HomeMy WebLinkAboutMINUTES-09/05/1989-RegularSeptember 5, 1989
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, September 5, 1989, 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 Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur.
(Secretary's note: Councilmember Azari arrived at approximately 7:20 p.m.)
Staff Members Present: Burkett, Krajicek, Roy
A.
B.
C.
D.
KU -
accepted by Larry Demers, math tuto
Shibley, student in the LIFE Program.
n Phillips, Cache LaPoudre1Chapter
was accepted by a Poudre Valley
representative.
accepted by John Wessling,
American Diabetes Association.
to
it of Fort Collins
greness nontn was
Program and Roger
was accepted
Medical Services
was
the
E. Certificates of Appreciation to New West Fest Organizers were presented
to Jan Carroll, Chair of the New West Fest Committee; Tom Barbour,
Finance Subcommittee Chairperson; Maggie Kunze, Programming
Subcommittee Chairperson; Jackie O'Hara, Promotions Subcommittee
Chairperson; Dotie Schroeder, Productions Subcommittee Chairperson; and
Mike Hauser, Fort Collins Chamber of Commerce.
F. Bike Awareness Week Awards were presented by Rita Davis to Wes -Tech,
Inc. (small business category); Pam Dotton and Robert Woodson accepted
the award for the Comlinear Corporation (medium business and overall
category); and Steve Burkett accepted the award :for the City of Fort
Collins (large business category).
-454-
September 5, 1989
Agenda Review: City Manager '
City Manager Burkett clarified that the revenue sharing funds mentioned in
Item #14, Resolution 89-162 Setting the Date of the Public Hearings on the
1990 Proposed City Budget and the Allocation of Revenue Sharing and Highway
Users Tax Fund Moneys, are funds that are left over interest earning funds
since the City no longer receives revenue sharing funds from the federal
government.
City Manager Burkett stated he would ask Council under Other Business to
consider adjourning the meeting until 6:00 p.m. on September 12, 1989 to
consider going into Executive Session for the purpose of discussing legal
matters.
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 #18, Pulled Consent Items.
5. Consider approval of the minutes of the regular meeting of August 15 '
and the special meeting of August 22.
6. Items Related to the Allin Annexation and Zoning_
A. Resolution 89-155, Setting Forth Findings of Fact and Determi-
nations Regarding the Allin Annexation.
Hearing and First Reading of Ordinance No. 119, 1989, Annexing
Approximately .50 Acres, Known as the Allin Annexation.
Hearing and First Reading of Ordinance No. 120, 1989, Zoning
Approximately .50 Acres, Known as the Allin Annexation, Into the
R-L-P, Low Density Planned Residential, Zoning District.
This is a request to annex and zone approximately .50 acres located at
5201 Mail Creek Lane within the Fossil Creek Meadows Subdivision, east
of South College Avenue and north of Fossil Creek Parkway. The
requested zoning is the R-L-P, Low Density Planned Residential
District. The property is presently developed with a single-family
dwelling. The property is currently zoned FA-1 Farming in the County.
This is a voluntary annexation. The site is. the future home of
Municipal Judge Kathleen Allin.
APPLICANTS: Bradford & Kathleen Allin OWNERS;- Same
5630 Hummel Lane ,
Fort Collins, CO 80525
Q161-11
September 5, 1989
7. Items Relating to Highway 14 East Third Annexation and Zoning.
A. Resolution 89-156 Setting Forth Findings of Fact and
Determinations Regarding the Highway 14 East Third Annexation.
B. Hearing and First Reading of Ordinance No. 121, 1989, Annexing
Approximately 2.6 Acres Known as Highway 14 East Third Annexation.
C. Hearing and First Reading of Ordinance No. 122, 1989, Zoning
Approximately 2.6 Acres Known as Highway 14 East Third into RC
River Corridor District.
This is a request to annex and zone approximately 2.6 acres of Highway
14 right of way located east of the Wastewater Treatment Plant. The
requested zoning is RC River Corridor District. This is a voluntary
annexation.
APPLICANT: State Department of Highways OWNER: Same
Division of Highways State of Colorado
By: Robert L. Clevenger
Chief Engineer
8. Items Relating to Highway I-25 Second Annexation and Zoning
IA. Resolution 89-157 Setting Forth Findings of Fact and
Determinations Regarding the I-25 Second Annexation.
B. Hearing and First Reading of Ordinance No. 123, 1989, Annexing
Approximately 100 Acres Known as I-25 Second Annexation.
C. Hearing and First Reading of Ordinance No. 124, 1989, Zoning
Approximately 100 Acres Known as I-25 Second Annexation, into the
B-P Planned Business District, with a planned unit development
condition.
This is a request to annex and zone approximately 100 acres of I-25
right of way located between Prospect Road and the Burlington Northern
Railroad. The requested zoning is B-P Planned Business District.
APPLICANT: State Department of Highways OWNER: Same
Division of Highways State of Colorado
By: Robert L. Clevenger
Chief Engineer
9. Ordinances Amending Chapter 3 of the City Code Relating to Alcoholic
Beverages and the Collection of Occupation Tax
A. Hearing and First Reading of Ordinance No. 125, 1989, Amending
' Chapter 3 of the Code Relating to Alcoholic Beverages.
-456-
September 5, 1989
10.
11.
B. Hearing and First Reading of Ordinance No. 126, 1989, Amending
Chapter 3 of the Code Relating to the Collection of the Alcoholic
Beverages Occupation Tax.
Ordinance No. 125, 1989 amends Chapter 3 of the City Code to reflect
recent legislation providing for the issuance of temporary alcoholic
beverage licenses. In addition, this ordinance contains minor
amendments to the application fee schedule. Ordinance No. 126, 1989
includes a provision for the collection of occupation tax.
Rosalie Rohrbacker, the applicant and owner, has submitted a written
petition requesting annexation of approximately 3.6 acres, located on
East Magnolia Court, west of Link Lane and north of East Mulberry.
The proposed Resolution makes a finding that the petition
substantially complies with the Municipal Annexation Act, determines
that a hearing should be established regarding the annexation, and
directs that notice be given of the hearing. The hearing will be held
at the time of first reading of the annexation ordinance. Not less
than thirty days of prior notice is required by Colorado law.
The property is located within the Fort Collins Urban Growth Area.
According to policies and agreements between the City of Fort Collins
and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR
THE FORT COLLINS URBAN GROWTH AREA, the City will annex property in
the UGA when the property is eligible for annexation according to
State law. The property gains the required 1/6 contiguity to existing
city limits from a common boundary with the Second Fisher-Lemay Avenue
Annexation to the west.
The Planning and
monthly meeting on
of the annexation
Water.
Zoning Board heard this request at its regular
August 28, 1989 and voted 1-0 to recommend approval
and zoning request.
From time to time Northern Colorado Water Conservancy District (NCWCD)
water (CBT water) is turned over to the City of Fort Collins for
satisfaction of raw water requirements for development. It has been
requested that the City accept 12 units of CBT water, seven units of
which will be for the partial satisfaction of raw water requirements
on the Market Place P.U.D. The remainder will be held as a credit for
future requirements.
IE4*2
September 5, 1989
'
12. Resolution 89-160 Authorizing the Purchase of 106 Acre Feet of Water.
This Resolution
would
authorize the purchase of 106 acre feet of
water. This
completes
the purchase of water in response to Resolution
88-205 which
directed
staff to take the steps necessary to purchase
7,400 acre
feet of water. The 106 acre feet is in addition to
purchases of
7,296 acre
feet previously authorized, bringing the total
purchased to
7,402 acre
feet.
13.
f[V
15.
16.
The proposed resolution adopts the Better Air Campaign as a local air
quality strategy and requests that the Colorado Air Quality Control
Commission accept it as an addendum to the State Implementation Plan
(SIP). Once this action is taken, the Better Air Campaign can receive
state funding previously earmarked for Fort Collins. City Council is
asked to initiate the SIP addendum in lieu of the disbanded
Larimer-Weld Council of Governments. A public hearing is required for
revisions of the State Implementation Plan.
The Charter requires that the Council set a date for the public
hearing on the proposed 1990 City budget. The Resolution sets the
hearing date for the Council meeting of September 19. At that time,
Council will also receive public comments concerning the allocation of
Revenue Sharing funds and Highway Users Tax Fund moneys.
A vacancy currently exists on the Commission on the Status of Women
due to the resignation of Jane Brennan McGovern.
Applications were solicited and Councilmembers Kirkpatrick and Azari
conducted interviews in August. The recommended appointee is Beryl B.
"Brownie" McGraw.
The 10 foot strip of land owned by the City is, approximately 88.57
feet in length and is divided equally between the -lot line separating
Lots 17 and 18, Block 10, Fox Meadows Subdivision. This strip is the
original location of the proposed bicycle/pedestrian connection
-458-
September 5, 1989
between the Fox Meadows subdivision and the proposed
bicycle/pedestrian path planned for drainage swale on the north side
of the Sunstone 4th Filing, P.U.D. This original location will not
work. Consequently, the path has been shifted to the east and will
now be 18 feet in width and located entirely on Lot 17. The exchange
of deeds will facilitate the shifted location of the proposed path.
17. Routine Deeds and Easements.
a. Easement from Thomas Nix for access to the Bignall Open Space.
Consideration: exchange.
Current access is on a joint -use road through Mr. Nix's farm.
This access route is not compatible with current activities at the
Nix Farm, which includes horse boarding operations. Parks and
Recreation use at the Bignall Property requires visitors to open
and close two to three gates for access and travel through the Nix
Farm building area.
The City plans to vacate all
easement once the new easement
easements is equal.
interest in the existing access
is in place. The value of the two
b. Powerline Easement from Mark D. Hanson and Michael E. Manning, 419
West Oak Street, needed to underground existing overhead electric
services. Consideration: $441.
c. Powerline Easement from Timothy E. Joyce, 232 Fishback Ave.,
needed to install new underground streetlight services.
Consideration: $10.
d. Powerline Easement from Mildred A. Kays, 216 Fishback Ave., needed
to install new underground streetlight services. Consideration:
$10.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #6. B.
C.
Item V. B.
C.
Hearing and First Reading of Ordinance -No. 122. 1989. Zoning
Approximately 100 Acres Known as I-25 Second Annexation. into I
the B-P Planned Business District, with a planned unit
development condition.
-459-
September 5, 1989
IItem #8. B.
C.
Item #9. A.
a
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur.
Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Kirkpatrick noted the appointment of Beryl McGraw to fill the
vacant position on the Commission on the Status of Women.
Public Hearing on the 1990 Recommended Budget
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
This is the first advertised Public Hearing on the 1990 Recommended Budget.
The second official Public Hearing is scheduled for September 19. At that
time, Council will receive public comments on the allocation of Revenue
Sharing Funds and Highway Users Tax Fund moneys"
City Manager Burkett presented the budget to Council and introduced a video
which outlined the 1990 budget recommendations. He spoke of the increase
in funding in the quality of life areas which included Police, Fire, Street
Maintenance, Library, Environmental Plan, and the comprehensive planning of
the City and stated there were no proposed tax increases. He mentioned
water and wastewater utility rate increases and electric rate decreases and
additional capital improvements.
' Mike Doten, Poudre Canyon Sierra Club, urged Council to include a recycling
program in the 1990 Budget.
-460-
September 5, 1989
Brad Edwards, Fort Collins resident, favored increased library funding and
expressed concern regarding the lack of funding for the recycling program.
Bruce Lockhart, 2500 East Harmony Road, commented on the plans for the use
of the excess from the previous 1/4 cent sales tax (RECAP) and urged the
excess funds be applied towards a property tax rebate program. He
commented on the 3% reduction in electric rates and expressed concern about
the recycling program. He noted funds subsidizing EPIC were from the
General Fund.
Susan Flack, 1728 Azalea, p2, urged Council to include recycling in the
1990 Budget.
Kay Linder, Fort Collins resident, read an article from the Coloradoan
which supported the recycling program.
Karen Roth, 1529 West Prospect, spoke in support of the recycling program.
City Manager Burkett outlined the City's plans for the inclusion of
recycling in the 1990 Budget and clarified the use of the excess funds in
the capital improvement program. He noted that Council will review the
undesignated reserve moneys in the General Fund.
(Secretary's note: Councilmember Azari arrived at approximately 7:20 p.m.)
Resolution 89-145 Adopting the
Downtown Plan as an Element of the
City's Comprehensive Plan, Adopted
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
The Downtown Plan was scheduled for City Council consideration on August 1,
1989, but a concern registered by The Group, Inc. caused Council members to
postpone consideration of the item and send it back to the Planning and
Zoning Board. There was no other citizen input at the hearing. The
Council direction was that the Downtown Plan be rescheduled for Council
consideration within the next 30 to 60 days.
Attached is a copy of The Group Inc. comments. Also attached is a letter
of response prepared by the Downtown Development Authority (DDA).
The DDA and City staff have met with representatives of The Group, Inc. and
have been successful at satisfying most of the concerns. The focus of
discussion centered on both the existing Mason -Howes and the proposed
Mulberry -Magnolia one-way couplets. The specific concern was regarding the
economic impact of one-way street systems.
The Planning and Zoning Board, The Group, Inc. and City staff agreed that
the Downtown Plan should not be delayed in order to undertake an economic
1
-461-
September 5, 1989
' analysis of one-way street systems, rather, this concern would be more
appropriately addressed as part of the City's "Comprehensive Multi -Modal
Transportation Plan" process which is currently underway. Language changes
are proposed for Policy 11 (Traffic Circulation), Action #11 on the
Strategic Action Chart (see "Planning and Zoning Board Changes #6
attached):
"11. Examine whether there is a need for a Magnolia/Mulberry
one-way couplet and include an economic impact, as well as
a transportation circulation, analysis of one-way street
systems as part of the City's 'Comprehensive Multi -Modal
Transportation Plan process."
The proposed new language satisfies the concerns of The Group. The Group,
Inc. has provided a letter agreeing to this change and withdrawing its
previous letter of complaint.
The Planning and Zoning Board did not consider this a substantive change to
the Downtown Plan. On August 28, 1989, the Planning and Zoning Board
unanimously adopted the proposed change and recommended Council also
approve the change.
This is the only change being recommended in the Downtown Plan. Staff
recommends approval of the Downtown Plan with the proposed change."
Assistant Planning Director Joe Frank gave a brief presentation and
responded to questions from Council. He outlined the concerns from the
Group, Inc., and the response that was prepared by the Downtown Development
Authority. He commented on the economic and transportation impact of the
proposed one-way streets in the Downtown Plan and spoke of the recommended
change to the Downtown Plan which clarified the policy governing one-way
streets.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to
adopt Resolution 89-145.
Development Services Director Mike Davis outlined staff's plan to
thoroughly analyze the economic impact of the existing and proposed one-way
couplets.
Assistant Planning Director Joe Frank spoke of four conceptual alignments
connecting Vine Drive between Wood Street and College Avenue and noted the
pros and cons of each alignment.
Brad Edwards, Fort Collins resident, commented on the Vine Drive extension
that would go through Lee Martinez Park.
Councilmember Maxey commented on the effect of the Downtown Plan and the
possible solutions that could be reached with regard to Vine Drive.
1
-462-
September 5, 1989
'
Councilmember Edwards noted the benefits
associated with the
Downtown Plan
and expressed support for the background
information that was
provided by
Chip Steiner of the DDA.
Councilmember Kirkpatrick commented on
the Downtown Plan
document and
encouraged support and continued effort
to make downtown
Fort Collins
unique.
The vote on Councilmember Azari's motion
to adopt Resolution
89-145 was as
follows: Yeas: Councilmembers Azari, Edwards,
Horak, Kirkpatrick, Mabry,
Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 127, 1989, Amending Section
25-244 of the Code Allocating the
Lodging Tax for Specific Uses,
Adopted on Second Reading
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
This action provides a formula for allocating lodging tax revenues as
follows: 75% for promotion of conventions and tourism and 25% for the
'
Cultural Development and Programming Account (Fort Fund).
EXECUTIVE SUMMARY
At the August 1 City Council meeting, Council voted to continue funding for
the Cultural Development and Programming Account (Fort Fund) from lodging
tax revenue. At the August 15 meeting, Council decided to change the
lodging tax revenue formula, effective January 1, 1990, from 70% convention
and tourist promotion, 20% Cultural Development and Programming (Fort Fund)
and 10% Mitigation Account to 75% Convention and Tourist Promotion and 25%
Cultural Development Account (Fort Fund)."
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to
adopt Ordinance No. 127, 1989 on First Reading.
Councilmember Horak made a motion, seconded by Mayor Winokur, to amend the
allocation to read 70% and 30%.
Councilmember Horak encouraged the revenue be kept in the Cultural
Development and Programming activities and commented on the benefits of the
additional revenues.
Councilmember Kirkpatrick noted her support of Cultural Programming but,
stated she believed that the Convention Visitor's' Bureau could more
,
-463-
September 5, 1989
efficiently utilize the lodging tax dollars and stated she would not
support the proposed amendment.
Councilmember Azari spoke of the reallocation of lodging tax funds and the
coordination between the Cultural Resources Board and the Convention
Visitor's Bureau centering around the issues of marketing and development.
She stated she believed that the additional dollars allocated in the
Ordinance will effectively carry out the marketing ideas presented by the
Convention and Visitor's Bureau.
Councilmember Edwards stated that he believed the proposed 75%-25% split
was a reasonable compromise and encouraged that those figures be
maintained.
The vote on Councilmember Horak's motion to amend Ordinance No. 127, 1989
on First Reading was as follows: Yeas: Councilmembers Horak and Winokur.
Nays: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, and Maxey.
THE MOTION FAILED.
Mayor Winokur stated he would not support the motion because it represented:
the removal of 10% of the funds that could be used to offset environmental
impacts associated with tourism and convention activities.
The vote on Councilmember Mabry's motion to adopt Ordinance No. 127, 1989
on First Reading was as follows: Yeas: Councilmembers Azari, Edwards,
Kirkpatrick, Mabry, and Maxey. Nays: Councilmembers Horak and Winokur.
THE MOTION CARRIED.
Resolution 89-165 Earmarking Funds
in the Maintenance and Mitigation
Account for Expenses Related to
the 1992 CML Annual Conference
to be held in Fort Collins. Failed
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
The Resolution would earmark the total balance (currently $45,316) in the
Maintenance and Mitigation Account for the City's 1992 CML Conference
expenses.
EXECUTIVE SUMMARY
On August 15, Council adopted a motion (4-3) to direct staff to return to
Council with the appropriate legislation to earmark --the entire balance of
' the Maintenance and Mitigation Account for expenses in connection with the
City of Fort Collins hosting the 1992 Colorado Municipal League., (CML)
conference.
-464-
September 5, 1989
The Resolution would set aside the current unspent balance of $45,316 in '
the Maintenance and Mitigation Account to offset City expenses associated
with the CML conference to be held in Fort Collins from June 16-20, 1992.
Actual City costs for sponsoring the conference are estimated to be between
$20-40,000. Funds will need to be appropriated by Council Ordinance prior
to actual expenditure at a later date.
The Maintenance and Mitigation Account was created in 1987 to set aside 10%
of the lodging tax receipts to mitigate the impact of tourist -related
activities and events. In the past, these funds have been used to offset
the specific impacts of such events as the Fourth of July celebration,
traffic control associated with the CSU-CU football games, and similar
events.
Following is a summary of estimated City of Fort Collins costs for hosting
the conference. The CML has made an on -site inspection and initially
recommends the use of CSU for all meetings and conferences and the five
major hotels for lodging, meal functions and social activities. These
estimates do not reflect any possible reductions that might result from
cooperative negotiations with other supporting entities such as the CVB,
CSU, neighboring municipalities, and local businesses.
Estimated Costs '
CSU Student Center Facility Fee ........... $ 5,600
CSU Office of Conference Services
Coordination Fee ..... ....................$11,000
Intra-City Transportation ................. $14,625
Promotional City Mailing ..... .. . $ 500
Host 1990 and 1991 CML Conference Receptions$ 4,500
Contingency ............................... s 1,000
TOTAL ESTIMATED COSTS.... $37,225
Remaining Account Balance ................. $ 8,091
The conference golf tournament will be a self-supporting activity, with
registrants paying the actual cost as a part of the conference
registration. The City may provide staff or volunteers to assist with the
golf tournament and with other activities, such as the registration desk at
an as yet undetermined cost to the City. The City may also wish to sponsor
all or a portion of the costs for spouse's programs and additional
activities such as a concert, which could be paid for from the account.
The Marriott and Holiday Inn have indicated a willingness to co-sponsor the
opening reception, which is estimated to cost $2,500 to $3,000.
The CML conference will attract an attendance of approximately 800 '
individuals. The 1989 Breckenridge CML conference attracted 650 municipal
attendees and 250 commercial participants. The 1992 CML conference will
September 5, 1989
' have a positive revenue impact on the Fort Collins community and will
enhance the community's image.
Attached are letters from the CVB and the CML outlining some of the
preliminary understandings and estimates concerning the 1992 conference.
With the adoption of the Ordinance in the previous agenda item, lodging tax
revenues will no longer be allocated to a Maintenance and Mitigation
Account and will instead be allocated to the CV8 and the Cultural
Development and Programming Account (Fort Fund) in accordance with the new
allocation formula."
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to
adopt Resolution 89-165.
Councilmember Horak stated he would not support the motion and expressed
dissatisfaction with the way the maintenance and mitigation funds have been
allocated in the past.
Councilmember Azari expressed concern about setting the dollars aside for
1992 and encouraged Council to look at the potential in the 1990 Budget to:
form a program that would support the air quality task force, the
comprehensive environmental plan, and bring together the issues centering
around the development of trail system and open space areas.
' Councilmember Edwards expressed concern regarding the far-reaching
commitment and the lack of connection between the mitigation and
maintenance fund and the promotion of a large convention and stated he
would not support the motion.
Councilmember Kirkpatrick indicated she would not support the motion and
suggested the dollars be placed in the General Fund to be used to mitigate
the impact of tourist related activities.
The vote on Councilmember Mabry's motion to adopt Resolution 89-165 was as
follows: Yeas: Councilmembers Mabry, Maxey, and Winokur. Nays:
Councilmembers: Azari, Edwards, Horak, and Kirkpatrick.
THE MOTION FAILED.
Ordinance No. 118, 1989, Amending
the Code Relating to Vendors'
Retention of a Portion of Sales
Taxes Collected. Postponed until September 19
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
' During discussions with the City Council regarding funding mechanisms for
the Choices 95 Capital Improvement Program, many options were discussed.
-466-
September 5, 1989
In addition to the quarter cent sales tax which was approved by the voters
on March 7, 1989, Council included a $100 cap on the present 3% vendor fee
'
deduction to complete the Choices 95 funding requirements. This Ordinance,
which was adopted 4-3 on First Reading on August 15, provides the City with
approximately $270,000 per year (1990 dollars) in additional revenue, and
provides the necessary funding for the Choices 95 Capital Improvement
Program.
Failure to adopt this change to the City Code will leave the Choices 95
funding package short $270,000 per year (1990 dollars). This would require
that Council either reduce the number of projects in the capital
improvement program, or identify another source of revenue to fully fund
the program."
Councilmember Horak made a motion, seconded by Councilmember Edwards, to
adopt Ordinance No. 118, 1989 on Second Reading.
Deputy City Manager Skip Noe gave a brief presentation and responded to
questions from Council.
Tim Kruger, Spradley-Ghent, asked that the 3% vendors fee be retained.
Dick Dellenbach, Dellenbach Chevrolet, asked that the ordinance be
defeated.
Joe Campanella, Manager, King Soopers, opposed the $100 fee cap.
'
Roger Lang, Director of Operations, U.S. West Communications, spoke
regarding the cost of processing annexations and spoke against the
ordinance.
Gene Markley, Markley Motors, spoke about the costs of collecting and
remitting sales tax.
Dean Wagner, Colorado Import Motors, spoke regarding audit and automation
costs and encouraged further discussion of the vendor fee issue.
Scott Larabee, Larabee Furniture, raised questions concerning fairness and
asked that the ordinance be defeated.
Mike Hauser, Chamber of Commerce, summarized the issue of direct and
indirect costs.
Bruce Lockhart, 2500 East Harmony Road, spoke of the political aspects of
setting the fee cap at one hundred dollars.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey,
to amend line six of paragraph (c), of Ordinance No. 118, 1989 on Second
Reading to read $150.
September 5, 1989
Councilmember Kirkpatrick commented on the $150 fee cap and the average
hours and salary per month on which that fee is based. She spoke regarding
the cost of collecting and remitting sales tax.
The vote on Councilmember Kirkpatrick's motion to amend Ordinance No. 118,
1989 on Second Reading was as follows: Yeas: Councilmembers Kirkpatrick,
Maxey, and Winokur. Nays: Councilmembers Azari, Edwards, Horak, and
Mabry.
THE MOTION FAILED.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to
amend Ordinance No. 118, 1989 on Second Reading by adding the words in the
first line of subparagraph (c), "to require vendors to file a tax return on
the same schedule as the state sales tax returno and in the third line
change the words "preceeding month" to "reporting period".
Councilmember Maxey spoke of the monthly return requirement' which is not
required by the State, but would allow a cost reduction for small vendors
when the forms are filed.
Finance Alan Krcmarik commented on tax returns that would be filed on a
monthly basis and stated that he believed that the proposed language would
not control all vendors.
' Councilmember Horak stated he would not support the motion and noted that
there was ample time for staff to return to Council with additional
information to make the necessary changes.
Councilmember Kirkpatrick stated she agreed with. Councilmember Horak's
comments, but indicated the need to see the effect prior to supporting the
motion.
Councilmember Mabry expressed concern regarding the potential impacts on
revenue and on smaller businesses where the reporting requirements under
the State laws differ.
The vote on Councilmember Maxey's motion to amend Ordinance No. 118, 1989
on Second Reading was as follows: Yeas: Councilmembers Maxey and Winokur.
Nays: Councilmembers Azari, Edwards, Kirkpatrick, Horak, and Mabry.
THE MOTION FAILED.
Councilmember
Mabry made a motion, seconded by Councilmember
Maxey, to
postpone consideration of Ordinance No. 118, 1989 on -Second Reading until
September 19
and requested staff further research the
issue of
standardizing
the City's reporting schedule with the State's
and report
back to Council
with the impacts of the reporting requirements.
Yeas:
1
.
-468-
September 5, 1989
Councilmembers Azari, Edwards, Mabry, and Maxey. Nays: Councilmembers
Horak, Kirkpatrick, and Winokur.
THE MOTION CARRIED.
Resolution 89-166, Relating to the
Fort Collins -Loveland Airport, Adopted
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
There is no direct financial impact from the adoption of this Resolution,
however, it is estimated that the strategic plan will cost approximately
$30,000 and will later require Council authorization and a supplemental
appropriation.
EXECUTIVE SUMMARY
At the August 22 worksession with the Fort Collins -Loveland Airport
Authority, Council directed staff to prepare a resolution that reaffirms
the City's commitment to the Airport, directs staff to solicit RFP's and to
hire a consultant to prepare a strategic plan, and provides direction for
the lease of the Airport to the Authority during the time the strategic
plan is being produced.
In February of 1989, the cities of Fort Collins and Loveland formed a staff
task team to look into the issue of the Fort Collins -Loveland Municipal
Airport. The first major undertaking of the task team was to prepare an
operations assessment of the current method of operations. That assessment
found that many opportunities existed for improving efficiency in the
current operations at the Airport. However, it only addressed the Airport
from the standpoint of the existing management structure. The joint
recommendation of the staff from both cities was to hire an outside
consultant to prepare a strategic plan for the Fort Collins -Loveland
Municipal Airport. Discussions with the Airport Authority and City Council
from both cities indicated a joint desire to prepare an RFP to hire a
consultant to prepare the strategic plan."
Councilmember Maxey withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to
adopt Resolution 89-166.
Deputy City Manager Skip Noe commented on the strategic plan a mechanism to
properly evaluate the operations at the Fort Collins -Loveland Airport.
Z-112
September 5, 1989
IThe vote on Councilmember Azari's motion to adopt Resolution 89-166 was as
follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry,
and Winokur. Nays: None. (Councilmember Maxey withdrawn)
THE MOTION CARRIED.
Resolution 89-167 Creating and
Making Appointments to an Ad -Hoc
Council Governance Committee Adopted
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
In June, Council adopted a Resolution setting a number of goals, including
one to "encourage accurate communications between the City and the citizens
and customers." Council included under this goal the creation of an ad hoc
committee of the City Council to address the following governance issues:
Council leadership, district representation, and the office of Mayor.
The Resolution would create a three member Ad -Hoc Governance Committee and -
appoint three Councilmembers to serve. Specific topics for Committee
review and a timetable for the Committee's workplan are set out in the
' Resolution."
Councilmember Edwards made a motion, seconded by Councilmember Azari, to
adopt Resolution 89-167 inserting the names of Councilmembers Azari, Horak,
and Maxey.
Councilmember Azari spoke of Council Is intent to engage in an effort to.
reach out to the community to discuss issues surrounding governance.
Mayor Winokur expressed his support for the motion and stated he believed
that the Committee will be able to place the issue in the hands of the
public for discussion.
The vote on Councilmember Edwards' motion to adopt Resolution 89-167 was as
follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry,
Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Horak expressed concern about the_ lack of detailed
information on the County hearing process on September 11 regarding the
prioritization of highway projects.
-470-
September 5, 1989
City Manager Burkett commented on the informal basis in which the meetings '
between the County Commissioners Office and the City were conducted.
Councilmember Maxey stated that as the Transportation liaison, he had not
heard any previous discussion on the issue and commented on the closeness
of the deadline.
Mayor Winokur stated that the expressway was the top priority for Fort
Collins and that information should be communicated to the state as soon as
possible.
City Manager Burkett requested that Council adjourn until 6:00 p.m. on
September 12, 1989.
Ad.iournment
Councilmember Kirkpatrick made a motion, seconded by Councilmember Mabry,
to adjourn the meeting until 6:00 p.m. on Tuesday, September 12, to
consider adjourning into Executive Session. Yeas: Councilmembers Azari,
Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
The meeting adjourned at 9:20 p.m.
Mayor t
TEST:
City Clerk
-471-