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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/07/2014 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE DAgenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes of the December 17, 2013 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the December 17, 2013 Regular Council meeting. ATTACHMENTS 1. December 17, 2013 minutes (PDF) December 17, 2013 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, December 17, 2013, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell and Weitkunat. Staff Members Present: Atteberry, Nelson, Roy. Agenda Review City Manager Atteberry announced Transfort received the 2013 Large Transit System of the Year by the Colorado Association of Transit Agencies and commended the service. City Manager Atteberry stated Item No. 23, Resolution 2013-108 Accepting Advisory Opinion and Recommendation No. 2013-04 of the Ethics Review Board, has been removed from the agenda. Additionally, Item Nos. 24-27 relating to the Mall redevelopment have been postponed to an adjourned meeting on January 14, 2014, as has the related Urban Renewal Authority meeting. He also stated Resolution 2013-112 Making an Appointment to the Economic Advisory Commission is now discussion item No. 29. Citizen Participation Eric Sutherland, 3520 Golden Currant, opposed letters sent to Fort Collins residents warning of electric and water shut-offs related to new meters. Cheryl Distaso, Fort Collins Community Action Network, thanked Josh Birks for providing information related to the Mall business assistance package, thanked the Bicycle Office for providing free bike lights, and asked about the placement of the standard operating procedures relating to Police body-worn cameras on the City’s website. Additionally, she requested the postponement of the Police Chief’s meeting regarding the topic until after CSU students return from winter break. Ms. Distaso also discussed the mosquito spraying issue. Tatiana Martin, Fort Collins resident, supported the release of the current covenant relating to the property at 405 Linden Street and thanked Council for its support of affordable housing in the community. December 17, 2013 450 Citizen Participation Follow-up Mayor Pro Tem Horak requested staff input regarding the mosquito spraying issue. City Manager Atteberry replied the concerns have been heard. Dan Weinheimer, Policy and Project Manager, replied the first meeting of the Technical Advisory Committee has been held and four more meetings are scheduled prior to the presentation of a recommendation to Council at the March 18 Council meeting. City Manager Atteberry noted the next meeting will not be held until additional committee members are in place. Councilmember Cunniff requested information regarding the placement of the body-worn camera standard operating procedures on the website. City Manager Atteberry replied Chief Hutto has rescheduled the meeting date for the end of the month and stated the standard operating procedures should be placed on the website soon, assuming Chief Hutto does not find any reason they should not be made public. Councilmember Cunniff requested information regarding Mr. Sutherland’s accusation that Campus Crest is profiteering on its electric rates. City Manager Atteberry replied Mr. Sutherland has suggested his comments were disregarded by staff and he took exception to Mr. Sutherland’s use of the word “bullying.” He noted he has followed up with staff and has called Mr. Sutherland personally to let him know his concerns were heard and the item will be coming before Council. Steve Catanach, Light and Power Operations Manager, replied the City’s Code has a provision on master metering that prevents anyone from marking up the sale of electricity. The cost is allowed to be included in rent, but electricity cannot be resold. He added staff will further investigate the specific project. Councilmember Cunniff requested information regarding the potential adjustment to building codes to require appliances that may work better with AMI infrastructure. Catanach replied his staff has just sent a contract for its demand response program, part of which will involve work with apartment managers to install equipment in apartments. Councilmember Troxell noted developments are getting the AMI meters as part of their metering infrastructure. City Manager Atteberry stated the meeting regarding body-worn cameras was originally scheduled for January 9, but has been rescheduled to Thursday, January 30 in the Coloradoan Community Room at 7:00 p.m. CONSENT CALENDAR 1. Consideration and Approval of the Minutes of the November 19 and December 3, 2013 Regular Council Meetings and the November 12 and November 26, 2013 Adjourned Meetings. December 17, 2013 451 The purpose of this item is to approve the minutes from the November 19 and December 3, 2013 Regular Council meetings and the November 12 and November 26, 2013 Adjourned meetings. 2. Second Reading of Ordinance No. 167, 2013, Appropriating Prior Year Reserves in the Conservation Trust Fund and Authorizing the Transfer of Appropriations to the Capital Projects Fund. Only funds received from the State of Colorado lottery proceeds can be deposited in and expensed from the Conservation Trust Fund. Grants, contributions and interest earnings tied to these revenues cannot be commingled with the lottery proceeds. This Ordinance, unanimously adopted on First Reading on December 3, 2013, transfers the interest earnings, grants, and contributions from existing projects in the Conservation Trust Fund into projects in the Capital Projects Fund. $13,808 of prior year reserves in the Conservation Trust Fund will be appropriated for transfer to the Capital Projects Fund, and $1,084,261 of existing appropriations will be transferred from Conservation Trust Fund projects to projects in the Capital Projects Fund. 3. Second Reading of Ordinance No. 168, 2013, Appropriating Unanticipated Revenue in the Emergency Recovery Fund to be Used for the "Larimer County Flood of 2013" Costs and Repair Projects. This Ordinance, unanimously adopted on First Reading on December 3, 2013, appropriates $1,118,000 for the costs associated with the flood that occurred in September 2013. Of that total, $1,012,000 is for the incremental costs that are eligible under the Federal Emergency Management Agency’s (FEMA) Public Assistance Program. In general, FEMA reimburses about 75% of eligible costs. The State of Colorado has agreed to cover half of the portion not paid by FEMA. The other $106,000 is for City assistance provided to Estes Park. They will reimburse the City 100% and seek reimbursement from FEMA for up to 75%. 4. Second Reading of Ordinance No. 169, 2013, Appropriating Prior Year Reserves in the General Employees Retirement Plan. This Ordinance, unanimously adopted on First Reading on December 3, 2013, approves additional spending in the General Employee Retirement Trust Fund. At the time of retirement, qualified persons have the option to elect monthly payments or one-time cash out. Using historical data, the actuary estimates that 30% of future retirees will elect a single-sum payout. The 2013 budget made the same assumption. Retirees electing cash outs this year have exceeded the assumed election rate. 5. Second Reading of Ordinance No. 170, 2013, Amending Chapter 25, Article III of the City Code Concerning Sales and Use Tax. This Ordinance, unanimously adopted on First Reading on December 3, 2013, amends the City Code to limit the option for vendors to file consolidated sales and use tax returns for multiple locations. December 17, 2013 452 6. Second Reading of Ordinance No. 171, 2013, Amending Article III of Chapter 26 of the City Code to Eliminate Water Rights Banking by the City's Water Utility. This Ordinance, unanimously adopted on First Reading on December 3, 2013, amends City Code to discontinue the practice of water right banking. In order to meet the water needs of new development or redevelopment within the Water Utility service area, developers are assessed a Raw Water Requirement (RWR). Current City Code allows water rights to be submitted to the Water Utility even when no water service permit is needed, in exchange for credit that can be used for later satisfaction of the RWR. Although this banking practice was helpful in the past, it is less helpful now and makes managing these water rights difficult. The proposed City Code changes discontinue the practice of banking water right credits, but continue to allow the practice of conveying acceptable water rights for developments at the time a RWR is assessed. 7. Second Reading of Ordinance No. 172, 2013, Amending Various Provisions of the Fort Collins Traffic Code. This Ordinance, unanimously adopted on First Reading on December 3, 2013, ensures that the Fort Collins Traffic Code (the “Traffic Code”) is consistent with state traffic laws. The Ordinance implements amendments identified by staff that would make the Traffic Code more consistent and provide more effective and efficient local enforcement. Changes were made between First and Second Reading to Section 508(1)(d). These changes were made to conform the Traffic Code language to the 2013 Colorado Legislature’s amendments. 8. Second Reading of Ordinance No. 173, 2013, Vacating a Portion of College Avenue Right- of-Way Between Foothills Parkway and Monroe Drive. Ordinance No. 173, 2013, unanimously adopted on First Reading on December 3, 2013, vacates a portion of College Avenue right-of-way, correcting an error in Ordinance No. 098, 1973. This Ordinance vacates the remaining right-of-way that was intended to be vacated, and reserves an easement for utilities as originally intended in the 1973 Ordinance, whose legal description did not properly describe the intended area of right-of-way vacation for College Avenue. 9. Second Reading of Ordinance No. 176, 2013, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. City Council met in Executive Session on November 12, 2013 to conduct the performance review of Municipal Judge Kathleen Lane. This Ordinance establishes the 2014 salary of the Municipal Judge at $105,159. 10. Second Reading of Ordinance No. 177, 2013, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. December 17, 2013 453 City Council met in Executive Session on November 12, 2013 to conduct the performance review of City Attorney Steve Roy. This Ordinance establishes the 2014 salary of the City Attorney at $179,093. 11. First Reading of Ordinance No. 179, 2013, Amending the City Code to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated Costs of Services. The purpose of this item is to update the City Code, which requires an annual adjustment to certain building permit related fees. Capital Improvement Expansion fees and Neighborhood Parkland fees are to reflect the changes in the Denver-Boulder-Greeley Consumer Price Index (CPI). Street Oversizing fees are adjusted by the changes posted in the Engineering News Record (ENR). The CPI has increased 2.8% since its last adjustment and the ENR has not increased. 12. First Reading of Ordinance No. 180, 2013, Amending Section 2-30 of the City Code Pertaining to the City Council Meeting Agenda. The purpose of this item is to delete a City Code provision requiring that the title of any ordinance placed on the consent calendar be read prior to action by the Council on the consent calendar. 13. First Reading of Ordinance No. 181, 2013, Declaring Certain City-Owned Property as Road Right of Way. The purpose of this item is to declare a strip of property owned by the City as road right-of- way that is currently used and planned to be used in the future as Timberline Road. The City owns parcels of property located at the southwest corner of Timberline Road and Prospect Road. In 2005, the City constructed interim intersection improvements which widened Timberline Road across a portion of the City’s property. Staff anticipates constructing the ultimate improvements for Timberline Road in 2015, which will further widen Timberline Road on the City’s property. This Ordinance officially establishes this portion needed for Timberline Road on the City’s property as public road right of way. 14. First Reading of Ordinance No. 182, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. The purpose of this item is to obtain City Council authorization to utilize eminent domain, if necessary, to acquire an additional utility easement which is needed for the MAX Bus Rapid Transit Project (MAX). This acquisition interest was identified more than a year ago, but was placed on hold to combine with any other newly identified acquisition interests. No further interests were identified and this will be the final acquisition necessary for the MAX Project. As a December 17, 2013 454 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 the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 15. Items Relating to the Mail Creek Crossing Annexation and Zoning A. Resolution 2013-103 Setting Forth Findings of Fact and Determinations Regarding the Mail Creek Crossing Annexation. B. Hearing and First Reading of Ordinance No. 183, 2013, Annexing Property Known as the Mail Creek Crossing Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 184, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing Annexation to the City of Fort Collins. This is a request to annex and zone 39.608 acres located on the north side of Zephyr Road, approximately 1,450 feet east of South Timberline Road (just east of Bacon Elementary). The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. Mail Creek is a residential development containing 137 single family homes; the requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood. Mail Creek Crossing does not create an enclave. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will be necessary as this property is not already in the District. 16. First Reading of Ordinance No. 185, 2013, Authorizing the Release of Restrictive Covenants on Property at 405 Linden Street Owned by the Fort Collins Housing Authority. The purpose of this item is to obtain authorization from City Council to release the Agreement of Restrictive Covenants Affecting Real Property for the property located at 405 Linden Street, currently owned by the Fort Collins Housing Authority. 17. Resolution 2013-104 Amending the Master Street Plan Relating to the Intersection of Conifer Street and College Avenue and Relating to Sunchase Drive and Carriage Parkway. December 17, 2013 455 The purpose of this item is to present two proposed amendments to the Master Street Plan. The first involves a change to the configuration of the intersection of College Avenue and Conifer Street. The second amendment is a mapping clarification to correctly identify Carriage Parkway as the north/south collector street between Mulberry and Prospect. 18. Resolution 2013-105 Adopting the 2013 Update to the Three-Mile Plan for the City of Fort Collins. The purpose of this item is to update the Three-Mile Plan for the City of Fort Collins, Colorado (Plan). The Plan is a policy document for coordinating future annexation and provision of services, required to be updated annually per Colorado Revised Statutes. Section 31-12-105 of the State Statutes requires that cities complete a plan within three miles in any direction from any point of its municipal boundary. The Plan describes the general location, character, utilities, and infrastructure for areas of potential annexation. This State required annual update is routine and recurring and highlights the 2013 changes to approved plans and other documents applicable to those areas defined in the State Statutes. There are very few changes in this year’s annual update from 2012’s update. 19. Resolution 2013-106 Approving Change Orders to the Contract For the Senior Center with the Neenan Company as an Exception to the Competitive Purchase Process and to Incorporate the Additional Funds Appropriated to the Project. The purpose for this item is to sole source the additional scope of work to be added as part of the Senior Center Expansion project. The initial contract price for the “design-build” contract awarded to The Neenan Company for the Senior Center Expansion project was $4,383,702. Since the contract award, it has become necessary to incorporate additional work into the contract. The Purchasing Agent has determined it would be more efficient and cost-effective to award the additional work to the Neenan Company through change orders to the existing contract, the total of which exceeds $200,000. Pursuant to Section 8-161(c)(1) of the City Code, if the total cost for change orders to an existing contract exceeds fifteen percent (15%) of the contract price-- $657,555, in this instance -- the Purchasing Agent must use the competitive purchasing process to award the additional work. Section 8-161 (d)(3) of the City Code allows an exception to the competitive purchasing process upon specific findings by the Purchasing Agent, submission of a request to the City Manager, and approval by City Council for any procurement which exceed Two Hundred Thousand Dollars ($200,000.00). City Council previously appropriated additional funds for the Senior Center project in Ordinance No. 145, 2013 on November 5, 2013. This Resolution seeks City Council’s approval of an exception to the competitive purchasing process in this instance in order to incorporate change orders into the Senior Center project, and to apply appropriated funds to the cost of those change orders. December 17, 2013 456 20. Resolution 2013-100 Approving a Collective Bargaining Agreement with the Fraternal Order of Police. The purpose of this item is to approve a bargaining agreement between the City and the Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP). The City and the FOP, using an Interest Based Bargaining (IBB) approach, engaged in negotiations regarding the terms and conditions of a possible bargaining agreement for 2014 and 2015. City staff and the FOP have tentatively reached an agreement. On November 11, 2013, bargaining unit members voted to ratify the proposed agreement. 21. Resolution 2013-107 Making Appointments to Various Boards, Commissions and Authorities of the City of Fort Collins. The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards, commissions, and authorities due to resignations of boardmembers and the expiration of terms of current members. Applications were solicited during September and Council teams interviewed applicants during November and December. This Resolution appoints individuals to fill current vacancies and expiring terms. This Resolution does not fill all vacancies. Interviews are continuing, and vacancies will be readvertised as needed. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Nelson. 2. Second Reading of Ordinance No. 167, 2013, Appropriating Prior Year Reserves in the Conservation Trust Fund and Authorizing the Transfer of Appropriations to the Capital Projects Fund. 3. Second Reading of Ordinance No. 168, 2013, Appropriating Unanticipated Revenue in the Emergency Recovery Fund to be Used for the "Larimer County Flood of 2013" Costs and Repair Projects. 4. Second Reading of Ordinance No. 169, 2013, Appropriating Prior Year Reserves in the General Employees Retirement Plan. 5. Second Reading of Ordinance No. 170, 2013, Amending Chapter 25, Article III of the City Code Concerning Sales and Use Tax. 6. Second Reading of Ordinance No. 171, 2013, Amending Article III of Chapter 26 of the City Code to Eliminate Water Rights Banking by the City's Water Utility. 7. Second Reading of Ordinance No. 172, 2013, Amending Various Provisions of the Fort Collins Traffic Code. December 17, 2013 457 8. Second Reading of Ordinance No. 173, 2013, Vacating a Portion of College Avenue Right- of-Way Between Foothills Parkway and Monroe Drive. 9. Second Reading of Ordinance No. 176, 2013, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. 10. Second Reading of Ordinance No. 177, 2013, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. 30. Second Reading of Ordinance No. 178, 2013, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. Ordinances on First Reading were read by title by City Clerk Nelson. 11. First Reading of Ordinance No. 179, 2013, Amending the City Code to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated Costs of Services. 12. First Reading of Ordinance No. 180, 2013, Amending Section 2-30 of the City Code Pertaining to the City Council Meeting Agenda. 13. First Reading of Ordinance No. 181, 2013, Declaring Certain City-Owned Property as Road Right of Way. 14. First Reading of Ordinance No. 182, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. 15. Items Relating to the Mail Creek Crossing Annexation and Zoning B. Hearing and First Reading of Ordinance No. 183, 2013, Annexing Property Known as the Mail Creek Crossing Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 184, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing Annexation to the City of Fort Collins. 16. First Reading of Ordinance No. 185, 2013, Authorizing the Release of Restrictive Covenants on Property at 405 Linden Street Owned by the Fort Collins Housing Authority. 22. First Reading of Ordinance No. 186, 2013, Amending Ordinance No. 158, 2013, to Phase In the Effective Date of the Regulations Adopted by Ordinance No. 158, 2013, for Outdoor Service Areas That Are Not Located Within or Adjacent to Public Sidewalks or Other Public Rights-of-Way. December 17, 2013 458 Councilmember Overbeck withdrew Item No. 21, Resolution 2013-107 Making Appointments to Various Boards, Commissions and Authorities of the City of Fort Collins, from the Consent Calendar. Eric Sutherland, 3520 Golden Currant, withdrew Item Nos. 10 and 14, Second Reading of Ordinance No. 177, 2013, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney, and First Reading of Ordinance No. 182, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Troxell, Weitkunat, Cunniff, Campana, Overbeck, Poppaw and Horak. Nays: none. THE MOTION CARRIED. Councilmember Reports Mayor Pro Tem Horak reported on the Platte River Power Authority meeting during which its 2014 budget and strategic plan were passed. Additionally, he reported on the Poudre Fire Authority meeting during which concern regarding future ambulance service was discussed. Councilmember Troxell reported on the City-CSU Liaison Committee meeting during which marijuana use and new off-campus housing were discussed. Mayor Weitkunat reported on the Council Finance Committee meeting during which the Road to Zero Waste was discussed, as was the creation of the City’s financial policies manual and the City’s auditing practices. Additionally, she reported on the Colorado Municipal League Board meeting during which the 2014 calendar was set and the legislative agenda was discussed. She announced Council will be meeting with Colorado State Legislators at the Lincoln Center on Monday, December 23. Mayor Weitkunat also reported on her trip to Washington D.C. for the Task Force on Climate Preparedness and Resiliency. Resolution 2013-107 Making Appointments to Various Boards, Commissions and Authorities of the City of Fort Collins, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards, commissions, and authorities due to resignations of boardmembers and the expiration of terms of current members. Applications were solicited during September and Council teams interviewed applicants during November and December. This Resolution appoints individuals to fill current vacancies and expiring terms. December 17, 2013 459 This Resolution does not fill all vacancies. Interviews are continuing, and vacancies will be readvertised as needed. BACKGROUND / DISCUSSION Section 1 of this Resolution makes 5 appointments to 4 boards and commissions to fill current vacancies with terms to begin immediately. Names of those individuals recommended to fill current vacancies have been inserted in the Resolution with the expiration date following the names. Section 2 of this Resolution makes 50 appointments to 22 boards and commissions to fill expired terms to begin on January 1, 2013. Names of those individuals recommended to fill expired terms have been inserted in the Resolution with the expiration date following the names.” Councilmember Overbeck questioned the length of time some citizens have served on boards or commissions. Councilmember Cunniff noted each board does have term limits; however, there have been several individuals who return for multiple terms. He stated he values the continuous service and is comfortable with the board recommendations as is. Councilmember Campana stated he is comfortable with the board recommendations as is. City Attorney Roy noted all boards have the same term limitations; no member shall serve more than two consecutive terms, each of which could include the balance of an unexpired term served by a person appointed to fill a vacancy. He stated there is no limitation on the number of different boards upon which an individual can serve, nor is there a requirement that there be an interruption in service between one board and another. Councilmember Troxell stated this discussion should be held as boards and commissions are evaluated. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2013-107. Councilmember Campana stated his recommendations are based more on qualifications and passion rather than time served. Councilmember Overbeck agreed community commitment is critical; he noted he simply wanted to bring the topic forward for discussion. Mayor Pro Tem Horak stated he would support the Resolution and stated the discussion was unnecessary. December 17, 2013 460 Mayor Weitkunat noted the willingness to serve and be involved are of utmost importance. The vote on the motion was as follows: Yeas: Horak, Weitkunat, Troxell, Campana, Poppaw, Cunniff and Overbeck. Nays: none. THE MOTION CARRIED. Ordinance No. 186, 2013, Amending Ordinance No. 158, 2013, to Phase In the Effective Date of the Regulations Adopted by Ordinance No. 158, 2013, for Outdoor Service Areas That Are Not Located Within or Adjacent to Public Sidewalks or Other Public Rights-of-Way, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to amend the effective date of the new City Code provisions that expanded the application of the smoking ordinance to outdoor serving areas. The Ordinance would establish a “phase-in” or delayed implementation date for outdoor service areas that are not within or adjacent to sidewalks or other public rights-of-way, in an effort to limit the negative impact of Ordinance No. 158, 2013, on affected businesses. BACKGROUND / DISCUSSION When City Council adopted Ordinance No. 158, 2013, regarding expansions to the smoking ordinance, some business owners expressed concerns about the potentially negative impact the Ordinance might have on their businesses. Implementation of the ordinance was moved from January 1, 2014 to January 17, 2014 so staff could bring an option for Council consideration to phase-in implementation of the Ordinance in an effort to limit the negative impact on certain businesses. Some businesses have patios located away from the public right-of-way or public sidewalks, so smoking on their patios does not impact the general public or passersby. While the overall intent of the Ordinance is to protect the health of anyone exposed to secondhand smoke in these outdoor areas, the immediate concern is for members of the public who have not chosen to enter a patio that allows smoking. For this reason, the implementation date of January 17, 2014, as adopted by Council, should apply to all patios located within the public right-of-way or adjacent to public sidewalks. Some patios that currently allow smoking are situated away from the public right-of-way and are not adjacent to public sidewalks, so secondhand smoke generated from those patios does not impact the general public or passersby. The perception is that people affected by secondhand smoke on these patios are there by choice. In an effort to limit the negative impact to these December 17, 2013 461 businesses, Council may choose to phase-in or delay the effective date of implementation specifically for patios located away from and not adjacent to public right-of-way or public sidewalks. Feedback received from some of the businesses regarding a time frame that would limit the negative impact to their businesses includes either waiting until when/if Council chooses to ban smoking in the Old Town area (preferred) or delaying implementation until end of spring. Staff does not recommend waiting to delay implementation until when/if Council chooses to ban smoking in Old Town because there currently is not enough information to know when or if this will actually occur. Staff recommends a reasonable delay of six months. This would give businesses time to get through the winter months and develop a marketing plan to limit negative impacts. Staff is open to Council’s recommendation on the delayed implementation date. FINANCIAL / ECONOMIC IMPACT This could limit the financial/economic impact to certain businesses. ENVIRONMENTAL IMPACT This will improve air quality by eliminating secondhand smoke in these outdoor dining areas. PUBLIC OUTREACH Staff discussed this with the businesses who identified themselves as having patios located away from the public right-of-way or public sidewalks to get feedback regarding what time frame would be helpful to them. As indicated above, their preferred option would be to delay implementation until City Council chooses to ban smoking from the Old Town area. If this option was not possible, they indicated that at least waiting until the end of spring would be helpful.” Beth Sowder, Neighborhood Services Manager, stated this Ordinance would provide a phased implementation date for the new outdoor smoking Ordinance in an effort to limit the negative impact on certain businesses which have outdoor areas that do not abut the public right-of-way or public sidewalks. She stated the affected businesses would prefer to have this Ordinance go into effect when Council bans smoking in all of Old Town, or until spring. Staff is of the opinion that a six-month delay could be reasonable. Polly Lauridsen, Compliance Supervisor, presented some photos of the affected businesses, some of which would be included in the January implementation, and some of which would be included in the recommended June implementation. Ben Pert, Tony’s Operations Manager, discussed the smoking patio situation at Tony’s and supported the six-month phase-in period. Dimitri (last name indiscernable), Tony’s owner, supported the six-month phase-in period. December 17, 2013 462 Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 186, 2013, on First Reading. Mayor Pro Tem Horak supported the phase-in period for those businesses which have smoking areas that are not adjacent to public areas. He commended Tony’s staff for their willingness to work with the City on the issue. Councilmember Cunniff supported the motion. Councilmember Overbeck commended Tony’s staff and supported the motion. The vote on the motion was as follows: Yeas: Weitkunat, Troxell, Campana, Poppaw, Cunniff, Overbeck and Horak. Nays: none. THE MOTION CARRIED. Resolution 2013-111 Establishing a Waste Diversion Policy, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is for Council to consider passing new waste reduction goals: 1. Zero Waste by 2030, achieving interim levels of 75% by 2020 and 90% by 2025 2. Per capita waste generation levels of 2.8 pounds/day by 2025 Now that the Fort Collins community has reached a 50% waste diversion level (based on 2012 data), “next steps” to be taken must systematically and deliberately aim at new ways to manage the community’s discards. Six months of extensive community involvement produced a significant amount of public input and evidenced strong support for a goal of Zero Waste. A “The Road to Zero Waste Plan” was prepared that calls for a departure from traditional thinking and landfill technology. BACKGROUND / DISCUSSION The roadmap for Fort Collins to follow in pursuit of higher levels of waste diversion calls for significant “culture change” and new operational (community, regional and private sector) investments. By adopting new, far-sighted goals, Fort Collins will signal commitment and support for Zero Waste, a message businesses need to hear in order to make long-term investments in new facilities. Four types of facilities are needed to fill gaps in the local/regional system and capture more discards; commercial composting for organics, including food scraps; construction and demolition (C&D) sorting yard; glass sorting facility; and re-use warehouse. December 17, 2013 463 The combined cost of $12-17M in community and regionally-shared investments will help avoid the need for building new landfills in the future, estimated at $20-80M. The City’s share in implementing the Plan over the next 10 years would be through a mix of ordinances that set higher standards - and create a level “playing field” - and new programs that: establish Zero Waste grant/loans; carry out robust education and outreach; and, create a re-use warehouse. One option for funding new programs is through the biannual Budgeting for Outcomes process; another option is a proposed new "Recycling Education and Reinvestment” fee. The Road to Zero Waste Plan describes community values to best guide future decisions, with an emphasis on choice and diversity. Fort Collins seeks to: implement mutually beneficial actions to support multiple principles and policies; look for diverse solutions to optimize recovery of discards; and, build on our open competitive, market economy to foster more entrepreneurial investments in new programs, facilities and services. In addition, opportunities to recycle should be universally available to citizens and businesses. The Plan shows that the City’s primary role lies in helping to improve conditions for recycling and waste reduction activities by adopting clear goals. The City can also show direction by facilitating, supporting market activities by acting as a convener and catalyst, and educating (about) and enforcing codes that are adopted, building on the successful approach applied over the past 20 years with Fort Collins’ Pay-as-you-throw (PAYT) ordinance. In Colorado, Boulder and Summit Counties and the town of Telluride have adopted Zero Waste goals. Other U.S. communities that have adopted this approach include Austin, Dallas, San Antonio, Seattle, Chicago, Los Angeles, San Jose, Sacramento, Burbank, Glendale, Oceanside, Santa Monica, Alameda City, Culver City, Sunnyvale, Mountain View, Oakland, San Francisco, Berkeley, San Diego, and Palo Alto. Anticipated 2014 Actions A starting point for the Plan is to bring forward an ordinance that limits the use of disposable shopping bags. Amendments to the Universal Building Code in 2014 to expand recycling requirements for construction sites, remodeling jobs, and demolition work will be supported by the Plan. The schedule for 2014 also calls for evaluation of a possible monthly fee on households and businesses. Revenue may alternatively come through the Budgeting for Outcomes process. The initial focus for the education and reinvestment fund would be to create a Zero Waste grants and loans program. The City will seek opportunities to collaborate and cooperate with neighboring agencies, including the City of Loveland and Larimer County, in creating a regional Zero Waste Plan. December 17, 2013 464 Anticipated 2015-16 Actions The City will look at a variety of new actions to implement the Road to Zero Waste Plan in 2015- 16, including planning for how to expand the new integrated recycling facility to better serve as Resource Recovery Park. The City’s own policies for reducing waste through purchasing decisions will be evaluated, and a policy framework for the “highest and best use” of materials will be developed to give specific guidance for the use of waste conversion technology in managing the community’s discards. Amendments to the PAYT ordinance will be brought forward to give single-family customers the opportunity to request the optional service of curbside composting (yard/garden organics) from their trash/recycling company, and to extend recycling for all multi-family residents. New bans will be brought forward to prohibit materials from landfill disposal, starting with source- separated construction and demolition materials, and followed by yard trimmings. Work on creating composting facilities in close proximity (20 miles from Fort Collins) will be initiated, with special attention on helping to develop the infrastructure to allow food scraps to also be collected for composting and/or digestion facilities. Development of a re-use warehouse will also be considered during the 2015-16 timeframe, along with a regional glass sorting facility. FINANCIAL / ECONOMIC IMPACT At the November 26, 2013 Work Session, staff was asked to provide a detailed implementation plan and a financial pro forma to illustrate how specific decisions about funding could be made over the next five years. An analysis has been developed (Attachment 3) that shows incremental costs and revenues for new City programs as well general/directional information about costs and revenues that will result from new private sector programs, and the sequence in which actions are recommended to be taken. For subscribers of curbside collection services, service options would expand over a period of 5- 6 years, from today's recycling + trash collection, to a combination of recycling + trash + organics (compostables) collection; as result, subscription rates would change. The Plan emphasizes the need for giving hauling companies more flexibility to design their rates beyond the linear rate structure prescribed in the Pay-as-you-throw Ordinance so that they are able to adjust their rates to accommodate new services. The City is only able to estimate what changes may occur. From a very general perspective, we may anticipate that for the largest-level households (those with 95-gallon trash carts collected weekly), costs for the new triple-stream service could increase by an estimated 20%; the same customer could elect to down-size to a 64- gallon trash cart and save 16% on their current costs. Among customers already at low-volume trash levels, costs could increase by an estimated 26% (from about $11/month to $13.83) by adding compost collection. The Plan recommends that the decision whether to add compost service would remain the choice of the customer, who could choose to opt-out. Both small and large businesses would also have the prerogative to subscribe to composting services. December 17, 2013 465 The recommendation in the Plan for bringing trash/recycling haulers' business customers under the Pay-as-you-throw Ordinance represents a major new direction in how commercial services are provided and changes would occur to these customers' rates. Charging for the volume of trash, as prescribed by PAYT, would increase businesses' trash bills. It also motivates businesses to look for more waste reduction and recycling measures to apply, along the lines of what local business leaders like New Belgium Brewery, Hewlett-Packard, Woodward Governor, Anheuser-Busch, and Intel have done. These Zero Waste businesses are able to demonstrate savings to their bottom line that accrue by reducing waste and down-sizing on their trash removal services. The Road to Zero Waste Plan categorizes - as commodities - materials that routinely “flow” into local landfills from Fort Collins (140,000 tons of trash in 2012), establishing that nearly $6.5 M in value could potentially be recovered annually. New revenues from sales of recovered commodities will stimulate the economy and additional jobs will be created that provide local employment. Zero Waste initiatives for new businesses and for reinvestment in the local economy are linked to the Economic Health Strategic Plan and support for the Innovation Ecosystem. As start-up companies enter the market and as existing recycling/reuse/composting businesses expand in response to Zero Waste policies set by the City, an estimated 400 jobs will eventually be developed. As an example of how markets respond to local goals, three composting companies started up business in Austin after the community adopted a Zero Waste plan. Constructing new recycling facilities to fill the gaps in the local infrastructure for composting, C&D sorting, glass sorting, and a re-use warehouse is estimated to cost a total of $12-$17M. Investments made by the private sector would be repaid through fees for services in the rates charged for services. Investments in new ways to divert material from landfill disposal will help postpone or avoid substantial costs to the community of replacement. The overall net costs for implementing new Road to Zero Waste initiatives cost more than implementing no plan; however, over the long term, these costs are going to be lower than the costs for constructing a new landfill. Funding for new City programs could come from the General Fund as a Budgeting for Outcomes decision, or as a proposed monthly fee projected to be approximately $0.65 per household and business per month ($7.80 annually). ENVIRONMENTAL IMPACT Diverting waste materials from landfill disposal and putting them to beneficial secondary uses provides a number of environmental benefits to which the City’s strong recycling policies and programs directly contribute. The ability to recover forest products, plastics, metals, and manufactured goods and put them to beneficial use dramatically reduces “upstream” impacts caused by destructive mining and logging practices; drilling and resource extraction; and, industrial production activities such as chemical treatment and smelting. Less energy and water is necessary when remanufacturing occurs compared to using virgin materials, and less air and December 17, 2013 466 water pollution occurs. Scarce forest and jungle ecosystems can be conserved when minerals and elemental metals that have already been removed from the ground are introduced back into manufacturing. By creating a local system for recycling organics such as food scraps, yard trimmings, and wet or soiled paper, compost becomes more widely used as a soil supplement; landscaping and gardening efforts are rewarded by increased water retention and lower irrigation needs, healthier plants, and less reliance on chemical fertilizers. Of great significance to the Fort Collins community's concerns regarding climate change, greenhouse gas emissions are avoided by taking a Zero Waste approach; it reduces future landfill methane emissions, and reduces “embedded” carbon dioxide by saving energy compared to using virgin materials for manufacturing purposes. BOARD / COMMISSION RECOMMENDATION At its November 20, 2013 meeting, the Natural Resources Advisory Board unanimously passed a motion recommending Council adopt Zero Waste goals (Attachment 4). The Energy Board, Economic Advisory Board, and Air Quality Advisory Board also reviewed the Road to Zero Waste and provided comments in support of taking a Zero Waste approach. PUBLIC OUTREACH City staff applied a comprehensive six-month process to involve the public in discussions about new goals for the Fort Collins community and obtain public input (Attachment 5). Five open house events were held and more than 250 people attended at least one of these “Community Conversations” to engage in discussion. A website <http://www.fcgov.com/zerowaste> (www.fcgov.com/zerowaste) was installed where information about the planning process and updates were posted, Community Conversation videotapes were linked, and online comment forms were available to fill out. City staff and the consulting team met with key boards to discuss the Road to Zero Waste project, as well as the Council Futures Committee. Numerous interviews with stakeholders and site visits were conducted, and as part of the project, a workshop was held for ClimateWise partners to discuss innovations in the business sector for reducing waste. Finally, a small, informal Working Group was invited to participate as a “sounding board” for the staff and consulting team throughout the six-month process. The group, representing a cross-section of different stakeholders, provided knowledgeable input as the Road to Zero Waste Plan developed.” Bruce Hendee, Chief Sustainability Officer, discussed the Road to Zero Waste budget officer and the process of developing this Policy, which is a broad vision document. He noted staff will return with specific program ideas and budgets in the coming years. Susie Gordon, Senior Environmental Planner, discussed the community process used in developing this Policy and the proposed ambitious goal of 2.8 pounds of waste per capita per day. Additionally, she described the concept of Zero Waste and discussed the primary items which still go to the landfill. Gordon noted there is a growing interest in composting yard and food waste and went on to discuss funding sources. She stated new services discussed include a December 17, 2013 467 commercial composting facility and a construction and demolition recycling facility. Eric Sutherland, 3520 Golden Currant, commended the City’s trash haulers and recycling businesses. He opposed the expenditure of funds for consultants and studies and stated those businesses doing the work should be consulted with those funds. Bob Mann, 520 North Sherwood, Natural Resources Advisory Board, supported the consultants used in this project and noted they went door-to-door to speak with the businesses and noted they tied their recommendations to City Plan. Additionally, Mr. Mann supported this item. Mayor Weitkunat requested additional information regarding the landfill. Gordon replied staff has yet to discern what Larimer County Commissioners will decide; however, the County has purchased a parcel of land near Wellington as a potential new landfill site. The County could potentially also develop a transfer station at the existing landfill. Mayor Weitkunat stated there are other pieces of information, such as the transfer station, which should have been included in this discussion. Gordon discussed the private landfill in Ault as another option. Councilmember Cunniff asked about the status quo. Lucinda Smith, Environmental Sustainability Director, replied the status quo reflects increase tipping fees over time, which could occur with building a new landfill or increasing tipping fees at the existing landfill. Councilmember Cunniff commended the outreach to boards and commissions and stated the goal is reasonable. Councilmember Troxell stated he would support the item; however, he expressed concern regarding a landfill fixation as opposed to a resource opportunity. He stated the City should be more citizen-oriented than City program-oriented. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2013-111. Councilmember Campana stated he would support the motion and stated the decision cannot be made solely based on equating cost, but also on being good stewards. He commended staff work. Councilmember Overbeck stated he would support the motion and commended staff work on the item. Councilmember Troxell supported the idea of regional partnership. Mayor Pro Tem Horak commended the work of the consultants. The vote on the motion was as follows: Yeas: Weitkunat, Poppaw, Horak, Campana, Cunniff, December 17, 2013 468 Overbeck and Troxell. Nays: none. . THE MOTION CARRIED. (Secretary’s note: The Council took a brief recess at this point in the meeting.) Resolution 2013-112 Making an Appointment to the Economic Advisory Commission, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY Four vacancies currently exist on the Economic Advisory Commission due to the expiration of terms of members. By adopting Resolution 2013-112, Council has filled three of those vacancies. Mayor Weitkunat and Councilmember Cunniff were unable to reach an agreement on a recommendation to fill one vacancy on the Economic Advisory Commission. The Council interview team wishes to submit two names for Council's consideration for that position.” Mayor Weitkunat stated she and Councilmember Cunniff were unable to reach an agreement on a recommendation to fill one vacancy on the Economic Advisory Commission. She discussed the means of gathering citizen applicants and noted the disagreement had to do generally with time served on boards. She stated her recommendation is Bradley Florin, who would be a new Commission member, and Councilmember Cunniff’s recommendation is Linda Stanley, who has served on various boards and commissions since 1998. Eric Sutherland, 3520 Golden Currant, stated the citizen who understands the nexus between the activities of local government and the local economy should be selected. Councilmember Troxell made a motion, seconded by Mayor Weitkunat, to adopt Resolution 2013-112, appointing Bradley Florin to the Economic Advisory Commission. Councilmember Cunniff discussed Ms. Stanley’s qualifications and recommended her appointment. Councilmember Overbeck supported Ms. Stanley for the Commission appointment. Councilmember Troxell supported Mr. Florin’s appointment and discussed his qualifications. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to substitute Linda Stanley’s name for Bradley Florin’s name. Mayor Pro Tem Horak supported Ms. Stanley in order to add diversity and the ability to provide data and information to the Board. However, he stated he would support the qualifications of Mr. Florin should another opening occur. December 17, 2013 469 Councilmember Cunniff agreed with Mayor Pro Tem Horak. Councilmember Campana stated he City is fortunate to have so many qualified applicants. Councilmember Poppaw agreed with Councilmember Campana regarding the number of qualified applicants and thanked the applicants. The vote on the motion to amend was as follows: Yeas: Cunniff, Overbeck, Horak, Poppaw, Campana and Weitkunat. Nays: Troxell. THE MOTION CARRIED. Mayor Weitkunat stated she originally supported Mr. Florin in terms of giving new citizens opportunities to serve. Councilmember Troxell stated he would support the motion. The vote on the motion to appoint Linda Stanley was as follows: Yeas: Cunniff, Overbeck, Horak, Poppaw, Campana, Troxell and Weitkunat. Nays: none. THE MOTION CARRIED. The Council held a brief discussion regarding filling a vacancy on the Downtown Development Authority. Councilmember Cunniff stated he and Councilmember Overbeck had recommended seeking additional applicants and Mayor Weitkunat and others questioned why none of the current eight applicants were selected. Ordinance No. 178, 2013, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY City Council met in executive session on November 12, 2013 to conduct the performance review of City Manager Darin Atteberry. Ordinance No. 178, 2013, adopted on First Reading on December 3, 2013 by a vote of 5-2 (Nays: Cunniff, Overbeck) establishes the 2014 salary of the City Manager at $237,708.” December 17, 2013 470 Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 178, 2013, on Second Reading. Yeas: Horak, Weitkunat, Troxell, Campana and Poppaw. Nays: Cunniff and Overbeck. THE MOTION CARRIED. Ordinance No. 177, 2013, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY City Council met in Executive Session on November 12, 2013 to conduct the performance review of City Attorney Steve Roy. This Ordinance establishes the 2014 salary of the City Attorney at $179,093.” Eric Sutherland, 3520 Golden Currant, discussed TABOR and stated multi-year obligations of tax revenues cannot be made without a vote of the people. He opposed City Attorney Roy’s job of appraising Council of the law relating to this topic and others. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 177, 2013, on Second Reading. Mayor Pro Tem Horak noted the City Attorney’s job is different from that of the City Manager given Executive Sessions and other non-public advice provided by the City Attorney. He commended the work of the City Attorney. Councilmember Campana agreed with Mayor Pro Tem Horak. The vote on the motion was as follows: Yeas: Horak, Weitkunat, Troxell, Campana, Cunniff, Overbeck and Poppaw. Nays: none. THE MOTION CARRIED. Ordinance No. 182, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project, Adopted on First Reading The following is the staff memorandum for this item. December 17, 2013 471 “EXECUTIVE SUMMARY The purpose of this item is to obtain City Council authorization to utilize eminent domain, if necessary, to acquire an additional utility easement which is needed for the MAX Bus Rapid Transit Project (MAX). This acquisition interest was identified more than a year ago, but was placed on hold to combine with any other newly identified acquisition interests. No further interests were identified and this will be the final acquisition necessary for the MAX Project. 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 the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. BACKGROUND / DISCUSSION The Mason Corridor Bus Rapid Transit Project, branded Mason Express or “MAX”, is a five mile, north-south byway which extends from the Downtown Transit Center on the north to the planned South Transit Center, south of Harmony Road. MAX will link major destinations and activity centers along the City’s primary transportation and commercial corridor including, “Old Town”, Colorado State University, Foothills Mall, and South College retail areas. In addition to greatly enhancing the City’s north-south transportation movement, MAX will be a significant catalyst for economic growth, both as a short-term stimulus and as a long-term development/re-development driver. The “MAX” system has a planned operation date of May 2014. The project is predominately located within the outside twenty-five feet of the east half of the Burlington Northern Santa Fe Railway (the “BSNF”) property, however, overall project right- of-way consists of a combination of property owned by the BNSF, Colorado State University, private land owners, and the City. The utility easement interest that is the subject of this agenda item will be the final acquisition necessary for the MAX Project. All other property interests, with the exception of several that are in process, have been acquired. Significant public outreach has occurred on this long standing project in many forms, including numerous open houses and direct communication with impacted property owners. To ensure the integrity of the project schedule, maintain certain project efficiencies, and to remain a viable Federal Transit Administration funded project, It is critical that the City have the ability to acquire the property interests in a timely manner. In addition, since this is a federally funded project, eminent domain must be authorized before staff is able to send to affected property owners the required Notice of Interest letter. December 17, 2013 472 Staff has a high degree of respect and understanding for the sensitivity of the acquisition process and commits to utilizing eminent domain only if necessary, and only if good faith negotiations are not successful. It’s important to note that City staff has taken great effort to minimize impacts to property owners, and will continue to do so as the project progresses. FINANCIAL / ECONOMIC IMPACT Property acquisition costs will be covered by available project funds, whether or not eminent domain is required. PUBLIC OUTREACH The affected property owner has been contacted via certified mail and personally contacted by the City’s Real Estate Services Department.” Eric Sutherland, 3520 Golden Currant, opposed the original placement of this item on the Consent Calendar and stated the powers of condemnation cannot be conveyed from one public entity to another. He stated eminent domain runs contrary to law and opposed the Boxelder Stormwater Authority. Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 182, 2013, on First Reading. Councilmember Troxell asked if anything related to this item pertains to the Boxelder Stormwater Project. Helen Matson, Real Estate Services Manager, replied in the negative. Councilmember Troxell asked how many real estate transactions and property acquisitions were necessary as part of the Mason Corridor project. Patrick Rowe, Project Manager, replied there have been approximately seventy property acquisitions as part of this project. Councilmember Troxell stated that is evidence of the proper use of eminent domain. Mayor Pro Tem Horak stated information can be obtained from the Boxelder Stormwater Authority as to why its attorney believes they have the authority to complete discussed condemnation. Councilmember Cunniff noted this item does not guarantee that eminent domain proceedings will begin. The vote on the motion was as follows: Yeas: Weitkunat, Poppaw, Horak, Cunniff, Overbeck, Troxell and Campana. Nays: none. THE MOTION CARRIED. December 17, 2013 473 Other Business Mayor Weitkunat questioned the Downtown Development Authority appointment process and asked why none of the eight applicants were recommended. City Attorney Roy stated Council is not in a position to make an appointment this evening as a Resolution has not been prepared; however, Council could provide direction as to whether it wants to re-advertise for the position or have a Resolution brought forth at the next meeting recommending one of the existing applicants fill the position. Mayor Weitkunat suggested one of the eight applicants should be recommended to fill the position. Councilmember Overbeck stated the Downtown Development Authority is unique in that its members are invested in the downtown area. He stated he and Councilmember Cunniff wanted to ensure a citizen who lives within the Downtown/Old Town area be recommended. Mayor Weitkunat noted diversity and certain credentials are not always provided by the applicant pool. Mayor Pro Tem Horak suggested two Resolutions be brought forth at the next meeting, one wherein a recommendation could be made and one which would put forth re-advertisement of the position. The majority of Council agreed with this direction. Adjournment The meeting adjourned at 8:47 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk