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HomeMy WebLinkAboutMINUTES-07/20/2010-RegularJuly 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 CO, 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 Atteberry stated he would look into any possible published references to City support of the project. Of& 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 of the Second Reading of this 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 I 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. 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 Appropriated in the Police Services Operating Budget. 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 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. .: July 20, 2010 14. Second Reading of Ordinance No. 087: 2010, Authorizing the Convevance 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 Ener v 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 2010.029 Authorizing the City Manager to Execute the 2010 Grant AV-reement This Resolution authorizes the City Manger to execute a grant from the Federal Aviation Administration (FAA) for the remaining amount of the $1 million 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 UniversitySvstem 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 Poudre 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 Directin the 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 HousingStrate�ic 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. 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 25`h 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 Proiect, 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 fiord 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, j2010, 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 staffs 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.) f 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 l 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 A TEST:. City Clerk 0 0 376