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HomeMy WebLinkAboutMINUTES-07/06/2010-RegularJuly 6, 2010 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 6, 2010, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call wasanswered by the following Councilmembers: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, and Troxell. Councilmembers Absent: Roy Staff Members Present: Jones, Krajicek, Roy. Citizen Participation Dr. Bruce Cooper, Health District of Northern Larimer County Medical Director, supported stringent regulation of medical marijuana businesses and urged Council not to grandfather existing dispensaries that do not meet regulations. He discussed potential negative effects of long-term marijuana use. Cheryl Distaso, Center for Justice, Peace, and Environment, thanked the Utilities Department for the Hazardous Waste Disposal Day and discussed the benefits of the Climate Action Plan. Stacy Lynne, 216 Park Street, discussed a Colorado Open Records Act (CORA) request submitted regarding a potential City tax increase and expressed concern that the request was not properly handled. She asked why a document defining "sustainable community" was not provided as part of the request. Bruce Lockhart, 2500 East Harmony Road, expressed concern regarding the Climate Action Plan. Laura Richardson, Safe Kids Coalition, and Kim Sharpe, Healthier Communities Coalition of Larimer County Director, supported Item No. 14, First Reading of Ordinance No. 081, 2010, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2010- 2011 Safe Routes to School Project and thanked Council for its support of the item. Citizen Participation Follow-u_ Mayor Hutchinson asked for clarification regarding CORA requests. City Attorney Roy replied the . Act applies to existing documents and a knowing violation of the Act is a misdemeanor criminal offense. The CORA process is used to provide requested documents; questions are typically answered outside that process due to strict time constraints on fulfilling CORA requests. There is [cell July 6, 2010 no existing document defining the term "sustainable community." Fees may be collected from the individual requesting documents as part of the statute, case law, and the City's administrative policy. Councilmember Manvel stated Ms. Lynne's CORA request appeared to be related to harassing the City rather than gathering information. Councilmember Troxell expressed support for clean renewable energy and stated public policy should be based on the best scientific evidence available. Mayor Hutchinson encouraged citizens to closely examine the Climate Action Plan and noted it was an update of a 1999 existing Climate Action Plan and passed by a unanimous Council vote. Three major changes included as part of the update were changing the CO, reduction goal to match the state's goal of 20% reduction by 2020, increasing efficiencies with programs such as ClimateWise, and including costs as well as benefits. Councilmember Kottwitz thanked citizens for being involved in City government. Agenda Review Deputy City Manager Jones stated a revised Resolution 2010-037 for Item No. 28 has been provided to correct agreement amounts. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the June 8, 2010, Adjourned Meeting and the June 15, 2010, Regular Meeting. 7. Second Reading of Ordinance No. 068, 2010, Making Various Amendments to the Cityf, . Fort Collins Land Use Code. This Ordinance, unanimously adopted on First Reading on June 15, 2010, makes changes, additions and clarifications in the 2010 annual update of the Land Use Code. 8. Items Relating to the Completion of the 2010 Spring Cycle of the Competitive Process for Allocating Ci1y Financial Resources to Affordable Housing and Community Development Activities Utilizing, the Federal Community Development Block Grant (CDBG) Program, the Home Investment Partnership (HOME) Program, and the City's Human Services Program. A. Second Reading of Ordinance No. 073, 2010, Appropriating Unanticipated Revenue ,and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 074, 2010, Appropriating Unanticipated Revenue in the Home Investment Partnerships Fund. 342 July 6, 2010 Ordinance No. 073, 2010, appropriates the City's FY 2010 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD). Ordinance No. 074, 2010, appropriates the City's FY 2010 HOME Participating Jurisdiction Grant from HUD. Both Ordinances were unanimously adopted on First Reading on June 15, 2010. 9. Second Reading of Ordinance No. 075, 2010 Amending Section 5-265 of the Citv Code Relating to Occupancy Disclosure Statements. This Ordinance, unanimously adopted on First Reading on June 15, 2010, amends the City Code requirement for occupancy disclosure statements and will require notarized signatures or electronic verification only on lease transactions, not on sales. 10. Second Reading of Ordinance No. 076, 2010 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Rangeview Adult Communitv Utility Improvements Project. The City Utilities Department plans to install new utility improvements along West Harmony Road on a property owned by Rangeview Adult Community Condominium Association (the "Association"). The project requires the acquisition of a utility easement from the Association. Due to the restrictive bylaws of the Association, the Association and the City have agreed to use eminent domain procedures to accomplish this acquisition. This Ordinance, unanimously adopted on First Reading on June 15, 2010, authorizes the use eminent domain proceedings. 11. Second Reading of Ordinance No. 077, 2010 Authorizing a Ratification and Agreement with Larimer Energy, LLC for the Landfill Methane Gas Project and Authorizing the Use of City -Owned Property_ Larimer County has entered into an agreement with Larimer Energy that allows Larimer Energy to install a landfill gas recovery system on landfill property, collect the methane gas, and sell the gas to a commercial energy user. The gas agreement gives Larimer Energy the right to exclusive use of a portion of the landfill property for a period of at least twenty years, and the right to build a facility on the property. This Ordinance, unanimously adopted on First Reading on June 15, 2010, authorizes the City of Fort Collins to enter into an agreement with Larimer Energy and the City of Loveland, ratifying the Gas Agreement, and consents to Larimer Energy's use of the jointly -owned landfill property. 12. Second Reading of Ordinance No. 078, 2010, Amending Ordinance No 086 2009 to Adjust the Annual Lease Rate of City -Owned Property at 3620 Kechter Road The City has owned and leased the property located at 3620 Kechter Road since 2002. This property is the smallest in acreage of the three developed horse properties that the City leases; yet, it has one of the highest monthly rents that the City charges on its rental properties. This Ordinance, unanimously adopted on First Reading on June 15, 2010, 343 July 6, 2010 amends Ordinance No. 086, 2009, to reduce 'the monthly rent from $19,200/year to $15,600/year to retain tenant residency on a continuing basis. 13. First Reading of Ordinance No. 079, 2010, Authorizing Conveyance of a Non -Exclusive Drainage Easement and Non -Exclusive Access Easement on City Property to New Prospect. LLC. New Prospect, LLC (the "Developer") is planning a development in the 800 block of East Prospect called New Prospect (the "Development"). As part of the requirements and design of the Development, the Developer has asked to purchase two easements on Mallards Nest Natural Area, owned by the City's Natural Resources Department. The easements consist of a drainage easement to meet the required stormwater retention criteria and stormwater outfall to Spring Creek and an access easement providing a pedestrian connection from East Prospect Road to the Spring Creek Trail. 14. First Reading of Ordinance No. 081, 2010, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2010-2011 Safe Routes to School Project. The City ofFort Collins Transportation Planning department has received an $88,250 federal grant through the Colorado Department of Transportation for the FY 2010-11 Safe Routes to School (SRTS) Program. This funding will allow the City of Fort Collins Safe Routes to School Program (administered and staffed by the Transportation Planning division) to provide non -infrastructure SRTS services for ten local schools. Non -infrastructure SRTS activities include in -class bicycle and pedestrian education, "train the trainers" program and training material development, and walking and bicycling encouragement events. The Fort Collins SRTS program partners with Poudre School District (PSD), the Bicycle and Pedestrian Education Coalition (BPEC) and Bicycle Colorado to provide in -class education and the "train the trainers" program. Additionally, the funds will cover the costs of free bicycle helmets for low-income students, federally -mandated data collection on walking and- - bicycling at the five local schools, and staff costs for program administration. The funding will allow the Fort Collins SRTS program to build on past successes and provide these services to ten additional schools. 15. First Reading of Ordinance No. 082, 2010, Appropriating Prior Year Reserves in the General Fund from Police Seizure Activities for Police Services. State law allows for the seizure of illegal contraband used in or gained from criminal activity. The intent is to deter crime and to recover proceeds gained through criminal conduct and apply those assets to defraying the costs of law enforcement. Asset seizure and forfeiture actions are civil cases that have been reviewed, filed, and pursued by the District Attorney's asset forfeiture specialist, and they are always accompanied by a parallel criminal prosecution. Colorado state law requires that the proceeds from successful asset seizure and forfeiture actions are to be used for law enforcement purposes and that the governing body of the seizing agency appropriates these 344 July 6, 2010 proceeds to supplement the seizing agency's budget or, in the alternative, forfeit the proceeds to the general fund of the State of Colorado. 16. First Reading of Ordinance No. 083 2010 Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Progam and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operatingget A grant in the amount of $21,574 has been received from the Colorado Division of Criminal Justice Juvenile Diversion fund for salaries associated with the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program for all other offenses. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm done by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice officials are optimistic repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. A $7,191 cash match is required for the $21,574 grant and will be met by appropriating funds from the police operating budget. 17. First Reading of Ordinance No. 084, 2010, Appropriating Prior Year Water Fund Reserves for the Advanced Metering Infrastructure Capital Project and Authorizing the Transfer of Existing Water Fund Operating Appropriations and the Transfer of Existing Water Meter Capital Project Appropriations to the Water Advanced Metering Infrastructure Capital Project. The Water Utility is planning to convert all water meters to Advanced Metering Infrastructure (AMI) technology in coordination with the Smart Grid Investment Project in the Light and Power Utility. The Water Utility's cost for the AMI project is estimated at $4,000,000. These costs are not covered in the Smart Grid Investment Grant (SGIG) obtained by Light and Power, however, the Water Utility will benefit from many of the technology and security improvements funded by the SGIG grant. To fund the project, the Water Utility is proposing to use $2,000,000 in existing appropriations to transfer into the Water Fund's AMI capital project and appropriating another $2,000,000 from Water Fund reserves. Savings in the Water Fund are projected to exceed $1,000,000 per year. Savings include the reduction of meter reading staff and increased revenues from more accurate metering. 18. First Reading of Ordinance No. 085 2010 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the North College Avenue Roadway Improvement Project Phase II The North College Avenue Roadway Improvement Project, Phase II (the "Project") is a road improvement project that extends from Vine Drive on the south to the intersection of Conifer Street on the north and is to be constructed in 2011. The purpose of the project is to construct interim improvements in accordance with the City of Fort Collins North College Corridor 345 July 6, 2010 Plan and the US 287/SH 14 Access Management Report. This project will also improve the safety, operations, and aesthetics between Vine Drive and the Hickory/Conifer intersection. The City will need to acquire certain lands adjacent to the project area for the improvements. These acquisitions include both fee simple acquisitions and permanent and temporary easements. Timely acquisition of the property interests is necessary, given the anticipated construction schedule for the project. 19. First Reading of Ordinance No. 086, 2010, Authorizingthe e Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project, Phase III -A. The Mason Express ("MAX"), Bus Rapid Transit Project is presently in the right-of-way acquisition phase of the project. Phase III -A is required to proceed with a small acquisition necessary for the planned South Transit Center facility. Phases I, II, and III were adopted by City Council last year, and acquisitions are underway on these phases. As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to Colorado State Statutes in the official Notice -of -Interest Letter. This letter is the first official step in the acquisition phase and must occur in advance of the appraisals. Authorization from City Council is needed prior to sending this letter to property owners. The recommended construction schedule and use of federal funds requires the timely acquisition of the necessary property interests. City staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 20. First Reading of Ordinance No. 087, 2010, Authorizing the Conveyance of Two Parcels of Real Property on North College Avenue to the Colorado Department of Transportation by Warranty Deed. In June 2007, Council adopted Ordinance No. 068, 2007, authorizing the conveyance of two parcels on North College Avenue to the Colorado Department of Transportation (CDOT) via quitclaim deed. The City constructed Phase I of the North College Improvements Project in 2003. For this project, the City and CDOT agreed that all property interests acquired for the Project would be deeded to the City. At the time of the Ordinance in 2007, the City had completed a number of transactions with CDOT using a quitclaim deed and City staff believed CDOT would complete this transaction with this same form of conveyance document. CDOT has since requested the City convey the property interests via warranty deed instead. Since Ordinance No. 068, 2007, specifically stated the City would use a quitclaim deed for the conveyance, City staff is requesting adoption of a new ordinance specifying the City will convey the property interests using a warranty deed. M[. July 6, 2010 21. First Reading of Ordinance No. 088 2010 Exempting the Fort Collins Discovery Museum Proiect from the Requirement of Section 2.2.3(C)(3)(a) of the Land Use Code The location of the planned Discovery Museum is on a portion of City -owned property known as Martinez Park. The project team has been moving forward with its design for quite some time. As part of this process, City staff ordered a title commitment to show that the City is the owner of the Facility site. During the title research process, the title company discovered a small area of land had not been included in any of the property conveyances since 1879. In order for the project to continue upon its planned schedule and to avoid negative impacts to the project budget, staff is requesting that Council, through this Ordinance, exempt the parcel from the Land Use Code requirement that all owners of recorded fee interests in the Facility property sign the plat; and authorize the City Manager and the City Attorney to respectively sign and certify the Facility plat on behalf of the City as owner of the property shown on the plat, including the parcel. 22. Resolution 2010-035 Supporting the Grant Application for a Local Parks and Outdoor Recreation Grant from the State Board of the Great Outdoors Colorado Trust Fund for the Fort Collins Discovery Museum Outdoor Exhibitions and Pro ams In August 2010, the Fort Collins Museum plans to submit a grant application to the State Board of Great Outdoors Colorado (GOCO) requesting $200,000 in support of the construction of outdoor exhibitions and programming spaces at the new museum facility. The GOCO Board requires a resolution from the applicant's governing body in support of the application and recognition of financial and other obligations inherent in the grant. 23. Resolution 2010-036 Authorizingthe he City Manger to Enter into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for the Receipt of Funds for the Fossil Creek Trail at County Road 38E. Great Outdoors Colorado has awarded the City a Special Opportunity Grant for the completion of the Fossil Creek Trail north of Cathy Fromme Prairie to Spring Canyon Community Park, designating $500,000 for this construction -ready trail project. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 7. Second Reading of Ordinance No. 068, 2010, Making Various Amendments to the City of Fort Collins Land Use Code. 8. Items Relating to the Completion of the 2010 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing the Federal Community Development Block Grant (CDBG) Program, the Home Investment Partnership (HOME) Program, and the City's Human Services Program. l 347 July 6, 2010 A. Second Reading of Ordinance No. 073, 2010, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 074, 2010, Appropriating Unanticipated Revenue in the Home Investment Partnerships Fund. 9. Second Reading of Ordinance No. 075, 2010, Amending Section 5-265 of the City Code Relating to Occupancy Disclosure Statements. 10. Second Reading of Ordinance No.. 076, 2010, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Rangeview Adult. Community Utility Improvements Project. 11. Second Reading of Ordinance No. 077, 2010, Authorizing a Ratification and Agreement with Larimer Energy, LLC for the Landfill Methane Gas Project and Authorizing the Use of City -Owned Property. 12. Second Reading of Ordinance No. 078, 2010, Amending Ordinance No. 086, 2009, to Adjust the Annual Lease Rate of City -Owned Property at 3620 Kechter Road. 27. Second Reading of Ordinance No. 080, 2010, Calling a Special Municipal Election to Be Held in Conjunction with the November 2, 2010 Larimer County General Election. Ordinances on First Reading were read by title by City Clerk Krajicek. 13. First Reading of Ordinance No. 079, 2010, Authorizing Conveyance of a Non -Exclusive Drainage Easement and Non -Exclusive Access. Easement on City Property to New Prospect,_ LLC.-,... 14. First Reading of Ordinance No. 081, 2010, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2010-2011 Safe Routes to School Project. 15. First Reading of Ordinance No. 082, 2010, Appropriating Prior Year Reserves in the General Fund from Police Seizure Activities for Police Services. 16. First Reading of Ordinance No. 083, 2010, Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. 17. First Reading of Ordinance No. 084, 2010, Appropriating Prior Year Water Fund Reserves for the Advanced Metering Infrastructure Capital Project and Authorizing the Transfer of Existing Water Fund Operating Appropriations and the Transfer of Existing Water Meter Capital Project Appropriations to the Water Advanced Metering Infrastructure Capital, Project. 348 July 6, 2010 18. First Reading of Ordinance No. 085, 2010, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the North College Avenue Roadway Improvement Project, Phase II. 19. First Reading of Ordinance No. 086, 2010, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project, Phase III -A. 20. First Reading of Ordinance No. 087, 2010, Authorizing the Conveyance of Two Parcels of Real Property on North College Avenue to the Colorado Department of Transportation by Warranty Deed. 21. First Reading of Ordinance No. 088, 2010, Exempting the Fort Collins Discovery Museum Project from the Requirement of Section 2.2.3(C)(3)(a) of the Land Use Code. Eric Sutherland, 3520 Golden Currant, withdrew Item No. 17, First Reading of Ordinance No. 084, 2010, Appropriating Prior Year Water Fund Reserves for the Advanced Metering Infrastructure Capital Project and Authorizing the Transfer of Existing Water Fund Operating.Appropriations and the Transfer of Existing Water Meter Capital Project Appropriations to the Water Advanced Metering Infrastructure Capital Project, from the Consent Calendar. Councilmember Troxell withdrew Item No. 21, First Reading of Ordinance No. 088, 2010, Exempting the Fort Collins Discovery Museum Project from' the Requirement of Section 2.2.3(C)(3)(a) of the Land Use Code, from the Consent Calendar. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and Troxell. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Kottwitz expressed concern regarding the eminent domain process with regard to Item Nos. 18 and 19, First Reading of Ordinance No. 085, 2010, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the North College Avenue Roadway Improvement Project, Phase II, and First Reading of Ordinance No. 086, 2010, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project, Phase III -A, respectively. She stated Council should be made aware of any eminent domain proceedings. Deputy City Manager Jones replied the two referenced agerida items initiate the acquisition process which is necessary because federal funds have been received for both projects and Council has adopted the process of approving acquisitions. The City is hopeful that all affected properties will be able to be acquired through negotiation rather than engaging in eminent domain. July 6, 2010 Councilmember Manvel supported Item No. 14, First Reading of Ordinance No. 081, 2010, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2010- 2011 Safe Routes to School Project, and asked that it be coordinated with the general bike education effort in Fort Collins. Matt Wempe, Transportation Planner, replied the Bike Safety and Education Plan has included public input regarding bike safety and should be concluded by the end of the year. Councilmember Troxell discussed Item No. 11, Second Reading of Ordinance No. 077, 2010, Authorizing a Ratification and Agreement with Larimer Energy, LLC for the Landfill Methane Gas Project and Authorizing the Use of City -Owned Property, and expressed support for converting waste streams into energy. He expressed concern regarding the exclusive contract length which might preclude future options. Staff Reports Deputy City Manager Jones stated the City's Recreation Department and its "What Moves You?" marketing campaign recently received the 2010 National Marketing Award from the National Recreation and Park Association. Councilmember Reports Mavor Hutchison stated the Colorado.Municipal League held its annual meeting in Breckenridge at the end of June at which he was part of a presentation addressing performance measurements in municipal government. Fort Collins is a leader regarding performance measurements. Councilmember Troxell discussed the value of the Colorado Municipal League conferences. Ordinance No. 080, 2010, Calling a Special Municipal Election to Be Held in Conjunction with the November 2 2010 Larimer County General Election. Adopted on Second Reading The following is staff s memorandum on this item: "EXECUTIVE SUMAMRY This Ordinance, adopted on First Reading by a vote of 6-1 (nays: Kottwitz), calls a Special Municipal Election to be held in conjunction with, the November 2, 2010 Larimer County General Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot it would need to do so no later than at its August 17 meeting. If Council does not take action by resolution before the statutory deadline (September 3) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this -Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 2, 2010 ballot. However, for the past several months City staff has been conducting a community dialogue about how to address pressing, unfunded needs in street maintenance, police, fire, parks and recreation. Staff 350 July 6, 2010 recommends that voters have an opportunity to decide via an election. Adoption of this Ordinance is a required step in preserving the option for City Council to submit a sales tax increase to the voters should they so choose. Pursuant to Council direction on June 15, a Whereas clause has been added to the ordinance to indicate the possibility of placing a measure on the November 2 ballot that would seek an increase in.the City's sales and use tax rate ". Deputy City Manager Jones stated at a March work session, staff presented information regarding several unfunded needs including streets maintenance, parks, recreation, and police and fire. Council directed staff to acquire citizen feedback through Resourcing Our Future meetings. Feedback showed citizens appreciate the quality of life in Fort Collins but would like the focus to remain on high priority services, including transportation. Citizens also want further efficiencies to be sought within the City organization and want to have the choice to increase sales tax. Ordinance No. 080, 2010, would only hold a place for the item on the November ballot; it does not set the ballot language. The Ordinance, on Second Reading includes a "Whereas" clause which indicates the possibility of placing a measure on the November 2 ballot that would seek an increase in the City's sales and use tax rate. Council will need to finalize the ballot language by August 17`` . Eric Sutherland, 3520 Golden Currant, stated the tax item should have come earlier in order to allow for a more detailed discussion of ballot language. Gary Thomas, Transportation Board Chairman, stated the Transportation Board voted unanimously to recommend this item be placed on the ballot. He discussed the need for street maintenance in Fort Collins. Bruce Lockhart, 2500 East Harmony Road, expressed concern regarding the amount of City -owned land and suggested some of it could be sold to raise funds. He also suggested the Open Space tax revenue could be repurposed to fund other needs. Larry CarUlo, 1019 Deer Creek Lane, questioned the timing of a tax increase proposal and discussed the importance of the Open Space tax and what it funds. Councilmember Manvel asked if the Ordinance restricts Council only to a sales tax. City Attorney Roy replied it does not. Councilmember Kottwitz noted the ballot language will come before Council in the form of a resolution, which means there will only be one Council vote on that item. She asked if it would be possible to move the item to an earlier Council meeting to allow for time to have discussion before the absolute deadline of August 17th. Councilmember Troxell stated this tax would actually be a General Fund increase as there is no definition of where the funds will be used. 351 July 6, 2010 Councilmember Ohlson stated the City will begin spending the money on unfunded needs shortly after the election, which will be one way to ensure funds will go to what has been discussed. Councilmember Kottwitz stated the purpose of the new "Whereas" clause was to state Council's intention to propose a sales tax increase. Councilmember Poppaw noted other revenue sources, such as fees, could still be considered. Mayor Hutchinson noted the 1% sales tax increase proposal was the City Manager's recommendation and agreed that other funding options could be discussed. Councilmember Troxell stated a prioritization process needs to be put into place and the City needs to examine other efficiencies it can, incorporate. Councilmember Kottwitz asked if staff is planning to recommend anything other than a sales tax increase. Deputy City Manager Jones replied in the negative. IJ Councilmember Poppaw asked when the 2011-2012 budget would be available for Council and noted citizens will be making the ultimate decision regarding a sales tax. Councilmember Ohlson stated he would be proposing and supporting a sales tax increase of less than one percent, with a sunset provision. He noted a fee would not collect as much revenue as a potential sales tax increase. The item should be brought forth as soon as possible, in a special meeting if necessary. Councilmember Manvel noted the recommendation to increase the sales tax by one percent- was proposed by staff and has been broadly discussed in the community. Councilmember Manvel made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 080, 2010, on Second Reading. Councilmember Manvel noted this item will reserve a space on the November ballot for an item determined by Council to be the best option. The citizens will then be given a choice regarding that option. Councilmember Troxell stated a prioritization process needs to promote economic vitality. Councilmember Kottwitz expressed concern there is not enough time to finalize a ballot measure and stated she would not support the motion. Councilmember Ohlson thanked Mr. Carillo for his comments regarding Fort Collins' Open Space. He noted future budgets will potentially be worse. Mayor Hutchinson stated job and service cuts began in 2005. He stated this item will preserve the option for allowing citizens to make the final decision. 352 July 6, 2010 The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw and Troxell. Nays: Kottwitz. THE MOTION CARRIED. Resolution 2010-037 Approving the Design, Project Schedule, and Amount of Tax Revenue to Be Set Aside for the Construction, Operation and Maintenance of the Fort Collins Discovery Museum Adopted The following is staff's memorandum for this item: "EXECUTIVE SUMMARY The Discovery Museum Team is requesting approval of the design for the new Discovery Museum, based upon a presentation that provides the current drawings of the site, landscaping, floor plan, axonometric views, elevations, street view, exterior finishes and fencing. The team requests approval of the scheduling, which anticipates construction starting in July 2010 and completion in December 2011. Additionally, the team is requesting approval of the amount of BOB funding for this project. BACKGROUND The Fort Collins Museum/Discovery Science Center Operating Agreement states, in paragraph 2.4(o, "Construction activities cannot begin until the design of the Facility is formally approved by the City Council and the Board of the Museum/Discovery Science Center Non -Profit Corporation (NPC) ". The design is presented in the accompanying Power Point Presentation (Attachment 1). The NPC Board has been briefed on this design and plans to approve it, once it receives the same information as is being presented to the City Council. The City Council was briefed previously on this project design at a worksession on March 9, 2010. Additionally, the Ordinance approving BOB requires that the City Council approve the design, scheduling and funding for this project. FINANCIAL IMPACTS In November, 2005, the voters approved Ordinance No. 092, 2005, Building on Basics (BOB), to provide $6 million in tax revenue to fund construction of a new museum/science center facility and provide for $200, 000 per year for at least seven years for operations and maintenance. BOB made construction of the Institution expressly contingent upon the NPC funding no less than $3, 600, 000 of the cost of constructing the new facility; of which, $2,500,000 will go towards design and construction of the newfacility and the remaining $1,100, 000 be used for the creation or acquisition ofscience and technology exhibits at the Facility. The NPC has raised the required $3, 600, 000 and much more. The Agreementfurther required that the Facility be constructed on a suitable property already owned by the City that is acceptable to both the City and the NPC; this property is the designated site at the east end of Martinez Park. The project is currently valued at $25,196, 034, per the attached Budget Summary (Attachment 2). The additional funding will be coming from 353 July 6, 2010 grants and public and private donations that have been and continue to be requested by the City and NPC Partnership. To date, the Partnership has raised a total of $20, 930, 000, including the value of the land. The project can be built, even if additional fund-raising does not meet the goal, since the construction of the facility has been fully funded as well as the core exhibits. The additional Ands will be used for the procurement of the balance of the exhibits in the tl'Iaster Plan and the Digital Dome. " Deputy City Manager Jones noted Resolution 2010-037 has been modified to reflect the correct amounts. Cheryl Donaldson, Museum Director, stated staff is seeking approval for the design, scheduling, and Building on Basics funding for the Fort Collins Discovery Museum. David Schafer, Oz Architecture, stated the project is located on the northwest corner of Cherry Street and College Avenue and discussed building and site design. He stated the project's three main goals are stewardship of self, stewardship of the community, and stewardship of the environment. Building design features compliment existing environmental features and focus on sustainability and energy efficiency. Steve VanDerMeer, 1712 Westview, Museum Board of Directors Chairman, thanked City staff and noted the Board unanimously approved the Discovery Museum proposal. Councilmember Kottwitz asked how operation and maintenance of the building would be funded after seven years of funding from Building on Basics. Donaldson replied that timeframe will allow the Museum's endowment to be funded and it is anticipated that will ultimately fund the operating costs. Councilmember Ohlson asked what type of grass would be used surrounding the building. Mr. Schafer replied natural vegetation and plantings requiring minimal water use and maintenance will be used. Councilmember Ohlson expressed concern that donor names would be associated with aspects of the building. Donaldson replied it is extremely important to acknowledge donors but the intention is do so in a way consistent with other museums. Deputy City Manager Jones noted not all donors will wish to be publically recognized. Councilmember Ohlson asked if recognition of the Natural Areas Program, which has donated $1 million to construction costs, will be given. Donaldson replied the Museum will house a no -cost exhibit specifically to provide information regarding the Natural Areas Program and the Program will be discussed throughout the Museum experience. Councilmember Manvel asked why renderings do not illustrate a sign indicating the name of the building. Mr. Schafer replied an artist and logo and branding consultant have been retained regarding a logo and public art. 354 July 6, 2010 Councilmember Manvel asked about the digital screen on the exterior of the building and its compliance with the City's sign code. Mr. Schafer replied the panel is neither a sign, nor entirely a digital screen and will be visible from the Cherry and College intersection. Councilmember Manvel expressed discontent with the idea of any type of digital sign. Mr. Schafer replied details have yet to be completed and noted art will also be incorporated in the area. Donaldson replied the rendering illustrates a placeholder for some type of sign, not a digital screen. Councilmember Kottwitz asked if Council would again be voting on the final design of the project. Deputy City Manager Jones replied this will be the last Council vote on the item, allowing construction to move forward. City Attorney Roy stated Council may use its discretion in terms of the amount of detail it wishes to approve. The Building on Basics Ordinance requires the design to be approved by Council; however, the City Manger does have the authority to make changes based upon Council feedback. Councilmember Ohlson requested future projects be brought before Council earlier, with information regarding Planning and Zoning Board input, to allow for discussion prior to construction beginning. Councilmember Troxell asked about the final date for raising the remaining $4.2 million and who would be liable if the full amount is not raised. Donaldson replied the funding is in place for building construction and the remaining money will be for exhibit staging. It is the responsibility of both the City and the private non-profit Discovery Science Museum to raise those funds. The final development phase of the exhibit plan is being completed and the Museum has applied for grants to fund all exhibits. As with any museum, this project will seek grants and donations even after opening. Councilmember Troxell asked about the precast panels to be used in construction. Mr. Schafer replied they are precast, acid -etched concrete panels which have a light tan tint. Councilmember Troxell asked how many parking spaces are available. Mr. Schafer replied 86 parking spaces are available on site. A parking analyst added 20% to the gross average visitor number to allow for spikes in attendance resulting in 283 visitors per day. Assuming 2 people per car, that would be approximately 142 cars per day with an assumption that 50% of those would be on -site at any given time. Thirty-six bike parking spaces will also be provided. Mayor Hutchinson clarified the $4.2 million referenced by Councilmember Troxell will not be owed by any entity. If that money is not raised, exhibits will simply not be as well staged. Councilmember Ohlson asked for an overview of Planning and Zoning Board recommendations. Mr. Schafer replied the Board's main concern was parking, which was adjusted to allow for school buses to be parked on site during the week. Bike parking locations were also adjusted. The Board was also interested in articulation along the length of the building so some variation was added there. 355 July 6, 2010 Councilmember Ohlson complimented the Planning and Zoning Board for its deliberation and asked for comment regarding the role Fort Collins' history will play in the Museum exhibits. Donaldson replied the experience will integrate both science and history and include the history of Fort Collins' population. The geology and natural history of the area will also be discussed from a scientific and cultural perspective. Councilmember Ohlson asked about additional storage space for collections, which is currently needed to plan for 10% expansion over existing collections. Donaldson replied the Museum's collection policy is very stringent and 10% is generally the number assumed by most new museum buildings. Off -site storage can also be expanded and movable shelving will be used to compact more artifacts into a smaller space. Councilmember Troxell expressed the desire to see engineering components as well as scientific components in the exhibits. Councilmember Manvel asked about the integration of windows in the building. Mr. Schafer replied he is working with Gyroscope, the exhibit designer, to calibrate the windows on the north wall. ("Secretary's note: The Council took a brief recess at this point in the meeting.) Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Resolution 2010-037. Councilmember Ohlson stated he would support the motion and asked that the aesthetics of the experience be taken into account when recognizing donors. Councilmember Ohlson noted this item was approved via a vote several years ago and is part of Building on Basics. Additionally, the first seven years of operations and maintenance are included in that funding. Mayor Hutchinson stated the partnership between the municipal government and citizens has led to an exciting project. The vote on the motion was as. follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and Troxell. Nays: none. THE MOTION CARRIED Ordinance No. 084,1010 Appropriating Prior Year Water Fund Reserves for the Advanced Metering Infrastructure Capital Project and Authorizing the Transfer of Existing Water Fund Operating Appropriations and the Transfer of Existing Water Meter Capital Project Appropriations to the Water Advanced Metering Infrastructure Capital Project, Adopted on First Reading The following is staffs memorandum for this item. 356 July 6, 2010 "EXECUTIVE SUMJL4RY The Water Utility is planning to convert all water meters to Advanced Metering Infrastructure (AMI) technology in coordination with the Smart Grid Investment Project in the Light and Power Utility. The Water Utility's cost for the A111project is estimated at $4, 000, 000. These costs are not covered in the Smart Grid Investment Grant (SGIG) obtained by Light and Power, however, the Water Utility will benefit from many of the technology and security improvements funded by the SGIG grant. To fund the project, the Water Utility is proposing to use $2,000,000 in existing appropriations to transfer into the Water Fund's AMI capital project and appropriating another $2,000,000 from Water Fund reserves. Savings in the ,Water Fund are projected to exceed $1, 000, 000 per year. Savings include th6reduction of meter reading staff and increased revenues from more accurate metering. BACKGROUND This appropriation will fund the implementation of AMI for the Water Utility. The project will replace approximately 33,700 water meters to provide communication between the Utilities and the customer's water meter. This proposal was originally included as part of the Utilities 2010-2011 Budgeting for Outcomes process but was withdrawn while the Light and Power Utility pursued its grant application with the Department of Energy. Now that the grant has been obtained, and Light and Power has obtained authorization for appropriation of the required matching funds, the Water Utility is requesting appropriation for its portion of the AMI project. AMI technology provides the Utility the capability to reduce its operational costs by automating functions that are currently performed manually; primarily the reading of water meters for billing purposes. The project will enable the daily reading of water meters and identification ofpotential water leaks beyond the meter. Customers can expect greater customer service including increased bill accuracy, better consumption information, a shorter lag between usage and billing, faster response to bill inquiries, and additional physical privacy. The Utility has identified $2, 000, 000 in existing appropriations that will be used toward this AMI project. These existing appropriations were all related to planned capital costs related to water meters that will not be necessary if the AMI project is approved. Staff is recommending that Council approve the transfer of these existing appropriations into the Water AMIproject. Staff is proposing that.the remaining $2, 000, 000 needed for the AMI project be appropriated from prior year Water Fund reserves. " Eric Sutherland, 3520 Golden Currant, expressed concern about the return on investment associated with the expenditure for the Water AMI project. He asked how replacing water meters would provide a $1 million savings.. Councilmember Kottwitz asked if there will be future requests for AMI'or SmartGrid funding. Bill Freeman, Utilities Finance and Budget Manager, replied this will be the final request. 357 July 6, 2010 Councilmember Kottwitz asked if the $2 million being requested from reserves was part of the initial Council approval for AMI or SmartGrid. Freeman replied it was part of the initial presentation on AMI but was pulled when the Grid grant became a possibility. Councilmember Kottwitz asked about the current state of reserves and how much will remain after the $2 million is used. Freeman replied there is approximately $50 million in the Water Reserve Fund and the plan is to draw that down over the next few years until minimum financial policy levels are met by the end of 2014. Most of the money is committed for water rights, primarily dealing with the Halligan Reservoir project. Approximately $21 million is reserved for capital projects over the next few years. The minimum to be kept in reserves is approximately $12 million. Councilmember Kottwitz asked about the source of the $1 million savings estimate. Freeman replied about $280,000 is projected to come from savings on meter reading. The balance will come from recognizing current inefficiencies. Councilmember Manvel noted more accurate metering will also save money. Councilmember Kottwitz asked if the Fort Collins/Loveland Water District would also be participating in the AMI project. Freeman replied the project will only replace the City's 34,000 water meters. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 084, 2010, on First Reading. Councilmember Kottwitz stated she would not support the motion and expressed concern regarding the expenditure from reserves and the fact that the item was originally on the Consent Calendar. Councilmember Manvel stated he would support the motion as the item increases efficiencies and decreases expenses. _ Councilmember Poppaw stated she would support the motion and expressed concern that the item was originally on the Consent Calendar. The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw and Troxell. Nays: Kottwitz. THE MOTION CARRIED. Ordinance No. 088, 2010, Exempting the Fort Collins Discovery Museum Project from the Requirement of Section 2.2.3(C)(3)(a) of the Land Use Code. Adopted on First Reading The following is staff s memorandum for this item. ft 1 July 6, 2010 "EXECUTIVE SUMMARY The location of the planned Discovery Museum is on a portion of City -owned property known as Martinez Park. The project team has been moving forward with its design for quite some time. As part of this process, City staff ordered a title commitment to show that the City is the owner of the Facility site. During the title research process, the title company discovered a small area of land had not been included in any of the property conveyances since 1879. In order for the project to continue upon its planned schedule and to avoid negative impacts to the project budget, staff is requesting that Council, through this Ordinance, exempt the parcel from the Land Use Code requirement that all owners of recorded fee interests in the Facility property sign the plat; and authorize the City Manager and the City Attorney to respectively sign and certify the Facility plat on behalf of the City as owner of the property shown on the plat, including the parcel. BACKGROUIND The City is the owner of multiple parcels of land at the east end of Lee Martinez Park located between Cherry Street on the south and the Poudre River on the north. This site was selected as the location of the new Discovery Museum facility ("Facility'). The City is building the Facility in accordance with the Operating Agreement between the City and the Discovery Science Center, dated March 11, 2008 ("Agreement'). The Agreement states that upon completion of the Facility, and in accordance with Ordinance No. 013, 2008, the City will convey the Facility site to the City and the Discovery Science Center as tenants in common. In recent months, the City, as present owner and developer of the Facility, has been taking the Facility project through the City's standard development review process in accordance with the City's Land Use Code. When the plat and plans for the Facility are completed and approved, the City as owner and developer will have to certify on the plat that the plat has been signed by all current owners of any recorded fee interest in the land shown on the plat. In preparing the plans and plat for the Facility, City staff mapped out all the various parcels of land making up the Facility site and discovered a small tract of land, approximately .217 acres in size, for which record ownership is not clear (the "Parcel'). In 1877, the owner of the property that included the Parcel conveyed some rights in the Parcel to the Colorado Central Railroad for a railway line. That owner then excluded the Parcel from a later conveyance of his property. The Railroad never built a rail line through the Parcel and eventually abandoned or vacated its rights in the Parcel, creating some question as to who now has record ownership of the Parcel. The City has owned all the property surrounding the Parcel for at least 65 years, and previously no one on City staff had any reason to think that the Parcel was not part of the City -owned property. The City has managed and maintained the Parcel as Parkproperty, and a portion of a City trail has cut across the Parcel for at least 25 years. Even the title company that reviewed title for the Facility project believed the City owned all the relevantproperty until the City's mapping showed otherwise. 359 July 6, 2010 Under the Land Use Code, construction of the Facility cannot begin until the Facility plat is approved and signed, and the plat cannot be finalized until the owners of all recorded fee interests in the subject property have signed. Staff is trying to determine who any possible record owners of the Parcel may be, with the goal of quieting title to the Parcel through a court proceeding, if necessary. However, a quiet title action will take months to complete, significantly delaying construction of the Facility. Staff considered the possibility of redesigning the Facility to avoid the Parcel, but without the Parcel the site is too constrained to make development of the Facility work in an acceptable way. City staff believes that the City has already acquired title to an absolute fee interest in the Parcel through the legal doctrine of "adverse possession". The general test for adverse possession is that a parry in possession of land could claim to have obtained title by adverse possession with proof that such possession was: 1. open and notorious (occupying property in a way that would put the owner on notice of one's claim), 2. hostile and under a claim of right (occupying property with the belief that it is one's own), 3. adverse (that is, not just a use permitted by the owner), 4. actual (using the property in a way that is similar to the typical use of the property), S. exclusive (not sharing possession with the record owner), and 6. uninterrupted for the statutory period (in Colorado, eighteen years). J Adverse possession does not, however, give an owner record title to a property until title to the property is quieted through a court action, and the Land Use Code requires that a plat be signed by all record owners. For this reason, staff is asking the Council, through this ordinance, to exempt the Facility project from the Land Use Code requirement that all owners of recorded fee interests in the Facility property sign the plat; and to authorize the City1lanager and the City Attorney to sign and certify the Facilityplat and site plan on behalf of the City as owner of the property shown on the plat and site plan, including the Parcel. Staff will proceed with the quiet title action (based on adverse possession) to obtain record ownership of the Parcel. " Councilmember Troxell asked for a description of the property issue. Helen Matson, Real Estate Services Manager, replied the issue involves a 9,400 square foot piece of property included in land purchased from Burlington Northern Railroad in 1944. The land has not been included in any property conveyance since 1878 and this item involves the process required to use the land. Councilmember Troxell stated part of the justification in asking for a Land Use Code exemption was possible delays and costs resulting from those delays. He expressed concern regarding fairness to other property owners and asked if an issue such as this has come forward with a private land owner. Steve Dush, Current Planning Director, replied in the negative. Councilmember Troxell asked how this issue would be treated in the Land Use planning process should the land have a private owner. Dush replied he is not aware of a similar property in Fort Collins. Additionally, the City has maintained and used the property since 1944. A Code change would be required should the exemption process not be utilized. 360 July 6, 2010 Councilmember Troxell asked if a private owner in this situation would have delays in his project until the ownership issue was clarified. Dush replied a private developer would need to comply with that section of the Code, which is the verification they own the property. The plat would not be able to be certified and the Final Development Plan could not be approved until that verification occurred. Councilmember Troxell asked about the process to list the City as the owner of record for the property. City Attorney Roy replied this issue could have been addressed by amending the Code allowing the Director to waive this requirement. Additionally, waiting for a quiet title action would take several months. Therefore, staff brought this item forward in order to keep the project on track as the City does own this piece of land by adverse possession. The City can become the owner of record through a quiet title action, or through eminent domain if necessary, at a later date. A private party would not have that option. Mayor Hutchinson asked if staff views this approach to be fair. City Attorney Roy replied it is reasonable and there is a legitimate justification for distinguishing between the City and a private party being in this position. The issue of fairness is up to Council. City Attorney Roy stated the owner certification requirement exists to ensure any party in a position to object has consented. Council is the only authority that can make this decision and it often enacts laws that apply to private parties but not the City. Council has the authority to determine whether the item is fair and in the public interest. Councilmember Troxell asked if there is any risk that an owner of the affected property may come forward. City Attorney Roy replied the risk is nominal. If there was a party that claimed an interest in the party, the City is in a position to negotiate with that party or, if necessary, acquire it by eminent domain. Councilmember Kottwitz asked when staff discovered the title issue. Matson replied it was after the March work session and was found by the land surveyors. Councilmember Kottwitz expressed concern about the timing of the item as Council will delay the Discovery Museum project if it does not approve this item. Deputy City Manager Jones replied this project was scheduled for this year as part of the Building on Basics project. Marty Heffernan, Director of Culture, Parks, Recreation, and Environment, replied the project has met all other City requirements and this title issue was unexpected. Councilmember Kottwitz expressed concern that costs would be incurred if Council did not approve the item. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 088, 2010, on First Reading. Councilmember Troxell stated he supports the Discovery Museum project but will not support the motion based on fairness concerns. 361 July 6, 2010 Councilmember Kottwitz stated she would not support the motion based on fairness concerns. Councilmember Manvel stated reasons have been provided for treating government differently than private developers and the item is in the public interest. Mayor Hutchinson stated the item serves the public interest and the City has been shown to be fair in land transactions. The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson and Poppaw. Nays: Kottwitz and Troxell. The meeting adjourned at 9:35 p.m. ATTEST: !� a- V� % . City Clerk Adjournment 362