HomeMy WebLinkAboutMINUTES-07/22/2014-AdjournedJuly 22, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Adjourned Meeting - 6:00 p.m.
An adjourned meeting of the Council of the City of Fort, Collins was held on Tuesday, July 22,
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, Overbeck, Poppaw, Troxell and
Weitkunat.
(Secretary's note: Councilmember Horak arrived at 6:06 p.m.)
Staff Members Present: Atteberry, Nelson, Daggett.
Resolution 2014-063
Amending and Readopting Resolution 2014-050 Adopting Findings of Fact
and Conclusions of Law Regarding the Appeal of the March 19, 2014,
Administrative Hearing Officer Decision Regarding the Major
Amendment to The Summit on College Project Development Plan, Adopted
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to amend and readopt the Council's Resolution stating its findings
and conclusions in connection with the Council's May 20, 2014, hearing on the appeal of a
major amendment to the Summit on College Project Development Plan (#130056) located west
of the intersection of College Avenue and Stuart Street (the "Decision"). The revisions are
intended to more fully and accurately document the Council's action on appeal, in order to
eliminate any ambiguity or confusion in that regard.
BACKGROUND/DISCUSSION
On March 19, 2014, Administrative Hearing Officer, Marcus McAskin (the "Hearing Officer")
approved a major amendment to the Summit on College Project Development Plan (#130056)
located west of the intersection of College Avenue and Stuart Street (the "Decision "). Three
separate appeals from the Decision were timely filed. On May 20, 2014, the City Council, after
notice given in accordance with Chapter 2, Article II, Division 3, of the City Code, considered
those appeals in a consolidated proceeding, reviewed the record on appeal, heard presentations
from the Appellants and other parties -in -interest and, after discussion, remanded the Decision to
the Hearing Officer for further consideration of the application of two Land Use Code provisions
to the proposed amendment. The Council upheld the Decision in all other respects.
On June 3, 2014, the Council adopted Resolution No. 2014-050, making findings of fact and
conclusions of law regarding the Decision. Certain of the appellants in the matter have since
filed an action in Larimer County District Court challenging the Council's decision. The
proposed Resolution is intended to more filly and accurately document the Council's action on
appeal, in order to eliminate any ambiguity or confusion in that regard. "
July 22. 2014
Councilmember Troxell withdrew from the discussion of this item due to the fact he was not
present at the original appeal hearing.
Interim City Attorney Daggett stated this item will more accurately and fully articulate the May
20`h decision of Council.
Eric Sutherland, 3520 Golden Currant, stated this Resolution is meaningless and this process has
been a poor example of how land disputes should be dealt with in Fort Collins. Additionally, the
City's development review process needs to be improved.
Les Kaplan, Fort Collins resident, stated this amended Resolution does not relate to what
happened at the hearing. He opposed the process of approval for The Summit.
Jack Daniels, 172 North College, encouraged Council to continue its excellent work and stated
Fort Collins is a great city.
Councilmember Campana stated the Land Use Code offers prescriptive processes through which
this project went. He acknowledged lessons were learned from the project but stated this
Resolution helps to further clarify what was discussed at the hearing.
Councilmember Campana made a motion, seconded by Mayor Pro Tern Horak, to adopt
Resolution 2014-063.
Councilmember Cunniff stated he is comfortable with the Resolution as written.
Mayor Weitkunat stated this Resolution improves, but does not change, the record of Council's
discussion at the hearing.
The vote on the motion was as follows: Yeas: Poppaw, Horak, Weitkunat, Cunniff, Campana and
Overbeck. Nays: none.
THE MOTION CARRIED.
Resolution 2014-064
Approving the 2014 Certification to the Larimer County Assessor Pursuant to
C.R.S. Section 31-25-807(3)(a(IV),(B) for the Downtown
Development Authority Property Tax Increment, Adopted
The following.is the staff memorandum for this item.
' EXECUTIVE SUMMARY
The purpose of this item is to certify for 2014 to the Lorimer County Assessor the percentages of
property tax distributions that are to be allocated for the Downtown Development Authority by
the Assessor as tax increment from the property taxes of all of the affected taxing entities.
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July 22. 2014
BACKGROUND / DISCUSSION
In 2008 the Fort Collins, Colorado Downtown Development Authority ("DDA") was in the final
ten years of its original thirty-year period ("Original TIF Term") during which a portion of
property taxes could be allocated to and, when collected, paid into the DDA's Tax Increment
Fund ("TIF Fund"). Pursuant to C.R.S. §31-25-807(3)(a), in die final ten years of the Original
TIF Term, the City Council by ordinance had the authority to extend such term by one additional
twenty-year period (the "TIF Extension Period"). Also, under C.R.S. §31-25-807(3)(a), the
Council had the authority to allocate more than fifty percent (50%) of property taxes levied by
the City, to be allocated in accordance with the DDA statutes to be paid into the TIF Fund.
On July 10, 2008, the DDA approved its Resolution 2008-06 recommending to tine City Council
(i) approval of the TIF Extension Period and (ii) the allocation of one hundred percent (100%)
of the City's property, tax increment into the TIF Fund (the "100% City TIF Allocation"). On
September 2, 2008, the City Council adopted Ordinance No. 101, 2008 (the "2008 Ordinance ")
approving the TIF Extension Period and the 100% City TIFAllocation.
C.R.S: §31-25-807(3)(a)(IV)(B) provides that an annual certification from the City's governing
body to the Larimer County Assessor is required, which certification needs to include the
allocations of tax increment for that year of all affected taxing entities, including the City. After
adoption of the 2008 Ordinance, DDA's staff worked with the Larimer County Assessor's Office
("Assessor's Office") and the Department of Local Affairs Division of Property Taxation
(DPT") to determine a legally sufficient certification process under applicable Colorado statutes
and the DPT administrative rules, resulting in a process whereby the DDA would annually
provide a letter to the Assessor's Office either attaching the 2008 Ordinance directing the 100%
TIF Allocation to the TIF Fund or, if the City Council's direction had changed, attaching the
corresponding action evidencing such change (the "Annual Certification"). The DDA has
submitted the Annual Certifications to the Assessor's Office on the City's behalf for the years
2011, 2012 and 2013, and in each instance attached the City's 2008 Ordinance demonstrating
the City's continued commitment to the 100% City TIF Allocation. The Assessor's Office has
accepted, until recently, this process as meeting the requirements of C.R.S. Section 31-25-
807(3)(a)((IV)(B). Steve Miller, the Larinner County Assessor, has now asked that the City
Council make this year's Annual Certification rather than relying on the previously agreed upon
process. The proposed Resolution constitutes this Annual Certification for 2014 property taxes
payable in 2015. This Annual Certification must be provided to the Assessor's Office by August
1, 2014.
FINANCIAL / ECONOMIC IMPACTS
No changes in the financial or economic impacts as they currently exist. "
Mike Beckstead, Chief Financial Officer, briefly described the item.
Brandi Williams, Fort Collins resident, suggested part of the Downtown Development
Authority's duty should be to acknowledge public access needs.
Eric Sutherland, 3520 Golden Currant, expressed concern regarding the City's understanding of
public finance.
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July 22. 2014
Mike Pruznick, Fort Collins resident, opposed the Resolution and questioned the legality and
process behind the Resolution. He also asked why the DDA is receiving additional funding
given the increase in crime in the area.
Interim City Attorney Daggett stated this Resolution is intended to address and eliminate some of
the disagreement that has arisen about the process to be used to provide certification to the
Assessor.
Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2014-064. Yeas: Horak, Weitkunat, Troxell, Cunniff, Campana, Overbeck and
Poppaw. Nays: none.
THE MOTION CARRIED.
Resolution 2014-065
Establishing a Process for Appointment of the City Attorney, Adopted
The following is the staff memorandum for this item
"EXECUTIVE SUMMARY
The purpose of this item is to respond to Council's request for options associated with the
recruitment of the recently vacated City Attorney position. Staff has prepared three recruitment
method options for consideration.
BACKGROUND /DISCUSSION
The City Attorney is appointed by and serves at the pleasure of City Council. Council appointed
Carrie Daggett as interim City Attorney on July 8, 2014, following the sudden and unexpected
death of Steve Roy. Council is now considering how to proceed with refilling the City Attorney
position.
Staff has prepared the following three recruitment method options for Council consideration.
OPTION I - Internal Recruitment
• Job is posted for application by existing City employees only
• Process managed by'Human Resources staff
OPTION 2 - External Recruitment
• Job is posted for application by existing City employees and external candidates
• Regional or National recruitment
• Process managed by Human Resources staff
OPTION 3 - External Recruitment Using Executive Search Firm
• Job is posted for application by existing City employees and external candidates
• Leverages search Finn resources to actively, recruit candidates & tap into search firm
candidate bank.
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July 22. 2014
• Firm selection through Purchasing Request for Proposal (RFP) process
• Firm selection process adds 6-10 weeks onto recruitment process timeline
• Estimated search firm cost $20,000 - $35,000 plus expenses, depending on 'services
provided
Several peer cities have recently hired or are in the process of filling key executive positions.
The following information summarizes the processes used:
City of Greeley
City Attornev
Dir. Water & Sewer
Police Chief
External recruitment -
Search firm - national
Search firm - national
'national advertising
advertising
advertising
City of Loveland
Citv Attornev Search firm
national advertising
Fire Chief External
recruitment - .national
advertising
Public Works Dir.
Search firm - national
advertising
In recent years, the City of Fort Collins has'used the following processes for filling key executive
positions:
City of Fort Collins
Utility Executive Dir.
I Police Chief Search firm
- national advertising
I. Deputy CityManager/
Search firm - national
advertising
Chief Operating
Officer Search firm -
national advertising
FINANCIAL / ECONOMIC IMPACTS
One-time dollars will be required to cover expenses associated with Option 3. Costs may be. .
offset by salary savings associated with the position vacancy."
Interim City Attorney Daggett withdrew from the discussion of this item and was replaced by
Greg Tempel, Senior Assistanf Attorney.
Janet Miller, Human Resources, reviewed the three options available for Council consideration.
Mike Pruznick, Fort Collins resident, supported a public process involving candidates submitting
legal opinions.
Eric Sutherland, 3520 Golden Currant, stated the City should prioritize respect for law in its
search.
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July 22. 2014
Mel Hilgenberg, 172 North College, supported Option 2 of the Resolution.
John Huisjen, 115 Aruba Drive, stated Steve Roy used to be his partner and'encouraged Council
to replace him with someone with local knowledge and perspective, opposing Option 3.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-065, Option 3.
Mayor Pro Tem Horak noted the most likely candidates will be from Northern Colorado and any
of the City's current attorneys is eligible to apply. He suggested the formation of a Council
subcommittee to deal with incoming applications and to make recommendations to Council.
Councilmember Troxell asked about the process regarding an out-of-state attorney receiving
Colorado licensure. Miller replied some recruiters have discussed attorneys with licenses to
practice in multiple states and noted the position requires licensure in the state of Colorado at the
time of hiring.
Greg Tempel, City Attorney's Office, stated some states have reciprocity agreements with
Colorado to allow licensure to occur without bar exam procedures.
Councilmember Cunniff supported the idea of a Council subcommittee.
Councilmember Troxell supported the motion given this is an executive hire in the public arena.
Mayor Pro Tem Horak opposed Mr. Sutherland's implication that the City Attorney's Office has
not been following the rule of the law.
The vote on the motion was as follows: Yeas: Weitkunat, Troxell, Cunniff, Campana, Overbeck,
Poppaw and Horak. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 7:02 p.m.
ATTEST:
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