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HomeMy WebLinkAboutMINUTES-09/19/1989-RegularSeptember 19, 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 19, 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: Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Staff Members Present: Burkett, Krajicek, Roy Citizen Participation A. Proclamation Naming September as Bicycle Helmet Awareness Month was accepted by Christine Burge. B. Proclamation Naming September 18-23 as Adult Day Care Week was accepted by Kathy Rice, a representative of Elderhaus, 605 South Shields Street. C. Proclamation Naming September 22 as American Business Women's Day was accepted by a representative of the Choice City Charter Chapter of the American Business Women's Association. D. Proclamation Naming September 24-30 as National Deaf Awareness Week was accepted by Maire Cacciatore, Secretary, Colorado Association of the Deaf and Charles Watts, President, Longs Peak Chapter of the Colorado Center on Deafness. E. Proclamation Naming October 2-8 as Drug and Alcohol Awareness Week was ,accepted by Susan Cole, representing Poudre R-1 School District. F. Presentation to Police Department by Colorado Seat Belt Network was made by Mr. Dave Hlavac, Director, Colorado Seatbelt Network who presented the award to Officer Ken Kirchoff. G. uundi,ion dnu pidnn ng or trees at rreeaom aguare ana martinetyarK was made by City Forester Tim Buchanan who introduced and presented plaques to Barbara Brown and Dr. Tim Borden, Fort Collins Jaycees and Bob Hayes of the Fort Collins Breakfast Rotary. Yolonda C. Nicely, 1625 Crestmore Place, spoke of the value of the Poudre River and recommended NRA designation for the Poudre. -473- September 19, 1989 Gina Janett, 337 Edwards, representing Citizen Planners, thanked Council for including the recycling program in the 1990 Budget and asked that the City take a leadership role in the use of recycled products. Jim Creeden, P.O. Box 1022, expressed concern about the Police Department's overtime budget and asked that the Police Department be given #1 priority status. Agenda Review: City Manager City Manager Burkett requested that Item #13 b, Non -Exclusive Easement from the City to Bruce H. Davidson and Kimberly Vanderpool Davidson, 339 North Hollywood Street, be withdrawn from the Consent Agenda and that Item #19, Resolution 89-171, Accepting the Improvements and Ordering Notice of Assessment in the Oakridge Business Park Special Improvement District No. 91, be withdrawn and brought back to a future meeting. Councilmember Kirkpatrick asked that Item #12, Resolution 89-170 Making Appointments to the Housing Authority and the Senior Advisory Board, be removed from the Consent Calendar. Jim Creeden, P.O. Box 1022, withdrew Item #11, Resolution 89-169 Authorizing an Intergovernmental Agreement with the City of Loveland and Larimer County to Lease an Off -Site Facility for Law Enforcement Purposes, from the Consent Agenda. 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 #14, Pulled Consent Items. 5. Items Related to the Allin Annexation and Zoning. A. Second Reading of Ordinance No. 119, 1989, Annexing Approximately .50 Acres, Known as the Allin Annexation. Second 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. On September 5, Council unanimously adopted Resolution 89-155,.Setting Forth Findings of Fact and Determinations Regarding the Allin Annexation. -474- September 19, 1989 ' On September 5, Council also unanimously adopted on First Reading Ordinance No. 119, 1989 and Ordinance No. 120, 1989 annexing and zoning 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 Items Relating to Highway 14 East Third Annexation and Zoning_ Second Reading of Ordinance No. 121, 1989, Annexing Approximately 2.6 Acres Known as Highway 14 East Third Annexation. Second Reading of Ordinance No. 122, 1989, Zoning Approximately 2.6 Acres Known as Highway 14 East Third into RC River Corridor District. On September 5, Council unanimously adopted Resolution 89-156 Setting t Forth Findings of Fact and Determinations Regarding the Highway 14 East Third Annexation. On September 5, Council also unanimously adopted on First Reading Ordinance No. 121, 1989 and Ordinance No. 122, 1989, annexing and zoning 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 A. Second Reading of Ordinance No. 123, 1989, Annexing Approximately — 100 Acres Known as I-25 Second Annexation. B. Second 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. On September 5, Council unanimously adopted Resolution 89-157 Setting• Forth Findings of Fact and Determinations Regarding the I-25 Second ' Annexation. -475- September 19, 1989 Q On September 5, Council also unanimously adopted on First Reading Ordinance No. 123, 1989 and Ordinance No. 124, 1989, annexing and zoning 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 Second Reading of Ordinance No. 125, 1989, Amending Chapter 3 of the Code Relating to Alcoholic Beverages. B. Second Reading of Ordinance No. 126, 1989, Amending Chapter 3 of the Code Relating to the Collection of the Alcoholic Beverages Occupation Tax. These Ordinances were unanimously adopted on First Reading on September 5. 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. 10. Resolution 89-168 Authorizing a Professional Services Agreement in the Amount of $191.878 with Black and Veatch Engineers for the Construction Administration Phase of the Water Plant Optimization Project. Black and Veatch Engineers has conducted the plant optimization study to identify alternatives for optimizing treatment capacity and has provided the engineering design for the viable options. The resolution would provide authorization for the agreement to continue with the next phase of the project, construction administration. 11. Resolution 89-169 Authorizinq an Interqovernmental Agreement with This Resolution will authorize Police Services to participate in leasing off -site office space with the Loveland Police department and Larimer County Sheriff's Department. The facility will be shared by personnel having similar investigative responsibilities. -476- September 19, 1989 I 12 13 Resolution 89-170 Making Appointments to the Housing Authority and the Senior Advisory Board. A vacancy/ currently exists on the Housing Authority due to the resignation of Lora Beerbower. Councilmembers Edwards and Azari reviewed the active applications on file and are recommending that the current alternate, John Kefalas, fill the Ms. Beerbower's position and that Scott Woods be appointed to fill the alternate position. A vacancy also exists on the Senior Advisory Board due to the death of Sam Rosenthal. Councilmember Azari reviewed the list of active applicants and is recommending Kenneth Stubler be appointed to fill the position. This Resolution appoints the following individuals with terms to expire as set forth after each name: Housing Authority John Kefalas Scott Woods (alternate) Senior Advisory Board Kenneth Stubler Routine Easements. a. Powerline Easement from needed to underground Consideration: $10. Expiration of Term July 1, 1990 July 1, 1991 July 1, 1992 518 Laurel Partnership, 518 West Laurel, existing overhead streetlight services. b. Non -Exclusive Easement from the City to Bruce H. Davidson and Kimberly Vanderpool Davidson, 339 N. Hollywood Street, needed to provide access to their property. The Davidsons have purchased the land adjacent to the City's property on Michaud Lane and will be installing access lanes and utilities off Michaud Lane to their property. These lanes will cross City property. This agreement grants the Davidsons access to their land and protects City interests. Consideration: $10. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. A. ;1 1111►192 September 19, 1989 Item V . A. 1.1 Item #8. A. 0 condition. Item #9. A. Q Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. 17JUT0111(IT11' •'i191i Resolution 89-169 Authorizing an Intergovernmental Agreement with the City of Loveland and Larimer County to Lease an Off -Site Facility for Law Enforcement Purposes, Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT Ten thousand dollars for 1989 expenses has been identified from contingency funds and $21,802 for 1990 lease expenses is included in the proposed 1990 Police Services Budget. The terms discussed for this property are extremely attractive and well within the budgeted allocations. EXECUTIVE SUMMARY This Resolution will authorize Police Services to participate in leasing off -site office space with the Loveland Police department and Larimer County Sheriff's Department. The facility will be shared by personnel having similar investigative responsibilities. 1 -478- September 19, 1989 ' There are several advantages to pursuing this concept. First, movement of seven investigative personnel to an off -site facility will significantly ease the overcrowded conditions within the Investigative Division and will provide remaining personnel a satisfactory work environment. Secondly, the off -site facility will be shared by participating agency personnel who currently maintain a close working relationship. Housing these investigators together will enhance the ability to share information, human resources and equipment. A satisfactory site has been identified in the downtown area and is located at 1171119 West Oak Street. The building is ideally located near the courts, District Attorney's Office and Police Services. Very minimal interior work will be necessary to meet the agencies needs. Preliminary discussions with the building's owner have resulted in very favorable lease terms. This cooperative arrangement will enhance the investigative efforts of personnel from all three agencies." Councilmember Edwards made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 89-169. Jim Creeden, P.O. Box 1022, commented on the length of time taken to remodel and enlarge the Police Department Investigations Division office ' space. The vote on Councilmember Edwards' motion to adopt Resolution 89-169 was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 89-170 Making Appointments to the Housing Authority and the Senior Advisory Board, Postponed Until October 3 Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A vacancy currently exists on the Housing Authority due to the resignation of Lora Beerbower. Councilmembers Edwards and Azari reviewed the active applications on file and are recommending that the current alternate, John Kefalas, fill Ms. Beerbower's position and that Scott Woods be appointed to fill the alternate position. A vacancy also exists on the Senior Advisory Board due to the death of Sam Rosenthal. Councilmember Azari reviewed the list of active applicants and is recommending Kenneth Stubler be appointed to fill the position. -479- September 19, 1989 This Resolution appoints the following individuals with terms to expire as ' set forth after each name: Housing Authority Expiration of Term John Kefalas July 1, 1990 Scott Woods (alternate) July 1, 1991 Senior Advisory Board Kenneth Stubler July 1, 1992" Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt Resolution 89-170. Councilmember Kirkpatrick requested that in the future all applicant information be included in the Council packets. Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak, to postpone consideration of Resolution 89-170 until October 3. Yeas: Councilmembers: Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Public Hearings on the 1990 Recommended , Budget, Revenue Sharing Funds, and Highway Users Tax Fund Moneys Following is staff's memorandum on this item: "EXECUTIVE SUMMARY This is the official Public Hearing on the 1990 Recommended Budget. At this time, Council will receive public comments on the allocation of Revenue Sharing Funds and Highway Users Tax Fund moneys." Mayor Winokur stated that this was the second hearing on the Budget and noted that on October 3 and 17 formal consideration will be given to the ordinances and resolutions enacting the 1990 Budget. Rheba Massey, 1400 Freedom Lane, expressed concern about the 1990 Budget and staffing funds needed for the Historic Preservation Division. Yolonda C. Nicely, 1625 Crestmore Place, encouraged .full funding for the Police Department and commented on $50,000 being allocated for drug education and awareness programs in the schools. Bruce Lockhart, 2500 East Harmony Road, commented on .the excess revenue I that was generated by 1/4 cent tax (RECAP) and stated -he believed the excess should be used for property tax relief per a 1984Resolution. September 19, 1989 Barbara Allison, 1212 Lynnwood Drive, spoke regarding the proposed water and wastewater fee increases. Bob Teuting, 916 Cheyenne Drive, suggested that detailed information regarding the budget process be published in the paper four to six weeks prior to the hearings. John Knezovich, 1205 Green Street, complimented staff on the 1990 budget document and commented on the proposed utility rate increases. He spoke about the losses and cost overruns in the employee benefit package fund. Jim Creeden, P.O. Box 1022, encouraged that construction of a new Police Headquarters facility be a high priority and requested that the Police Department be placed at the top of the City's pay scale. Yolonda C. Nicely, 1625 Crestmore Place, expressed the need for the water pollution issues to be addressed. Ordinance No. 118, 1989, Amending the Code Relating to Vendors' Retention of a Portion of Sales Taxes Collected. Adopted on Second Reading as Amended ' 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. 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 Noe spoke regarding the feasibility of changing the I reporting schedule from the current schedule to the method that is used by the State. -481- September 19, 1989 Finance Director Alan Krcmarik explained the reasons for the accounting of ' sales tax revenues on a cash rather than accrual basis and explained the national standards governing the accrual method of expenses. Susan Johnson, Chair, Fort Collins Local Governmental Affairs Committee of the Fort Collins Chamber of Commerce, proposed a compromise which would maintain the 3% vendor fee for the first $3,333 of sales tax collected and would impose a 2% vendor fee on sales tax collected in excess of that amount. She explained the compromise would not affect small retailers but the City would be able to collect a portion of the $270,000 that was necessary to fund Choices 95. Gene Markley, Markley Motors, opposed altering the current 3% vendor fee and spoke against the $100 fee cap. He proposed that the vendor fee cap be changed from 3% to 2% which would spread the cost equally among 4,000 plus vendors and suggested including a sunset clause which would restore the 3% fee in 1996 to concur with the expiration of the recently adopted sales tax. Dick Dellenbach, 1737 Rangeview Drive, opposed the Ordinance and asked Council to look elsewhere for revenue to fund Choices 95. Peter Salg, QSC Restaurants, 132 West Mountain Avenue, opposed the vendor fee cap. Jim Creeden, P.O. Box 1022, believed the City should have better publicized , vendor fee cap information as a funding source for Choices 95. Yolonda C. Nicely, 1625 Crestmore Place, spoke of public support for Choices 95 projects and stated she believed that the vendor fee cap issue should not threaten Choices 95. She encouraged an equitable solution be reached that would benefit all those involved. Bruce Lockhart, 2500 East Harmony Road, suggested the revenue projections be less conservative and urged earmarking the excess revenues over the projections for Choices 95. He encouraged Council to consider using a portion of the $700,000 in the Street Oversizing Fund. Councilmember Azari commented on the implementation of the Choices 95 program and stated she believed that the expected short -fall of $270,000 could be budgeted for in order to fully fund Choices 95. She noted her discomfort with the conflicting view points within the information she had received regarding vendor fee caps and stated she would not support the Ordinance. Councilmember Mabry spoke of his frustration regarding the vendor fee cap issue. He clarified that the vendor fee cap was not a Choices 95 issue, but rather a sales tax issue and outlined that it was a fee cap that applied to all of the sales tax that was collected within Fort Collins, not just the portion of the tax associated with Choices'95. He.elaborated on , the revenue raising issue and stated that he was convinced that the evidence substantiated that a $100 monthly fee collected from ,each vendor K"Al September 19, 1989 would not cover the costs involved to collect the tax on the City's behalf. He stated the issue was not fair and equitable and that he would not support the motion. He expressed disappointment about not being presented with a fair proposal and urged that an amendment be proposed that would address the equity issues. Councilmember Kirkpatrick pointed out that the 3% tax on the base tax rate has existed since 1968 on a 1% sales tax base. She emphasized the need to review the vendor fee policy after a twenty year existence. She stated she would support the Ordinance on Second Reading because a better alternative had not been presented. Councilmember Edwards explained his reasons for supporting the motion and the need for adjustments in the current vendor fees. He pointed out the City has been paying 3% on an increased sales tax rate and spoke of the original reasons for the institution of the vendor fee cap. He commented on the incentives for prompt payment versus reimbursement for the costs involved in collecting and remitting sales tax. He encouraged the City to change its approach to the vendor fee and stated that the incentive had become too large. Councilmember Horak commented on the connection between Choices 95 and the vendor fee cap issue and stated he believed that if additional funds were needed to fund Choices 95, the funds could be allocated. He commented on the average cost information and emphasized the number of public ' discussions held regarding the revenue issues involving Choices 95. He stated that he believed that $100 cap per month was fair and equitable. Mayor Winokur noted that for each vendor there is an individual cost unique to that specific vendor. He elaborated on the inequity issue within the tax system, the public discussions that were held, and various costs that increase and diminish depending on the volume of business that was conducted. Mayor Winokur made a motion, seconded by Councilmember Mabry, to amend Ordinance No. 118, 1989 on Second Reading, to replace the second sentence and insert "Every vendor may deduct 3% of the first $3,000 of the tax to be remitted by him or her under this Article, and 1% of the amount of the tax in excess of $3,000 to be remitted by him or her under this Article for the collection and remittance of the tax". Mayor Winokur clarified that the $3,000 was a monthly amount and the amendment would not negatively impact the small sales tax collector but would continue to provide a fee for tax collection. Councilmember Maxey stated that the amendment would allow approximately $1.5 million per year in retail sales to be taken in before the reduced collection fee would be involved. ' Mayor Winokur added that the amendment would generate approximately $800,000 less than projected over the life of Choices 95. -483- September 19, 1989 Councilmember Edwards stated he would support the amendment and noted the ' advantage to the amendment was the incentive to the large volume retailer for prompt payment. Councilmember Kirkpatrick expressed her appreciation to Councilmember Edwards for his comments but stated she was not convinced that 1% on a ever-increasing volume was the correct answer for the issue of prompt payment. Councilmember Horak stated he believed the costs and the figures that were provided to Council by the retailers were average not marginal cost numbers. He noted the marginal cost was based on having to complete the extra City form versus having to complete the State's paperwork. He commented on the substantial analysis that the proposal had undergone and added that he did not believe that the amended proposal was any more equitable than the previous proposal. The vote on Mayor Winokur's motion to amend Ordinance No. 118, 1989 on Second Reading was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Councilmember Edwards made a motion, seconded by Councilmember Kirkpatrick, to amend Ordinance No. 118, 1989 on Second Reading by deleting the phrase "to cover the expenses of collection and remittance of the tax" and inserting "incentive for prompt and timely remittance of the tax". , Susan Johnson, Chair, Fort Collins Local Governmental Affairs Committee of the Fort Collins Chamber of Commerce, objected to Councilmember Edwards' amendment. Councilmember Mabry stated he believed the amendment overlooked the costs associated with collecting sales tax and stated he would not support the motion. Councilmember Edwards explained the reasoning behind the amendment and the need to recognize the purpose of the vendor fee. He stated he believed the vendor fee was an incentive for prompt and timely payment and not to cover the costs of remittance and collection. The vote on Councilmember Edwards' motion to amend Mayor Winokur's amendment to Ordinance No. 118, 1989 on Second Reading was as follows: Yeas: Councilmembers Edwards, Kirkpatrick, and Winokur. Nays: Councilmembers Azari, Horak, Mabry, and Maxey. THE MOTION FAILED. Mayor Winokur made a motion, seconded by Councilmember Maxey, to amend Ordinance No. 118, 1989 on Second Reading by changing the last sentence as ' follows: delete "to cover the expenses of" and inserting "for". Yeas: -484- September 19, 1989 1 1 Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. The vote on Councilmember Horak's motion to adopt Ordinance No. 118, 1989 on Second Reading as amended was as follows: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. I�I�uI�)t1GI:t�1t1iJ1��)A 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: 75Y, for promotion of conventions and tourism and 25% for the Cultural Development and Programming Account (Fort Fund). - EXECUTIVE SUMMARY At the August I 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, 201' Cultural Development and Programming (Fort Fund) and 10Y Mitigation Account to 75% Convention and Tourist Promotion and 25Y> Cultural Development Account (Fort Fund). This Ordinance, which was adopted 5-2 on First Reading on September 5, sets out the new allocation formula." Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 127, 1989 on Second Reading. Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, and Maxey. Nays: Councilmembers Horak and Winokur. THE MOTION CARRIED. -485- September 19, 1989 Other Business I Councilmember Mabry acknowledged the Choices 95 funding dilemma created by the vendor fee cap changes and encouraged staff to analyze and prepare policy considerations for Council review. Adjournment Councilmember Edwards made a motion, seconded by Councilmember Horak, to adjourn the meeting. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. The meeting adjourned at 10:00 p.m. Mayor AT JEST - City Clerk