HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/21/2022 - SECOND READING OF ORDINANCE NO. 066, 2022, APPROPR Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY June 21, 2022
City Council
STAFF
Brian Hergott, Facilities Project Manager
Tracy Ochsner, Assistant Operations Services Director
Jill Hueser, Chief Judge
Ingrid Decker, Legal
SUBJECT
Second Reading of Ordinance No. 066, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of
Appropriations for the 215 North Mason Street Renovation for Municipal Court and the City Attorney’s Office
and Related Art in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 7, 2022, appropriates $700,000 from General
Fund Reserves to address urgent renovation needs on the first floor at 215 North Mason Street. Municipal
Court and the City Attorney’s Office are jointly requesting this appropriation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 7, 2022 (w/o attachments) (PDF)
2. Ordinance No. 066, 2022 (PDF)
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Brian Hergott, Facilities Project Manager
Tracy Ochsner, Assistant Operations Services Director
Jill Hueser, Chief Judge
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 066, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of
Appropriations for the 215 North Mason Street Renovation for Municipal Court and the City Attorney’s Office
and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to request $700,000 in appropriations from General Fund Reserves to address urgent
renovation needs on the first floor at 215 North Mason Street. Municipal Court and the City Attorney’s Office are
jointly requesting this appropriation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Municipal Court was moved into its current location at 215 North Mason in 2007 when the Justice Center became
over-crowded and required the court to vacate the space. This location was available at the time, was empty
and could provide a temporary court space with minimal renovations. There have been limited space changes
since 2007 to address the most severe safety and security needs, but little to address changes in staffing and
operations. The City has spent a total of $637,350 over the last 15 years (including initial move-in costs), but
court caseloads have continued to grow and programming has expanded over the years. The Court and the
City Attorney’s Office (which is responsible for the prosecution function and needs office/work space at Municipal
Court) have hired more staff to handle these caseloads and new programs.
Municipal Court has submitted BFO offers in the past to address these issues, but no funding has been
recommended or approved. Staff again plans to submit two new offers in the 2023-2024 BFO process,
requesting funding for a plan that would address projected space needs for Municipal Court and related
operations for a 15- or 30-year time horizon. Both options would require more than doubling the current space
and will be multimillion dollar projects. While staff continues work on the long-term plan, there are urgently
needed modifications to enable the court in the interim to provide a higher standard of public access and service,
meet current hearing schedules, and provide appropriate space for the increased staff.
As it stands, both the Court and the City Attorney’s Office have staff funded and ready to onboard who do have
a workspace, and there is not adequate space for defendants to discuss their cases with prosecutors without
their conversations being overheard. Staff continues to address the safety and security needs for employees
and the public.
In 2021, Clark Enersen completed a thorough study of the Court’s current space and future space needs. They
ATTACHMENT 1
COPY
Agenda Item 9
Item # 9 Page 2
identified the current space size and its limitations and developed both 15-year and 30-year plans addressing
standard space requirements for courts.
This funding request will address the urgent needs for an interim period while phasing and final plans are
approved and can move forward. The planned renovations to be completed with these funds are aligned with
the plans from Clark Enersen so that they will be incorporated into the final plan. However, they do not address
any renovations to the courtroom.
CITY FINANCIAL IMPACTS
The $700,000 funding will come from General Fund Reserves. $693,000 will be expensed in the General Fund
for the renovation and $7,000 will be transferred to the Cultural Services & Facilities Fund for Art in Public Places.
BOARD / COMMISSION RECOMMENDATION
This request was presented to Council Finance on May 4, 2022, and the Committee expressed support for
bringing this item to Council to request the necessary funding.
PUBLIC OUTREACH
No specific public outreach was done, but the Courts do receive complaints from the public about the current
process and inadequate space to meet with attorneys regarding their cases.
ATTACHMENTS
1. Council Finance Committee Minutes (PDF)
2. First Floor Demo Plan (PDF)
3. Floor Plan (PDF)
4. Renovation Cost Estimate (PDF) COPY
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ORDINANCE NO. 066, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE 215 NORTH MASON STREET RENOVATION FOR
MUNICIPAL COURT AND THE CITY ATTORNEY’S OFFICE AND
RELATED ART IN PUBLIC PLACES
WHEREAS, Fort Collins Municipal Court moved into its current location on the first floor
of the City’s office building at 215 North Mason Street in 2007 when the space the Court formerly
occupied in the Justice Center at 201 LaPorte Avenue was needed for use by the Colorado Judicial
Department;
WHEREAS, since 2007, minimal improvements to the space have been made to address
the most significant safety and security needs, but little has been done to space needs due to
increased caseloads, changes in staffing and operations and expanded programming; and
WHEREAS, work has been underway to thoroughly study the Court’s current space and
future space needs and the staff and consultant team has developed a 15-year and a 30-year
preliminary plan addressing standard space requirements for the Court and other needs for Court-
related programs and functions and for the City’s Attorney’s Office municipal prosecutors; and
WHEREAS, funding for longer-term improvements for Municipal Court and related
functions will be considered as part of the 2023-2024 Budgeting for Outcomes (“BFO”) process;
and
WHEREAS, while next steps on a long-term plan for Court improvements continue, it is
necessary to address urgent needs so that the Court and the municipal prosecutors can provide a
higher standard of public access and service, meet current hearing schedules, provide appropriate
space for increased staff, provide adequate space for defendants to discuss their cases with
prosecutors in private, and address safety and security needs for employees and the public; and
WHEREAS, this appropriation will address the urgent needs for an interim period while
phasing and final plans are approved; and
WHEREAS, the planned renovations to be completed with these funds (the “Project”) are
aligned with the plans that have been developed, so they will be in furtherance of and incorporated
into the final plan; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of providing adequate space and security
needs for employees and the public; and
WHEREAS, this Project involves construction estimated to cost more than $250,000 and,
as such, City Code Section 23-304 requires one percent of these appropriations to be transferred
to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places program
(“APP Program”); and
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WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance at any
time during the fiscal year such funds for expenditure as may be available from reserves
accumulated in prior years, notwithstanding that such reserves were not previously appropriated;
and
WHEREAS, the Interim City Manager has recommended the appropriations described
herein and determined that these appropriations are available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund to exceed
the current estimate of actual and anticipated revenues and all other funds to be received in these
funds during this fiscal year; and
WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to another
fund or capital project, provided that the purpose for which the transferred funds are to be expended
remains unchanged, the purpose for which the funds were initially appropriated no longer exists,
or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds
the amount needed to accomplish the purpose specified in the appropriation ordinance; and
WHEREAS, the Interim City Manager has recommended the transfer of $7,000 from the
General Fund to the Cultural Services & Facilities Fund and determined that the purpose for which
the transferred funds are to be expended remains unchanged; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project that such appropriation
shall not lapse at the end of the fiscal year in which the appropriation is made but continue until
the completion of the capital project; and
WHEREAS, the City Council wishes to designate the appropriation herein for the
renovation at 215 North Mason for Municipal Court and the City Attorney’s Office as an
appropriation that shall not lapse until the completion of the project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of SEVEN HUNDRED THOUSAND DOLLARS ($700,000) to be expended in the
General Fund for the renovation at 215 North Mason for Municipal Court and the City Attorney’s
Office.
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Section 3. That the unexpended and unencumbered appropriated amount of FIVE
THOUSAND FOUR HUNDRED SIXTY DOLLARS (5,460) in the General Fund is hereby
authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein to fund art projects under the APP Program.
Section 4. That the unexpended and unencumbered appropriated amount of ONE
THOUSAND FOUR HUNDRED DOLLARS ($1,400) in the General Fund is authorized for
transfer to the Cultural Services and Facilities Fund and appropriated and expended therein for the
operation costs of the APP Program.
Section 5. That the unexpended and unencumbered appropriated amount of ONE
HUNDRED FORTY DOLLARS ($140) in the General Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated and expended therein for the maintenance
costs of the APP Program.
Section 6. That the appropriation herein for the renovation at 215 North Mason for
Municipal Court and the City Attorney’s Office is hereby designated, as authorized in Article V,
Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year
but continue until the completion of the project.
Introduced, considered favorably on first reading and ordered published this 7th day of
June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk