generated by the proposed Taco Bell can be adequately integrated into the existing street system; b. On -site circulation, as proposed on the amended site plan, is adequate to accommodate both fastfood restaurants and drive - through facilities. 2. Parking Staff has examined a number of variables related to parking demand and have reached the conclusion that the 53 parking spaces proposed on the amended site plan are adequate for both users of the site. a. City's Parking Guideline The City's parking guideline recommends that a range of 12-17 parking spaces per 1,000 sf be provided at a fast-food restaurant. Using the average within this range, the following number of spaces should be provided for both uses: 2,100 sf (existing Wendy's) = 30 parking spaces 1,646 sf (proposed Taco Bell) 23 parking spaces TOTAL 53 parking spaces Staff is comfortable using the average figure since the parking guideline is based on a standard fast-food restaurant without a drive -through facility. Existence of a drive -through facility will lessen the parking demand on -site. b. Parking Ratio The parking ratio (parking spaces/building square footage) has increased on this site plan amendment: 70 parking spaces/7,200 sf = 1 parking space/103 sf original ' 64 parking spaces/6,900 sf = 1 parking space/108 sf revised 53 parking spaces/3,746 sf = 1 parking space/71 sf proposed. -456- c. Range of Approved Uses October 5, 1982 ' As. was previously stated, a wide range of uses -are permitted on the presently approved 4,800 sf commercial/retail building site. A number of these uses have a higher parking requirement than the 23 parking spaces required by Taco Bell. Any of the following uses, all of which are feasible given the site's loca- tion, would be allowed on -site without any amendment to the PUD: 1. Standard (sit-down) restaurant 10 parking spaces/1,000 sf (guideline) = 48 spaces 2. Bar (drinking and dancing) 10 parking spaces/1,000 sf (guideline) = 48 spaces 3. Commercial recreation (video, pool, etc.) 6 parking spaces/1,000 sf (guideline) = 29 spaces 4. General retail (clothing, sporting goods, etc.) 4 parking spaces/1,000 sf (guideline) = 19 spaces 5. Personal service shops (haircutters, laundry, etc.) , 4 parking spaces/1,000 sf (guideline) = 19 spaces d. Comparison to Other Wendy's Fort Collins Facility Using a different method to determine parking requirements, the ratio of indoor seating to parking spaces, the West Elizabeth Wendy's compares favorably to the Wendy's facility on South College Avenue. West Elizabeth: 99 seats/42 parking spaces = 2.35 seats/ parking space South College: 75 seats/30 parking spaces = 2.5 seats/ parking space The West Elizabeth Wendy's experiences a number of pedestrians and bicyclists which are not present at the South College restaurant. In checking with the Wendy's corporate office in Dublin, Ohio, Steve Harness, Director of Franchise Engineering, indicated that their office would recommend that a minimum 30 parking spaces be provided for a restaurant with 75 seats. e. Differences in Peak Hours The Wendy's management has indicated to staff that peak hours for , their restaurants occur during the noon hour (12-1) and dinner -457- 1 1 October 5, 1982 hour (5-6). Taco Bell, in comparison, submits that nationwide their peak hours occur from 7-10 p.m. (refer to Exhibit 5). This comparison of use of the two facilities indicates that peak hours parking demands are significantly different for both. f. Parkinq Lot Observations From August 25, 1982 to the present, City staff has informally and on a random basis, been out at the West Elizabeth site to observe parking and traffic flow. Listed below are a number of observa- tions: 1. At no time were there more than 40 cars parked on the site during the noon hour; 2. Wendy's employees park in "prime" parking spaces adjacent to the restaurant; 3. Cars block parking spaces while stacking behind the Wendy's order board; 4. Customers for Chesterfields, Bottomsley, and Potts park on the Wendy's site and walk to the restaurant; 5. The entire back row of parking along the north fence (17 parking spaces) is not utilized. g. Parkin Counts and Analyses Conducted on tem er 1982. 23 and A parking survey was conducted by Mr. Matthew Delich, Traffic Engineer, on September 23 and 24, 1982. His survey and conclu- sions are enclosed as Exhibit 6. RECOMMENDATION Staff recommends approval of the amendment to the Fairview PUB Phase Two. The Planning and Zoning Board first reviewed the amendment to Fairview PUD Phase Two at their regular meeting on July 26, 1982. At that time the Board voted to table the item for one month to allow the applicant to redesign the drive -through facility. The Board then reviewed the re- designed site plan at their August 23, 1982 meeting and voted 5-2 to recommend approval of the item. A transcript of this second meeting is enclosed as Exhibit 7." -458- October 5, 1982 1 Councilmember Clarke made a motion, seconded by Councilmember Reeves, to uphold the decision of the Planning and Zoning Board. Development Center Director Mauri Rupel gave a brief presentation showing the location and various aspects of the project. He noted that after careful review staff was recommending approval of the project. David Wood, attorney representing the owners and operators of the Wendy's Restaurant, the appellants, asked Council to reverse the decision of the Planning and Zoning Board. He reiterated the 3 allegations of error cited. in his notice of appeal and clarified the reporter's transcript with regard to his statements about traffic flow. He reviewed the parking requirements for the site and reviewed the staff parking comparisons and conclusions that were submitted. He noted Wendy's position was not in opposition to competition but in opposition to the density that would be imposed. He again urged reversal of the Planning and Zoning Board's decision. Bill Brenner, Robb and Brenner, representing Taco Bell, commented on the measures they had taken to comply with the City's requirements and sugges- tions. Councilmember Clarke asked about the signage that would help to direct traffic on the sites. Development Center Director Mauri Rupel replied there would be signing and traffic painting on both the Wendy's and Taco Bell sites to try to direct traffic around the area on the inside. Additionally, a right turn only sign would be placed at the east exit. Director of Planning and Development Curt Smith spoke about how the site might have developed if both proposals had been submitted simultaneously. Councilmember Wilmarth noted he felt the burden of proof was on those who seek to amend the PUD and that Taco Bell had not met that burden of proof. He added he would support the Wendy's position. Councilmember Clarke stated he felt the overall parking impact was miti- gated by the different hours of operation and noted he would support the motion. The vote on Councilmember Clarke's motion to uphold the decision of the Planning and Zoning Board was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, and Reeves. Nays: Councilmembers Horak, Knezovich, and Wilmarth. THE MOTION CARRIED. , -459- 11 October 5, 1982 Ordinance Providing for the Imposition of an Additional Seventy-five Hundredths percent (.75%) Retail Sales and Use Tax to be effective December 1, 1982, Adopted on First Reading Following is the staff's memorandum on this item: "As part of the 1983 Budget process, the City Manager recommended a mill levy increase of .7 mills to fund parks operation and maintenance costs, and an additional 3/4 ¢ sales and use tax to fund streets capital projects. Based upon preliminary City Council direction, the .7 mill levy increase has been deleted and the additional 3144 sales and use tax will be used for parks operation and maintenance costs and general City capital improvements including streets capital projects. This ordinance implements the addition of the 3/4� sales and use taz to our existing tax, making a total of 3%, effective December 1, 1982. Implemen- tation of this ordinance in December will provide twelve (12) months of sales and use tax receipts at the 3% rate." Budget Director Phyllis Griep spoke about the budget process and reviewed the recommended changes that were incorporated in the budget related items as a result of recent work sessions. City Manager Arnold stated he hoped the agenda was reflective of the direction staff heard at the last work session. Councilmember Knezovich made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 113, 1982, on First Reading. Warren Scott, 2216 Loyola, spoke in opposition to the proposed 3144 sales tax increase. Elizabeth Cline, 2813 Sumac, also opposed the proposed sales tax increase. Councilmember Wilmarth questioned why the proposed sales tax increase carried an effective date of December 1, 1982 rather that January 1, 1983. City Manager Arnold replied that it was to make the tax effective for the full period of time needed to raise the $3.7 million budgeted. Councilmember Horak offered a revised budget that would have deleted the 3/44 tax increase; deleted the Old City Hall renovation; cut streets from $3.4 million to $1.2 million with at least $700,000 earmarked for street -460- October 5, 1982 , rehabilitation; and reduced the General Fund by 4% with the already in place cost control budget. These reductions would offset the $3.7 million revenue anticipated by the proposed 3/44 sales tax increase. Councilmember Wilmarth noted he had serious questions about the 3/44 increase but that he could not identify a single project on the list that was not necessary. He felt he could support the tax with the deletion of the proposed .7 of a mill property tax increase. Councilmember Elliott noted he felt the 3/44 increase was made slightly more acceptable with the addition of the sales tax rebate on food that will be implemented. Councilmember Reeves stated she felt the Old City Hall had reached a point that if it was not maintained, more money would be spent in the long run. She added she feld the City has a responsibility for the Prospect/Timber- line intersection and South Lemay. She added that those were real costs that Council was facing and needed to find money to take care of and noted she would support the tax. The vote on Councilmember Knezovich's motion to adopt Ordinance No. 113, 1982 on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Knezovich, Reeves, and Wilmarth. Nays: Councilmember Horak. , THE MOTION CARRIED. Resolution Adopting the Financial and Management Policies Relatinq to the 1983 Budqet, Adopted Following is the staff's memorandum on this item: "The 1982 Budget included 23 financial and management policies used in developing the 1982 Budget. These policies were also used in developing the 1983 Budget. Minor adjustments have been made, with major revisions and additions highlighted below. 0 Sales Tax Distribution Policy - revised to reflect the addition of of a It Sales Tax. 6 Enterprise Fund Policy - revised to reflect the ac- counting of the Transfort and Lincoln Center operations as part of Special Revenue Funds. ® Payment - in -Lieu -of Taxes - revised to reflect the Light & Power Fund paying for streetlighting and reducing I the Light & Power PILOT accordingly. -461- ' October 5, 1982 0 Cultural Services and Facilities - this is a new policy added to reflect recovery rates for this Fund. 0 Pay Plan - added to the budget policies to reflect how the pay plan will be addressed for 1983. 0 Rebate Programs - adjusted to reflect the addition of a SalesTax--ebate Program for food in 1983. This Resolution formally adopts these policies." Councilmember Knezovich made a motion, seconded by Councilmember Reeves, to adopt the Resolution. Councilmember Elliott asked for clarification on the policy pertaining to the sales tax rebate on food. Deputy City Manager Meitl replied that this rebate program would follow the same guidelines set up by the Senior Citizens Board for the property tax and utility charge rebate program. ' Councilmember Knezovich noted he had serious reservations about the policy dealing with the Pay Plan and the City of Fort Collins continuing the upper third pay philosophy. He hoped Council would be able to come up with a more equitable solution in the future. The vote on Councilmember Knezovich's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Budget Consent Items Items 25-39 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 and will be considered after the balance of the Budget Consent is adopted. 25. Hearing anri d First Reading of Ordinance No. 114, 1982, Relating to as ec Rettc Rates tor Service. The proposed Ordinance is presented to implement rates in conjunction ' with the 1983 Light and Power Utility Budget. -462- October 5, 1982 The rate tariffs incorporated in this Ordinance are designed to increase revenues from all rate classes by 4.0% across the board, producing additional electric sales revenue of $983,864. IMPACT OF THE PROPOSED JANUARY 1, 1983 RATE ADJUSTMENT ON THE AVERAGE RESIDENTIAL CUSTOMER Present Proposed Difference Gas Heat $29.88 $31.10 $1.22 (450 kwh) Electric Heat $63.60 $66.13 $2.53 (1,200 kwh and 11.2 kw demand) The proposed Ordinance will become effective on all billings rendered on or after. February 11, 1983, relating to services provided during the month of January, 1983, and thereafter. 26. Hearin and First Reading of Ordinance No. 115, 1982, Amending Chapter ' 2 of the Code Relating to service Charges for Water and Sewer Service. The 1983 Water Fund and Sewer Fund Budget, as presented to City Council, will require that the existing water service fees be in- creased 11-112 percent and the existing sewer service fees be in- creased 14 percent. During 1983, for an average single family residence, the proposed service fee charges will result in an increase in the monthly service charges of $1.58 for water and $1.23 for sewer. The total monthly service charge, for the same average single family residence, would be $13.80 for water and $10.01 for sewer. 27. Adoption of Drainage Master Plans and Establishment of Storm Drainage ees for 19 . A. Hearing and First Reading of Ordinance No. 116, 1982, Adopting Final Master Drainage Plans for the Dry Creek, Evergreen Park, Greenbriar, West Vine, Canal Importation, and Spring Creek Basins. B. Hearing and First Reading of Ordinance No. 117, 1982, Amending Chapter 93 of the Code of the City of Fort Collins Relating to Storm Drainage Fees I -463- I These ordinances take the following actions: October 5, 1982 (1) adopt drainage basin master plans in the Dry Creek, Evergreen Park, Greenbriar, West Vine, Canal Importation, and Spring Creek basins; (2) establish new monthly capital and basin (plant investment) fees for these six basins; (3) set the 1983 rates for the monthly capital utility fees in the three basins which already have capital fees; and (4) set the 1983 rate for the monthly, city-wide operations and maintenance utility fee. 28. Hearing and First Reading of Ordinances Relating to Licensed Occupa- tions. A. Hearing and First Reading of Ordinance No. 118, 1982, Amending the Code Relating to Trash Haulers Licenses. .B. Hearing and First Reading of Ordinance No. 119, 1982, Amending the ' Code Relating to Miscellaneous and Amusement Licenses. The ordinances amend the fees for these licenses as follows: 1982 1983 FEE FEE Bowling Alley $ 50/Year $ 55/Year Dance Hall $ 75/Year $ 80/Year Motion Picture Theatre $100/Year $110/Year Drive -In Theatre $ 75/Year $ 80/Year Game Machine (per machine every 6 months) Foosball, Air & Electric $ 35 $ 37.50 Pinball $ 50 $ 53 Pool Tables $ 7.50 $ 8 Pawn Broker $ 50/Year $ 55/Year Carnival $ 75/Day $ 80/Day Trash Hauler II $ -- $ 30/Year/1st Truck $ 10/year/Additional Truck 29. Ordinances Relating to Repeal of Contractor Occupation Taxes and iustment of RelatedLicense/Registration Fees. ' A. Hearing and First Reading of Ordinance No. 120, 1982, Repealing Occupational Taxes Levied Upon Electrical Contractors, Plumbing or -464- October 5, 1982 ' Mechanical Contractors and Heating and Air Conditioning Contrac- tors. B. Hearing and First Reading of Ordinance No. 121, 1982, Increasing Annual Registration Fee for Electrical Contractors. C. Hearing and First Reading of Ordinance No. 122, 1982, Increasing Annual License Fee of Master Sheet Metal Workers and Repealing Annual License Fees for Journeymen Sheet Metal Workers and Ap- prentice Sheet Metal Workers. D. Hearing and First Reading of Ordinance No. 123, 1982, Increasing the Annual Registration Fee of Master Plumbers and Repealing Annual Registration Fees of Journeymen Plumbers and Apprentice Plumbers. 30. Hearing and First Reading of Ordinance No. 124, 1982, Amending Sectn 105-1 of the City Code Providing for a Tax on Telephone Utiliio ties of Der AcFount Der Month. This Ordinance increases the telephone utility tax from $.65 to $.70 I in conjunction with the 1983 budget. Increased revenue of $18,036 is projected based upon this adjustment. 31. Ordinances Establishing New Funds for the Implementation of the 1983 Annual City Budget. A. Hearing and First Reading of Ordinance No. 125, 1982, Creating a Communications Fund. B. Hearing and First Reading of Ordinance No. 126, 1982, Creating a Cultural Services and Facilities Fund. C. Hearing and First Reading of Ordinance No. 127, 1982, Creating a Recreation Fund. D. Hearing and First Reading of Ordinance No. 128, 1982, Creating a Transportation Fund. 32. Hearing and First Reading Ordinance No. 129, 1982, and Resolution Relating to 1983 Budget for the Downtown Development Authority. A. Resolution Adopting 1983 Downtown Development Authority Budget. The proposed 1983 Downtown Development Authority Budget has been ' approved by the Downtown Development Authority Board 'of Directors. -465- IOctober 5, 1982 The budget as proposed would maintain the present staffing levels and offices of the DDA as well as provide an initial payback on the outstanding loan to the City. This budget will allow the DDA to continue on its program of encouraging economic development of the downtown. B. Nearing and First Reading of Ordinance No. 129, 1982, Setting the Mill Levy for the Downtown Development Authority for 1983. The Ordinance sets the 1983 mill levy for the Downtown Development Authority at 5 mills. This remains the same as the levy deter- mined for 1982. 33. Resolution Adopting 1983 Recreation Division Fees and Charges. The 1983 Recreation Division Fees and Charges schedule remains con- sistent with the Parks and Recreation Fees and Charges Policy adopted by City Council in 1980, wherein the Recreation Division is required to recover a minimum of 50% of its total cost in revenue generated through fees and charges. It is projected that the Recreation Divi- sion will recover approximately 53% of its total cost in 1983. 34. Resolution Adopting 1983 Fees and Charges for Municipal Cemeteries. The 1983 Cemetery Fees and Charges Schedule fulfills the budgetary needs. Generally speaking, grave space costs will be increased 10% in 1983, and miscellaneous fees will also increase 10%. 35. Resolution Adopting 1983 Fees and Charges Schedule for all Municipally ourses. The 1983 Budget for the Golf Fund proposes receiving $420,000 in total operating Revenues, which is 10.5% more than the revised 1982 pro- jection of $380,213. In order to achieve this large amount, 1983 Fees and Charges will have to increase accordingly. The main reasons for this 10.5% increase in 1983, and another 9.5% increase in Projected Operating Revenues in 1984, is the loss of the $28,000 annual average subsidy from Revenue Sharing, and a realistic Capital Outlay Program. Since Golf is now required to be 100% self-supporting, as per City Council direction, some large increases are necessary. 36. Resolution Adopting a Rate Schedule for Use of. Lincoln Center Facil- ities and Setting Criteria for Performing Arts Programs. The proposed rate increase for rentals at Lincoln Center reflects an increase of 10% for all areas with the exception of private receptions -466- 1 October 5, 1982 in the Ludlow Room which reflect a 25% increase. The 10% increase is based on inflation and higher utility rates. The increase for private receptions in the Ludlow room is proposed following the complete remodeling, making the room into a much more attractive space. The rate increases still keep the Center competitive with similar rooms and facilities throughout the city., To offset spiraling costs in touring arts entertainment, the Lincoln Center Arts Series season tickets were increased by 6%. In addition, the number of shows were reduced from nine to eight. 37. Resolution Establishing a Library User Fee for Non -City Residents and ee. The Fort Collins City Library serves city and county residents and the County makes a contribution towards expenses. Currently, 26% of all registered borrowers are non -city residents. Based on 1983 budget figures, an equitable city/county funding breakdown is: 1983 Library Budget $734,112 % Non -City Borrowers X .26 ' County's Fair Share $190,869 Projected 1983 County Contribution-64,727 Additional Funding Needed from County $126,142 38. Resolution Adopting the 1983 Fort Collins -Loveland Airport Budget. This is the budget as developed by the Airport Committee during the past 5 months. Both the cities of Fort Collins and Loveland need to approve the budget for enactment. There are essentially two reasons for the various changes in the budgeted and proposed 1982 budget and the proposed 1983 budget: (1) the Fixed Base Operator (FBO) agreement with Airwest Aviation; and, (2) the $2M bond issue approved in 1980 by the two City Councils for capital improvements. 39. Resolution Adopting 1983 Poudre Fire Authority Budget. The proposed 1983 Poudre Fire Authority Budget has been approved by I the Poudre Fire Authority Board of Directors. -467- 1 October 5, 1982 The budget as proposed would retain the three firefighter positions and the affirmative action program (cadet) which were initially targeted for elimination during the 1982 budget reduction schedule. It would eliminate the position of the administrative aide to the Fire Chief, but otherwise will maintain 1982 staffing levels. Training and education programs will be continued at reduced levels, and a minimum equipment maintenance and replacement program will be sustained. An adjustment for the 1983 Pay Plan has not been included at this time. The proposed budget includes $5,000 for contingency. Councilmember Clarke asked that Item #28, Hearing and First Reading of Ordinances Relating to Licensed Occupations, and Item #35, Resolution Adopting 1983 Fees and Charges Schedule for all Municipally Owned and Operated Golf Courses, be withdrawn from the Budget Consent Calendar. Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to adopt and approve all items not removed from the Budget Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinances Relating to Licensed Occupations Adopted on First Reading Following is the staff's memorandum on this item: "A. Hearing and First Reading of Ordinance No. 118, 1982, Amending the Code Relating to Trash Haulers Licenses. B. Hearing and First Reading of Ordinance No. 119, 1982, Amending the Code Relating to Miscellaneous and Amusement Licenses. The attached ordinances amend the fees for these licenses as follows: 1982 1983 FEE FEE Bowling Alley $ 50/Year $ 55/Year Dance Hall $ 75/Year $ 80/Year Motion Picture Theatre $100/Year $110/Year Drive -In Theatre $ 75/Year $ 80/Year Game Machine (per machine every 6 months) Foosball, Air & Electric $ 35 $ 37.50 Pinball $ 50 Pool Tables $ 7.50 Pawn Broker $ 50/Year Carnival $ 15/Day Trash Hauler II $ -- October 5, 1982 $ 53 $ 8 $ 55/Year $ 80/Day $ 30/Year/1st Truck $ 10/year/Additional Truck These fee adjustments, as recommended, are consistent with the policy related to General Fund Fees and Taxes." Councilmember Clarke stated there was one particular type of entertainment and amusement not on the list - adult book stores. He suggested an amend- ment to Ordinance No. 119, 1982, to add adult book stores with an annual fee of $1,500. Mayor Cassell noted Ordinance No. 118, 1982, should be dealt with first. Councilmember Clarke made a motion, seconded by Councilmember Wilmarth, to adopt Ordinance No. 118, 1982 on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Wilmarth asked the record to show he did not vote or partici- pate in the discussion of Ordinance No. 119, 1982 because of his interest in a local bowling alley. Councilmember Reeves made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 119, 1982 on First Reading. Councilmember Clarke made a motion, amend the Ordinance to include adult year. seconded by Councilmember Elliott, to book stores with a fee of $1,500 per Councilmember Knezovich asked the City Attorney if this proposed amendment was appropriate. City Attorney John Huisjen replied that adult activities and amusements have been defined in terms of zoning and not in terms of permitting them as licensed or supervised activities. He noted he would need more time to address the issue appropriately. Councilmember Knezovich urged defeat of the amendment because of his concern over the legality of the amendment. He asked staff to do some research to determine the financial and legal implications of such an action. -469- IOctober 5, 1982 Councilmember Horak agreed with Councilmember Knezovich in that legal staff should be given an opportunity to review Councilmember Clarke's suggestion. He suggested a public hearing be held on the issue. Councilmember Reeves noted the $1,500 fee seemed out of line and also suggested staff research the question. Councilmembers Clarke and Elliott withdrew their motion to amend the Ordinance. The vote on Councilmember Reeves' motion to adopt Ordinance No. 119, 1982 on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. (Wilmarth withdrawn) THE MOTION CARRIED. Resolution Adopting 1983 Fees and Charges Schedule for all Municipally Owned and Operated Golf Courses, Adopted Following is the staff's memorandum on this item: "Golf Advisory Board Recommendation The Golf Advisory Board, at its regular meeting held on September 15, 1982, reviewed, approved, and unanimously recommends to City Council adoption of this Resolution, adopting the 1983 Fees and Charges Schedule for City owned and operated Golf Courses. 1983 Fees and Charges The 1983 Budget for the Golf Fund proposes receiving $420,000 in total operating Revenues, which is 10.5% more than the revised 1982 projection of $380,213. In order to achieve this large amount, 1983 Fees and Charges will have to increase accordingly.. The main reasons for this 10.5% in- crease in 1983, and another 9.5% increase in Projected Operating Revenues in 1984, is the loss of the $28,000 annual average subsidy from Revenue Sharing, and a realistic Capital Outlay Program. Since Golf is now re- quired to be 100% self-supporting, as per City Council direction, some large increases are necessary. Utilizing the policies approved by the Golf Board regarding the Structure of Fees and Charges, the Fees and Charges Schedule for 1983 is recommended in the attached Resolution. ' Comparing existing 1982 rates with the recommended 1983 rates is as foll ows: -470- October 5, 1982 Daily Green Fees Green Fee revenues necessary for 1983 will be $198,500. This amount was projected using the average number of green fee rounds played for the past five years. Existing Proposed 1982 1983 9-hole green fees $4.75 $5.00 18-hole green fees $7.00 $8.00 Annual Passes Annual Pass revenues for 1983 need to be $160,000 to meet our expenditures. This is up from the 1982 revised projected amount of $129,000. The two most significant changes in structure from 1982 are, 1.) The elimination of single course passes (one pass will be good at either course), and 2.) the large increase in some specific fee categories in order to meet the goals of the fees re- structuring. Existing 1982 Single Pass/ Comb. Pass Proposed 1983 One Pass (Both Courses) Adult $200/$250 $250 Junior $100/$125 $125 Student $150/$190 $190 Senior Citizen $100/$125 $190 Family Rates 1st Adult/Husband $200/$250 $250 2nd Adult/Wife $100/$125 $190 1st Child $ 50/$ 65 $125 2nd Child, or more $ 50/$165 $ 65 3rd Child, or more $ 50/$ 65 N/A Maximum Family Charge $450/$570 $630 Some Senior Citizens have already complained to us that fees going from $100 or $125 in 1982, to $190 in 1983, is not fair and right. But, it is important to note that even with this apparent large increase, senior golfers will be paying only $3.03 per round in 1983 (up from $1.60 in 1982), compared to the 1983 cost of $5.39 for adults. The average cost of a green fee round in 1983 will be $5.68 (up from $5.26 in 1982), so Senior Citizens will still be saving a large amount of money. -471- 1 I October 5, 1982 A comparison of Senior Citizen fees from 1976 to 1983 is as follows: 1976 1977 to 1979 1980 1981 1982 1983 $50/$75 $60/$95 $90/$125 $100/$135 $100/$125 $190 However, we have added a note to 1983 Annual Pass Fees, wherein Admini- strative Golf staff is authorized to reduce the cost of any Annual Pass up to 50% if special circumstances (such as proven low income) warrants such action. We hope that this will eliminate those complaints that we are 'pricing out' low/fixed income golfers. However, we are asking that Clubhouse Rental goes up from $25 to $30 to help us recover increased energy costs; and we are also recommending that usage of the Surcharge account be less restrictive. Heretofore, all funds collected from Surcharge fees were reserved for future golf expansion only. But the Board and staff would still like to collect the money, and hold it in reserve for any purpose to be determined, and allocated by Council action. Assistant City Attorney Pete Ruggiero has issued us a written opinion stating thatthereare no legal problems in making this change. Summary The Golf Advisory Board and staff are again this year making some rather significant changes to the Golf Division Fees and Charges structure, and we ask that City Council support these recommendations. All of the rates presented in the 1983 Fees and Charges Schedule Resolution are compatible with the 1983 Budget for Golf. If any changes are made to any specific fee rate, then upward or downward adjustments to other fee rates will have to be made. It is our hope that these fees will be adopted, as recommended, and that rates in 1984 and beyond will only have to go up because of inflationary reasons or specific expenditure needs." Councilmember Clarke made a motion, seconded by Councilmember Reeves to adopt the Resolution. Councilmember Clarke noted fie found a discrepancy in the way golf fees were going to be handled as opposed to Library fees. He noted the golf sur- charge was being levied to any person not having a Fort Collins address while Library fees would be charged to anyone not a legal resident of the City of Fort Collins. He felt the need for consistency and suggested amending the golf fees Resolution to redefine non-resident as someone not living within the corporate City limits of the City of Fort Collins. Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to amend the Resolution to define non-resident as a person not living within the corporate City limts of the City of Fort Collins. -472- October 5, 1982 ' Councilmember Horak spoke against the amendment noting he agreed with the logic but since the fee is collected each time a person plays golf, an administrative cost would be incurred in trying to determine a person's status. The Library fee would be a one time determination. Councilmember Wilmarth noted he was totally opposed to having an outside user's fee at the Library and was opposed to the golf fee schedule for Senior Citizens. He stated he would vote against the motion and the Resolution. Councilmember Knezovich suggested Councilmember Clarke's amendment be expanded to include annual passes as well as individual golf rounds. Councilmember Clarke stated he had intended his amendment to redefine non-resident in terms of both the annual pass and the individual golf round. The vote on Councilmember Clarke's amendment to change the definition of non-resident fee to read "a fee of $1 for each 9 holes for those not living within the corporate limits of the City of Fort Collins is added to daily Green Fees;" and in note 4, redefine non-resident as anyone living outside the corporate City limits of the City of Fort Collins was as follows: Yeas: Councilmembers Clarke, Knezovich, and Reeves. Nays: Councilmembers , Cassell, Elliott, Horak, and Wilmarth. THE MOTION FAILED. The vote on Councilmember Clarke's original motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: Councilmember Wilmarth. THE MOTION CARRIED. Resolution Adopting the 1983 Budget for the City of Fort Collins and Fixing the Mill Levy, Adopted Following is the staff's memorandum on this item: "This Resolution adopts the 1983 Budget for the City of Fort Collins. The total budget is $106,303,658. Changes from the financial statements included in the 1983 Recommended Budget are as follows: GENERAL FUND An additional .7 mill of property tax has been deleted as a revenue source ' in the General Fund and replaced by an equivalent transfer from Sales and -473- I October 5, 1982 Use Tax Fund. Police dispatch services have been moved to the Communica- tions Fund with related revenue and a transfer from the General Fund to cover the dispatch budget for accounting purposes. Sales and Use Tax revenue for the Capital Projects Fund and the Airport Fund is no longer passing through the General Fund but being transferred directly into those funds from the Sales and Use Tax Fund. An increased County contribution to the Library has been replaced by a Library user's fee for non -city resi- dents. Changes from the financial statements included in the 1983 Recom- mended Budget include: Transfer to Capital Projects $(1,183,909) Transfer to Airport (139,937) Transfer to Communications Fund 291,015 Reduction of Police Dispatch Expenditures (307,140) Planning Department Budget Correction (136,759) Available for January Pay Plan Implementation 51,617 $(1,425,113) COMMUNITY SERVICES FUND The City's contribution to Social Service agencies has been increased by a $10,932 to a total of $125,000. COMMUNICATIONS FUND Expenditures are increased by $307,140 to reflect moving police dispatch services into this fund. Emergency services communications are financed by $16,125 from the Ambulance Service and a transfer from the General Fund of $291,015. DEBT SERVICE FUND Deletion of bond issue for 1983 Streets projects reduces expenditures to $2,044,469. SALES AND USE TAX FUND Expenditures are increased to $15,333,241 to reflect the change in policy of depositing all sales tax revenue in this fund rather than the new 3/44 going directly to the Transportation Services Fund. TRANSPORTATION SERVICES FUND Expenditures are reduced by $2,862,000 to reflect the deletion of the sales and use tax and capital projects program in this fund. A direct transfer ' from the Sales and Use Fund to the Capital Projects Fund will be made for Streets capital projects. -474- October 5, 1982 CAPITAL PROJECTS FUND The Capital Projects Fund has been broken down into the following cate- gories to clarify revenue sources within the associated projects: General City capital improvements Parks G.O. Bond Issue Sewer Storm Drainage Water Expenditures increased $449,416. Bond proceeds of $330,000 for Lee Martinez Park available in 1982 but not needed. until 1983 are reflected in this total. The remainder is a result of changes made at Council direction: 1 Facilities Southside Service Center Site Improvements $ 233,275 Service Center Building "B" (10,000) Lincoln Center -Canyon West Room Remodel (40,000) Block 31 100,000 TOTAL FACILITIES $ 283,275 ' Parks Trails Completion $(100,000) TOTAL PARKS $(100,000) Sewer WWTP #2 Expansion (correction) $ 110,000 TOTAL SEWER $ 110,000 Streets Minor Capital $ (4,000) Advanced Planning (10,000) Horsetooth Rd. -College to East of Landings (21,000) Drake & Taft Hill Intersection (140,000) Lincoln & Mountain Realignment @ Riverside (23,000) Shields and Mulberry Intersection (39,000) Timberline -Prospect to Summitview 141 S. College Medians-S. of Horsetooth to Creger Road (66,000) ' TOTAL STREETS $(302,859) -475- October 5, 1982 Traffic Bikeways $ (66,000) TOTAL TRAFFIC $ (66,000) Water WTP $2 Improvements (correction) $ 195,000 TOTAL WATER $ 195,000 TOTAL $ 119,416 STREET OVERSIZING Expenditures have been increased by $103,528 to reflect the additional Street Oversizing costs for the Southside Service Center street improve- ments. GRANTS ' Grants are not included in the annual appropriations ordinance as they are appropriated at the time they are received." Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Councilmember Clarke asked if the $100,000 for trails completion could be put back in the budget and thereby reducing the capital reserve from $703,000 to $603,000. Budget Director Phyllis Griep replied that based on the money currently available for the trails system, the additional $100,000 would allow staff to proceed with land acquisition on the trail along the foothills. City Manager Arnold noted it was difficult to project whether the extra $100,000 could be used to acquire more land as there have been problems with some of the land needed. The development costs along the foothills will be minor because most of the trail will be unpaved; However, it would move the City closer to the total $582,000 goal. He stated a trails update report would be forwarded to Council or discussed at a work session. Councilmember Wilmarth noted he had concerns with the Pay Plan policy and that he felt strongly that the employees be given something in the way of an increase on January 1, 1983. He stated he wanted the public to be aware the storm drainage fees were again increasing and growing in scope. He ' then spoke against the Library borrowers non-resident fee. -476- October 5, 1982 ' Councilmember Horak asked if the fee was a Library user fee or a Library borrower' s fee. City Manager Arnold replied, a borrower's fee that would only restrict the acutal checking out of materials not access to the Library. Councilmember Horak made a motion, seconded by Councilmember Clarke, to reconsider Item #37, Resolution Establishing a Library User Fee for Non - City Residents and Adopting the Rates for the 1983 Fee. Yeas: Council - members Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to amend the Resolution establishing a Library user's fee for non -city resi- dents and adopting the rates for the 1983 fee to substitute the word "borrower's" for the word "user's" in the appropriate places. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: Councilmember Wilmarth. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to ' adopt the Resolution as amended. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Knezovich. Nays: Councilmember Reeves and Wilmarth. THE MOTION CARRIED. The vote on Councilmember Reeves' original motion to adopt the Resolution adopting the 1983 Budget and fixing the mill levy was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Appropriating the Annual Expenditures for the City of Fort Collins in 1983 and Setting the Mill Levy for Said Fiscal Year, Adopted on First Reading Following is the staff's memorandum on this item: "This Ordinance appropriates the 1983 Annual 'Budget of $106,303,658 and sets the mill levy at 10.7 mills. Changes .from the financial statements included in the 1983 Recommended ' Budget are outlined in the previous agenda item." -477- October 5, 1982 Councilmember Clarke made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 130, 1982, on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED Councilmembers' Reports Councilmember Reeves noted the airport ad -hoc committee and met to deal with ultra -light aircraft. In light of safety concerns and FAA recommen- dations, a policy was set that ultra -light air parks would not be allowed at the airport. There was also general discussion on policy direction for "through the fence" operations and the new alignment for the roadway that will allow access to the 15 lots being developed. Councilmember Elliott reported on the September 28th Poudre Fire Authority meeting that dealt with the study on high rise buildings and their hazards in relation to sprinkling and secondly with the preliminary discussion of revised methods of contribution to the Authority from both the City and the District. Councilmember Knezovich noted he had chaired the CML Finance Committee where the issues of the police and fire pension plans and municipality's ability to issue bearer bonds were discussed. Councilmember Clarke spoke about. his meeting with the CSU Senate concerning the Transfort contract and proposing the increase from $2 to $3. He stated the Senate had approved the election to be held in mid -October. He sug- gested, as a gesture of cooperation, the City agree to pay for half of the cost of that election. He presented a Resolution drafted by the City Attorney that stated the City would agree to participate in the cost of the election not to exceed $750. Councilmember Clarke made a motion, seconded by Councilmember Wilmarth to adopt the Resolution as he described. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Other Business ' Councilmember Clarke stated he had another Resolution to propose to the Council. He noted that if the County's proposed 14 sales tax measure is -478- October 5, 1982 passed on November 2nd, the City's share in the revenues would be approxi- mately $1.1 million. He suggested that share be earmarked for a pool and ice rink to be constructed in Edora Park. Councilmember Clarke made a motion, seconded by Councilmember Reeves, to adopt the Resolution which would designate $1.1 million in each of the six years of the existance of the County's 14 tax for the construction of a pool and ice rink in Edora Park. Revenues exceeding $1.1 million would be allocated to any other project of the City of Fort Collins. Councilmember Knezovich disagreed that. the facility was desired by a majority of the citizens of Fort Collins and suggested the fifth Whereas clause stating this be deleted. Councilmember Knezovich made a motion, seconded by Councilmember Reeves, to delete the fifth Whereas clause from Councilmember Clarke's proposed Resolution. Yeas: Councilmembers Cassell, Horak, Knezovich, Reeves, and. Wilmarth. Nays: Councilmembers Clarke and Elliott. THE MOTION CARRIED. Councilmember Elliott asked if the adoption of the Resolution made the location of the facility site specific to Edora Park. Mayor Cassell replied that his reading of the Resolution would tie the ' construction to Edora Park. The vote on Councilmember Clarke's original motion to adopt the Resolution as amended by Councilmember Knezovich was as follows: Yeas: Council - members Clarke, Reeves, and Knezovich. Nays: Councilmembers Cassell, Elliott, Horak, and Wilmarth. THE MOTION FAILED. Adjournment Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. The meeting adjourned at 10:25 p.m. Mayor ATTEST: CiCity�-- -479-