HomeMy WebLinkAboutMINUTES-07/15/2014-RegularJuly 15, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, July 15, 2014,
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: Campana, Cunniff; Horak, Overbeck, Poppaw, and
Troxell.
Councilmembers Absent: Weitkunat.
Staff Members Present: Atteberry, Nelson, Daggett.
Agenda Review
City Manager Atteberry stated a brief update on West Nile will be added to the Staff Reports.
Citizen Participation
Eric Sutherland, 3520 Golden Currant, discussed public finance laws, stating they exist for the
protection of taxpayers. He stated the public finance laws have not been followed in the City.
Mel Hilgenberg, 172 North College, announced Symphony events, an open house at the Rescue
Mission, urged Council to enter into a coalition with other entities to refurbish properties for
homeless families, opposed on -street paid parking, and opposed the plastic bag fee.
Cheryl Workman, 2501 Bison Road, discussed homelessness and suggested showers and lockers
be provided, as well as laundry vouchers.
James Day, Latimer County resident, discussed his property, which is in the center of the
Boxelder project. He stated he has not formally been approached with a condemnation order for
his property and asked if bids were already taken by the Boxelder Stormwater Authority for the
project. Additionally, he asked that Council visit the property.
Christine Hickey, Loveland resident, discussed homelessness and suggested showers, lockers,
and laundry facilities be provided.
Mike Pruznick, Fort Collins resident, asked that an agenda item regarding terminating the mall
contract be considered given a missed deadline by the developer. He asked if the senior lien on
the construction loan means it gets paid off before the bonds.
Margaret Griffin, Fort Collins resident, stated she owns land on the Boxelder Creek and
encouraged the Authority to simply get started with the condemnation of her property.
July 15, 2014
Nancy York, 130 South Whitcomb, stated the community should provide for homeless
individuals with compassion.
David Bell, Fort Collins resident, opposed the homeless sweeps and stated the community should
be aiding those in the margins of society.
Lawrence Jurs, Fort Collins resident, stated he is part of the homeless community and suggested
lockers be provided.
Kelly Ohlson, Fort Collins resident, suggested the City should slow down with its stimulus and
subsidization of additional growth and development. He suggested Council eliminate the BOB 2
and street maintenance sales tax from the upcoming election.
Abby Landow, Fort Collins resident, stated she is homeless and suggested lockers with 24-hour
access, laundry vouchers, showers, and perhaps a traveler's aid program.
Taren Hussey, Fort Collins resident, stated he is homeless and also suggested amenities be
provided for homeless individuals. He stated police should not be harassing homeless
individuals in the downtown square.
Zach Humbert, Fort Collins resident, stated he is homeless and there are numerous injustices
occurring within the city. He encouraged Council to designate a park to be available for
camping.
Desiree Fisk, Fort Collins Community Action Network, stated the community must move
forward in combating poverty in the city and stated a balance needs to be found in order to honor
and respect all facets of the community.
Jeremy Wittard, Fort Collins resident, stated he is homeless and encouraged additional public
housing.
Steve Ramer, Fort Collins resident, opposed the police sweeps of homeless individuals and
discussed a coalition of churches in the community which are housing homeless families.
Brandi Williams, Fort Collins resident, expressed appreciation for the speakers and stated some
homeless individuals are afraid of retaliation. She encouraged equal treatment of all members of
the community and opposed the issuance of camping tickets.
Cheryl Distaso, Fort Collins Community Action Network, opposed the process for commercial
organic farmers to opt out of mosquito spraying as it is cumbersome. She opposed the homeless
enforcement sweeps and the homeless meters and supported compassionate and creative
solutions.
Citizen Participation Follow-up
Councilmember Poppaw opposed the homeless meters but asked where the funds would go
should they move forward. She requested a list of non -profits with which the City is working
and asked about the availability of bus passes. City Manager Atteberry replied the City is
planning to implement the meter program unless directed otherwise by Council. He will provide
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information as to where the dollars will go and a list of non -profits with which the City has met
as well as information on bus passes.
Councilmember Poppaw commended the speakers and stated the sweeps should not have
occurred without communication with the non -profits.
Councilmember Overbeck commended the speakers and encouraged them to stay engaged with
the issue and local government.
Councilmember Conniff encouraged the City to focus on partnering with other entities in order
to develop creative and compassionate solutions for the homeless issue. He asked if an update
regarding the mall would be provided. City Manager Atteberry replied significant
deconstruction and construction is occurring and the City is encouraged by the leasing progress.
The Mall Redevelopment Committee will meet next week.
Councilmember Cunniff requested a future update regarding the bidding process for the
Boxelder project.
Mayor Pro Tern Horak discussed issues relating to homelessness and noted Latimer County
deals with social service issues. Additionally, he noted this is a community issue, not solely a
government issue.
Councilmember Poppaw suggested an audit of the process used by non -profits to distribute bus
passes.
CONSENT CALENDAR
1. Second Reading of Ordinance No. 091, 2014, Appropriating Unanticipated Grant Revenue
into the Transportation Services Fund for the Safe Routes to School Program.
This Ordinance, unanimously adopted on First Reading on July I, 2014, appropriates
unbudgeted funds received through a grant,for the Safe Routes to School Program. The City
of Fort Collins FC Moves Department has received a $25,822 federal grant through the
Colorado Department of Transportation for the 2014-15 Safe. Routes to School (SRTS)
program. This funding will allow the City's Safe Routes to School Program (administered
and staffed by FC Moves) to enhance its pedestrian and bicycle safety education programs.
2. Second Reading of Ordinance No. 092, 2014, Appropriating Prior Year Reserves in the
Downtown Development Authority Fund for Expenditure on Projects and Programs in
Accordance with the Downtown Plan of Development.
This Ordinance, unanimously adopted on First Reading on July 1, 2014, appropriates
unanticipated revenue for the Downtown Development Authority for projects and programs
that enhance the downtown area. These funds, totaling $1,822,273, are from interest
earnings, project savings, and from prior year bond proceeds. The DDA Board has
authorized the expenditure on various projects and programs.
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3. Second Reading of Ordinance No. 093, 2014, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Willow Street Improvements Project and Authorizing the
Transfer of Appropriations from the Building on Basics Pedestrian Plan and ADA
Improvements Project into the Willow Street Improvements Project.
This ordinance, unanimously adopted on First Reading on July I, 2014, appropriates DDA
and local funds into the Willow Street Improvements Project. Previous planning efforts for
the Downtown River District identified improvements along Willow Street as a top priority
project within the River District. Engineering design is schedule to begin in summer of
2014.
4. Second Reading of Ordinance No. 094, 2014, Adopting Design Standards for the Old Town
Historic District.
This Ordinance, unanimously adopted on First Reading on July I, 2014, updates the Old
Town Fort Collins Historic District (Old Town District) Design Standards. The Old Town
Design Standards, originally adopted in 1981, require substantial revisions to address current
historic preservation practices and development concerns related to infill and redevelopment
within and around the Old Town District. The update to the design standards will define and
illustrate characteristics for compatible future development within the Old Town District and
in the adjacent area, and a means for incorporating modern sustainable building practices
into historic preservation projects.
5. Second Reading of Ordinance No. 096, 2014, Authorizing the Mayor to Execute the First
Amendment to the Amended and Restated Intergovernmental Agreement with the Fort
Collins -Loveland Water District, the Fort Collins -Loveland Water District Enterprise and
the Fort Collins Water Utility Enterprise.
This Ordinance, unanimously adopted on First Reading on July 1, 2014, authorizes the
Mayor to execute the First Amendment to the amended and restated intergovernmental
agreement (IGA) with the Fort Collins -Loveland Water District, the Fort Collins -Loveland
Water District Enterprise, and the City of Fort Collins Water Utility Enterprise for the
delivery of potable water. The item will require the party that exceeds the allotment of
water allowed for exchange to provide raw water reimbursement in addition to the charges
for treatment.
6. Second Reading of Ordinance No. 097, 2014, Authorizing the Mayor to Execute an
Intergovernmental Agreement with the North Weld County Water District, the North Weld
County Water District Enterprise, and the Fort Collins Water Utility Enterprise for the
Delivery of Potable Water.
This Ordinance, unanimously adopted on First Reading on July I, 2014, authorizes the
Mayor to execute, an amended and restated intergovernmental agreement (IGA) with the
North Weld County Water District (NWCWD), the North Weld County Water District
Enterprise, and the City of Fort Collins Water Utility Enterprise for the delivery of potable
water. The amendment makes adjustments to the costs associated with exchanging water
between the City and the NWCWD to reflect actual expenses, adjusts the requirement to
balance accounts from annually to monthly, adjusts the allocation of water that is allowed to
be exchanged, and provides for the transfer of associated raw water for any imbalance in
excess of the allocation.
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7. Postponement of Second Reading of Ordinance No. 099, 2014, Amending Chapter 12 of the
City Code to Establish Regulations Regarding Disposable Bags to August 19, 2014.
Staff requests postponement of Second Reading of this Ordinance to August 19, 2014, at the
request of City Council, so that more information can be gathered and compiled to respond'
to questions and issues raised regarding the ordinance. This Ordinance was adopted on First
Reading on July 1, 2014, by a vote of 5-2 (Nays: Troxell, Weitkunat)
8. First Reading of Ordinance No. 100, 2014, Appropriating Prior Year Reserves in the
General Fund to Fund High Priority Security Enhancements.
The purpose of this item is to appropriate funds in the amount of $210,000 to address high
priority security findings identified by a comprehensive security assessment of City
buildings. Funding is requested to implement enhancements to address the high priority
findings identified in a 2013/2014 City building security assessment performed by Lyon &
Associates. Funding will be directed to access control, alarm systems, internal public
address systems, security cameras, and minor remodels to increase security workspace
hardening.
9. First Reading of Ordinance No. 101, 2014, Amending Article XII of Chapter 23 of Citv
Code Relating to Art in Public Places.
The purpose of this item is to amend Article X1I of Chapter 23 of the City Code relating to
Art in Public Places. This Ordinance increases the threshold for art projects requiring City
Council approval from $10,000 to $60,000 to align with the City's Purchasing Code.
10. First Reading of Ordinance No. 102, 2104, Amending the Fort Collins Traffic Code
Regarding Payment of Fares for Use of Public Transportation Vehicles.
The purpose of this item is to provide local legislation specific to fare payment requirements
on public transportation. This proposed Traffic Code is intended to provide local legislation
specific to fare payment requirements on public transportation. This Traffic Code
amendment is patterned after an existing Colorado statute that directly addresses fare
payment requirements on public transportation; a local code would provide due process of
fare violations through Municipal Court.
11. First Reading of Ordinance No. 103, 2014, Authorizing the Conveyance of a Non -Exclusive
Waterline Easement and Temporary Construction Easement on City Property to the North
Weld County Water District and the East Larimer County Water District.
The purpose of this item is to authorize the conveyance of easements on City Property to the
East Larimer County Water District and the North Weld County Water District for their
NEWT 11 Water Transmission Pipeline Project.
The City of Fort Collins Park Planning Department acquired a parcel of old railroad right of
way located east of Taft Hill Road and north of Vine Drive (the "City Property") for future
trait use through the national "Rails to Trails" program. The East Larimer County Water
District and North Weld County Water District (collectively, the "Districts") have begun the
second phase of a multi -phase water transmission pipeline project (the NEWT 11 Project) for
the purposes of conveying treated water from the Districts' Soldier Canyon Filter Plant to
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their drinking water distribution systems. The alignment of the pipeline will cross a section
of the City Property, which is managed by the City Park Planning Department. As such, the
Districts have requested a waterline easement from the City for their project.
12. First Reading of Ordinance No. 104, 2014, Authorizing the Conveyance of a Non -Exclusive
Utility Easement on City Property to the Nunn Telephone Company.
The purpose of this item is to authorize the conveyance of a non-exclusive easement to
Nunn Telephone Company (NTC) for the purpose of installing a fiber-optic connection to an
AT&T fiber regeneration but that is located on a portion of the Meadow Springs Ranch.
The proposed easement is 10 feet wide and approximately 690 feet long and would be
placed immediately adjacent to an existing access road.
13. Resolution 2014-058 Adopting Amendments to the Financial Management Policies.
The purpose of this item is to approve a revised Budget Policy and revised Fund Balance
Policy. Since the last update, staff has developed a new framework for updating,
controlling, formatting and publishing financial policies. The financial policies evolved as
part of the Budget document. In that context they focused on explaining concepts rather
than setting policy. Both of these revised policies were created based on policy guidelines
from the Government Finance Officers Association (GFOA) presented as best practices. As
such, the red line versions of the previous policies have many changes that are not
substantive. Staff has come up with a new format for financial policies to keep them
consistent across all departments within Financial Services.
14. Resolution 2014-059 Authorizing the City Manager to Enter Into an Agreement With the
Members of the Colorado Information Sharing Consortium.
The purpose of this item is to enter into an agreement with the Colorado Information
Sharing Consortium to allow Fort Collins Police Services to continue as a member agency
of Coplink, which allows member agencies throughout Colorado to share valuable
information in order to solve crimes, develop leads and track suspects leading to their arrest.
15. Resolution 2014-060 Authorizing the City Manager to Enter Into an Agreement With the
Poudre School District R-1 for the School Resource Officer Program.
The purpose of this item is to authorize the Mayor to enter into an Intergovernmental
Agreement (IGA) between the Poudre School District R-1 (District) and the City of Fort
Collins, on behalf of Fort Collins Police Services (FCPS) which updates, replaces and
supersedes the previous IGA and continues the School Resource Officer Program.
16. Resolution 2014-061 Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Grant Disbursements.
The purpose of this item is to adopt the recommendations of the Cultural Resources Board to
disburse Fort Fund grants to community events from the Cultural Development and
Programming and Tourism Programming Accounts.
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17. Resolution 2014-062 Making Appointments to Various Boards and Commissions of the
"City of Fort Collins.
The purpose of this item is to make appointments to various boards and commissions
created through resignations or unfulfilled during the annual recruitment process.
**`END CONSENT***
Councilmember Troxell withdrew Item No. 7, Postponement of Second Reading of Ordinance
No. 099, 2014, Amending Chapter 12 of the City Code to Establish Regulations Regarding
Disposable Bags to August 19, 2014, from the Consent Calendar.
Councilmember Cunniff withdrew Item Nos. 8 and 9, First Reading of Ordinance No. 100, 2014,
Appropriating Prior Year Reserves in the General Fund to Fund High Priority,. Security
Enhancements and First Reading of Ordinance No. 101, 2014, Amending Article XII of Chapter
23 of City Code Relating to Art in Public Places from the Consent Calendar. .
Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt and
approve all items not withdrawn from the Consent Calendar. Yeas: Campana, Cunniff, Horak,
Overbeck, Poppaw and Troxell. Nays: none.
THE MOTION CARRIED.
Staff Reports
Jill Oropeza, Watershed Specialist, reported on work, accomplished in the High_ Park fire
remediation area.
Councilmember Cunniff commended the presentation and project and asked if tree planting
programs or federal assistance requests are planned as part of restoration efforts. Oropeza
replied different programs are in place to assist private land owners and the City will work with a
coalition to develop appropriate solutions for each area.
Lindsay Ex, Senior Environmental Planner, reported on the City's Nature in the City program.
David Young, Public Relations Coordinator, provided an update on the City's West Nile Virus
public outreach program.
Councilmember Overbeck commended staff on the outreach program.
Councilmember Troxell requested additional detail regarding the mosquito surveillance location
map. Young replied Mike Calhoon would be a better resource to answer that question.
Councilmember Overbeck requested the opt -out program be expedited. Young replied he would
report to Dan Weinheimer and Mike Calhoon on the topic.
Mayor Pro Tern Horak requested additional information regarding mosquito breeding grounds in
non -maintained alley potholes. , , ,
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Councilmember Reports
Mayor Pro Tem Horak reported Platte River Power Authority has approved the purchase of
another 28 megawatts of wind power.
Councilmember Cunniff reported on the CSU Stadium Design Advisory Committee meeting.
Ordinance No. 099, 2014,
Amending Chapter 12 of the City Code to Establish Regulations
Regarding Disposable Bags, Postponed to August 19, 2014
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
Staff requests postponement of Second Reading of this Ordinance to August 19, 2014, at the
request of City Council, so that more information can.he gathered and compiled to respond to
questions and issues raised regarding the ordinance.
This Ordinance was adopted on First Reading on July 1, 2014, by a vote of 5-2 (Nays: Troxell,
Weitkunat"
Councilmember Troxell stated he pulled the item in order to allow citizen input and requested
additional discussion related to the plan for additional input.
Eric Sutherland, 3520 Golden Currant, stated this Ordinance creates a price mandate which is
unprecedented in the city and virtually in the country.
Becky Woodcox, Fort Collins resident, opposed the language of the Ordinance as an overstep of
City government power.
John Primsky, Fort Collins resident, opposed the disposable bag fee and referred to it as a tax.
Jeff Bailey, Fort Collins resident, stated this Ordinance oversteps the bounds of City government
and is a social endeavor. He opposed the disposable bag fee.
Adella Engel, Fort Collins resident, opposed the disposable bag fee and stated she will travel
outside the city limits to do her grocery shopping if the fee is implemented.
Councilmember Troxell asked if staff has a report on the City's usage of plastic bags. Lucinda
Smith, Environmental Services, replied conversations are occurring with Parks and Natural
Areas staff regarding the City's use of plastic bags. She stated a complete response will be
shared with Council prior to Second Reading.
Councilmember Troxell noted the City dispenses free bags for pet waste and stated people often
use plastic grocery bags for the same purpose. He asked if the County is involved in this
discussion. Susie Gordon, Environmental Services, replied the County has been involved in
conversations, particularly with regard to landfill management.
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Councilmember Troxell discussed glass recycling and stated this issue is of little importance in
comparison to others within the city. ,
Councilmember Overbeck made a motion, seconded by Councilmember Campana, to postpone
Second Reading of Ordinance No. 099, 2014, to August 19, 2014.
Councilmember Campana requested information about the public outreach' process which
occurred prior to First Reading. Gordon replied staff hosted an open house, put up an interactive
web site, and placed advertisements soliciting input.
Councilmember Campana stated he requested the postponement in order to gain additional
public input. The issue is becoming increasingly complex and expressed confidence in the
ability of the City to find creative solutions.
Councilmember Troxell requested staff suggestions regarding additional public input. Gordon
replied that plan has not been formalized; however, a frequently asked questions list is likely to
be provided.
Councilmember Troxell asked about the possibility of an additional option at Second Reading.
Interim City Attorney Daggett replied the scope of the Ordinance relates to regulations regarding
disposable bags. If Council's desire is to do something very different than keeping within the
scope of the First Reading adopted Ordinance, Interim City Attorney Daggett recommended
starting over with'a separate Ordinance.
Councilmember Troxell asked about options for tabling or postponing the Ordinance should
'additional public involvement need to occur. Interim City Attorney Daggett replied the Council
could opt to postpone to a later date or could vote the Ordinance down.
Councilmember Troxell stated he would be seeking improvements to the Ordinance and
discussed the voluntary actions being taken,�by citizens, supporting that tactic over the
implementation of a disposable bag fee.
Councilmember Cunniff stated he would at least like to see minor modifications to the Ordinance
prior to Second Reading.
Councilmember Campana stated modifications to the Ordinance should not be crafted tonight
and encouraged question and answer sessions and solutions from community members.
Councilmember Troxell stated he would like data regarding waste streams in and out of the city
and suggested waste could be considered a resource in direct conversion methods.
Mayor Pro Tem Horak summarized the actions moving forward.
The vote on the motion was as follows: Yeas: Cunniff, Horak, Overbeck, Poppaw, Troxell and
Campana. Nays: none.
THE MOTION CARRIED.
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Ordinance No. 100, 2014,
Appropriating Prior Year Reserves in the General Fund to
Fund High Priority Security Enhancements, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to appropriate funds in the amount of $210,000 to address high
priority security findings identified by a comprehensive security assessment of City buildings.
Funding is requested to implement enhancements to address the high priority findings identified
in a 201.312014 City building security assessment performed by Lyon & Associates. Funding will
be directed to access control, alarm systems, internal public address systems, security cameras,
and minor remodels to increase security workspace hardening.
BACKGROUND / DISCUSSION
There has been an increase in incidents of negative interaction with individuals across the City
contributing to employee's heightened awareness and concern for security particularly in high
use public environments.
In 2013, the Risk Management office contracted. with a security consultant to conduct
comprehensive security assessments of 19 City building. At the conclusion of the assessment, 260
findings were identified and with the assistance of the security, consultant, City Risk Management
staff categorized each finding as high priority, medium priority, low priority or procedural.
Fifty-five (55) of the findings were categorized as high priority.
Prioritization Criteria: High priority, assessment enhancements address areas of highest
probability, for increased risk of employee or citizen injury, use of existing voice over internet
protocol (VOIP) phone systems to enhance emergency communications in City buildings, and
security cameras installed in areas of high use by children such as recreation facilities.
The list of high priority items was provided to Operations Services and Information Technology
for price quotes. The price to accomplish all items on the list as proposed by the security
consultant is $538,460. After review, a scaled back alternative option was proposed that
functionally achieves similar levels of enhanced security with cm estimated price of $210,000.
Implementation of the high priority items will increase the level of security in City facilities
creating a safe, healthy and secure environment for both employees and citizens.
FINANCIAL / ECONOMIC IMPACTS
The total cost to implement the recommended high priority enhancements is $210,000.
ENVIRONMENTAL IMPACTS
While no car, soil or water environments will be impacted by this request, the safety and security
of the employee and citizen environment will be enhanced. "
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Councilmember Conniff asked why this item could not be moved to the next budget cycle. Mike
Beckstead, Chief Financial Officer, replied placing it in the budget cycle is an option; however,
staff opted to bring it forth separately due to the nature of security and the desire to have a safe
and secure workplace.
Councilmember Overbeck asked if there is a list of medium and low priorities in addition to the
high priorities listed in the packet. Beckstead replied the medium and low priorities were not
included in this item, but are available. He stated those items have fallen to the background at
this point as the higher priority items were deemed more important.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt
Ordinance No. 100, 2014, on First Reading.
Councilmember Conniff made a motion to amend, seconded by Councilmember Overbeck, to
postpone consideration of Ordinance No. 100,-2014, indefinitely in order,to allow the item to be
part of the budgeting appropriation.
Councilmember Troxell asked about the urgency of the issue. Beckstead replied a number of
requests to increase security in separate offices were considered and, given the safety issue, staff
opted to bring forth the item separately.
City Manager Atteberry stated he recognizes the significance of bringing forth an offline budget
item; however, creating a safe, secure work environment is a priority for the City. He urged
Council to approve the item given concerns raised by City employees.
Councilmember Conniff asked about the data retention policies with respect to proposed security
cameras and acknowledged he does not take security lightly; however, he feels this item would
be more appropriately included in the regular budget Ordinance.
Councilmember Troxell stated he would oppose postponement and discussed the importance of
the proposed security enhancements.
Councilmember Campana stated he would oppose postponement as safety issues are a primary
concern.
Mayor Pro Tern Horak noted this item will take care of security issues for City facilities which
are funded by the general fund.
The vote on the motion to postpone was as follows: Yeas: Overbeck and Conniff. Nays: Horak,
Poppaw, Troxell and Campana.
THE MOTION FAFLED.
Councilmember Conniff requested staff examine additional efficiencies possible prior to Second
Reading.
The motion on the original motion was as follows: Yeas: Overbeck, Poppaw, Troxell, Campana
and Horak. Nays: Conniff.
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THE MOTION CARRIED.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Ordinance No. 101, 2014,
Amending Article XII of Chapter 23 of City Code Relating
to Art in Public Places, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to amend Article XII of Chapter 23 of the City Code relating to Art in
Public Places. This Ordinance increases the threshold for art projects requiring City Council
approval from $10,000 to $60,000 to align with the City's Purchasing Code.
BACKGROUND /DISCUSSION
Council established the Art in Public Places (APP) program by adopting Ordinance No. 020,
1995 which added Section 23-303 to the City Code.. The Council permanently adopted the APP
Program, and reenacted City Code Chapter 23, Article XII, with certain modifications in 2012.
Currently, Chapter 23, Article XII (Art in Public Places), requires any art project with a cost of
$10,000 or more be approved by City Council, after the project has been reviewed and voted on by
the APP Board and before going to contract. The APP Board is requesting this threshold be
increased to $60,000. The threshold has not changed since the APP program's inception in 105.
Given inflation and increases in the City'spurchasing threshold over the years, this is a much
needed change that will more efficiently utilize limited staff resources. The APP Board is also
requesting this budget threshold be reviewed everyfive years to remain in alignment with the City
Purchasing Code.
The City's Director of Purchasing has recommended the APP program budget threshold increase
to $60,000 to be consistent with existing Purchasing Code exemptions, including City Code Chapter
8, Article IV, Section 8-161(a) (1), which authorizes the Purchasing Agent to negotiate without
formal competition the purchase of materials, professional services, services or construction not to
exceed $60, 000 per. project.
FINANCIAL / ECONOMIC IMPACTS
Implementing this modification would change the City Code to state that the APP Board would
make recommendations to the City Council concerning the use of funds in excess of sixty
thousand dollars ($60,000) for the acquisition, installation, donation, and maintenance of works
of art.. Projects approved by the APP Board that involve sixty thousand dollars or less will be
submitted to the Purchasing Agent for contracting, without going to the City Council.
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BOARD / COMMISSION RECOMMENDATION
At its March 26, 2014 meeting, the APP Board discussed this City Code revision with
Councilmember Overbeck. The APP Board sent a memo to the Mayor and Councilmembers on
June 10, 2014, recommending the Code change (Attachment 1)."
Councilmember Cunniff asked if inflation was the reason for the request for an increase.
Jill Stillwell, Director of Cultural Services, stated the Art in Public Places Board recommended
an increase in the threshold from $10,000 to $60,000 for art projects which come before Council.
York, Art in Public Places Boardmember, stated the Board has been reviewing its processes in
order to be more efficient with its funding. He stated this increase would be more in line with
the current purchasing processes for the City.
Councilmember Cunniff discussed the inflation -adjusted amount of just over $15,000, as
opposed to the $60,000. He commended the existing art in public places projects, but suggested
Council should have more oversight over the process.
Councilmember Poppaw stated controversy can happen with any dollar amount and commended
the increase to $60,000 in the interest of streamlining processes.
Councilmember Campana requested examples of $10,000 and $60,000 art projects. Ellen
Martin, Visual Arts Administrator, replied the Nix Farm office building mural was
approximately $11,000-15,000. Stillwell stated the transformer projects are under $10,000 and
the North College address markers were between the $10,000 and $60,000.
Councilmember Campana stated the leap between $10,000 and $60,000 is large and suggested
the possibility of increasing the amount to $25,000.
Councilmember Overbeck thanked the Art in Public Places Board for their service and suggested
a $30,000 amount since it has been twenty years since Council reviewed the issue.
Councilmember Troxell made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 101, 2014, on First Reading, replacing the $60,000 amount with $30,000.
Mayor Pro Tent Horak suggested deleting the third and fourth whereas clauses and amending the
fifth clause given the motion.
Councilmembers Troxell and Overbeck accepted the recommended changes.
The vote on the motion was as follows: Yeas: Poppaw, Troxell, Campana, Cunniff, Horak and,
Overbeck: Nays: none.
THE MOTION CARRIED.
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Ordinance No. 095, 2014,
Amending the Zoning Map of the City by Changing the Zoning Classification for that
Certain_ Property Known as the Harmony/1-25 Rezoning, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on July 1, 2014 by a vote of 6-0 (Campana recused),
rezones 264 acres located at the southwest corner of Harmony Road and Interstate 25 from
Transition (T) to Harmony Corridor (H-C) and Rural Lands (R-U-G), in accordance with the
Comprehensive Plan (City Plan). "
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Councilmember Troxell made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 095, 2014, on Second Reading. Yeas: Troxell, CunniffHorak, Overbeck and
Poppaw. Nays: none.
THE MOTION CARRIED.
Ordinance No. 098, 2014,
Amending Article III of Chapter 12 of the City Code Pertaining
to Smoking in Public Areas, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading by a vote of 6-1 (Nays: Weitkunat) expands the City's
Smoking Ordinance to include electronic smoking devices and 100% smoke free hotel/motel
rooms.
This item proposes two City Code amendments to expand the City's Smoking Ordinance:,
1. Prohibit the use of electronic smoking devices in all places where conventional smoking
is prohibited. '
2. Require 100% of hotel/motel rooms to be smoke free. "
Councilmember Campana made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 098, 2014, on Second Reading.
Councilmember Cunniff stated this is an important step in public health protection.
Mayor Pro Tern Horak commended staff work on the item.
The vote on the motion was as follows: Yeas: Campana, Cunniff, Horak, Overbeck, Poppaw and
Troxell. Nays: none.
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July 15, 2014
THE MOTION CARRIED.
Resolution 2014-045
Approving an Amended and Restated Intergovernmental Agreement
Between the City of Fort Collins and the Poudre Valley Fire
Protection District Establishing the Poudre Fire Authority, Adopted
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to approve the revised Intergovernmental Agreement (IGA) which
forms the Poudre Fire Authority and the associated Revenue Allocation Formula (RAF) which
allocates a share of City revenue toward the provision of fire'and rescue services within Fort
Collins.
BACKGROUND / DISCUSSION
Since 1981, the City, of Fort Collins (City) and the Poudre Valley Fire Protection District
(PVFPD) have had an intergovernmental agreement to provide joint fire protection and rescue
services within their respective boundaries. The two "parent" entities jointly govern Poudre
Fire Authority (PFA) through representation on the PFA Board of Directors. The overall
purpose of the joint service model has been to consolidate two existing fire departments into one
Fire Authority which would provide timely, efficient and cost-effective service within the
combined boundaries of the two entities. The RAF was designed to "pass through" a
predictable revenue stream from each entity to the PFA for its operations and capital needs. The
PFA Board of Directors is charged with administering thatfunding stream for the benefit of both
partners.
Over the past nine mantis, City, staff and PFA staff have worked together to update the current
IGA between the PVFPD and City. While some changes are recommended in the general terms
of the IGA (see below), the primary issue under review has been the RAF, which details the
financial contributions of each party to the operation of the Poudre Fire Authority.
The basic components of both tine original and the proposed new RAF include the following
factors:
• Cost Sharing between Citv and District
The original formula was based oil an 8011o/20% split in the toted costs of operating PFA
between the City of Fort Collins and PVFPD. The split was calculated based on the relative
share of call volume and assessed value of properties protected.
• City Contribution Calculation
The City has calculated its share of the fundingformula based on a share of its general sales
and use tax revenue, plus a share of its property tax revenue. In 2010, the City also added a
dedicated funding stream from its Keep Fort Collins Great voter approved sales and use tax.
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July 15, 2014
• District Contribution
The District contributes its entire property tax mill levy revenues (less minimal District
expenses) directly to PFA. The mill levy rate has fluctuated through the years based on the
amount of revenue it needed to generate to meet its share of the cost of PFA operations. In
2010, the District increased its mill levy to 10.595 mills to match the increase in City
contributions through KFCG. In addition, the Town of Timnath contributes a share of its
Urban Renewal Authority tax increment in lieu of the District property taxes that the URA
properties would have otherwise paid to the District.
In 2014, the City's actual contributions to PFA totaled $20.1 Million (RAF at $17.8M and
KFCG at $2.3M). With the preliminary budgeted City revenue of $21.7M in 2015, PFA will see
cm increase in City funding of $1.4M or approximately 7%. This represents normal revenue
growth (approximately 3%) PLUS the first step in closing the City's funding gap with first year
of the phase -in (approximately $0.5M).
District revenue projections for 2015 will be developed in the near future as property tax
projections from Larimer and Weld Counties become available.
Intergovernmental Agreement Update
In addition to discussions regarding the funding formula, City, staff and PFA staff have met
regularly over the past several months to review the details of the IGA document. Key changes
in the terms of the agreement have included such provisions as:
• Appointment of the "51h Member" of the Board (this language remains the same as the
original agreement);
• Impact of annexations on the financial agreement;
• Appointment of a legal advisor to the Authority;
• Inclusion of specific references to "Rescue" services as part of the scope of PFA's services;
• Elimination of language which distinguishes between an "Administrative Chief' and
"Executive Chief,•"
• Clarification of the PFA's role in contracting for EMS Ambulance Services within the
jurisdiction; and
• Additions regarding TABOR limitations.
April 2, 2014 Joint Meeting Recap
On April 2, City Council and the PVFPD Board inet in joint session to review the proposed IGA
and Revenue Allocation Formula. Continents and suggestions from that meeting led to the
following adjustments to the final IGA document presented with this Resolution:
1. The City's RAF has been simplified to include three components instead of four—.29 cents of
sales and use tax, 67.5% of Property Tax and the KFCG revenue dedicated to Fire
emergency services. Previous versions of the IGA had distinguished between property taxes
for operations and maintenance and those dedicated to capital. Under the proposed IGA, all
City contributions are provided to PFA to be distributed between O&M and capital needs, as
determined by the PFA Board and PFA staff.
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July 15, 2014
2. Language regarding the phase -inn period for the City's increased contribution was clarified.
3. Exhibit A, "Funding Formula and Revenue Allocation Formula" was antended to include a
description of "Other Revenues" which PFA generates itself, without contribution from the
City or the District. These revenues consist primarily of fees generated in the development
review process, but also include grants, reimbursements, investment income 'and
miscellaneous revenue. Language in this Exhibit was also modified to better express the
City's commitment of revenues affected by Urban Renewal Authorities.
4. PFA's ability to incur bonded debt was clarified to reinforce that PFA does not have the
legal authority to issue General Obligation bonds, but does have the ability to incur some
otter types of debt with approval of the PFA Board.
5. Section 2.2 N of the Agreement was modified to provide more detailed direction regarding
PFA annual performance report to the City and the District.
6. The description of the ambulance related service authorized in the IGA was modified to be in
line with suite law and the PFA's intention to contract for ambulance services dispatched
through the City's public safety answering point (PSAP), known as the dispatch center.
Changes from the current IGA are highlighted in yellow in the proposed IGA. Changes from the
draft IGA presented at the joint meeting on April 2"d are highlighted with double underlining in
the proposed IGA.
City Council also asked for a cost estimate for the in -kind services provided by the City, to the
PFA. These in -kind services, detailed in Exhibit B of the IGA, reduce the overall cost of
providing fire service. PFA utilizes City support services in order to take advantage of the
economies of scale created by not duplicating basic administrative functions. City staff estimates
that the total annual cost of these services is; approximately $400,000. These estimates were
determined by calculating a pro rata share of the City's total cost for each service and allocating
those costs to PFA. For example, administration of benefits programs for all City, PFA and
Library District employees was calculated to be approximately $500,000 per year, including
City staff, consultants, actuaries, etc. Since PFA employees represent approximately 10% of the
total employees served, the PFA's share would be calculated at $50,000 per year. However, as
part of this analysis, the City, considered whether any of its actual costs would be reduced if PFA
no longer participated in the City's benefits program, and concluded that the cost savings would
be minimal since virtually all of the same staff and contracted work would be done each year,
with or without PFA employees being covered. The use of automated systems for much of the
"per employee" work results in very little marginal cost for the addition of 200 employees. In
each case, City staff has concluded that no staff positions could be eliminated if PFA were no
longer served, and minimal marginal costs are actually incurred.
After many months of work between the City and the District, the final approval of the IGA will
take place in two stages. On May 12, the District Board approved the final IGA by unanimous
vote. At the July 15, 2014 Regular Meeting, City Council.will consider the same resolution. The
overall schedule for consideration of the financial proposal and the IGA update has been:
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July 15, 2014
✓
Ciry, Council Finance Committee review (Financial issues)
March 17
✓
PVFPD Board briefing and discussion (Financial Implications anal
March 24
provisions of IGA)
✓
PFA Board discussion (Update to Board on PVFPD and City
March 25
discussions)
✓
PVFPD and City Council Joint Meeting (Review terms of IGA and
RAF; develop consensus on terms to, prepare for formal
April
consideration)
✓
PVFPD Consideration of Resolution 2014 - 03 to Approve IGA and
May 12
RAF
City Council Consideration of'Resolution to Approve IGA and RAF
July 15
Incorporation of RAF into City Budget Process
Summer 2014
FINANCIAL / ECONOMIC IMPACTS
Three components —Cost Sharing between District and. City, City Contribution Calculation, and
the District Contribution —were applied to develop a new proposed Funding Agreement and
RAF for future contributions. The components of the proposed formula include:
Total Cost
Current Budget Level of Service 2014
Adequate Funding for Level of Service, 2014
$24.7 million
$27.5 million
Split (based on the five- year average blend of service calls & assessed value)
City 82.5% $22.7 million
District 173% $ 4.8 million
City Funding Shortfall
City 2014 Contribution $20.1 million
City Funding Shortfall $ 2.6 million
City Contribution
Sales and Use Tax .29 cents of one cent of 2.25% Base Sales and Use Tax
Property Tax 67.5% of Property Tax
KFCG As defined in ballot language
District Contribution
Property Tax 10.595 Mills
Timnath URA Tax Increment in lieu of District Property Tax
The proposed City RAF variables (29% of one cent of sales tax and 67.5% of property tax) were
determined based on the City's 2014 revenue forecasts and the targeted $22.7M for the City
contribution. At $22.7M, the City's contribution equals 82.5% of the PFA Level of Service
Budget and requires an additional $2.6M of funding over the budgeted 2014 funding of $20.1M.
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July 15, 2014
The 82.5% allocation of costs reflects a blend of service calls and assessed value between the
City and the District. City staff is proposing that the $2.6M funding gap be closed over a five-'
year period. Going forward, the RAF will utilize the City's Sales, Use & Property Tax revenue
forecasts to develop PFA fioiding, and during the )text five years, a declining portion of the
$2.6M shortfall will be deducted from the RAF calculated PFA funding.
Budget Projections: The table below reflects how the phase -in will work. The City RAF amount
in the 2015 Budgeted and 2016 Budgeted columns reflect the City's current estimates of revenue
that will be•provided to PFA in 2015 and 2016. Calculation for the remaining years in the table
below assumes the previously used 3% per year growth assumption for illustration purposes
only. "
City Manager Atteberry commended Chief DeMint and Mike Beckstead for their work on the
agreement.
Mike Beckstead, Chief Financial Officer, stated the objective in revising the IGA was to update
changes in the structure and revenue allocation formula. He discussed the history of the IGA and
its proposed modifications.
Eric Sutherland, 3520 Golden Currant, stated the City is not evolving its systems of public
finance. Additionally, he discussed the history of financing the fire district.
Councilmember Cunniff asked if property values are considered because of the assessed mill
levies. Poudre Fire Authority Chief DeMint replied that is a consideration, in addition to the fact
that PFA protects real property.
Councilmember Cunniff requested information regarding the level of service shortfall and
specific items to be funded by the increase. Beckstead replied this would be an overall increase
in PFA's budget over five years and detailed some of the proposed changes, the largest of which
was in capital.
Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2014-045.
Mayor Pro Tern Horak discussed the importance of the increase in capital funding and in
staffing. He thanked staff for work on the item.
The vote on the motion was as follows: Yeas: Cunniff, Horak, Overbeck,•Poppaw, Troxell and
Campana. Nays: none.
THE MOTION CARRIED.
Ordinance No. 105, 2014
Amending Section 2-581 of the City Code,and Setting the
Compensation of the Interim City Attorney, Adopted on First Reading
The following is the staff memorandum for this item.
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July 15, 2014
"EXECUTIVE SUMMARY
The purpose of this item is to establish the salary and compensation provided the interim City
Attorney while she serves in this capacity.
BACKGROUND/DISCUSSION
City Council appointed Carrie Daggett as interim City Attorney, effective inunediately, via
Resolution 2014-057 on July 8, 2014. City Council appointed her to this position with the
understanding that her compensation would be adjusted and that the compensation increase
would be made effective with the date of her appointment as interim City Attorney. The Mayor
and Mayor Pro Tem have discussed compensation termswith her, in consultation with Hunrn
Resources Department staff, and each recommend adoption of the proposed compensation, as set
forth in the Ordinance."
Amy Sharkey, Compensation and Benefits Manager, stated this item recommends a
compensation package for Interim City Attorney Carrie Daggett.
Eric Sutherland, 3520 Golden Currant, provided a series of true or false questions relating to
powers of the City and claimed the City Attorney has misinterpreted laws in the past.
Councilmember Cunniff made a motion, seconded by .Councilmember Troxell, to adopt
Ordinance No. 105, 2014, on First Reading. ,
Mayor Pro Tent Horak noted the City Attorney is not a judge, but a provider of
recommendations to Council.
The vote on the motion was as follows: Yeas: Horak, Overbeck, Poppaw, Troxell, Campana and
Cunniff. Nays: none.
THE MOTION CARRIED.
Other Business
Councilmember Cunniff requested the placement of a review of the sunset of Keep Fort Collins
Great (KFCG) on the six-month calendar. City Manager Atteberry noted there was no promise
KFCG would continue, nor was there a promise it would not.
Councilmember Poppaw stated a sunset was desired in order to assess how well the funds were
performing in keeping the community at a level expected by citizens. She stated she was never
under the impression the tax would go away entirely.
August 5, 2014 Regular Council Meeting Cancelled
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, pursuant to City
Code Section 2-28(a), that the August 5, 2014 City Council meeting be cancelled so that
Councilmembers may participate in annual Neighborhood Night Out activities that are scheduled
to be held in the city that night. Yeas: Overbeck, Poppaw, Troxell, Campana, Cunniff and
Horak. Nays: none.
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July 15, 2014
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adjourn to
6:00 p.m. on July 22, 2014, so that Council may consider the following items: a Resolution
amending and readopting Resolution 2014-050 regarding findings and conclusions in the appeal
of The Summit on College Major Amendment, a Resolution certifying the percentage of tax
increment for the Downtown Development Authority, and a Resolution establishing the process
for selection of the City Attorney as well as any additional business that may come before the
Council. Yeas: Poppaw, Troxell, Campana, Cunniff, Horak and Overbeck. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 9:26 p.m.
Adjournment
Mayor Wo Tent
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