HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2014 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY August 19, 2014
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the July 1 and July 15, 2014 Regular Council Meetings, the July
8, 2014 Special Council Meeting and the July 22, 2014 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the July 1 and July 15, 2014 Regular Council
meetings, the July 8, 2014 Special Council meeting and the July 22, 2014 Adjourned Council meeting.
ATTACHMENTS
1. July 1, 2014 (PDF)
2. July 8, 2014 (PDF)
3. July 15, 2014 (PDF)
4. July 22, 2014 (PDF)
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July 1, 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 1, 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,
Troxell and Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry stated an update on the BAVA Neighborhood Outreach Program will be
presented during staff reports.
Citizen Participation
Desiree Fiske, 334 East Mulberry, Fort Collins Community Action Network, discussed the
City’s panhandling laws and suggested the City’s policies may further marginalize the homeless
and other vulnerable populations.
Mel Hilgenberg, 172 North College, announced the City’s 4
th
of July events at City Park and
suggested the City join with the County and State to extend MAX service and recommended
moving the Fort Collins Mission to a property on north Linden.
Bill Alexander, Fossil Creek Meadows resident, expressed concern regarding the prioritization of
stream rehabilitation projects and requested the Mail Creek project be moved to the top of the
priority list due to safety concerns.
Monte Barry, Fort Collins resident, opposed the police crackdown on homeless individuals,
noted bicycles should be particularly watched for this time of year, and discussed the Overland
Trail bike lane.
Rich Stave, Fossil Creek Meadows resident, suggested the Mail Creek project should be moved
to the top of the priority list due to safety concerns.
Nancy Mendenhall, Fort Collins resident, opposed the recent police crackdown on homeless
individuals.
Karen Rose, Fossil Creek Meadows resident, expressed concern regarding the sewer line which
runs near Mail Creek.
David Ham, 3324 Hickok Drive, thanked Council for its service and suggested the City should
be better prepared for population growth and should dam the Poudre River.
Mike Crane, Fossil Creek Meadows resident, opposed the City’s prioritization of stream
rehabilitation and stated Mail Creek should be prioritized due to safety concerns.
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Margaret Griffin, 3245 Honeysuckle Court, discussed the possible use of eminent domain for her
property along Boxelder Creek.
Steve Sycks, 5224 Greenview, questioned liability issues relating to Mail Creek and stated its
rehabilitation should be prioritized.
Eric Sutherland, 3520 Golden Currant, discussed the Elizabeth and Overland Trail intersection.
Harry Damm, 316 Parkway Circle North, expressed concern about West Nile virus and the
mosquito population around Mail Creek.
Cheryl Distaso, Fort Collins Community Action Network, questioned the City’s regulations
regarding aggressive panhandling and stated the City needs to address living wages and
affordable housing.
Mike Pruznick, Fort Collins resident, asked if City Hall parking is limited after 6:00 p.m.,
questioned fire policies with regard to citizens lining up in aisles to speak, asked about the Metro
District failing to issue bonds, stated the Mail Creek issue needs to be addressed due to safety
concerns, and expressed disappointment regarding the City’s policies on panhandling.
Rebecca Sorber, 135 South Sunset, expressed concern regarding the City’s policies regarding
homeless individuals.
Zach Heath, 135 South Sunset, expressed concern regarding the City’s policies regarding
homeless individuals and stated the City needs to further address affordable housing and drug
treatment.
Brandi Williams, 3017 Parkview Court, expressed concern regarding the City’s policies
regarding homeless individuals.
Citizen Participation Follow-up
Jon Haukaas, Water Engineering Field Operations Manager, stated there was a significant
change in the prioritization of stream restoration projects following the 1997 floods. He stated a
funding request has been placed in this budget cycle to complete Spring Creek in 2015-2016 and
the intention is to follow-up with a similar request for Mail Creek in 2017-2018.
Councilmember Campana asked if interim signage or temporary fencing could be installed.
Haukaas replied in the affirmative but noted the property is private and is not owned by the City.
Councilmember Campana requested staff work with the HOA to discuss potential interim fixes.
Bruce Hendee, Chief Sustainability Officer, discussed concerns raised by the downtown business
community regarding the impact of homeless individuals on businesses. Additionally, he stated
the Social Sustainability Department is working with Police Services, the court system and
homeless assistance providers.
Police Chief Hutto stated the challenge is finding the balance between community members on
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each side of the issue. He stated the Police Department is charged with identifying behaviors
which are illegal or unacceptable. Additionally, aggressive panhandling is clearly defined in the
Code.
Councilmember Overbeck asked about meetings being held by Hendee and asked if a plan or
strategy is being developed. Hendee replied panhandling, homeless camping, and poverty each
require a different type of strategy. He discussed the possibility of meters and noted shelter
solutions need to be developed.
Councilmember Overbeck requested a report on the ticket issued to the citizen regarding
panhandling and on the ticket issued to the individual sleeping in her car. He discussed meetings
he has held with businesses and homeless individuals and groups.
Councilmember Campana stated community members can work together to develop solutions.
Mayor Pro Tem Horak discussed the data being collected by the Homeward 2020 project. He
opposed any assertion Council or staff members are not compassionate toward the homeless
population.
Councilmember Overbeck discussed the compassion of the Police Department with regard to
vacating campers in City natural areas.
CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the May 20 and June 3, 2014 Regular
Council Meetings and the June 10, 2014 Adjourned Council Meeting.
The purpose of this item is to approve minutes from the May 20 and June 3, 2014 Regular
Council Meetings and the June 10, 2014 Adjourned Council Meeting.
2. Second Reading of Ordinance No. 082, 2014, Appropriating Unanticipated Revenue for the
Senior Center Expansion Project and Transferring Appropriations to the Cultural Services
and Facilities Fund for the Art in Public Places Program.
This Ordinance, unanimously adopted on First Reading on June 3, 2014, appropriates
$150,000 to the Senior Center Expansion Project. This additional funding was raised by the
Senior Center Expansion Committee. These additional funds will be put toward the cost of
completing the Core and Shell space as an Education Center/Auditorium, which will seat
120+ people with state of the art technology and can be used for presentations, distance
learning, seminars or movies, and athletic events. Additional funds will be used for other
building furnishings to make this a World Class Facility.
3. Second Reading of Ordinance No. 083, 2014, Appropriating Prior Year Reserves in the
Benefits Fund for the Employee Wellness Center.
This Ordinance, unanimously adopted on First Reading on June 3, 2014, appropriates funds
from the Benefits Fund reserves for facility/infrastructure enhancements and start-up costs
for the Employee Wellness Center (commonly referred to as an Onsite Clinic).
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A recital statement regarding the location of the Onsite Clinic is deleted from the Ordinance
for Second Reading. The location of the Onsite Clinic may or may not be at 256 West
Mountain. Further review of this location is being conducted by the City's Operations
Services staff. Additional City-owned building options are available and will be included
with the final review. In all of the options being considered, the requested funding is still
needed to renovate the space once a final location is selected.
4. Second Reading of Ordinance No. 084, 2014, Amending Section 28-17 of the City Code
Regarding Traffic Code Violation Penalties.
This Ordinance, unanimously adopted on First Reading on June 3, 2014, reconciles two
sections of the City Code setting the maximum penalty for Traffic Code violations.
5. Second Reading of Ordinance No. 085, 2014, Amending Article IV, Division 2 of Chapter
23 of the City Code Regarding Disposition of Real Property.
This Ordinance, unanimously adopted on First Reading on June 3, 2014, amends the City
Code to authorize the City Manager to approve certain leases on City-owned property. The
existing language in the City Code specifies that any disposition of real property, including
leasing of real property, must be approved by City Council, with the exception of property at
the Fort Collins-Loveland Airport.
6. Second Reading of Ordinance No. 086, 2014, Making Various Amendments to the Land
Use Code.
This Ordinance, unanimously adopted on First Reading on June 3, 2014, addresses a variety
of changes, additions and clarifications to the Land Use Code that have been identified since
the last update in July 2013.
7. Second Reading of Ordinance No. 087, 2014, Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection
with the Vine Drive and Shields Street Intersection Improvements Project.
This Ordinance, unanimously adopted on First Reading on June 3, 2014, obtains
authorization from City Council to use eminent domain, if deemed necessary, to acquire
property interests needed to construct improvements at the Vine Drive and Shields Street
intersection. The Vine Drive and Shields Street Intersection Improvements Project will
construct a single lane roundabout for safety and air quality improvements at the
intersection. The project is planned to begin construction in the spring of 2015 and be
completed in the fall of 2015. The project budget consists of both federal and local funds.
To construct these improvements, the City will need to acquire certain property interests
adjacent to the project area. The acquisitions include right-of-way and temporary easements
from six property owners. Timely acquisition of the property is necessary to meet the
anticipated construction schedule. Staff fully intends to negotiate in good faith with all
affected owners and is optimistic that all property negotiations can be completed prior to the
start of the Project. Staff is requesting authorization of eminent domain for all property
acquisitions for the Project to comply with federal acquisition requirements. Eminent
domain action will be used only if such action is deemed necessary.
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8. Items relating to Water Supply Shortage Response Plan and City Code Updates.
A. Second Reading of Ordinance No. 088, 2014, adopting a Water Supply Shortage
Response Plan.
B. Second Reading of Ordinance No. 089, 2014, Amending Chapter 26, Article II, Division
6 of the City Code to Clarify Sections Relating to Water Conservation.
These Ordinances, unanimously adopted on First Reading on June 3, 2014, update the City’s
Water Supply Shortage Response Plan that contains water restrictions to be put in place
when a water shortage is anticipated, and make City Code changes regarding the waste of
water and water restrictions. Revisions to the Water Supply Shortage Response Plan are in
response to employee and citizen feedback received during the 2013 water restrictions and
more recent community outreach. Highlights include adding definitions and associated
restrictions for food production, splash parks, outdoor swimming pools and essential power-
washing. The City Code changes provide a clearer definition of the “waste of water,”
extending beyond irrigation use to service line and indoor leaks. In addition, hoses will
require a hand-activated hose nozzle for spraying impervious surfaces. This section will
reference the Water Supply Shortage Response Plan and how restrictions are put in place
and lifted. Two sections are out of date and are proposed to be deleted.
9. First Reading of Ordinance No. 091, 2014, Appropriating Unanticipated Grant Revenue into
the Transportation Services Fund for the Safe Routes to School Program.
The purpose of this item is to appropriate 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.
10. First 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.
The purpose of this item is to appropriate 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.
11. Items Relating to an Intergovernmental Agreement with the Downtown Development
Authority for the Willow Street Improvements Project.
A. Resolution 2014-051 Authorizing the Mayor to Execute an Intergovernmental
Agreement with the Downtown Development Authority to Transfer Funding to the
Willow Street Improvements Project.
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B. First 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.
The purpose of this item is to authorize the Mayor to sign an Intergovernmental Agreement
with the Downtown Development Authority (DDA) and to appropriate both 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.
12. First Reading of Ordinance No. 094, 2014, Adopting Design Standards for the Old Town
Historic District.
The purpose of this item is to update 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.
13. First Reading of Ordinance No. 095, 2014, Amending the Zoning Map of the City by
Changing the Zoning Classification for that Certain Property Known as the Harmony/I-25
Rezoning.
The purpose of this item is to rezone 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-L), in accordance with the Comprehensive Plan (City Plan).
14. First 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.
The purpose of this item is to authorize 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.
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15. First 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.
The purpose of this item is to authorize 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.
16. Resolution 2014-052 Authorizing the Mayor to Execute a Contract Amendment with the
Colorado Department of Transportation for the North College Improvements Project –
Conifer to Willox.
The purpose of this item is to authorize the Mayor to sign a Contract Amendment with the
Colorado Department of Transportation (CDOT) for the North College Improvements
Project - Conifer to Willox. This action will amend the Intergovernmental Agreement
(IGA) between the City of Fort Collins and CDOT, adding remaining North Front Range
Metropolitan Organization (NFRMPO) federal grant funds and new Responsible
Acceleration of Maintenance and Partnerships (RAMP) program funds into the agreement.
These funds have already been appropriated into the project’s budget through previous
Council actions (Ordinance Nos. 016 and 112, 2012, No. 145, 2013, and No. 075, 2014).
Amending the IGA is the final piece of the design phase which enables the use of these
funds and the project to be bid.
The total funding amounts (previously appropriated) for the IGA will be amended as
follows:
Federal Grant Funds - $2,934,000
RAMP Federal Funds - $3,894,000
Local Matching Funds - $5,038,859.
17. Resolution 2014-053 Authorizing a License to Enter for the Colorado Department of
Transportation to Perform Work on City Property.
The purpose of this Resolution is to authorize the City Manager to execute a License to
Enter and Perform Work to allow the Colorado Department of Transportation to enter and
perform work at the east entrance of the Mulberry Water Reclamation Facility as part of its
Mulberry Bridge Project. The Colorado Department of Transportation (CDOT) has planned
a bridge project on Mulberry Street that is anticipated to begin in the late summer or early
fall 2014. The project involves replacing the existing State Highway 14/Mulberry Street
Bridge over the Cache La Poudre River. The bridge replacement project will require the
reconstruction of the eastern entrance to the Mulberry Water Reclamation Facility. CDOT
will need to obtain a License to Enter from the City, granting permission to enter the City’s
property to perform the work associated with the entrance reconstruction.
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18. Resolution 2014-054 Authorizing the Mayor to Enter Into an Agreement with the Platte
River Power Authority for the Design and Construction of a Perimeter Wall at the Harmony
Substation.
The purpose of this item is to authorize the Mayor to enter into an Intergovernmental
Agreement (IGA) between the City and the Platte River Power Authority (PRPA) for the
design and construction of a perimeter wall around the Harmony electric utility substation,
located at Harmony Road and Innovation Drive. The IGA provides that PRPA will design
and construct the wall and the City will reimburse PRPA for the reasonable costs incurred
for such work. Working through PRPA will ensure regional substation design consistency,
as the work will be done under the same contract and with the same contractor as PRPA
recently used to construct perimeter walls around the Dixon and Timberline electric utility
substations.
19. Resolution 2014-055 Making Findings of Fact and Conclusions Regarding the Appeal of the
April 10, 2014, Planning and Zoning Board Approval of the Bella Vira Final Plan,
Extension of Vested Rights.
The purpose of this item is for Council to consider adoption of a resolution making findings
of fact and conclusions pertaining to the Appeal of the April 10, 2014, Planning and Zoning
Board’s decision regarding a request for extension of vested rights to the Bella Vira Final
Plan.
On April 24, 2014, an appeal was filed concerning the Planning and Zoning Board Hearing
decision regarding a request for extension of vested rights for the Bella Vira, Final Plan. An
Amended Appeal was received on May 14, 2014.
On June 3, 2014, City Council voted 7-0 on the motion to uphold the decision of the
Planning and Zoning Board to approve the Bella Vira, Final Plan, extension of vested rights.
Councilmember Overbeck withdrew Item No. 3, Second Reading of Ordinance No. 083, 2014,
Appropriating Prior Year Reserves in the Benefits Fund for the Employee Wellness Center.
Councilmember Campana withdrew Item No. 13, First Reading of Ordinance No. 095, 2014,
Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain
Property Known as the Harmony/I-25 Rezoning, due to a conflict of interest.
***END CONSENT***
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt all items
not withdrawn from the Consent Calendar. Yeas: Poppaw, Horak, Weitkunat, Troxell, Campana,
Overbeck and Cunniff. Nays: none.
THE MOTION CARRIED.
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Consent Calendar Follow-up
Councilmember Cunniff stated additional information has been garnered regarding the Addition
of a Permitted Use issue with respect to Item No. 6, Second Reading of Ordinance No. 086,
2014, Making Various Amendments to the Land Use Code.
Staff Reports
Amanda Nagel, Neighborhood Administrator, discussed the public outreach effort with regard to
the Buckingham, Alta Vista, and Andersonville neighborhoods and the responses to a survey of
homeowners and residents.
Councilmember Reports
Councilmember Campana reported on a meeting with CSU regarding parking and long-term off-
campus parking.
Mayor Weitkunat reported on the Colorado Municipal League meeting in Breckenridge.
Councilmember Troxell noted Mayor Weitkunat serves on the Executive Committee of Colorado
Municipal League and reported on some of the sessions he attended regarding Urban Renewal
Authorities and tax increment financing.
Mayor Pro Tem Horak reported on the Larimer County Open Lands Board Advisory Committee
meeting and the possibility of the extension of the open space tax being placed on the November
ballot.
Ordinance No. 083, 2014,
Appropriating Prior Year Reserves in the Benefits Fund
for the Employee Wellness Center, Adopted on Second Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 3, 2014, appropriates funds
from the Benefits Fund reserves for facility/infrastructure enhancements and start-up costs for
the Employee Wellness Center (commonly referred to as an Onsite Clinic).
A recital statement regarding the location of the Onsite Clinic is deleted from the Ordinance for
Second Reading. The location of the Onsite Clinic may or may not be at 256 West Mountain.
Further review of this location is being conducted by the City's Operations Services staff.
Additional City-owned building options are available and will be included with the final review.
In all of the options being considered, the requested funding is still needed to renovate the space
once a final location is selected.”
Councilmember Overbeck asked about a strike-out in the Ordinance regarding the location of the
clinic..
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Amy Sharkey, Human Resources Department, stated a location for the wellness center had been
identified; however, potential plumbing issues were discovered, leading to the strike-out of the
location in the Ordinance. She stated other City facilities are being discussed for the location of
the Wellness Center. She stated she does not anticipate additional funds will be needed.
Councilmember Overbeck asked how many employees will be served by this Wellness Center.
Sharkey replied it is currently designed to open with participation from those employees and
family members age six and up that participate in the Employee Medical Plan.
Councilmember Overbeck asked if a privacy policy is in place. Sharkey replied all HIPAA laws
will be followed.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 083, 2014, on Second Reading. Yeas: Horak, Weitkunat, Troxell, Campana, Overbeck,
Cunniff and Poppaw. Nays: none.
THE MOTION CARRIED.
Ordinance No. 095, 2014,
Amending the Zoning Map of the City by Changing the Zoning Classification for that
Certain Property Known as the Harmony/I-25 Rezoning, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to rezone 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-L), in
accordance with the Comprehensive Plan (City Plan).
BACKGROUND / DISCUSSION
The property was annexed and zoned on October 6, 2009 as the Riverwalk Annexation. The
property was held in the T, Transition zone district at the time of annexation, as the former
owner was continuing to explore possible alternative land use and zoning concepts.
The T zone is a holding zone for properties where there are no specific or imminent plans for
development. No additional development is permitted in the zone. It is typically used to allow
property owners and the City to consider zoning alternatives while the property is held in the T
zone.
Any rezone request for property in the T zone is treated differently than other rezone requests,
because the T zone specifies requirements for the City to process the request quickly. Section
4.12(B)(2) of the Land Use Code states:
“The owner of any property in the T District may at any time petition the City to remove
the property from this zone district and place it in another zone district. Unless the
following time limitations are waived by the petitioner, any such petition shall be referred
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to the Planning and Zoning Board to be considered at the next regular meeting of such
board which is scheduled at least thirty (30) days from the date the petition is filed with
the City Clerk. Within sixty (60) days from the date the matter is considered by the Board,
the City Council shall change the zoning for the property in question to another zone
district authorized under this Article.”
The current request was received April 4, 2014; the Planning and Zoning Board considered the
item at its May 8 Hearing. The Board forwarded a recommendation of approval to City Council,
on the Board’s consent agenda.
Typically, requests to rezone property out of the T zone into zone districts that are in accordance
with the City Structure Plan, are routine procedural matters.
Subject Area
The subject area extends one mile southward from Harmony Road to Kechter Road, and ½ mile
westward from Interstate 25 to Strauss Cabin Road. This area is divided into a north half and a
south half for zoning purposes.
The adopted Harmony Corridor Plan provides policy guidance for land use in the north half of
the subject area. It shows a land use designation of “Basic Industrial Non-Retail Employment
Activity Center”, which is a specific designation that is implemented by H-C, Harmony Corridor
zoning; thus, the requested zoning is consistent with the plan. The Harmony Corridor Plan
further describes this area as a community gateway with special opportunities to emphasize the
Poudre River valley landscape setting in any future land use and development.
This policy guidance from the Harmony Corridor Plan is reflected in City Plan, with its map of
future land uses called the City Structure Plan. The specific terminology on the City Structure
Plan map is slightly different from the Harmony Corridor Plan, but the meaning of the
designations is consistent.
City Plan provides the policy guidance for land use in the south half of the subject area. The
City Structure Plan shows a designation of Rural Lands, to which the requested zoning
corresponds.
FINANCIAL / ECONOMIC IMPACTS
Staff finds no direct financial or economic impacts resulting from the requested rezoning.
The rezoning would implement the Harmony Corridor Plan and City Plan, which both reflect
community consideration of economic issues as part of balanced comprehensive planning.
ENVIRONMENTAL IMPACTS
The physical environment will not be directly impacted by the requested rezoning. Rezoning will
enable ensuing submittal of development applications, and development plans are required to
comply with Land Use Code standards for development, including Environmental and Natural
Area Protection standards to address potential environmental impacts.
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BOARD / COMMISSION RECOMMENDATION
On May 8, 2014, the Planning and Zoning Board voted unanimously to support a
recommendation to City Council to approve the proposed rezoning. The recommendation was
part of the Planning and Zoning Board Consent Calendar and was not discussed.
PUBLIC OUTREACH
No neighborhood meeting was required for this rezoning. No known controversy or
neighborhood impacts are involved with the rezoning. Any subsequent development applications
are required to comply with Land Use Code standards for public involvement in development
review.”
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 095, 2014, on First Reading. Yeas: Weitkunat, Troxell, Overbeck, Cunniff, Poppaw and
Horak. Nays: none.
THE MOTION CARRIED.
Ordinance No. 090, 2014,
Appropriating Unanticipated Revenue in the Stormwater Fund to
Design and Construct the Fort Collins / Timnath Boxelder Creek
Flood Mitigation Projects, Adopted on Second Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on June 3, 2014, by a vote of 4-3 (Nays: Cunniff,
Overbeck Poppaw), appropriates funds in the amount of $3,750,000 to design and construct the
Fort Collins/Timnath Boxelder Creek Improvements, as outlined in the Sixth Amendment to the
Fort Collins - Timnath Intergovernmental Agreement (IGA), as adopted by City Council under
Ordinance No. 047, 2014 on April 1, 2014.”
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 090, 2014, on Second Reading.
Mayor Pro Tem Horak stated not passing this Ordinance would result in the City not following
through on its promises.
The vote on the motion was as follows: Yeas: Troxell, Campana, Horak and Weitkunat. Nays:
Overbeck, Cunniff and Poppaw.
THE MOTION CARRIED.
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Ordinance No. 098, 2014,
Amending Article III of Chapter 12 of the City Code Pertaining
to Smoking in Public Areas, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to propose expansions to 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.
This item provides background information, community feedback, and information about actions
taken in other communities.
BACKGROUND / DISCUSSION
History
In 1984, Fort Collins was the first city in Colorado to pass a comprehensive smoking ordinance.
The ordinance limited smoking in public buildings and required restaurants to have no-smoking
sections. In 2003, Fort Collins was one of the first communities in Colorado to designate bars,
restaurants, and workplaces as smoke-free. The Fort Collins’ Smoking Ordinance was amended
in 2006 to conform to the Colorado Indoor Clean Air Act which helped the community regulate
smoking in all indoor public places. Fort Collins expanded the smoking ordinance in 2013 to
prohibit smoking in outdoor dining areas, bar patios, and Transfort’s public transit facilities.
During the April 8, 2014 City Council Work Session regarding additional smoking ordinance
expansion options, Council directed staff to move forward with the following:
1. Prohibit the use of electronic cigarettes and vaporizing devices in all places where
conventional smoking is prohibited
2. Require 100% hotel/motel rooms to be smoke-free.
3. Ban smoking in all parks, trails, and natural areas.
4. Prohibit smoking at public events and festivals.
5. Make Old Town/Downtown area smoke-free.
This item focuses on the first two items - electronic cigarettes and vaporizing devices and 100%
hotel/motel rooms. The other items are scheduled for City Council consideration on October 7,
2014.
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1. Electronic Smoking Devices
Electronic smoking devices are not currently regulated within the city. This proposal adds
electronic smoking devices to the smoking ordinance banning their use from all areas where
conventional smoking is prohibited. This includes bars, restaurants, workplaces, outdoor dining
areas, bar patios, and transit facilities.
The Food and Drug Administration (FDA) is beginning to consider regulation of electronic
smoking devices. They have recently proposed regulations that would require registration with
the FDA, not allowing free samples, minimum age requirements, and ingredient disclosure.
They are currently in a 75 day public comment period.
Electronic cigarettes or vaporizers are devices that vaporize and deliver to the lungs of the user
a chemical mixture composed of nicotine, propylene glycol and other chemicals. (See
Attachment 1) Some e-devices are offered without nicotine, and some are offered in candy or
fruit flavors that can be attractive to youth. When users inhale, a battery operated vaporizer
heats a liquid solution into a vapor. E-devices are also being used with highly concentrated
marijuana oil or wax, and may provide a discreet way of using marijuana in public settings.
While vapor from electronic devices likely contain fewer toxins and carcinogens than those
found in traditional tobacco smoke, this alone does not mean that breathing e-cigarette vapor is
“safe.” One recent study examined secondhand emissions from several e-cigarette brands and
found that e-cigarette users not only ingest but also emit toxins and harmful ultrafine and fine
particles, posting potential health risks to those nearby.
Although the long-term effects of electronic smoking devices require further study, the FDA has
found that some devices contain toxins and carcinogens and has expressed concerns about their
safety. Use of electronic devices and vaporizers, particularly in places where conventional
smoking is prohibited, may interfere with smokers’ attempts to quit by making it easier for them
to maintain their nicotine addiction. Children and youth who experiment with electronic devices
may become addicted to nicotine and ultimately switch to smoking cigarettes. Even small
amounts of liquid nicotine used in refillable devices can be poisonous to children.
The use of electronic smoking devices may be visually similar to the smoking of cigarettes, and
has already been observed in locations where smoking is prohibited, creating concern and
confusion. The use of electronic smoking devices where smoking is prohibited may increase the
social acceptability and appeal of smoking, particularly for youth. Staff has spoken with several
bar and restaurant managers who have confirmed electronic smoking devices being used in their
establishments. Some have decided not to allow their use in their establishment, while others are
waiting for direction from the City.
Several state and local governments have decided to regulate the use of electronic smoking
devices (Attachment 2):
• Utah, New Jersey, and North Dakota - passed legislation prohibiting e-cigarettes wherever
regular smoking is banned
• 10 States (including Colorado) - passed legislation regulating e-cigarette use in certain
places such as school property and State workplaces
• Nationally, 172 municipalities (including large metropolitan cities like New York and
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Chicago) include e-cigarettes in their local smoking ordinances.
The Fort Collins smoking survey conducted in March 2014 (See Attachment 3) had more than
2,100 respondents and asked: Do you think electronic smoking devices should be regulated in
the same manner as regular smoking products? The results show:
• Yes 48%
• No 30%
• No Opinion 22%
Additionally, the City hosted a public open house to gather more input. Approximately, 35
people provided input either in person or in writing. (See Attachment 4) The input regarding
electronic smoking devices were mixed with some people in favor of regulating them while others
opposed regulation because of the lack of evidence showing negative health impacts to
bystanders.
The TobacNO Youth Coalition provided a statement of support to limit public use of e-cigarettes
(Attachment 5).
Additionally, the Larimer County Board of Health voted to support adding electronic smoking
devices to the city’s smoking ordinance (Attachment 6).
2. 100% Hotel/Motel Rooms
The current Fort Collins Smoking Ordinance aligns with the Colorado Clean Indoor Air Act,
requiring at least 75% of hotel or motel rooms to be non-smoking. Additionally, the City’s
smoking ordinance prohibits smoking within 20 feet of any entryway; all other outdoor areas are
not required to be smoke-free. If Council chooses to adopt it, this proposal would require 100%
of hotel/motel rooms be smoke-free. The primary benefit of this requirement would be to protect
hospitality industry workers who may have considerable exposure as well as other patrons.
In 2006, the U.S. Surgeon General’s report determined there was no risk-free level of
secondhand smoke. The 2014 Surgeon General’s report expanded the list of diseases and
adverse health effects caused by secondhand smoke and, for the first time, linked secondhand
smoke exposure to strokes in adults. Tobacco smoke exposure is especially dangerous for the
health of children, pregnant women, and persons with chronic diseases who might visit local
hotels/motels as well as hospitality workers who may have considerable exposure during work.
Of recent concern is third-hand smoke, the tobacco residue from cigarettes, cigars, and other
combustible tobacco products that is left behind after smoking and built up on surfaces and
furnishings. These sticky, highly toxic particulates, like nicotine, can cling to walls and ceilings
and be absorbed into carpets, draperies, and other upholsteries. Nicotine remains on surfaces
for days and weeks, so carcinogens continue to be created over time, which are then inhaled,
absorbed, or ingested. Though the effects of third-hand smoke are not yet clear, a 2013 study in
hotels found that when a hotel allows smoking in any of its rooms, the smoke gets into all of its
rooms.
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Nationally, the following have 100% smoke-free hotel/motel room requirements (Attachment 7):
• 98 municipalities (none in Colorado)
• 5 states (Indiana, Michigan, Nebraska, North Dakota, and Wisconsin)
• Many large hotel chains (including Marriott, Westin, and Comfort Inn).
The Fort Collins smoking survey (Attachment 3) asked: Do you think 100% of hotel/motel rooms
in the City of Fort Collins should be smoke-free? The results show:
• Yes 56%
• No 34%
• No Opinion 10%
Additionally, input received at the public open house was mixed on this topic. Some believe that
hotels/motels should be 100% smoke-free while others believe it should be up to the business
owner to decide (Attachment 4).
The Larimer County Board of Health voted to support adding the requirement that all
hotel/motel rooms in the City of Fort Collins city limits be 100% smoke-free inside (Attachment
6).
There are currently five hotels/motels in Fort Collins that allow smoking in their guest rooms.
Staff reached out individually to each of them and spoke with the owner and/or manager in an
effort to understand their concerns, what could make it easier for them, and what timeframe they
would need to make the transition to 100% smoke-free rooms if Council chooses to adopt this
ordinance. The responses were:
• One motel is currently moving toward converting its smoking rooms to non-smoking rooms.
They only have one more room to convert, so they do not believe this will be a problem for
them. They would not like the City to ban smoking on their entire property as they would like
to provide an outdoor smoking place for patrons.
• One motel is planning to use the fall to convert their smoking rooms to non-smoking rooms
(they would like to do this while the North College road construction is occurring). They did
not have concerns about the ordinance, but they would like to have until January 1
st
before
the ordinance becomes effective.
• One motel stated that they are fine with the changes happening and it doesn’t matter to them
what the timing is. Their longer-term guests usually stay in their smoking rooms, but they
have cleaned up their motel a lot in the past couple of years and are continuing to make
improvements. The owner would be happy to go smoke-free because she has health issues
that are further impacted by smoke. They are more concerned about the North College road
construction and lack of parking than a smoking ban.
• One of the motels is a national chain specifically marketed for extended stays. They would
need to comply with their corporate policies if they are required to go 100% smoke-free.
They have a lengthy process to get approvals to build an outdoor structure for smokers
which they would want to provide. A delayed implementation date would be helpful.
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• One motel is extremely concerned and believes his business would not survive if Council
approves this ordinance. Most of his customers are extended stay (more than a couple
nights) and are smokers. He believes that this should be his decision; not the City’s.
Based on this input, staff recommends an implementation date of January 1, 2015 if Council
chooses to adopt the 100% hotel/motel smoke-free rooms amendment.
FINANCIAL / ECONOMIC IMPACTS
There are no financial impacts to the City. Enforcement will be done in the same manner with
the same staff as it is currently done for both of these potential amendments. Education and
outreach will be conducted by current staff.
There may be some financial/economic impact to the five (5) hotels/motels that currently allow
smoking. The impact could be negative or positive.
ENVIRONMENTAL IMPACTS
There would be improved air quality in hotels/motels that currently allow smoking.
PUBLIC OUTREACH
The City engaged in public outreach in an effort to understand the level of community support
for expanding the smoking ordinance to include prohibiting electronic smoking devices in all
places where conventional smoking is prohibited and require 100% of hotel/motel rooms to be
smoke-free (Attachment 8).
Public engagement efforts included:
• On-line informal survey - February-March 2014 - over 2,100 responses
• Public Open House - May 22, 2014
• Email communications in response to public open house
• One-on-one meetings with hotel/motel owners/managers
• Site visits
• Social media, press release, and website.”
Beth Sowder, Neighborhood Services Manager, stated this item proposes two amendments to
extend the City’s current smoking Ordinance. One would prohibit the use of electronic smoking
devices in all places where regular smoking is not allowed and the other would require that 100%
of hotel and motel rooms be smoke free. Sowder detailed the history of smoking regulations in
Fort Collins and the results of public outreach regarding the topics.
Cathy Choi, Tobacco No Youth Coalition, stated electronic cigarettes send a negative message to
youth and have been found to contain dangerous chemicals.
Jillian Brewer, Tobacco No Youth Coalition, opposed electronic cigarettes as being the same as
regular cigarettes.
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Councilmember Cunniff asked why these items have come prior to other smoking related items.
Sowder replied additional public outreach will be required for the other items.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 098, 2014, on First Reading.
Mayor Weitkunat requested an amendment to the Ordinance to return Section 2(a) to the
Ordinance with a 20% figure for the allotment of smoking rooms. She expressed concern
regarding the effect of this Ordinance on international visitors and extended stay occupants. No
second was offered.
Councilmember Troxell asked about the exception mentioned in the Ordinance. City Attorney
Roy stated there is an exception established which is limited to retail tobacco businesses rather
than guest rooms in lodging establishments.
Councilmember Troxell asked how marijuana smoking applies to this Ordinance. City Attorney
Roy replied marijuana smoking is regulated along with tobacco smoking under the same terms
and conditions.
The vote on the motion was as follows: Yeas: Campana, Overbeck, Cunniff, Poppaw, Horak and
Troxell. Nays: Weitkunat.
THE MOTION CARRIED.
Ordinance No. 099, 2014,
Amending Chapter 12 of the City Code to Establish Regulations
Regarding Disposable Bags, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to review a proposed ordinance that would require grocers to charge
10 cents for both single-use disposable plastic and paper bags at the check-out stand. All
revenues from the sale of bags would be retained by the grocers, who would be required to use
50% of revenues to purchase durable shopping bags to be distributed for free to customers
BACKGROUND / DISCUSSION
Since 2012, Fort Collins has investigated how to reduce the use of disposable bags in our
community. The Council has received three staff reports (February 2013, March 2013, and May
2014) about options available for local jurisdictions to stem the flow of waste that is produced by
single-use shopping bags.
The 2013 proposal for a disposable bags fee ordinance was defeated on a split vote by City
Council (3-3); it would have required grocers to charge a fee of 10 cents per single-use
disposable plastic or paper bag, with the revenue to be split between grocers and the City. At
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the May 13, 2014 work session, staff presented a modified version of the ordinance. Council
offered comments and requested staff to bring the ordinance back for adoption.
As written, the proposed ordinance:
• Requires grocers to apply a minimum cost of 10 cents per single-use disposable plastic or
paper bag at the check-out register
- Strictly defines the disposable bags as those used to bag up purchases at the
point-of-sale and exempts other types of packaging such as produce bags used to
contain bulk goods, and plastic bags used to prevent packages of meat from
leaking
• Provides that all revenue would be retained by merchants
- Grocery stores will be required to spend a specified portion (50%) of revenues
generated from sales of disposable bags to purchase durable bags that would then
be offered at no cost (free) to their customers.
The twenty-year history of regulations that have arisen to counter the flow of single-use bags
entering the waste stream is well documented. Around the world and throughout the US,
demonstrable reductions are shown to occur when restrictions are placed on the consumption of
disposable bags; people become accustomed to bringing their own durable cloth or woven-
plastic types of bags to hold shopping purchases.
Typically grocery stores are targeted because of their 60% share in communities’ bags usage.
In communities where mature programs have shown great success, such as San Francisco,
regulations may be expanded to include other types of merchants/retailers. As discussed at
previous Fort Collins City Council meetings, the number of US communities that have adopted
restrictions on plastic and paper bags continues to grow. It includes a broad geographic
distribution of cities from Washington, D.C., to Austin and Dallas, TX, Basalt, Aspen, Telluride,
and Boulder in Colorado, San Jose, CA, Montgomery County, MD, and most recently Chicago.
In a compelling illustration of effectiveness, Boulder’s 10-cent/bag ordinance has achieved a
68% reduction in single-use bags since it went into effect in July 2013.
Fort Collins’ ordinance is not aimed at banning plastic bags (nor paper ones), which is another
approach that has been taken elsewhere. In Fort Collins, grocery store customers will continue
to have a choice to receive disposable shopping bags as long as they are willing to pay for them
along with their other purchases.
The purpose of adopting a local ordinance is to prevent the negative impacts that are attributed
to disposable bags:
• Contributing to the volume of discarded material that enters landfills, albeit a nominal
amount of about 220 tons per year in Fort Collins
• Climate change: a source of 772 metric tons of carbon dioxide equivalent (CO2e) emitted
from Fort Collins
• Litter and habitat degradation, including in natural areas and water conveyances
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• Reduction in value of recyclables (plastic bags are a contaminant when mixed with
single-stream items such as paper, cans and bottles), and
• Excessive maintenance costs at recycling plants, where plastic bags routinely tangle up
conveyer belts and equipment.
Information from the literature is often used to define how many disposable bags, on average,
most people use since actual data from the grocery industry, which is reluctant to impart
proprietary information, is difficult to obtain. Brendle Group, a local consulting firm hired by
the City to evaluate options for reducing consumption of single-use bags in October 2012,
reported that an annual 342 bags per capita are used in Fort Collins, of which 60% (205 bags)
come from grocery stores. It may be easier to reconcile each person’s experience with this
number when it is broken down to four bags per week. Nonetheless, the total number of bags
estimated to be used in Fort Collins yearly - over 52 million - is so large as to be hard to
comprehend.
Finding alternatives to single-use products such as disposable bags is an important objective of
Fort Collins’ 2013 Road to Zero Waste Plan and adopted Zero Waste goals for the community.
Learning new habits to use durable bags is the first step toward other new “reuse” patterns that
become incorporated into people’s daily lives
Adoption of the ordinance is expected to have the following results:
• Encourage source reduction and re-use, leading to expanding efforts to other products
• Help meet goals to divert trash from landfills and reduce greenhouse gas emissions
• Reduce “life-cycle” impacts of single-use bags - such as impacts from material
extraction and production -- by transitioning to a bag type with lower life cycle impacts
• Reduce litter and pollution in the community, and globally, including plastic bags in trees
and waterways.
FINANCIAL / ECONOMIC IMPACTS
A cost of 10 cents per shopping bag will create a new income stream for the 20 grocery stores in
Fort Collins - as much as $1.6 M in the first year of implementation. As the table below shows,
half of this revenue applied to the purchase of durable bags suggests everyone in the community
could potentially receive at least three free durable shopping bags in the first year.
Estimated Revenue from Sales of Disposable Grocery Check-out Bags
2014 2015 2016
Fort Collins' population (DOLA
projections)
154,131.00 156,982.42 159,886.60
Estimated number of disposable bags used
at 342/person/year (assumes reduction by
half every year due to behavior change)
52,712,802.00 26,843,994 13,670,304
Number of bags (60%) from grocery stores 31,627,681.20 16,106,397 8,202,182
Charge per disposable bag sold $.10 $.10
Revenue generated at grocers from bag fee $ 1,610,640 $820,218
Percent of revenue to be spent by grocers
on purchase of reusable bags
50% 50%
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Amount of revenue available to be spent on
purchase of reusable bags
$805,320 $410,109
Number of reusable bags that could be purchased by grocers using disposable bags revenue
$0.35/bag 2,300,914 1,171,740
$0.75/bag 1,073,760 546,812
$1.50/bag 536,880 273,406
Annual number of free reusable bags available per citizen
$0.35/bag 15 7
$0.75/bag 7 3
$1.50/bag 3 2
Staff anticipates that distribution of free bags may be accomplished various ways, at the
discretion of the grocery stores, such as rewarding customers who have earned “loyalty points”,
as part of special promotional events or sales, or, supplying bags to certain customer groups
(e.g., in support of food distribution at local food pantries). The City intends to offer grocers
durable-bag logo design options but not to require that they use a prescribed design.
On the other hand, at 10 cents per bag, it could cost the average citizen as much $20.52 per year
in new costs if they elect to not switch to using durable shopping bags.
The benefits of having fewer disposable bags to clean up in public areas will save the City
money; however, staff is unable to quantify the costs savings to overall litter programs from a
reduced number of disposable bags. Having fewer disposable bags will also save money at
recycling plants in Denver, where Fort Collins’ recyclables are taken for processing, and will
improve their efficiency and profit margin.
ENVIRONMENTAL IMPACTS
An ordinance restricting the use of single-use disposable bags will have a small but measurable
impact on the community’s waste stream. According to Brendle Group, an estimated 220
tons/year of plastic bags from Fort Collins are sent to landfills for disposal, which represents
0.2% of the waste stream that Fort Collins sends for landfill disposal (no data were available for
disposable paper bags).
Both single-use plastic and paper bags cause other types of environmental damage. Plastic is a
very visible problem in maritime states and communities, where a serious consequence of plastic
bag pollution is lethal harm to marine life that ingests bags or get tangled in them, and plastic
litter can float around (for example, in large garbage “patches” that have now been found in all
the world’s oceans) and wash onto shores. For landlocked Fort Collins, plastic bag litter may
disappear with the wind or be broken down by sunlight and weather into smaller pieces. These
bits of plastic are still pollutants, even if they don’t resemble the bags they started off as;
however, the magnitude of environmental problems caused by plastic particulates in the soil and
other substrates are poorly understood.
On the other hand, critics of restrictions on bags will point out that replacement bags, such as
cotton fabric bags, create their own carbon footprint and may not be environmentally
sustainable because of reliance on fertilizer, pesticides, and herbicides. The report by Brendle
Group concluded that reusable bags made from cotton or non-woven plastic have lower life-
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cycle impacts across these categories than any single-use bag (assuming the bag is used many
times). According to a 2007 report by Sustainability Victoria (Australia), which compared life
cycle analyses of shopping bag alternatives, reusable, non-woven plastic (polypropylene) bags
were found to achieve the greatest environmental benefits. That study reported that “reusable
bags have lower environmental impacts than all of the single-use bags; a substantial shift to
more durable bags would deliver environmental gains through reductions in greenhouse gas,
energy and water use, resource depletion and litter.”
While plastic “film” bags and paper shopping bags are both recyclable, there is insufficient data
on bag consumption and recycling quantities to estimate their current recycling rate in Fort
Collins. There are at least 25 sites where plastic bags are locally accepted for recycling,
including all grocery stores in town.
Paper bags are widely recyclable, not only at public drop-off locations but also in single-stream
curbside collection programs offered by residential haulers.
Social Impacts
One of the most oft-heard arguments against changing to durable bags is the potential for
pathogens such as bacteria to be carried on the cloth bags brought into stores by shoppers to
hold their purchases. Two articles published in the US in 2012 brought this issue to light, which
has caused some to be concerned about the spread of health epidemics. While staff has been
unable to find any science-based research or evidence that correlates reusable bags with human
health impacts, there is no question about the importance of regularly washing durable bags.
This is an important message to underscore, along with the suggestion that shoppers may wish to
designate a specific bag to be used to hold any meat purchases.
Charges for disposable bags may be waived by grocery stores for shoppers who use food stamps.
Another way to minimize negative impacts on low-income citizens is for stores to donate durable
bags to organizations like the Fort Collins Food Bank for use in distributing free food.
Enforcement
An implementation date of January 2015 is recommended to allow grocers to prepare for the
requirement to charge for shopping bags.
A violation of the proposed ordinance will constitute a civil infraction. In the first few months of
implementation, it would be appropriate to apply an educational approach that ensures grocers
understand the new requirements; followed later by enforcement (citations) if/when compliance
is not achieved. As part of the ordinance, grocers will be required to provide data to the City on
the number of disposable bags sold to customers; this information will allow Environmental
Services staff to monitor stores’ implementation actions.
Implementation
In order to provide awareness about the new program to decrease the use of disposable bags, a
contest will be held to create attractive, fun, and Fort Collins-specific artwork to decorate
durable bags.
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Staff will research bag manufacturers’ products and select a sturdy, good quality bag that can be
ordered in bulk quantities at a price of around $1.00 each (or lower, if manufacturers can
deliver a washable bag that meets the City’s specifications for durability).
Throughout the summer, staff will solicit entries in the art contest, with the goal of awarding a
winner in September/October. The resulting artwork/graphics will be prepared for use on bags
and an order will be placed by the City for as many as 6,000 durable bags to be given away to
citizens later in the year, in anticipation of the ordinance going into effect in January 2015.
Grocers, and other merchants and retailers, will be invited to use the contest-winning artwork on
the bags they purchase for distribution to their customers. (Staff has learned that some stores
are willing to consider this offer, while others are unable to make a commitment to print a Fort
Collins-specific bag until and unless they receive corporate approval.)
BOARD / COMMISSION RECOMMENDATION
At its April 16, 2014 meeting, the Natural Resources Advisory Board (NRAB) unanimously
recommended that Council move forward with an ordinance regulating single-use disposable
bags.
PUBLIC OUTREACH
During 2014, a variety of public engagement methods were used to obtain comments about the
proposal to limit disposable bags. On multiple occasions, letters and e-mail messages were sent
to grocery store representatives to inform them of the City’s interest in adopting local
restrictions on disposable bags. In March, two press releases were issued and a “soapbox”
article was published in the Coloradoan, as well as e-newsletter articles. An Open House was
held on April 3 to allow the public to discuss its comments directly with staff. A dedicated web
page was maintained that allowed people to enter comments on-line and comments were also
received through Twitter and Facebook messages. After the May 13 work session and in
advance of the July 1 hearing, staff again communicated with the grocery store industry and
local stores to apprise them of final recommendations for the proposed ordinance.”
Lucinda Smith, Environmental Sustainability Director, stated finding alternatives to single-use
disposable bags is an important step in the Road to Zero Waste plan and Council’s goals to
reduce waste in the community. She noted the proposed Ordinance will require grocers to use
50% of the bag fee revenue to provide free durable bags; however, given that the income from
the bag fee will decrease over time, there will be a limit to the number of free durable bags
grocers will be required to provide.
Susie Gordon, Senior Environmental Planner, discussed the history of the disposable bag fee in
the City and the variety of approaches to the issue in other communities. The proposed $0.10 fee
per bag would not apply to produce or meat bags and the Ordinance would not apply to
convenience stores. The estimated revenue of the program will likely be a declining source of
revenue. Gordon also discussed the proposed outreach, should the Ordinance pass.
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Arlene Samuelson, Fort Collins resident, objected to the Ordinance as being an overreach of
government’s role and questioned who will regulate and monitor the program.
Joe Piesman, Natural Resources Advisory Board Chair, supported the Ordinance.
Jennifer Damir, 1218 Cliffrose Court, opposed the Ordinance as taking away rights of citizens.
Asma Henry, 1423 West Mountain, supported the Ordinance.
Mike Pruznick, Fort Collins resident, questioned the legality of the Ordinance and supported the
use of biodegradable bags.
Mary Lou Chapman, Rocky Mountain Food Industry Association President, opposed the
Ordinance as written and requested that each store be treated equally with no mandate as to how
to spend the funds.
Rob Cagen, 1225 Buttonwood, Natural Resources Advisory Board, supported the Ordinance.
Nate Barnes, Fort Collins resident, opposed the Ordinance.
Jeff Bailey, Fort Collins resident, opposed the Ordinance.
Nila Kruel, Fort Collins resident, opposed the Ordinance and expressed concern regarding
cleanliness.
Eric Sutherland, 3520 Golden Currant, opposed the Ordinance stating this will encourage
individuals to shop in Timnath.
Hunter Harms, Fort Collins resident, opposed the Ordinance.
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
Councilmember Cunniff noted the stipulation that participants in federal or state food assistance
programs would be exempt from the disposable bag fee. Additionally, he asked how many
reusable bags would be provided by retailers. Gordon replied the number of bags distributed
would be left to the discretion of the store.
Councilmember Cunniff asked if a deposit/return type program was considered. Gordon replied
that would require a redemption center and noted it does not occur for bags in other
communities.
Councilmember Troxell questioned the scope of the problem and asked about the recycling of
plastic bags. Gordon replied the plastic film recycling market is slowly emerging but the
recycled product is salable.
Councilmember Troxell asked why all retail stores are not being targeted if a reduction in bags is
the goal. Gordon replied Council has the prerogative to not limit the Ordinance to just grocery
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stores; however, grocery stores are often the first target of these types of regulations as 60% of
plastic bags come from grocery stores.
Councilmember Troxell asked how lower income residents will be addressed. Gordon replied all
residents can learn the same habits to use durable bags.
Councilmember Troxell asked about grocers who refund durable bag users of their own volition.
Gordon replied the stores would have the option to make these two issues mutually exclusive.
Councilmember Troxell argued Fort Collins’ bags have not been proven to affect sea creatures.
Gordon replied there is no data as to where Fort Collins’ wind-borne bags land.
Mayor Weitkunat asked about the primary purpose of this regulation. Gordon replied this
Ordinance is very consistent with the City’s zero waste goals which are meant to be applied to
the entire hierarchy of waste, including reduction and reuse, not simply recycling.
Mayor Weitkunat questioned why all retail stores were not included in the Ordinance. Gordon
replied the widely used approach throughout the country is to begin the focus on grocery stores.
Mayor Weitkunat questioned the difference between users buying bags to line trash cans versus
reusing grocery bags. Gordon replied the Ordinance will place the option to buy bags with the
consumers.
Mayor Pro Tem Horak asked if other communities have done research on the compensatory
plastic bag issue. Gordon replied she did not come across any data that establishes a correlation
between the increase of plastic bag sales and plastic bag fees.
Councilmember Cunniff asked if it would be possible to raise the amount dedicated to beneficial
uses, including bag recycling, to 75% of the fees collected. Gordon replied that is the
prerogative of Council.
Mayor Pro Tem Horak requested additional information regarding grocery stores’ administration
costs prior to Second Reading.
Mayor Weitkunat asked about the costs and policies relating to enforcement. Gordon replied the
enforcement has been determined to reasonably fall under the purview of the Neighborhood
Resources staff and grocery stores will not want to be caught out of compliance. City Manager
Atteberry stated he would further research the enforcement cost issue prior to Second Reading.
Councilmember Overbeck discussed the plastic bag fee in place in Breckenridge, where,
according to staff, a 50% reduction in the use of disposable bags has occurred.
Councilmember Campana stated the Road to Zero Waste needs to include policies such as this,
despite the difficulty in making the decisions. He stated consumers still have the right to
purchase plastic bags.
Councilmember Campana made a motion, seconded by Councilmember Poppaw, to approve
Ordinance No. 099, 2014, on First Reading.
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Councilmember Cunniff commended Councilmember Campana’s comments and discussed the
impact of plastic bags on local wildlife. He stated this is an important, prudent step in this
process.
Councilmember Overbeck stated this is a bag fee and not a tax.
Councilmember Troxell stated businesses should be able to make their own decisions and
supported a volunteer approach.
Mayor Pro Tem Horak requested additional information regarding the low income issue and
program administration costs prior to Second Reading. Additionally, he supported outreach
regarding expanding the program to additional retailers.
Councilmember Cunniff requested additional wording regarding the distribution of reusable bags
prior to Second Reading.
City Attorney Roy requested additional information regarding the requests for changes prior to
Second Reading.
Mayor Weitkunat opposed the use of a fee to accomplish the Road to Zero Waste goals. She
commended Fort Collins citizens’ recycling and reuse efforts and supported an educational
approach.
The vote on the motion was as follows: Yeas: Overbeck, Cunniff, Poppaw, Horak and Campana.
Nays: Weitkunat and Troxell.
THE MOTION CARRIED.
Resolution 2014-056
Establishing a City Council Mall Redevelopment Committee to Advise
the City Manager in Connection with the Redevelopment and
Reimbursement Agreement for the Redevelopment of Foothills Mall, Adopted
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to form a three-member committee of Councilmembers, to be known
as the “Mall Redevelopment Committee,” to be available to the City Manager for assistance
with the implementation of the Foothills Mall Redevelopment and Reimbursement Agreement.
BACKGROUND / DISCUSSION
On May 6, 2014, the City Council approved the First Amendment to the Foothills Mall
Redevelopment and Reimbursement Agreement. The First Amendment modified certain terms
and conditions related to the issuance of the District Bonds, increased the mechanisms for
oversight of certain performance requirements by the City, and clarified the level of
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administrative authority of the City Manager to interpret and amend the Agreement. It was also
determined that a resolution would be brought forward at a later date establishing a “Mall
Redevelopment Committee”. This Resolution establishes the role and responsibilities of the Mall
Redevelopment Committee.
Due to the complexity of the Mall redevelopment project, it is expected and understood that the
specific details of the Mall Project will continue to evolve, and the implementation of the
Agreement will require the City Manager to interpret and apply the terms of the Agreement and
work with the parties to manage project changes and challenges as they arise from time to time.
Resolution 2014-032 modified Section 25.5 and 26 of the Redevelopment Agreement to clarify
that the City Manager, in consultation with legal counsel, has the authority to amend the
agreement, provided there is no change or adverse impact to the City’s financial interests or
substantial change to the scope or general character of the project.
As part of this clarification, the City Manager and the City Council believe that it would be
helpful for the City Council to form a three-member committee of Councilmembers, to be known
as the “Mall Redevelopment Committee."
The purpose of the Mall Redevelopment Committee is to act as a conduit to the larger City
Council for information regarding the status of the project, and to be available to the City
Manager for feedback and advice in connection with administrative amendments to the
Redevelopment Agreement. It is intended that the Mall Redevelopment Committee be an advisory
group to the City Manager concerning potential administrative modifications per Section 25.5
and 26 of the Redevelopment Agreement.
The following is representative of the type of information that would be included within the
reports provided to the Committee and the associated discussions of the Committee (this is not
intended to be an exhaustive list):
Lease activity and flow of funds related to required leasing thresholds, including
information regarding lease verification visits.
Status of conditions precedent to bond issuance
Status of construction schedule
Status updates on performance of conditions (i.e. Youth Activity Center, Pedestrian
underpass, sustainability measures)
Status update any requested administrative amendments to Redevelopment Agreement
Provide opportunity for periodic site visits.
PUBLIC OUTREACH
This item was discussed during the May 6, 2014 City Council hearing on the First Amendment to
the Foothills Mall Redevelopment and Reimbursement Agreement.”
Mayor Weitkunat withdrew from the discussion of this item due to a conflict of interest.
City Manager Atteberry discussed the evolution and likely duties of the proposed Mall
Redevelopment Committee.
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Councilmembers Overbeck made a motion, seconded by Councilmember Poppaw, to approve
Resolution 2014-056, appointing Councilmembers Cunniff and Campana and Mayor Pro Tem
Horak to the Mall Redevelopment Committee.
Councilmember Troxell asked about the role of the Committee with regard to the role of Council
and asked if this Committee would be acting on behalf of the URA. City Attorney Roy replied
in the negative but stated the URA could form a similar Committee if desired.
Councilmember Troxell questioned whether or not this Committee would lead to
micromanagement.
Mayor Pro Tem Horak stated the advantage of the Committee is that it can meet more quickly
than the entire Council and stated the intention of the Committee will not be to micromanage.
The vote on the motion was as follows: Yeas: Cunniff, Poppaw, Horak, Troxell, Campana and
Overbeck. Nays: none.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 9:39 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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July 8, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting - 6:00 p.m.
A special meeting of the Council of the City of Fort Collins was held on Tuesday, July 8, 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: Cunniff, Horak, Overbeck, Poppaw, Troxell, and
Weitkunat.
Councilmembers Absent: Campana.
Staff Members Present: Atteberry, Nelson, Daggett.
Resolution 2014-057
Appointing an Interim City Attorney, Adopted
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to appoint an interim City Attorney.
BACKGROUND / DISCUSSION
This Resolution appoints an interim City Attorney in light of the unexpected passing last week of
Steve Roy, who has served as City Attorney for the City of Fort Collins since 1988.
Article VI of the City Charter provides that the City Council shall appoint a City Attorney who
shall be licensed to practice law in the State of Colorado, and fix the compensation of a City
Attorney. The City Attorney is authorized to appoint Assistant and Deputy City Attorneys, as
determined by the Council, and to assign duties to those attorneys.
Under the City Charter, the City Attorney has multiple roles. The first is to advise the officers
and employees of the City in matters relating to their official powers and duties. This occurs in a
fast paced and rapidly changing environment and often entails researching and preparing
memoranda to offer legal opinions and advice to the City Council and a variety of other
constituents within the organization. The Charter also provides that the City Attorney is
responsible for drafting all ordinances and other legal documents that the City needs in the
course of its operations. The Charter also assigns the City Attorney responsibility for
representing the City in all legal proceedings, including dozens of civil actions and handling the
prosecution of cases in Municipal Court. Finally, the Charter provides that the City Attorney is
responsible for attending all meetings of the City Council. In addition to Council meetings, the
City Attorney oversees participation of legal staff in the meetings of a wide variety of Council
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committees and City boards and commissions. The quality and timeliness of the legal services
provided by the City Attorney, directly and through the City Attorney’s Office, are critical to
ensuring that the objectives of the City Council and City staff are met.
The Resolution authorizes and requests that the Mayor and Mayor Pro Tem discuss and work
with the appointed interim City Attorney to develop a proposal for compensation, benefits and
other terms of appointment, in consultation with the Human Resources Director. The proposed
terms of appointment will then be presented in Ordinance form for Council consideration on
First Reading on July 15, 2014. The Resolution provides that the interim appointment continue
in effect until such time as the Council officially appoints the new City Attorney, or such earlier
time as the Council may, by resolution or motion, subsequently determine to be in the best
interests of the City.”
Mayor Weitkunat expressed condolences to City Attorney Roy’s family and commended his
service to the City.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-057, appointing Carrie Daggett as interim City Attorney. Yeas: Poppaw,
Horak, Weitkunat, Overbeck, Troxell and Cunniff. Nays: none.
THE MOTION CARRIED.
Other Business
Mayor Pro Tem Horak asked when Ms. Daggett will be sworn in as interim City Attorney. City
Manager Atteberry replied the swearing in could occur immediately.
Carrie Daggett was sworn in as interim City Attorney by City Clerk Nelson.
Adjournment
The meeting adjourned at 6:12 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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July 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, Larimer 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.
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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 Cunniff 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 Tem Horak discussed issues relating to homelessness and noted Larimer 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 1, 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 1, 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 1, 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 1, 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 City
Code Relating to Art in Public Places.
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.
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 II 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
trail 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 II 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 hut 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 Tem 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 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”
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 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.
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 an 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 air, 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 Cunniff 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 Cunniff 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 Cunniff 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 Tem 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 Cunniff. Nays: Horak,
Poppaw, Troxell and Campana.
THE MOTION FAILED.
Councilmember Cunniff 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: Cunniff.
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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 1995.
Given inflation and increases in the City’s purchasing 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 every five 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 Tem 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/I-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-L), 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, Cunniff, Horak, 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 Tem 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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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 that funding stream for the benefit of both
partners.
Over the past nine months, 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 the original and the proposed new RAF include the following
factors:
Cost Sharing between City and District
The original formula was based on an 80%/20% split in the total 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 funding formula 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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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
an 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 “5
th
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 met in joint session to review the proposed IGA
and Revenue Allocation Formula. Comments 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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2. Language regarding the phase-in period for the City’s increased contribution was clarified.
3. Exhibit A, “Funding Formula and Revenue Allocation Formula” was amended 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
other 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 state 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
nd
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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City Council Finance Committee review (Financial issues) March 17
PVFPD Board briefing and discussion (Financial Implications and
provisions of IGA)
March 24
PFA Board discussion (Update to Board on PVFPD and City
discussions)
March 25
PVFPD and City Council Joint Meeting (Review terms of IGA and
RAF; develop consensus on terms to prepare for formal
consideration)
April 2
PVFPD Consideration of Resolution 2014 - 03 to Approve IGA and
RAF
May 12
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 $24.7 million
Adequate Funding for Level of Service, 2014 $27.5 million
Split (based on the five- year average blend of service calls & assessed value)
City 82.5% $22.7 million
District 17.5% $ 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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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 funding, and during the next 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 Tem 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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“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 immediately, 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 terms with her, in consultation with Human
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 Tem 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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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.
Adjournment
The meeting adjourned at 9:26 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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July 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 fully and accurately document the Council’s action on
appeal, in order to eliminate any ambiguity or confusion in that regard.”
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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
th
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 Tem 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 Larimer 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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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 the 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 the 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 TIF Allocation.
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 Larimer 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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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 1 - 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 firm resources to actively recruit candidates & tap into search firm
candidate bank.
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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 Attorney Dir. Water & Sewer Police Chief
External recruitment -
national advertising
Search firm - national
advertising
Search firm - national
advertising
City of Loveland
City Attorney 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.
Search firm - national
advertising
Police Chief Search firm
- national advertising
Deputy City Manager/
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 Assistant 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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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.
Adjournment
The meeting adjourned at 7:02 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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