City Council Minutes 2014 03 18 - Laserfiche WebLink

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City Council Meeting Minutes March 18, 2014 Page 19 of 20 four months and the City will install the landscaping within the next four months. Dates would not be available until BNSF establishes their schedule. Council member Loo was under the impression BNSF would pay for the project, which saves the City a substantial amount of money. Planning Director Russ confirmed BNSF approved at 30% design a bridge structure and a waiver on a cover to shield from debris, which saved the City $1 million in exchange for fencing both sides of Pine Street to Griffith. Council member Stolzmann asked where the fencing is in the CIP. Planning Director Russ explained the fencing is included in the project costs. Council member Lipton referred to the statement the City will use its best efforts to complete the project by 2014. He asked City Attorney Light about a higher standard of language. City Attorney Light stated the current language is what the City and the LRC agreed to. The Urban Renewal laws allow the LRC to call upon the City Attorney's office to provide guidance. This is a mutual cooperation agreement, but if the City and the LRC disagree with the performance of the agreement, he would provide legal advice to both entities. If the extension goes forward, the language may need to be updated. Council member Lipton supported a higher standard with respect to performance. He asked if this is subject to any City appropriation. City Attorney Light stated an urban renewal district is not subject to TABOR and is allowed to enter into obligation bonds. Council member Lipton inquired about the City's obligation. City Attorney Light stated the City's obligations are subject to annual appropriations. There is no breach to the agreement by saying the City did not appropriate funds for this project in 2014. Council member Lipton asked why was this project slated for 2014. Economic Development Director DeJong explained in November of 2012 the DELO project came forward and it was a matter of projecting the South Street Gateway project by 2014. Mayor Muckle stated the LRC wanted to create some sense of urgency. He felt the agreement should be revisited in 2014. Council member Stolzmann commented she would vote against the resolution. MOTION: Mayor Muckle moved to approve Resolution No. 17, Series 2014, seconded by Mayor Pro Tem Dalton. Roll call vote was taken. The motion passed by a vote of 6- 1 . Council member Stolzmann voted no. CITY ATTORNEY'S REPORT No items to report. COUNCIL COMMENTS, COMMITTEE REPORTS, AND IDENTIFICATION OF FUTURE AGENDA ITEMS 44