HomeMy WebLinkAboutMINUTES-08/28/2001-AdjournedAugust 28, 2001
• COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Adjourned Meeting - 6:00 p.m.
An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, August 28,
2001, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner
and Weitkunat.
Staff Members Present: Fischbach, Krajicek, Roy.
Items Relating to Potential Sales and Use Tax Ballot
Measures for the November 6, 2001 Election Postponed
The following is staffs memorandum on this item.
"Financial Impact
The City's current tax rate is 3% and the total of all current sales taxes is 6.7%. The proposed tax
• ballot measure, if approved by voters, would increase the City's sales and use tax rate as follows:
0.25% for the transportation projects for four years and 0.10% for the natural resources
enhancement projects for four years. The effect would be to bring the Cltv's sales tax rate to 3. 35%.
If both ofthe proposed sales and use taxes were placed on the ballot and approved, the total tax rate
paid in Fort Collins, including the state sales tax of 2.9% and County sales taxes of 0.8 % would
increase from 6.7% to 7.05%.'
The proposed taxes and the Building Community Choices one -quarter cent taxes would all expire
at the same time, on December 31, 2005. Sales and use tax comparisons with other local
municipalities is included as Attachment A.
Executive Summary
A. Resolution 2001-107 Submitting to the Registered Electors of the City an Ordinance
Establishing a One -quarter Percent (114%) Sales and Use Tax Increase on all Taxable
' If the "Imagine" ballot measure is approved by voters, the effect would be to bring the
City's tax rate to 3.64% and the total tax rate paid in Fort Collins would increase to 7.34%.
•
62
August 28, 2001
Services and Tangible Personal Property Except Food, for the Purpose of Funding Certain
Transportation Projects, Which Tax Increase Shall Remain in Effect for a Period of Four
Years Beginning January 1, 2002, and Ending December 31, 2005.
B. Resolution 2001-108 Submitting to the Registered Electors of the City an Ordinance
Establishing a One -tenth Percent (1/10%) Sales and Use Tax Increase on All Taxable
Services and Tangible Personal Property Except Food, for the Purpose of Funding Certain
Natural Resource Enhancement Projects, Which Tax Increase Shall Remain in Effect for a
Period of Four Years Beginning January 1, 2002, and Ending December 31, 2005.
On August 14, City Council met with staff in a study session to review two proposed sales and use
tax ballot packages for the November 2001 ballot. Council reviewed the recommendations of the
Finance Committee and discussed various options to place on the ballot. No consensus was
reached. However, the Council agreed to ask the Finance Committee to review the matter further
at its August 17 meeting.
Based upon the discussions at the Council meeting on August 14 and the Finance Committee
meeting on August 17, two packages have been developed for Council consideration. Ifone or more
packages are to be placed on the November ballot, Council must approve the resolutions before or
at the September 4 regular Council meeting.
Transportation Package:
Projects: Harmony Road; Timberline Road, Mason Street Transportation
Corridor
Cost: Approximately $19.6 Million (inflation not included)
Funding Approach: Pay-as-you-go
Years to Complete: 4 years
Tax Rate: One -quarter cent (25c on a $100 purchase)
These projects are those which have been identified as very critical in terms of both congestion and
the City's Adequate Public Facilities policy. These projects would provide a significant
improvement to current traffic congestion in two critical areas, as well as enhance alternative
modes travel opportunities through improved bike and pedestrian connections.
This package would include three transportation projects, including two arterial expansions and
funds for the Mason Street Transportation Corridor. Expansion of Harmony Road from Seneca to
the railroad and expansion of Timberline Road from Drake to Prospect will expand these roadways
to full arterial standards. The streets will include four travel lanes, bike lanes, and sidewalks.
The Mason Street Transportation Corridor Funding would be used either as a local match for
federal grants if the grants become available, or to complete as much of the project as possible if
63
August 28, 2001
the grants are not secured Improvements in the corridor could include transit facilities,
bike/pedestrian improvements, right of way acquisitions or other projects detailed in the Corridor
Plan.
A complete cost analysis of the package, including inflation costs, is included in Attachment B.
Natural Resources Enhancement Package:
Projects: Poudre River Habitat Restoration (Lincoln Avenue to Linden
Street); and Community Separators Project
Cost: Approximately $7.9 million (inflation not included)
Funding Approach: Pay-as-you-go
Years to Complete: 4 years
Tax Rate: One -tenth cent (10e on a $100 purchase)
Under this option, the project would focus on a one -quarter mile segment of the River corridor
between Lincoln and Linden. It would involve natural habitat restoration, bank stabilization, River
clean up and trail amenities for this stretch of the River at an estimated cost of $1.2 million.
In addition to these River improvements, this option would provide approximately $6.7 million in
• funding for Community Separator acquisitions. After the River Restoration project is complete, the
balance of funds from the one -tenth cent tax would be applied to the Separators project. This is
projected to total between $6.7 million and $8.4 million over the 4-year tax term when inflation and
revenue growth are taken into account.
This level offunding could enable the City to protectpriorityproperties and preserve approximately
500 to 1100 acres within key community separator areas. The exact number of acres preserved
would depend upon the mix of preservation strategies used, including conservation easements.
purchases or purchases of development rights.
A complete cost analysis of the package, including inflation costs, is included in Attachment B. A
detailed description of the Community Separators Project is included as Attachment C.
BACKGROUND:
On June 12, 2001, Council and staff met to review the 2002-2005 Capital Needs Inventory during
a study session. Staff presented a list of 35 projects recommended by various Boards and
Commissions and department staffthat are ofcritical importance during the next two budget cycles.
City Council directed staff to begin work on developing a sales tax proposal for the November 2001
ballot to gain funding for a portion of this "short list. " Councilmembers expressed interest in
considering a primary service package including four transportation projects: Harmony Road,
0 64
August 28, 2001
Prospect Road, Timberline Road, and Lemay Avenue. Some Councilmembers were also interested
in possibly including the Community Separator Implementation Program and the Cache La Poudre
River Habitat Restoration project.
The Council Finance Committee reviewed several options for a November ballot issue. The
Committee recommended that the full Council consider two packages including a Transportation
package with four projects (Timberline, Lemay, Harmony and Mason Street Matching Funds)
funded through a quarter cent sales and use tax increase; and a Natural Resources Enhancement
package of two environmental projects (Community Separators and Poudre River Habitat
Restoration) funded through a one -tenth cent sales and use tax.
The City conducted a citizen survey to gather information about citizen interest and support of the
proposed tax packages. A random sample of 400 likely voters found that 62% supported the
proposals, with supportparticularly highfor some ofthe roadprojects. Relieving traffic congestion
was a significant issue with those surveyed, and they supported the transportation projects as a way
of accomplishing some relief Full details about the survey results are included as Attachment C.
Council and staff met in a subsequent study session on August 14 to further review and refine the
proposals. At the August 14 Study Session, Council reviewed two options for Transportation
packages and two options for Natural Resources Enhancement packages. While no consensus was
reached at this study session regarding which projects, if any, to place on the November ballot,
Council asked the Finance Committee to refine some options for Council. Council agreed to
consider these items at an adjourned meeting on August 28.
Proposed Ballot Measures
The attached Resolutions provide two packages for Council consideration. The packages are both
for sales taxes with a 4-year term, one -quarter cent for Transportation and one -tenth cent for
Natural Resources Enhancements. The 4-year term would run from January 1, 2002, through
December 31, 2005. The taxes would be set to expire at the same time as the three Building
Community Choices one -quarter cent taxes.
Key issues detailed in the resolutions include the following:
1. Cost estimates are based on year 2000 dollars. The cost will change because inflation, actual
bids and other factors that may arise during the term of the projects. Additionally, it will be up
to the City Council to finally determine the actual cost, general design and scheduling of each
project.
2. Each transportation project in the package will need to be completed, unless the Council finds
that a project has become legally or financially infeasible.
W1
August 28, 2001
• 3. The transportation package is currently projected to have a small fund balance at the end of the
tax term. If this projection is accurate, remaining funds can be allocated by City Council to
other transportation capital projects.
4. In the Natural Resource Enhancementpackage, the Poudre River restorationproject is expected
to be completed in the early years of the program, and all additional funds collected from the
tax after the river project is completed will be allocated to the Community Separators project. "
City Manager Fischbach presented background information relating to the agenda item. He spoke
regarding the Imagine Fort Collins ballot initiatives that will appear on the November 2001 ballot
and the option of placing a comprehensive package of City project proposals on the November 2002
ballot. He stated that two Resolutions have been prepared for Council consideration relating to: (1)
transportation projects for Timberline and Harmony Road and the Mason Street Corridor and (2)
Poudre River enhancements and natural areas separator projects. He stated that the City can move
forward using reserves with construction of the Harmony Road improvements on a cash basis and
outlined suggestions for funding the project. He stated that the City will have this highest priority
road under construction on the same timetable that would have applied if the transportation package
were approved on the November ballot. He stated that this will also allow the Imagine Fort Collins
measures to be considered by voters without City measures competing for votes.
Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to postpone
• consideration of the sales and use tax ballot measures (Resolution 2001-107 and Resolution 2001-
108) relating to transportation capital projects and natural resource enhancement capital projects,
and direct the City Manager to identify options to fund the Harmony Road project in the future
budget years 2002-2003, to prepare a comprehensive transportation and other capital package for
Council to consider for the November 2002 election, and that the ballot measures be revised to
reflect that comprehensive package before they are resubmitted to the Council.
John Knezovich,1205 Green Street, suggested that Council consider several items relating to natural
areas. He stated that the County is about to adopt a natural areas open space plan and is considering
a model for which farmlands ought to be acquired. He urged Council to take a look at L.E.S.A.
standards before making land acquisitions near Wellington. He stated that these standards relate to
land evaluation and site assessment, which has three subparts including: Part 1 - farm size,
percentage available for agricultural, water availability and land condition; Part 2 - distance from
annexed boundaries; and Part 3 - habitat, strategic, visual/scenic and cultural/historic values. He
urged the Council to look at what the County is doing in those areas. He also urged the Council to
place formative tax issues on the April municipal election ballots. He commented regarding the
quarter center County tax that will expire in 2018 relating to open space which will raise $107
million between now and 2018 as the City of Fort Collins share. He suggested looking at how this
tax revenue will be spent before the City jumps into an additional natural areas tax. He stated that
postponing placement of measures on the ballot is a wise decision because of competing measures.
•
August 28, 2001
Randy Fischer, 3007 Moore Lane, spoke in support of placing the environmental package on the
ballot and stated that the people who will get out and vote for the environmental package will also
vote for the Imagine Fort Collins package. He spoke regarding the award winning community
separators plan and program and noted that this plan is still unfunded. He spoke regarding the value
of the open space near Wellington and stated that such property would score high under the L.E.S.A.
program. He stated that the Natural Resources Advisory Board has already approved a purchase of
conservation easements in the Wellington area using natural areas money. He stated that the
downtown river corridor plan is another established City policy that calls for restoration of habitat
along the Poudre River and that this project is also unfunded. He asked that Council debate these
issues.
Michael Gould, President and CEO of the Fort Collins Area Chamber of Commerce, stated that a
letter has been sent to the City to give feedback relating to transportation issues. He stated that the
Chamber's recommendation is to put the Timberline and Harmony projects on one ballot issue and
the Mason Street Corridor matter on a separate ballot issue. He spoke regarding the importance of
transportation issues to the community and asked that Council fast -track the Harmony and
Timberline road projects.
Glen Colton, 625 Hinsdale Drive, spoke in opposition to postponement of the Poudre River
restoration and community separators ballot measure. He spoke regarding the importance of
restoration of the Poudre River and community separators. He stated that taking this measure off
of the ballot and showing preference for the Imagine Fort Collins package is inappropriate. He
spoke regarding the City Manager's proposal to fund Harmony Road with "other monies" and stated
that those funds could go toward other projects such as separators and river restoration. He
questioned making Harmony Road the highest priority for funding.
Mike Byrne, 1505 South Shields, spoke regarding reductions in State funding for roadway
improvements. He stated that the spirit of TABOR is that the voters want to be asked. He stated
that there are many competing needs and desires and that there are roadway projects that are clearly
needed and that many of these transportation needs are consistent with City Plan. He stated that if
some of those needs are not addressed soon that we need to take responsibility for existing
deficiencies rather than deferring those to the future. He stated that the City could create a
transportation capital fund. He stated that the voters can handle a debate and decision regarding
competing needs. He encouraged Council to place the funding initiatives before the voters.
Tom Sutherland, 812 Garfield Street, spoke in favor of the motion and stated that there is an
opportunity now to get the Imagine Fort Collins package passed. He stated that transportation
matters can be accomplished next year and that there are opportunities now for the cultural -arts
facility.
Mike Doten, 426 LaPorte Avenue, urged Council to defeat the motion on the floor. He stated that
this is a debate that needs to be heard by the people and that the timing is critical for establishing
67
August 28, 2001
• community separators. He asked about the Wal-Mart money that was supposed to be used for river
restoration. He stated that the citizens need to prioritize and decide how they want their money to
be spent regarding competing needs.
Larry Stroud, representing the Downtown Development Authority, noted that Councilmember
Wanner, Council liaison to the DDA, held differing views than the DDA's position. He stated that
the DDA supports the motion on the floor. He stated that this is a strategic decision that Council
will have to make and that if all of the measures are placed on the ballot that none would pass. He
stated that the DDA will commit to working on voter education regarding transportation needs in
the future.
Doug Hutchinson, 1315 Whedbee, stated that the Larimer County open space tax will generate $85-
90 million for the City of Fort Collins by 2018. He stated that he can understand the need to add
another tax for open spaces. He asked that Council not place the environmental tax on the ballot.
He stated that the 2001 citizen survey showed more interest in transportation than growth
management. He asked that Council not preempt the voters weighing in on the transportation issue.
He stated that the voters should have an opportunity to prioritize the Imagine Fort Collins projects
and transportation projects and urged Council to place the transportation measures on the ballot.
Kelly Ohlson, 2040 Bennington Circle, stated that the process being followed is bad government and
• that the roads and natural resources issues should be discussed and debated separately. He asked
Council to defeat the motion and vote separately on the two packages. He stated that there is no
money available for the award -winning community separators program from either the natural areas
tax or the County tax. He stated that community separators were favored by 82% in a poll. He
stated that having the natural resources tax on the ballot will not hurt the Imagine Fort Collins
package and will actually help it.
Eric Levine, Air Quality Advisory Board chair, stated that the Board just passed a recommendation
to Council. He stated that the Mason Street project is a state of the art multi -modal project and that
voters in 1997 voted $6.5 million in funding for the project. He stated that most of the Board
members believe that linking the Mason Street project to the other transportation projects is
inappropriate. He stated that $5 million in funding is sought for the Mason Street project. He read
the recommendation of the Board: "To recommend to the City Council that the Mason Street
Corridor be allowed to stand on its own as a ballot issue or be funded from the General Fund, but
not be included as a part of the roads ballot issue."
Councilmember Hamrick stated that he supported bits and pieces of the ballot measures and
especially supports the community separator program. He stated that he also wholeheartedly
supported the Imagine Fort Collins measure. He stated that there should be a public and open
process so that the citizens can hear why Council made certain decisions. He stated that he would
not be supporting the motion because the money that will be allocated toward Harmony Road may
not be the best way to use the money. He stated that the Council needs to discuss the Harmony Road
• 68
August 28, 2001
funding issue. He stated that the street package is not a comprehensive transportation package and
that there are not sufficient resources to complete the community separator goals.
Councilmember Kastein stated that he will not be supporting the motion and that it is important for
Council to frame the debate and come to a resolution on the transportation issues. He stated that he
would like to see work proceed on Harmony and Timberline because those streets are critical. He
stated that delaying the vote will not work because the needs will be there next year.
Councilmember Weitkunat stated that she would support the motion and that there are alternatives
to pay for some of the street projects through the General Fund. She stated that Vine Drive is an
urgent project and that removing that project from the tax package removed some of the need to ask
the voters for funding for transportation. She stated that she has problems with the community
separator study because the City has not had any conversations with Wellington to set those wheels
in motion. She stated that the citizen initiatives will be on the ballot and that the City -initiated
measures should be postponed to provide an opportunity to put forth what is needed to make the
package succeed.
Councilmember Bertschy stated that he has a hard time supporting the streets package because the
City should find a permanent mechanism to support a basic need of the community. He stated that
these projects are necessary but he would like to see a permanent mechanism instead. He stated that
the environmental package is needed and that internal funding mechanisms are needed for some of
these projects. He stated that he supports postponement.
Councilmember Tharp stated that the road package is a stop gap, band -aid approach and that she
would like to see a comprehensive road package and a funding mechanism. She expressed an
interest in alternate transportation rather than streets. She stated that she would like the separator
measure on the ballot but recognized that this would not be possible. She stated that she would
support postponement to provide an opportunity to look at funding and cooperation with Latimer
County. She stated that community separators are needed to make Fort Collins a distinctive separate
City.
Councilmember Wanner stated that all sides of the issues have been heard and that his position
would be reflected in his vote.
Mayor Martinez stated that there has been open debate on these matters. He stated that this is a
matter of strategic planning of the transportation plan. He stated that the City is not on CDOT's
priority list for matching funds for the Mason Street Corridor. He opposed asking the voters for
funds when matching funds are not in line. He spoke regarding the need for a comprehensive long-
term funding plan and stated that the City needs to ask for funding for urgent projects.
Councilmember Tharp stated that it is not a foregone conclusion that General Fund money will be
allocated toward Harmony Road and that this has been suggested by the City Manager as an option.
.'
August 28, 2001
• The vote on the motion to postpone was as follows: Yeas Councilmembers Bertschy, Martinez,
Tharp and Weitkunat. Nays: Councilmembers Hamrick, Kastein and Wanner.
Councilmember Kastein stated that some of the discussion focused on a more comprehensive capital
savings plan for streets. He stated that he supported that idea.
Councilmember Kastein made a motion, seconded by Councilmember Tharp, to direct the City
Manager to identify streets as an integral part of the capital savings plan and to report back to the
Council on how street capital needs will be addressed over the next "x" years.
Councilmember Hamrick asked for clarification regarding the intent of the motion.
Councilmember Kastein stated that an effort is in place to try to determine how to fund the $500
million in capital needs and that he would like to especially delineate streets needs as being integral
to that plan and to direct the City Manager to come back to the Council with a capital savings plan
and with a separate plan for streets or with streets worked carefully into the plan so that the City
does not lose track of these needs. He stated that he would like to see a statement with which all can
agree regarding the importance of streets.
• Councilmember Hamrick asked how this would differ from what the City Manager would do
anyway.
Mayor Martinez stated that this would provide an emphasis and a direction.
Councilmember Weitkunat stated that this would ensure that streets are not lost in the shuffle.
Councilmember Hamrick asked for clarification that this would not degrade or downplay the other
options and would simply ask that staff keep track of streets.
Councilmember Kastein replied in the affirmative.
John Knezovich, 1205 Green Street, stated as the City is involved in the budget discussion that it
is time for Council to look at some of the City's policies, such as the permanent 2'/4 cent sales tax
on all items in the City and the various quarter cent sales taxes adopted for various projects. He
suggested that the Council look at how the 2'/4 cent sales tax is spent.
The vote on the motion was as follows: Yeas Councilmembers Bertschy, Hamrick, Kastein
Martinez, Tharp, Wanner and Weitkunat. Nays: None.
• THE MOTION CARRIED
70
August 28, 2001
Other Business
Councilmember Weitkunat stated that the Commission on the Status of Women would like to reduce
the number of members from 11 to nine. She asked for Council direction to staff to prepare the
required ordinance. City Manager Fischbach stated that the ordinance would be prepared for
Council consideration.
Councilmember Tharp stated that the Commission on Disability has asked her to encourage the
community to nominate people for the Commission's annual awards.
City Manager Fischbach reported that the Community Foundation has agreed to serve as the City's
third party agent for the purpose of providing reward money for the sexual assault case.
City Manager Fischbach reported on the investigation of the Warren Lake incident reported by a
citizen at the last Council meeting.
City Manager Fischbach reported that the McCluskey-Poudre Valley Creamery property has been
acquired for the library site and showed a slide depicting the potential layout for the facility.
The meeting adjourned at 7:20 p.m.
ATTEST:
lyt V! \� Nil, . .
Adjournment
71
Mayor 77M MM