Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/17/2010 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE J DATE: August 17, 2010 AGENDA ITEM SUMMARY STAFF: Wanda Krajicek FORT COLLINS • Consideration and Approval of the Minutes of the July 6 and July 20, 2010 Regular Meeting and the July 27, 2010 Adjourned Meeting. July 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 was answered 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-up 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 341 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 COz 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 City f 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 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. 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 Cites 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 Rang_eview Adult Community 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 Adiust 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 Cijy 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 of Fort 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 Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. 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, 11, 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 ofTransportation(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. 346 July 6, 2010 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. 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 Programs. 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 e 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: 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 andAuthorizing 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 agenda 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. 349 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, LLCfor 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 Mayor 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 SUMMARY 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`h. 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 Carillo, 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. 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 ]). 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 thisproject 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 Agreement further 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 funds will be used for the procurement of the balance of the exhibits in the Master 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 staff s memorandum for this item. 356 July 6, 2010 "EXECUTIVE SUMMARY 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 costfor 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. 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 ofthese 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. 358 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 sometime. 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 ]], 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 platfor 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 ofa 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 party 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), 5. exclusive (not sharing possession with the record owner), and 6. uninterrupted for the statutory period(in Colorado, eighteen years). 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 City Manager and the City Attorney to sign and certify the Facility plat 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 MOTION CARRIED. Adjournment The meeting adjourned at 9:35 p.m. Mayor ATTEST: City Clerk 362 July 20, 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 20, 2010, 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: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy, and Troxell. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Eric Sutherland, 3520 Golden Currant, suggested Platte River Power Authority officials research the Fort Zed project and suggested zero energy districts are not feasible. Douglas Anderson, Colorado Herbal Remedies, 1630 South College Avenue, thanked staff and Council for work on the medical marijuana issue. Bruce Lockhart,2500 East Harmony Road,expressed concern regarding the COz Reduction Action Plan and a proposal to require fire sprinklers in new residential developments. Ray Smith, 1618 Sagewood Drive, spoke in favor of the ClimateWise program. Stacy Lynne, 216 Park Street, expressed concern regarding a proposal to require fire sprinklers in new residential developments and discussed Fort Collins' membership in ICLEI. Nina Jackson, 1311 Granite Canyon Road, Livermore, discussed the Maxwell Ranch wind farm proposal. Citizen Participation Follow-up Councilmember Ohlson requested an end to the discussion of requiring sprinklers in new single- family residential construction. He would like Council to be informed regarding the Maxwell Ranch wind farm project and stated he would likely not support the project. Councilmember Roy asked if the City intends to purchase power from the Maxwell Ranch wind farm. Steve Catanach,Light and Power Operations Manager,replied the City itself would be unable to purchase any energy produced by the wind farm as the sole provider of energy for Fort Collins is Platte River Power Authority(PRPA). Should the City desire to purchase that power,the contract would be between the wind farm and PRPA. City Manager Attebetry stated he would look into any possible published references to City support of the project. 363 July 20, 2010 Agenda Review City Manager Atteberry stated there were no changes to the published agenda. CONSENT CALENDAR 6. Postponement of Ordinance No. 057,2010,Appropriating Unanticipated Grant Revenue in the General Fund for the Coca-Cola and Angell's Delicatessen Sign Located on Mountain Avenue Indefinitely. On May 18,2010,Council unanimously adopted Ordinance No.057,2010,on First Reading. On June 15,Council approved a postponement ofthe Second Reading ofthis Ordinance until July 20, 2010. Council had requested additional information on the choices and methodology for restoration of the Coca-Cola and Angell's Delicatessen "Ghost" signs. Additional information has since been received from National Park Service conservators regarding the proposed sealant,Acryloid B72,raising questions about its appropriateness for this use; the author of Preservation Brief No. 25, "The Preservation of Historic Signs,"has changed his opinion on appropriate treatments since publication of the brief; and the stakeholders are not unified in-their choice of how the signs should ultimately be restored. Staff needs additional time to thoroughly investigate treatment methodologies and coordinate restoration options between the large numbers of stakeholders in this project. Staff requests postponement of the Second Reading of this ordinance until such time as staff has complete information to present to Council. 7. Second Reading of Ordinance No. 020, 2010 Amending Chapter 26 of the City Code Relating to Industrial Pretreatment Local Limits and Requirements. This Ordinance,unanimously adopted on First Reading on March 2,2010, amends the City Code to provide legal authority to implement and enforce revised Federal pretreatment regulations. The Ordinance also contains revised pollutant local limits applicable to industrial wastewater dischargers. The modifications and revised local limits were developed based upon Environmental Protection Agency(EPA) Region VIII requirements and guidance and were subject to EPA approval between the First and Second Reading of the Ordinance. Second Reading of the Ordinance was postponed to July 20,2010,in order to allow the EPA time to complete its review of the Ordinance and to allow for a 30-day public notice of the Ordinance. Staff notified industries affected by the Ordinance of the opportunity for comment, and a copy of the notice published in the Coloradoan was provided to industries that expressed an interest. The EPA did not receive any comments. The EPA review did not find any required or recommended changes needed to be made to the Ordinance. Final EPA approval was received on June 29, 2010. A change has been made to the Ordinance since adoption on First Reading. This change was negotiated with the EPA, and it updates the language of City Code Section 26-355 to bring 364 July 20, 2010 the enforcement language in that section in line with the process generally used to prosecute City Code violations. 8. Second 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. This Ordinance, unanimously adopted on First Reading on July 6, 2010, authorizes the conveyances of two easements consisting 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. 9. Second 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 of Fort 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 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. This Ordinance, unanimously adopted on First Reading on July 6, 2010, appropriates the grant funds. 10. Second 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. This Ordinance, unanimously adopted on First Reading on July 6, 2010, appropriates proceeds from successful asset seizure and forfeiture actions to be used for law enforcement purposes. 365 July 20, 2010 11. Second 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 ppropriated in the Police Services Operating Budd Ordinance No. 083, 2010, unanimously adopted on First Reading on July 6, 2010, appropriates a$21,574 grant that has been received from the Colorado Division of Criminal Justice Juvenile Diversion fund. The grant is to be used 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 other offenses committed by youth and young adults. 12. Second 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 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 Plan and the US 287/SH 14 Access Management Report. The City needs 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. This Ordinance, unanimously adopted on First Reading on July 6, 2010, authorizes the acquisition of the property interests by eminent domain proceedings, if necessary. 13. Second 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. 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. This Ordinance,unanimously adopted on First Reading on July 6, 2010, authorizes the use of eminent domain proceedings, if necessary. 366 July 20, 2010 14. Second 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. This Ordinance, unanimously adopted on First Reading on July 6, 2010, specifies the City will convey the property interests using a warranty deed. 15. First Reading of Ordinance No. 089, 2010, Appropriating Unanticipated Grant Revenue in the Light and Power Fund from the Colorado Governor's Energy Office New Energy Economic Development Program Funded under the American Recovery and Reinvestment Act. This Ordinance appropriates grant funds in the amount of$72,000, received from the State of Colorado Governor's Energy Office. The project funded by the grant will conduct a pilot implementation of the "Carbon City Sustainability Information Management System" (SIMS). This pilot project will strengthen already budgeted initiatives for home and business energy efficiency improvements in Fort Collins. 16. Resolution 2010-038 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide grants to fund community events. This resolution will adopt the recommendations from the Cultural Resources Board to disburse these funds. 17. Resolution 2010-039 Authorizingthe he City Manager to Execute the 2010 Grant Agreement for AIP 28 with the Federal Aviation Administration for Runway Improvements at the Fort Collins-Loveland Municipal Airport. This Resolution authorizes the City Manger to execute a grant from the Federal Aviation Administration (FAA) for the remaining amount of the $1million in Entitlement funds for 2010 ($500,000). These funds will be used for the capital project for runway rehabilitation this summer. 18. Resolution 2010-040 Authorizing the Lease of City-Owned Property at 812 North Shields Street for Up to Two Years. 367 July 20, 2010 The property at 812 North Shields was purchased in 2000 as part of the Operations Services Master Plan. The property has been leased since the time of purchase. This Resolution authorizes the lease of the property for up to two years. 19. Resolution 2010-041 Authorizing a Revocable Permit to the Board of Governors of the Colorado State University System for Installation of Electric Service Lines on City-Owned Property. Colorado State University is in the process of constructing a second addition to the Book Storage Building at 203 West Lake Street. CSU is asking Council to grant a revocable permit to allow CSU to provide electric service to the entirety of the Book Storage Building. 20. Resolution 2010-042 Authorizing an Intergovernmental Agreement With the Poudre School District for Email Services. The City of Fort Collins is collaborating with the Poudre School District (PSD) for the provision of City employee email services. Under this agreement, Poudre School District will host the City's email system, instead of the City MIS department operating the service in-house. This arrangement will benefit both Poixdre School District and the City of Fort Collins by reducing each agency's email costs. 21. Resolution 2010-043 Approving the Revised Carbon Monoxide Maintenance Plan Fort Collins Attainment/Maintenance Area and Directingthe he City's Representative to the North Front Range Metropolitan Planning Organization to Support the Same. Fort Collins violated the federal carbon monoxide health standard in the 1980s,with the last violation occurring in 1991. In 2003, a Carbon Monoxide (CO) Maintenance Plan was adopted by the U.S. Environmental Protection Agency (EPA) that identified federally- enforceable control measures to maintain compliance with the standard through 2015. Fort Collins carbon monoxide levels are now well below the federal health standard,largely due to the benefit of federal new motor vehicle emissions standards. However, as a routine matter,the federal Clean Air Act and the EPA require a revision to the Maintenance Plan to show continued attainment of the CO standard for a second ten-year term from 2015 through 2025. The Colorado Department of Public Health and Environment has prepared a draft Revised CO Maintenance Plan for Fort Collins covering the period from 2015 through 2025. The Revised Plan retains all the CO control measures identified in the original Maintenance Plan. This resolution indicates City Council approval of the Revised Plan and directs the City's representative to the North Front Range Metropolitan Organization to support the Revised Plan when it takes formal action on the Plan in August 2010. 22. Resolution 2010-044 Adopting the 2010-2014 Five-Year Strategic Plan(Consolidated Plan) Required by the U.S. Department of Housing and Urban Development. Resolution 2010-044 will adopt the 2010-2014 Five-Year Strategic Plan(Consolidated Plan) which is a document required by the Department of Housing and Urban Development 368 July 20, 2010 (HUD) in order for the City to remain eligible for federal grant programs, including the Community Development Block Grant (CDBG) Program and the Home Investment Partnerships(HOME)Program. The Consolidated Plan identifies affordable housing,public facility, and public service needs and service gaps, and defines a course of action for the community as to how anticipated funding is expected to be spent. 23. Resolution 2010-045 Adopting the 2010-2014 Affordable Housing Strategic Plan. This Resolution adopts the 2010-2014 Affordable Housing Strategic Plan and establishes new goals, objectives, implementation strategies, and policies for the City's affordable housing programs for the next five years. The Plan identifies the most critical affordable housing needs and establishes funding priorities to help guide decisions regarding the allocation of City financial resources through the competitive process. 24. Resolution 2010-046 Making Appointments to the Land Conservation and Stewardship Board and the Zoning Board of Appeals. This Resolution makes appointments to fill current vacancies on the Land Conservation Stewardship Board and the Zoning Board of Appeals. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 7. Second Reading of Ordinance No. 020, 2010 Amending Chapter 26 of the City Code Relating to Industrial Pretreatment Local Limits and Requirements. 8. Second 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. 9. Second 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. 10. Second Reading of Ordinance No. 082, 2010, Appropriating Prior Year Reserves in the General Fund from Police Seizure Activities for Police Services. 11. Second 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. 12. Second 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. 369 July 20, 2010 13. Second 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. 14. Second 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. 28. Second 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. 29. Second 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. Ordinances on First Reading were read by title by City Clerk Krajicek. 15. First Reading of Ordinance No. 089, 2010, Appropriating Unanticipated Grant Revenue in the Light and Power Fund from the Colorado Governor's Energy Office New Energy Economic Development Program Funded under the American Recovery and Reinvestment Act. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and approve all items on the Consent Calendar. Yeas: Hutchinson,Kottwitz,Manvel,Ohlson,Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Troxell expressed support for Item No. 20, Resolution 2010-042 Authorizing an Intergovernmental Agreement With the Poudre School District for Email Services, and asked if the City is exploring other types of cost-saving outsourcing. City Manager Atteberry replied this item will allow Poudre School District to provide the City's e-mail services and support. He stated he would reply in writing in terms of additional outsourcing opportunities. Staff Reports City Manager Atteberry stated a private citizen has donated $10,000 to the Police Services Patrol Division in honor of Officer Shane Kundall in appreciation and recognition of the values and commitment he and other officers exhibit in Fort Collins. 370 July 20, 2010 Marty Heffernan, Director of Culture, Parks, Recreation, and Environment, discussed the 251h anniversary of the opening of The Farm at Lee Martinez Park. He acknowledged Peggy Bowers, and Bridgette Brownell, Recreation Managers. Councilmember Reports Councilmember Manvel discussed the Innovation Summit hosted by Betsy Markey. Councilmember Troxell asked for clarification regarding grandfathering of Medical Marijuana businesses. City Attorney Roy replied staff will present an action item for Council on August 17th. At this point, that recommendation is to postpone the grandfathering decision until better information is collected regarding existing businesses meeting City and state requirements. That information may not be completely known for up to another year with regard to state requirements. The fact that businesses have a provisional license to operate in Fort Collins is no guarantee that they will ultimately be able to continue operations under either the local or state laws. 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, Adopted on Second Reading The following is staff s memorandum for this item. "EXECUTIVE SUMMARY "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. This Ordinance, adopted on July 6, 2010, by a vote of 5-1 (Nays: Kottwitz), appropriates the funding for this project. " Jon Haukaas, Water Engineering Field Services Manager, stated the Water Utility portion of the AMI project will replace about 33,700 water meters throughout the City with a total project cost of $4 million. $2 million is being requested from currently available capital appropriations for water meter infrastructure. Savings components include water meter readers' wages and benefits, the ability to calculate for all water used, the ability to identify leaks within the system, and the ability to better identify theft. This item will also result in increased costs for IT staffing. The Water Fund 371 July 20, 2010 Reserves were at approximately$66 million at the end of 2009. Policies mandate that level stay at around $43 million. Eric Sutherland, 3520 Golden Currant, expressed concern that erroneous information has been presented regarding the functionality of the new water meters. Stacy Lynne, 216 Park Street, asked how many individuals are stealing Fort Collins water, how many additional IT staff members will be hired, and how many current meter readers will lose their jobs. Roger McCarville, asked for the amount in the Water Reserve Fund and expressed concern that the amount may be too high. Councilmember Ohlson noted the City is mandated to keep $43 million of the $66 million in the Water Reserve Fund. Haukaas stated the Reserve Fund level mandate is a City policy reflecting two years of revenue and is reserved for planned and approved projects. Councilmember Ohlson asked for information regarding meter reader positions and water theft. Catanach replied water and electricity theft is detected occasionally and accurate detailed information would be difficult to provide. City Manager Atteberry stated some meter reader positions will be eliminated and asked for clarification on exact numbers. Catanach replied 3/4 to one full-time IT employee will be added and twelve meter reader positions will be eliminated. He noted education and career-improvement opportunities have been provided for those employees. Mayor Hutchinson noted the City cannot make money on the Utilities Enterprises, and the Utilities Enterprises cannot lose money. Councilmember Troxell asked for information regarding specifications required for water meters and their calibration. Haukaas replied water meters decrease in accuracy over time, particularly after 10 years, or 1 million gallons, of use and losses add up quickly at that point. Fort Collins- Loveland Water District has a fully operational AMI system with the exact meters as those proposed for the City. Councilmember Troxell noted approximately 1/3 of Fort Collins residents are serviced by the Fort Collins-Loveland Water District. Councilmember Roy made a motion,seconded by Councilmember Manvel,to adopt Ordinance No. 084, 2010, on Second Reading. Councilmember Kottwitz asked that future items involving extensive expenditures and potential reductions in force be placed on the discussion agenda. She stated she would not support the motion. Councilmember Troxell asked that comparative data be acquired from Fort Collins-Loveland Water District. He stated he would support the motion. 372 July 20, 2010 The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy 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 Second Reading The following is staff s memorandum for this item. "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. This Ordinance, adopted on First Reading on July 6, 2010 by a vote of 4-2(Nays:Kottwitz, Troxell) will exempt the parcel from the Land Use Code requirement that all owners of recorded fee interests in the Facility property sign the plat so that the project can continue upon its planned schedule and avoid negative impacts to the project budget. The Ordinance authorizes 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. Staff will proceed with the quiet title action (based on adverse possession) to obtain record ownership of the parcel. " Helen Matson, Real Estate Services Manager,discussed the parcel of land under consideration and its effect on the Discovery Museum project. Councilmember Troxell noted the First Reading of this item was on the Consent Calendar and asked if the original owner of record had been identified since that time. Matson replied the owner of record, per a title commitment dating back to 1877, is the only available information. Therefore, since the City has used the land for the past 66 years, staff believes the land belongs to the City via adverse possession. Councilmember Troxell asked about the process for a private land owner in a similar situation. City Attorney Roy replied a private land owner would have to produce evidence of record title before the plan would be allowed to proceed. The private party would be able to go through the same quiet. title action process but the City has the ability to acquire the parcel through eminent domain, should that become necessary. Council would also have the option to amend the Land Use Code to give private parties the ability to cure record title defects. Councilmember Troxell expressed concern the City is being treated differently than would a private party in a similar situation. 373 July 20, 2010 Councilmember Manvel made a motion, seconded by Councilmember Poppaw to adopt Ordinance No. 088, 2010, on Second Reading. Councilmember Manvel agreed with Councilmember Troxell that the City is granting itself a privilege. However, it is saving money and, should an owner of record or his heir appear, the City would likely pay full market value for the property rather than use eminent domain. He stated he would support the motion. Councilmember Troxell stated he would not support the motion though he is fully in support of the Discovery Museum. The fact that private parties do not have this same option is inequitable. Councilmember Kottwitz expressed support for the Discovery Museum but stated she would not support the motion as government should not be held to different standards than private industry. Councilmember Troxell asked about the size of the 0.22 acre parcel. Matson replied it is approximately 197 feet by 50 feet, containing 9,000 square feet. Councilmember Troxell asked if the property has any record of use prior to being contained within City property. Matson replied there has been no other use for at least 66 years. Mayor Hutchinson stated eminent domain powers are given to the City for use to further public good and Fort Collins has no history of abusing those powers. The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw and Roy. Nays: Kottwitz and Troxell. THE MOTION CARRIED. Other Business Councilmember Ohlson asked for Councilmembers' opinions regarding the proposal to require new single-family residences to have fire sprinkler systems and suggested the item not be pursued if Council support does not exist. Councilmember Manvel stated any data gathered now in terms of cost savings versus expenditures may not be accurate in 2013 when the requirement would go into effect and agreed that staff time may be better spent on other items. Councilmember Kottwitz agreed with Councilmember Ohlson. Councilmember Troxell agreed with Councilmember Ohlson. Mayor Hutchinson asked that Council have the ability to take formal action on the item. 374 July 20, 2010 Cancellation of August 3, 2010 Regular Council Meeting Councilmember Manvel made a motion, seconded by Councilmember Roy, to cancel the regular Council meeting of August 3, 2010. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Manvel stated his intention to make a motion, following Executive Session, to adjourn to July 27, 2010, in order to consider a tax proposal for the November ballot. Executive Session Authorized Councilmember Ohlson made a motion,seconded by Councilmember Manvel,to go into executive session as permitted under Section 2-31(a)(2) and (3) of the City Code, to meet with attorneys for the City, as well as the City Manager and other affected members of City staff, to discuss the possible disposition of real property interests that would allow for the extraction of mineral rights from certain City-owned properties, as well as related legal issues. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. ("Secretary's note: Council went into executive session at this time and reconvened at 9:15 p.m.) Councilmember Ohlson withdrew from the discussion of adjournment to July 27, 2010, due to a potential conflict of interest. Meeting Adjourned Councilmember Manvel made a motion, seconded by Councilmember Roy,to adjourn to 6:00 p.m. on July 27,2010,for the purpose of considering a resolution placing a proposed increase in the City sales and use tax rate on the November ballot. Gary Thomas, 757 Cherokee Drive, encouraged Council to adjourn to July 27, 2010, in order to allow citizens as much time as possible to consider possible tax increase implications. Mayor Hutchinson noted a possible tax increase proposal has been discussed within the City for some time. Councilmember Manvel noted the need for this special meeting is due to calendar conflicts and allows more time for citizens to consider the item. Councilmember Kottwitz stated she would support the motion as the next regular meeting scheduled for August 17,2010,is the final day for setting ballot language. Holding an adjourned meeting will allow time for discussion. 375 July 20, 2010 Councilmember Troxell stated he would support the motion. Mayor Hutchinson stated Council will be considering a resolution that proposes a sales tax increase that is lower than originally discussed and proposes a 10-year sunset provision as well as a requirement that the City Manager shall annually report to the Council on the purposes for which the revenues were used. The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Poppaw, Roy and Troxell. Nays:.none. THE MOTION CARRIED. Adjournment The meeting adjourned at 9:25 p.m. Mayor ATTEST: City Clerk 376 July 27, 2010 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 27,2010, 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: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell . Staff Members Present: Atteberry, Krajicek, Roy. Resolution 2010-047 Submitting to.the Registered Electors of the City a Proposed .85% Increase in the City's Sales and Use Tax Rate on All Non-exempt Taxable Items, to Be Used for Certain Specified Purposes, Adopted The following is staff s memorandum for this item. "EXECUTIVE SUMMARY This Resolution places a proposed sales and use tax increase before the voters at a Special Municipal Election to be held in conjunction with the November 2, 2010 Larimer County General Election. Proceeds of the tax would be used to fund basic City services and provide for the health and safety of the community. The proposed tax increase includes the following provisions: • An increase of.85% (or 8.5 cents on a $10 purchase) • The additional revenue would be allocated in the following manner: 0 33%for street maintenance and repair 0 17%for other street and transportation needs 0 1 i%for police services 0 17%for fire services 0 11%for parks maintenance and recreation services; and 0 11%for other community priorities as determined by City Council. • The increase would commence January 1, 2011 and sunset after 10 years, ending at midnight on December 31, 2020. • The increase would yield an estimated$18.9 million in the first full year of collection Additionally, the ballot language requires the City Manager to report annually to City Council on how the revenues are used and the cost saving measures that were undertaken by the City each year. 377 July 27, 2010 On July 6, 2010, City Council adopted Ordinance No. 080, 2010, calling a special election to be in conjunction with the November 2, 2010 Larimer County General Election. The purpose of the Special Election was to preserve the opportunity to place this ballot measure before voters. BACKGROUND At the City Council work session held on March 23, 2010, staff presented information about pressing, unfunded needs in street maintenance, police,fire, parks and recreation. City Council feedback was to proceed with a community dialogue about Resourcing Our Future. The dialogue was structured around three key questions: • How should the community address the pressing, unfunded needs in street maintenance, . police,fire,parks and recreation? • Do we cut more services? If so, which ones? • Do we add more resources? If so, which option? Staff originally recommended a 1% increase to meet the pressing and long term needs in street maintenance, fire, police, parks and recreation. Additional resources are needed to maintain current services and make limited high priority improvements. City Council and staffspent several months engaging the community in a dialogue about how to address these unfunded needs. During a series of community meetings and other input opportunities, the following themes emerged: • People want to be engaged in choices about our city's future, and want the opportunity to vote on any proposed tax increase. • People want accountability for the increased revenue, and feel it should be dedicated to specific purposes. • People would be more likely to support an increase less than 1%. • People felt the increase should sunset rather than continue in perpetuity. • People expect their local government to continue to seek efficiencies and trim expenses where possible. Since 2005, the City has cut approximately$24 million ofplanned or existing expenses, eliminating lower priority services and aggressively pursuing ways to make local government more efficient. (See Attachment 1) The City has eliminated more than 150 jobs, aligned employee salaries and benefits with the market, and made all City expenses easily visible and transparent to the public at fcgov.com/openbook. At the same time, the City is supporting job creation, working to retain,grow and attract new business and retail, and fostering overall economic health. FUNDING NEEDS Staff has identified and thoroughly documented information about the immediate needs for additional resources in four key areas of local government. • STREET MAINTENANCE 378 July 27, 2010 Additional resources are needed to maintain streets,fill potholes and make basic repairs. The need for street maintenance to maintain current pavement quality is approximately$6.S million annually above the 2010 adopted budget level of$7.1 million. This cost does not include resources to meet other pressing transportation needs, such as bridge repair and replacement; new roads, interchanges and other capital improvements; improvements in safety at school zones; neighborhood traffic calming;new bike lanes and sidewalks;and transit service. These needs total millions of dollars per year, with a significant additional backlog of capital needs and aging infrastructure maintenance for all transportation services. Impact to community: • Overall pavement conditions are deteriorating; more potholes are prevalent and structural roadway concerns will soon begin to show. Funding for street maintenance was reduced by more than $2 million in 2010. • As conditions continue to deteriorate due to delayed maintenance, replacement and repair costs become significantly more expensive. This proposed tax increase would provide approximately $9.4 million of new revenue in the first year to address these needs and other transportation capital and operational needs. 33% ($6.2 million)of the total revenue would be dedicated to street maintenance and repair, while the another 17% ($3.2 million) would be allocated to other street and transportation needs such as bridges, capital improvements,pedestrian and bike facilities, transit services and traffic calming projects. • POLICE SER VICES Additional resources are needed for City Police Services to maintain current levels of service and make minimal enhancements. An additional 33 officers and 15 civilians are needed to provide the level of service expected by the community. The need is approximately $4.6 million per year. A comprehensive Police Staffing study, originally conducted in 2007 and updated in 2009, indicates that Fort Collins needs these additional officers and civilian personnel to provide the services our community needs and expects. The study is based on inputfrom local focus groups, a special citizen committee and a data-driven assessment of then current conditions. Impact to community: • Capacity for response to non-emergent crimes (e.g., car break-ins)and proactive problem- solving continues to deteriorate • Difficult to maintain appropriate staffing levels for basic police protection and dispatch • New resources are needed to maintain existing services levels and make minimum improvements in these areas: o More neighborhood patrolling 0 Increased traffic patrol 379 July 27, 2010 0 More party and noise enforcement o Safer Downtown during day and evening This proposed tax increase would provide approximately$3.2 million of new revenue beginning in the first year to address these needs. • POUDRE FIRE AUTHORITY Additional resources for Poudre Fire Authority are needed to serve growing demands in south Fort Collins, as well as enhanced Emergency Management. The need is approximately$3.2 million per year. Impact to community: • Additional funds will be used to maintain appropriate staffing and make limited improvements o Reduced response times to emergencies o Improved emergency scene management to better protect citizens, businesses and property o Help to maintain Insurance Services Office (ISO) ratings, which in turn helps to minimize insurance costs for residents and businesses. The ISO recently reduced PFA 's rating from a 3 to a 4 (1 = best, 10 = worst) based largely on staffing and apparatus levels. o Increased ability to respond to simultaneous alarms o Increasedpreparedness, mitigation, response and recoveryfor emergencies, threats and disasters o Improved firefighter safety through better safety oversight and emergency coordination This proposed tax increase would provide approximately$2.1 million of new revenue beginning in the first year to address these needs. • PARKS AND RECREATION Additional resources are needed for parks maintenance and to preserve recreation services. The need is over$2 million per year ($1 million for parks maintenance and$1 million for recreation). Impact to community: • Because of ongoing cuts to Park Maintenance funds, City parks are beginning to deteriorate; additional resources are needed to keep the parks clean and well maintained (e.g., replacing play equipment, keeping parks litter free, weed control). • The City is currently using$900,000 of reserves to fund Recreation programs and services, which if continued, will run out in 2013. If General Fund support for Recreation is not 380 July 27, 2010 restored, service levels will be severely impacted. Either a major facility, like the Senior Center, the NorthsideAztlan Community Center, or Edora Pool Ice Center, (EPIC)will need to close entirely, or staffing and programming will need to be drastically cut and hours of operation at facilities dramatically reduced. Cuts would be made to the programs that receive the greatest General Fund support. This proposed tax increase would provide approximately$2.1 million of new revenue beginning in the first year to address these needs. The balance of the revenue after allocations are made to Transportation, Fire, Police, Parks and Recreation will be allocated to other high priority City needs identified by City Council in the annual budget process. This remaining revenue would provide approximately$2.1 million of new resources in the first year. TIMELINE: If this Resolution is approved by City Council, the following key milestones will include: • July 27- Council considers Resolution to submit measure to the ballot with final ballot language • September 3 - City certifies ballot language to Larimer County • October 1 - TABOR notice mailed to voters detailing ballot language • October 4 - Voter registration deadline • October 12 (approximately) -First date ballots will be mailed • November 2 -Election Day" Councilmember Ohlson withdrew from the discussion of this item due to a potential conflict of interest. Mayor Hutchinson discussed the evolution of this item and noted there are five major changes from the original proposal: (1)the tax amount is less than 1%,(2)it is specific regarding how the revenue will be spent, (3) funding for transportation will account for 50% of the increase; (4) the tax will sunset after 10 years, and(5)the City Manager will report annually regarding revenue expenditures and City cost savings measures. The proposed tax will be voted upon in November. City Manager Atteberry stated the City's revenue is not keeping pace with demand for services. Since 2005, the City has implemented changes to make Fort Collins government more efficient, more transparent,and more accountable. Nearly$24 million of planned and existing expenses have been cut since the 2006 budget, and more than 150 City jobs have been eliminated. Community feedback showed voters want a choice relating to the increased tax, and citizens want continued 381 July 27, 2010 accountability in local government. Citizens also suggested a tax lower than 1%, possibly with a sunset provision. The proposed ballot language is for a sales and use tax increase of 0.85% with 33% of the revenue going to street maintenance and repair, 17% to other street and transportation needs, 17% to police services, 11% to fire protection and other emergency services, and 11% to other community priorities as determined by Council. The tax will sunset after 10 years. The tax will generate approximately$18.9 million in 2011 with an annual impact to the average household of approximately$9.35 per month, or $112 per year. City Manager Atteberry discussed key dates for the item moving forward. David May, Fort Collins Area Chamber of Commerce President, thanked Council for being good stewards of taxpayer dollars and suggested the proposed tax increase should be 0.75%or lower with more of a focus on job creation. He suggested the Use Tax should eventually be eliminated and asked for specifics regarding the revenue allotted for other community priorities. Gary Thomas,Transportation Board Chairman,suggested the item be placed on the ballot for a vote of Fort Collins citizens. Dana Ortiz, Jessica McMillan, Shirley Christian, and Rob Kagan, Parks and Recreation Boardmembers, stated the Parks and Recreation Board voted unanimously to recommend placing the sales tax measure on the ballot. Edmund Robert, 4923 Linden Ridge Drive, supported the sales tax measure and asked for clarification regarding the revenue allotted for other community priorities. Nina Bodenhamer, 1001 Belvedere Court, supported the sales tax measure and its placement on the November ballot. Dan Gould,Bicycle Advisory Committee member,623 West Mountain Avenue,supported the sales tax measure and its placement on the November ballot. Jon McKeon, Poudre Fire Authority firefighter, 2300 Stonegate Drive, supported the sales tax measure and its placement on the November ballot. Dave Edwards,218 West Magnolia Street,supported the sales tax measure and its placement on the November ballot. Gary Stein, Fort Collins resident, supported the sales tax measure and its placement on the November ballot. Gary Wockner, 516 North Grant, supported the sales tax measure and its placement on the November ballot. Mike Bell, 2309 Sunstone Drive, suggested the proposal may not be a sustainable solution. He suggested instituting a Transportation Utility Fee. 382 July 27, 2010 Ryan Keiffer, 215 West Oak Street, supported the sales tax measure, including the I I% allotment for other community priorities, and its placement on the November ballot. Lloyd Walker, 1756 Concord Drive, supported the sales tax measure, including the 11% allotment for other community priorities, and its placement on the November ballot. Eric Sutherland, 3520 Golden Currant, did not support the inclusion of the 11%allotment for other community priorities and expressed concern about revenue expenditure accountability. Roger McCarville,Arvada resident, expressed concern that the$66 million Water Reserve Fund is too high. Stacy Lynne,216 Park Street,asked for examples of other street and transportation needs,why sales tax revenue from visitors is down, why driving lanes were removed from Laurel Street, and for specific examples of other community priorities. Doug Brobst, 1625 Independence Road, supported the sales tax measure, including the II% allotment for other community priorities, and its placement on the November ballot. Bruce Lockhart, 2500 East Harmony Road, did not support the sales tax measure. Councilmember Kottwitz asked if the sunset provision would fully expire the tax in 10 years or if Council would have the opportunity to continue the tax. City Manager Atteberry replied it will expire in 10 years and continuation of the tax would need to be submitted to the voters. Councilmember Kottwitz asked about the origin ofthe 11%allotment to other community priorities. Mayor Hutchinson replied that allotment could be used for economic health or restoring reserves. He stated a resolution could be brought before Council regarding laying out details for this 11% category. Councilmember Kottwitz clarified the 11%designated for other community priorities could be used for anything other than the other specified items listed in the ballot language. City Manager Atteberry stated those revenues will be spent on items approved by future City Councils. City Manager Atteberry noted that Police Services and Poudre Fire Authority budgets have actually increased as other departments, such as Parks and Recreation and Transportation, have decreased. Councilmember Troxell asked why the proposed sales tax increase was changed from 1%to 0.85%. City Manager Atteberry replied the original recommendation was based on the overall needs of the City organization; however, community feedback has shown dissatisfaction with that much of an increase. 383 July 27, 2010 Councilmember Troxell asked how the City Manager's annual report would be presented. City Manager Atteberry replied he is legally bound to illustrate exactly where revenues are being spent. The City Manager will report on incremental services the community gets as a result of those expenditures. The reports will include information regarding expenditures as well as information regarding continuing efficiencies. Councilmember Troxell expressed concern that there is a negative impact regarding increased taxes and asked for an analysis of those impacts. Mike Freeman, Chief Financial Officer, replied there is a large variety of tax rates in Front Range municipalities, including some Public Improvement Fees in the metro Denver area of more than 4%. Data suggests there is not a great deal of impact with the exception of very large purchases,such as automobiles. A Transportation Maintenance Fee would have had a much more negative effect on Fort Collins' competitive position. Mayor Hutchinson noted Fort Collins'quality of life is consistently discussed among employees and business owners and has a very positive impact on business activity and economic health. Freeman added Poudre School District and Colorado State University also bring business activity to Fort Collins. Councilmember Manvel noted the only two Front Range cities with lower sales taxes than Fort Collins are Colorado Springs and Loveland. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution 2010-047. Councilmember Manvel stated there has been a 22% decrease since 2005 in the amount of money going to City coffers from Fort Collins residents. He discussed the need for the increased tax revenue in terms of maintaining Fort Collins' quality of life. Councilmember Troxell made a motion,seconded by Councilmember Kottwitz to amend the ballot language to decrease the 3.85% effective sales tax rate to 3.5% and designate the I I% slated for other community priorities to economic health and to offset use taxes. Additionally, 0.5% of the City's budget would be reallocated through the budgeting process to fill the original 1% increase need. Councilmember Troxell clarified his proposal would provide the ability to reallocate funds from low priority to high priority City programs. Councilmember Manvel clarified Councilmember Troxell's proposal would fully fund City Manager Atteberry's original 1%proposal by increasing the sales tax rate 0.5% and reallocating 0.5%. The reallocations would come out of the approximately$50 million in City funds that are not part of the priority areas outlined in the tax. Councilmember Manvel stated the City does prioritize through the Budgeting for Outcomes process and many cuts have been made using this process. He asked for examples of budget cuts 384 July 27, 2010 Councilmember Troxell would like to see. Councilmember Troxell suggested cutting the food budget for City Council meetings and making Transfort more efficient. Mayor Hutchinson stated Budgeting for Outcomes is a prioritization process in that it focuses the budget on seven outcomes used throughout City policy. Councilmember Kottwitz asked how Councilmember Troxell's amendment would change the 11% category for other community priorities. Councilmember Troxell replied the amount would be designated for economic health and to offset use tax to create more incentive for private business investment and infrastructure. Mayor Hutchinson asked for clarification regarding Councilmember Troxell's statement that low priority items are not part of the budget. City Manager Atteberry replied Budgeting for Outcomes is a high-level prioritization process. Freeman replied the General Fund is approximately $100 million out of a$380 million total budget. City Manager Atteberry stated the Budgeting for Outcomes tool is the best of its kind for prioritizing budgets and Councilmember Troxell has encouraged further prioritization which will be provided as part of the Budgeting for Outcomes process improvements. Councilmember Manvel stated he would not support the amendment as it is unclear from where the $10 million in cuts would originate. Mayor Hutchinson asked if$10 million exists to be reallocated. City Manager Atteberry replied the $10 million would be future reductions and efficiencies. Councilmember Troxell replied his amendment would take lower priorities through a process and place them with the higher priorities. Freeman asked if Councilmember Troxell would propose reallocating any of the$10 million from services that are already considered priority. Councilmember Troxell replied he would be silent on that issue and let proposals come in as they may. Freeman stated, assuming those reallocations do not come from the priority service areas, one possible area for reallocation includes the General Fund contribution to Transfort. Currently, approximately half of the General Fund budget goes into safety, police and fire only. Parks and Recreation and Transportation currently receive approximately$10 million each from General Fund, or about 20% of the General Fund budget total. The remainder of the General Fund budget is allocated as follows: environmental health:,1%; economic health, 7%; and general City operations, 21%. Assuming no cuts from priority service areas included in the General Fund budget, approximately$30 million remains from which to reallocate $10 million. Councilmember Troxell asked what types of cuts would need to be made should the 0.85% tax increase not be approved by voters. City Manager Atteberry replied the City would experience between$3.5 and$5 million in cuts in 2011-2012. An appropriate level of street maintenance, for example, would be nearly impossible to fund. Additions to the police and fire budgets would not be possible and current levels of funding may not be able to be maintained. 385 July 27, 2010 Councilmember Troxell stated his amendment proposal of a 0.5%tax rate increase may have a more likely chance of being approved by voters. Mayor Hutchinson reiterated Councilmember Troxell's motion to amend and discussed the cuts previously made to the budget and the need for the additional revenue. The vote on the motion to amend was as follows: Yeas: Kottwitz and Troxell. Nays: Hutchinson, Manvel, Poppaw and Roy. THE MOTION FAILED. Councilmember Kottwitz made a motion, seconded by Councilmember Troxell, to eliminate the 11% other community priorities section from the proposal. Councilmember Manvel stated his commitment to maintenance of effort in all areas; therefore, he stated he would not allot any budget revenue toward areas other than the five high priority areas and encouraged keeping the other community priority funding included. Councilmember Kottwitz stated priority needs to be placed on the major high priority areas including police, fire and transportation. Councilmember Manvel asked if Councilmember Kottwitz would vote to place a 0.75%tax increase on the ballot. Councilmember Kottwitz replied she would prefer to see the tax increase proposal at 0.5%. Councilmember Troxell expressed agreement with Councilmember Kottwitz. Councilmember Kottwitz stated the 11% allotment for other community priorities may be seen as excessive and should not be included in the proposal. Councilmember Manvel noted citizens, per input in Plan Fort Collins, do not want the level of service for police or fire to decrease and want to increase the transportation budget to meet goals. The vast majority of respondents supported enhancing recreation programs and facilities. Mayor Hutchinson stated he would not support eliminating the 11%allotment for other community priorities. Councilmember Troxell stated the reason for having the adjourned meeting was to allow Council discussion. Mayor Hutchinson stated decreasing the proposed tax increase to 0.5% would necessitate eliminating funding for one of the main priority categories. Councilmember Roy stated he would not support a 0.75% tax increase proposal. 386 Duty 27, 2010 Mayor Hutchinson reiterated the motion to amend which would eliminate the 11%category for other community priorities from the proposed tax increase. City Attorney Roy clarified the overall tax increase proposal would then be for 0.75%with the full proceeds being divided proportionally with each of the other priority groups increased accordingly. The vote on the motion to amend Resolution 2010-047 was as follows: Yeas: Kottwitz. Nays: Hutchinson, Manvel, Poppaw, Roy and Troxell. THE MOTION FAILED. Councilmember Troxell made a motion, seconded by Councilmember Kottwitz, to reduce the tax increase proposal from 0.85% to 0.5%. Councilmember Troxell stated his motion necessitates and implies reallocation. He stated his intention is to fund priority City services to their full level. Councilmember Manvel stated there is no reason to think priorities would change from the last Budgeting for Outcomes cycle. Councilmember Kottwitz stated she would not support the motion as it would still include the 11% category for other community priorities. Mayor Hutchinson stated he would not support the motion. The vote on the motion to amend was as follows: Yeas: Troxell. Nays: Hutchinson, Kottwitz, Manvel, Poppaw and Roy. THE MOTION FAILED. Councilmember Roy stated Budgeting for Outcomes has resulted in $24 million in cuts and each budget cycle results in stark choices. He thanked City Manager Atteberry, City staff, and citizens. Councilmember Poppaw noted Council would be placing this tax increase proposal before the voters and stated the 11% allotment for other community priorities is allowing for fundamental economic health. She stated voters should consider the negative economic health implications of voting against the tax proposal. Councilmember Troxell stated he supports putting the item on the ballot and proposed amendments in an attempt to put forth the best package that would meet City needs and receive voter approval. He stated he would not support the motion. Councilmember Kottwitz stated, though it is apparent the City needs increased revenues, she is unsure an increased tax is the correct means of gaining that revenue. She expressed concern that 387 July 27, 2010 citizens may be overburdened by the additional tax. She stated she would not support the motion as it is a temporary fix for a permanent problem. Councilmember Manvel stated voting against this item would not allow voters a choice. He stated 66% of citizen respondents stated they would support increasing taxes or fees to maintain or make limited improvements to City services. He stated approving the tax would provide for the services and level of municipal pride to which Fort Collins citizens are accustomed. Mayor Hutchinson stated the measure should withstand public scrutiny as the process has been methodical and thoughtful and has a solid foundation. He stated he would support the motion. The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Poppaw and Roy. Nays: Kottwitz and Troxell. THE MOTION CARRIED. ("Secretary's note: The Council took a brief recess at this point in the meeting.) Other Business Mayor Hutchinson stated Council should consider giving direction to staff to present a resolution characterizing the types of items which would be funded by the 11%category for other community priorities. Adjournment The meeting was adjourned at 9:25 p.m. Mayor ATTEST: City Clerk 388