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HomeMy WebLinkAboutCOUNCIL - PROCLAMATION - 09/20/2016 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE AAgenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the August 30, 2016 Adjourned Council Meeting and the September 6, 2016 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the August 30, 2016 Adjourned Council meeting and the September 6, 2016 Regular Council meeting. ATTACHMENTS 1. August 30, 2016 (PDF) 2. September 6, 2016 (PDF) City of Fort Collins Page 88 August 30, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM  ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Nelson 1. Items Relating to Submitting a Ballot Question for the November 8, 2016 Election (Adopted) A. Possible Public Hearing and Motion Regarding Protest of Ballot Language B. Resolution 2016-068 Submitting a Ballot Question to the Registered Electors of the City at a Special Municipal Election to be Held on November 8, 2016, and Conducted as a Coordinated Election with Larimer County, Asking the Voters to Confirm that the City May Retain and Spend All Revenues it has Received and will Continue to Receive Relating to the “Keep Fort Collins Great” .85% Sales and Use Tax Voters Approved in 2010. The purpose of this item is to is to set ballot language for the voters of Fort Collins to confirm that they intended for the City to collect, keep, and spend all revenues collected as authorized and directed in the 2010 “Keep Fort Collins Great” ballot question. Ballot language is being set at the earliest possible date. Any protest of the proposed ballot language must be received no later than Monday, August 29 at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of Resolution 2016, 068. If protest(s) are received, copies will be included in Council’s “Read-before” packet. City Attorney Daggett reviewed the City Code’s process allowing a registered elector the opportunity to protest proposed ballot language. She stated Council is required to hear, consider and resolve the protest prior to adopting the Resolution that would set the ballot language and briefly reviewed the requirements for ballot language. Eric Sutherland stated Municipal Election Code 31-11-111(3) applies to this ballot question and noted he has the ability to appeal Council’s decision to the District Court under a provision of the Uniform Election Code. To illustrate his protest, Mr. Sutherland used an example of a store overcharging for an item and then requiring the customer to sue for a refund. There is no substantive difference in the proposed ballot language between a yes and no vote. Councilmember Campana noted City Attorney Daggett’s presentation indicated CRS 31-11- 111(3) does apply. City Attorney Daggett replied Mr. Sutherland was likely objecting to her use of the term “arguably” as there is some question as to whether the language in the City Charter occupies the field in terms of defining the City’s ballot requirements; however, the requirements outlined in the presentation do include that statute. The substantive difference between the effect of the statute versus the Charter provision is limited. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, that the Council find the protest filed by Mr. Sutherland has no merit. Councilmember Campana opposed Mr. Sutherland’s protest as being without merit. August 30, 2016 City of Fort Collins Page 89 Mayor Pro Tem Horak stated citizens received more services due to the amount of taxes paid and citizens cannot be equated to taxpayers as a percentage of taxes paid do not come from Fort Collins residents. Councilmember Campana noted the amounts of tax collection in the original ballot language were estimates and the question specifically asked if an excess amount collected above those estimates could be used. Councilmember Martinez stated this is all the more reason to place the question on the ballot. RESULT: MOTION ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Eric Sutherland questioned the effect of a “no” vote and whether it differs from a “yes” vote. He argued state law does apply as this is being held as a coordinated election rather than a municipal election. Mayor Troxell stated the voters have spoken twice on this issue, once in 1997 when there was a general “de-Brucing” in Fort Collins and in 2010 when the specific wording of the ballot measure allowed Fort Collins to keep excess revenues associated with the tax. Councilmember Cunniff agreed with Mayor Troxell and stated this election would provide later voter approval as dictated by the Colorado Constitution TABOR portion. Councilmember Campana stated the proposed ballot language meets all the necessary tests as presented by City Attorney Daggett. Councilmember Martinez made a motion, seconded by Councilmember Campana, to adopt Resolution 2016-068, with a wording amendment. City Attorney Daggett presented an outline of Councilmember Martinez' amendment. Councilmember Cunniff supported the proposed language changes. Mayor Pro Tem Horak outlined the situation leading to this point, stating the City has been using the tax revenue as approved by voters and this ballot item will allow the City to continue using the money now and in the future the way it was directed by the voters. Councilmember Campana stated TABOR has proven to be quite complicated and supported this as being the correct approach. Councilmember Martinez supported asking voters for a reaffirmation and permission. Mayor Troxell agreed with placing the item before the voters but noted the City has provided annual reports on the use of the tax revenues. Mayor Pro Tem Horak encouraged citizens to discuss this item with Councilmembers. August 30, 2016 City of Fort Collins Page 90 Councilmember Stephens noted the tax revenues have supported much-needed services. She asked where citizens could access information as to where the revenues have been spent. City Manager Atteberry replied the annual reports can be found at www.fcgov.com/KFCG. Details regarding how the funds have been spent as well as information regarding efficiency efforts can be found at that web site. Mayor Pro Tem Horak requested that information be placed on the front page of the web site. City Attorney Daggett replied she will look into that possibility. Councilmember Martinez asked if the questions and answers will be posted on the web site. City Manager Atteberry replied they are posted as part of Council's agenda. City Attorney Daggett replied information will be evaluated to determine whether it can be relocated on the web site or whether it will need to be left as is. Councilmember Cunniff stated he would support the motion and support the ballot question in the community. Councilmember Campana requested City Attorney Daggett provide a memo regarding appropriate action by boards and commissions and employees in terms of the election. City Attorney Daggett replied her staff works with City employees and appointees on those issues. City Manager Atteberry stated he sends an email to all City employees prior to every election regarding their ability to participate as a private citizen without using City resources. Councilmember Campana asked about participation in terms of elected officials. City Attorney Daggett replied Council can adopt a resolution expressing support for the measure and Councilmembers can individually express their opinions and be actively involved as long as they are careful about the specific limitations in the statute. She stated City staff and Council can respond to questions via email. Mayor Troxell expressed support for bringing the ballot issue forward. RESULT: RESOLUTION 2016-068 ADOPTED [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  ADJOURNMENT The meeting adjourned at 6:40 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk City of Fort Collins Page 91 September 6, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM  ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Winkelmann  AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated the agenda has been amended under Other Business to include consideration by Council of a motion to waive the attorney/client privilege regarding a memo on Keep Fort Collins Great and TABOR.  CITIZEN PARTICIPATION Don Eason commented on potential health and environmental hazards created by wireless communications devices and cellular antenna installations. Eric Sutherland discussed Keep Fort Collins Great reserves and noted the City should budget for a refund of those reserves. Nancy Eason commented on potential health and environmental hazards created by wireless communications devices and cellular antenna installations. She discussed how the FCC determines safe limits for radio frequency emissions. Diane Cohn, Affordable Housing Board, discussed the Consent Agenda item which would authorize the assignment of this year’s private activity bond allocation to the Colorado Housing Finance Authority. The DMA Plaza and Oakridge Crossing, both senior affordable housing projects, will receive the funds. Walt Jones discussed the connection between radio frequency emissions and cancer. Virginia Farver discussed potential long term health effects of the City’s Smart Meters. Evan Shortridge discussed radio frequency emission concerns relating to children. Heather Lahdenpera discussed environmental factors which are causing disease, specifically electromagnetic radiation. Kimberly Malone discussed her experience with electromagnetic sensitivity and expressed concern regarding the upcoming broadband proposal stating a wired connection uses less energy. Tanja Andreas discussed the early death of her father due to a cancer related to radio frequency emissions. Debbie Corey discussed the construction of cellular towers and stated they should be kept away from residential areas. September 6, 2016 City of Fort Collins Page 92 Enja Borgmann stated there is no third party monitoring of any of the cellular antennas in the city. Katie Cassis expressed concern regarding the effects of radio frequency radiation on the health of citizens and requested that Council consider the health effects of its decisions with all new technologies. Abby Hartley discussed the dangers of second-hand smoke and stated individuals living next door to smokers should have more rights.  CITIZEN PARTICIPATION FOLLOW-UP Councilmember Overbeck requested the City assist with the telecommunications act compliance and monitoring. Tyler Marr, Policy and Project Analyst, stated RF emissions cannot be considered when approving or denying cell tower sites. The Land Use Code does address where macro cell sites can be installed; they are not allowed in residential-only zones. The City has looked into the possibility of hiring a third-party monitoring service; however, the cost of such service is quite high (about $1,000 per tower). Staff is aware of residents’ concerns and will explore other options as desired by Council. Councilmember Martinez asked if smart meters are required to be UL certified. City Manager Atteberry replied he will provide a response in writing. Councilmember Campana discussed the cost of the third party monitoring service and the possibility of requiring the owners or operators to pay an annual fee or test the towers themselves. Marr stated individual property owners could potentially require testing as part of a lease agreement; however, an ordinance requiring such inspections has not been explored. Mayor Troxell requested the City seek information from Larimer County Health Services and the Colorado Department of Health and Environment regarding RF emissions. Councilmember Cunniff requested follow-up regarding Ms. Hartley’s concerns about second- hand smoke from neighbors. Councilmember Stephens requested follow-up regarding second-hand smoke in apartment buildings. Councilmember Campana noted some work regarding those issues may have already been done regarding marijuana second-hand smoke.  CONSENT CALENDAR Eric Sutherland withdrew Item Nos. 2, Second Reading of Ordinance No. 098, 2016, Appropriating Prior Year Reserves in the General Fund to Reimburse Avago Wireless Technologies (U.S.A.) Manufacturing, Inc. For Use Tax and Business Personal Property Taxes as Provided in Business Investment Agreements and 3, Second Reading of Ordinance No. 099, 2016, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees and Use Tax, from the Consent Agenda. September 6, 2016 City of Fort Collins Page 93 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the August 9, 2016 Special Council Meeting, the August 16, 2016 Regular Council Meeting, and the August 23, 2016 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the August 9, 2016 Special Council meeting, the August 16, 2016, Regular Council meeting, and the August 23, 2016 Adjourned Council meeting. 2. Second Reading of Ordinance No. 101, 2016, Authorizing an Exchange of Easements between the City and Brookhaven Homeowners Association to Resolve Encroachment Issues on Mallard's Nest Natural Area and Spring Creek Trail. (Adopted) This Ordinance, unanimously adopted on First Reading on August 16, 2016, authorizes the City’s conveyance of an easement to the Brookhaven Homeowners Association to resolve an encroachment issue on Mallard's Nest Natural Area and Spring Creek Trail. The Natural Areas Department intends to exchange easements with Brookhaven Homeowners Association to resolve long standing and significant encroachments on City property and enable a more favorable alignment of an existing fence along Spring Creek Trail. 3. Council Action Postponing Indefinitely First Reading of Ordinance No. 104, 2016, Making Certain Amendments to Chapter 26 of the Code of the City of Fort Collins Pertaining to Electric, Water and Wastewater Rates, Fees and Charges Associated with the Income Qualified Rate Pilot Study. (Adopted) The purpose of this item is to postpone indefinitely an Ordinance presented to Council on August 16, 2016, and continued to the September 6, 2016 meeting, regarding a two year pilot Income-Qualified Rate (IQR). An affirmative vote on this item will indefinitely postpone the proposed Ordinance and pilot study until such time as further action on the program is initiated. 4. Items Relating to the Vida Sana Grant. (Adopted) A. Resolution 2016-069 Authorizing the City Manager to Execute a Grant Agreement with the Poudre Valley Health Systems Foundation for Delivery of Vida Sana Project Programming. B. First Reading of Ordinance No. 105, 2016, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. The purpose of this item is to approve a Vida Sana sub-grant agreement and appropriate sub-grant funds in the amount of $64,646 from the Colorado Department of Public Health and Environment, through the Poudre Valley Health Systems’ Community Health Improvement Department. The Vida Sana Grant will address the needs of targeted health disparate populations in Fort Collins by allowing specific discounted programming costs for Northside Aztlan Community Center fitness classes, fitness coaching and health screening programs. September 6, 2016 City of Fort Collins Page 94 5. First Reading of Ordinance No. 106, 2016 Appropriating Prior Year Reserves in the Recreation Fund for Therapy Pool Repair and Tile Replacement at the Edora Pool Ice Center and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted) The purpose of this item is to appropriate $600,000 in recreation reserve funds for the Edora Pool Ice Center (EPIC) therapy pool repair and tile replacement. The funds will be used to repair the water leaks discovered in the therapy pool and replace the tile on the natatorium (pool) deck to match the tile throughout the area. This appropriation includes a $6,000 contribution to the APP program. 6. Items Relating to Proposed Design Standards for the I-25/SH 392 Interchange Corridor Activity Center Area. (Adopted) A. Resolution 2016-070 Recommending to the Town Board of Windsor Approval of the Proposed Changes to the Corridor Activity Center Design Standards. B. First Reading of Ordinance No. 107, 2016, Amending Article 3, Division 3.9.12 of the Land Use Code Regarding Corridor Activity Center Design Standards. The purpose of this item is to forward a recommendation to the Windsor Town Board on proposed Corridor Activity Center (CAC) Design Standards for Windsor, east of I-25, and amend to the Land Use Code for proposed changes related to design standards, specifically for the Fort Collins CAC area located west of I-25. 7. Items Relating to Horsetooth Foothills Land Conservation Project. (Adopted) A. Resolution 2016-071 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County for the Horsetooth Foothills Land Conservation Project. B. First Reading of Ordinance No. 108, 2016, Authorizing the Conveyance of a Conservation Easement to Larimer County on Property to be Acquired by the City as Part of the Horsetooth Foothills Land Conservation Project. The purpose of this item is to seek City Council authorization to enter into an Intergovernmental Agreement (IGA) with Larimer County for the Horsetooth Foothills Land Conservation Project. The Project will conserve about 2,726 acres in the foothills south and west of Fort Collins. Ordinance No. 108, 2016 will authorize the conveyance of a conservation easement on 500 acres to Larimer County as required by Great Outdoors Colorado. 8. Resolution 2016-072 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2016 to the Colorado Housing and Finance Authority to Finance the Development and Rehabilitation of Affordable Housing Units. (Adopted) The purpose of this item is to assign the City's 2016 Private Activity Bond capacity to the Colorado Housing Finance Authority for the purpose of constructing and rehabilitating affordable housing rental units in Fort Collins. 9. Resolution 2016-073 Setting the Dates of the Public Hearings on the 2017 and 2018 Proposed City of Fort Collins Biennial Budget. (Adopted) The purpose of this item is to set two public hearing dates on the proposed 2017-2018 biennial budget. The City Charter requires that the City Council set a date for a public hearing on the proposed budget. This Resolution sets that hearing date for the regular Council meeting of September 20, 2016. In an effort to receive further public input, this Resolution sets an additional hearing date for the October 4, 2016, regular Council meeting.  END CONSENT September 6, 2016 City of Fort Collins Page 95  CONSENT CALENDAR FOLLOW-UP Councilmember Stephens thanked Ms. Cohn for speaking regarding affordable housing in regard to Item No. 10, Resolution 2016-072 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2016 to the Colorado Housing and Finance Authority to Finance the Development and Rehabilitation of Affordable Housing Units. Councilmember Overbeck commented on Item No. 6, Items Relating to the Vida Sana Grant.  STAFF REPORTS Kurt Friesen, Park Planning and Development Director, stated the master plan for the Poudre River Whitewater Park project was completed in 2014. He discussed various aspects of the project, including disabled access and a children’s play area. Approximately $8.6 million is available for the project as a whole and the park is planned to be opened in the spring of 2018. Councilmember Overbeck requested an update regarding the Heritage Trail. Friesen replied the City is working with Poudre Heritage Alliance on a trail which would speak to some of the historic elements associated with this project and others. Councilmember Cunniff asked if a name for the park has been considered. Friesen replied the park has been referenced as the Poudre River Whitewater Park tonight. Councilmember Cunniff asked how much private funding has been acquired. Matt Day, Project Manager, replied private fundraising is complete and, in combination with grants and foundation dollars, the release of funds from the Community Capital Improvement fund has been triggered.  COUNCILMEMBER REPORTS Councilmember Cunniff reported on the Housing Authority’s rebranding efforts and renaming to Housing Catalyst. The Authority won the National Award of Excellence for project design by the National Association of Housing and Redevelopment Officials for Redtail Ponds. Councilmember Overbeck thanked the City for its support of the Council Tree dedication site and reported on the Poudre Heritage Alliance national meeting for all 49 Heritage areas in the United States. He reported on a community gathering on diversity and equity issues and discussed meetings regarding safety in the Old Town area. Additionally, he reported on a national conference on addiction disorders. Councilmember Stephens reported on the Affordable Housing working group meeting. Councilmember Martinez reported on a meeting with the Youth Advisory Board and the possibility of YAB members attending the National League of Cities meeting. He announced Fort Collins has achieved a class 2 rating under the National Flood Insurance Program administered by FEMA. He announced the public hearings on the budget on September 20 and October 4. Councilmember Campana reported on the North I-25 expansion luncheon and thanked Mayor Pro Tem Horak for his work on the issue. September 6, 2016 City of Fort Collins Page 96 Mayor Pro Tem Horak stated the I-25 expansion work is beginning now and discussed the local community financial support for the project. Three lanes will exist from the southern entrance to Loveland north to the Mulberry exit and the project should be complete in three to four years. He reported on a meeting with representatives from the Food Truck Alliance. Councilmember Campana reported on a screening of Fort Collins: The Choice City for Whom? Mayor Troxell reported on the groundbreaking at the Twin Silos community park and a meeting with Rodelle. Mayor Pro Tem Horak reported on the Community Welcome event hosted by the City and CSU.  DISCUSSION ITEMS 10. Second Reading of Ordinance No. 103, 2016, Vacating Portions of Right-of-Way as Dedicated on the Sidehill - Filing Two and Bucking Horse Filing Three Plats. (Adopted on Second Reading) This Ordinance, adopted on First Reading by a vote of 5-0 (Campana recused; Stephens absent) vacates various streets dedicated on the Sidehill-Filing Two plat and the Bucking Horse Filing Three plat that are no longer necessary or desirable to retain for street purposes. The right-of-way vacation includes various public streets in an area bounded by Nancy Gray Avenue to the south and Gooseberry Lane to the northwest. The property is proposed to be replatted as Bucking Horse Filing Four. Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 103, 2016, on Second Reading. RESULT: ORDINANCE NO. 103, 2016 ADOPTED ON SECOND READING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak RECUSED: Campana 11. Second Reading of Ordinance No. 100, 2016, Appropriating Prior Year Reserves in the Storm Drainage Fund to Construct the Fort Collins/Timnath Boxelder Creek Flood Mitigation Projects and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted on Second Reading) This Ordinance, adopted on First Reading on August 16, 2016, by a vote of 4-2 (Nays: Cunniff, Overbeck; Stephens absent) appropriates $979,700 from prior year reserves in the Storm Drainage Fund to cover increased project costs due to a number of additional project scope changes necessary to complete the Boxelder Creek Outfall project as it crosses Prospect Road. Eric Sutherland stated a question was posed by Councilmember Overbeck at First Reading regarding Timnath’s financial participation in the agreements. He opposed Timnath’s use of tax increment financing and noted Timnath residents do not pay stormwater fees. September 6, 2016 City of Fort Collins Page 97 Councilmember Overbeck requested clarification regarding Timnath’s payment. Jon Haukaas, Stormwater, replied Timnath has paid the City of Fort Collins $2 million to date. The remaining funds will be billed to Timnath as the work occurs. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 100, 2016, on Second Reading. Councilmember Overbeck stated his questions have been answered and he will be supporting the motion on Second Reading. RESULT: ORDINANCE NO. 100, 2016, ADOPTED ON SECOND READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Horak NAYS: Cunniff 12. First Reading of Ordinance No. 109, 2016, Amending Certain Provisions of the Code of the City of Fort Collins Related to Collection and Disposal of Refuse, Rubbish and Recyclables, and Solid Waste Collection and Recycling Services, including Repealing and Reenacting Chapter 15, Article XV of City Code. (Adopted as Amended on First Reading) The purpose of this item is to consider adoption of the Community Recycling Ordinance (CRO). This ordinance would allow private haulers the option to apply a service surcharge on residential trash and recycling bills; require private haulers to offer optional yard trimming collection to single family customers from April through November for a separate, opt-in fee; require private haulers to provide recycling service to businesses and apartment complexes by 2020; and require grocers to subscribe to compost collection service by the end of 2017. The CRO builds on existing policy and is designed to make progress toward Council’s adopted waste reduction goals. NOTE: Highlighted blanks on page 12 of Ordinance No. 109, 2016, must be completed by adoption of a motion or as part of the vote on the Ordinance. Jeff Mihelich, Deputy City Manager, stated this item supports Council adopted goals on the City’s Road to Zero Waste. Numerous public and stakeholder meetings have occurred leading to many good compromises. Caroline Mitchell, Environmental Planner, stated the community recycling ordinance consists of four key elements and various administrative changes. Haulers have requested the ability to reenact a service surcharge, which will be instituted at the discretion of haulers. Curbside collection of yard trimmings and organic material from single-family homes will also be an option with all haulers. Recycling will be brought to all multi-family and commercial operations in the community by 2020. Mihelich noted the Ordinance includes a specific requirement that staff bring back the organics collection aspect to a work session within the next year. Mayor Troxell asked about the haulers’ preference regarding phase-in. Mihelich replied haulers have requested 100% phase-in by the end of 2020. Kevin Cross, Fort Collins Sustainability Group, stated the Group is generally pleased with the Ordinance in its current form; however, he encouraged the consideration of restaurant and food scraps collection, suggested additional organic material digested at the Drake Water Reclamation September 6, 2016 City of Fort Collins Page 98 Facility be kept separate from the general sewage stream, and urged Council to institute the most ambitious phase-in schedule. Katie Rupsis suggested haulers should consider the implementation of decreased bills and the option of every two-week trash pick-up rather than being allowed to apply a service surcharge. She commended the zero waste goal but suggested it should be advertised more thoroughly. Lynn Wang suggested the zero waste goal should be advertised more thoroughly. Eric Sutherland stated this item does not focus on creating solutions and the market for recyclables is flooded. Councilmember Cunniff requested information regarding the output of the biodigester as discussed by Mr. Cross. Mihelich replied there is a way to isolate some of the restaurant and food waste in a separate treatment system; a more detailed response will be provided. Councilmember Stephens thanked the speakers and commended the suggestions regarding recycling education and advertising. Mitchell replied education is one of the primary roles played by the City and one of the primary recommendations for recycling outreach is a variety of types and regular frequency. Mayor Troxell asked if the community's major haulers provide yard waste options. Mitchell replied one hauler offers it extensively, one to some locations, and the third not at all. Mayor Troxell discussed the Waste Shed Policy Group on which he and Councilmember Cunniff serve and commended the public outreach efforts completed in bringing the ordinance forward. Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 109, 2016, on First Reading, with language amendments to insert 40% goals by 2018 and 100% by 2020. Councilmember Cunniff thanked community members and staff for their work on the item and commended maintaining the “pay as you throw” incline rate and supported an increase in educational efforts. He noted the City sets the rate structure; however, the haulers set the actual rates. Councilmember Overbeck suggested the creation of a short video on recycling for presentation at movie theaters. Councilmember Campana thanked staff for work on the item noting public support is high. Councilmember Martinez commended Deputy City Manager Mihelich for his work with the community's trash haulers. Mayor Troxell commended the public outreach efforts. City Attorney Daggett suggested language which would require staff to return within a year regarding organics recycling and a potential amendment to the ordinance. Mayor Pro Tem Horak suggested the language address a work session rather than an ordinance amendment. September 6, 2016 City of Fort Collins Page 99 Councilmember Cunniff suggested not including that language in this ordinance and Council concurred. RESULT: ORDINANCE NO. 109, 2016, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 13. Second Reading of Ordinance No. 098, 2016, Appropriating Prior Year Reserves in the General Fund to Reimburse Avago Wireless Technologies (U.S.A.) Manufacturing, Inc. For Use Tax and Business Personal Property Taxes as Provided in Business Investment Agreements. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on August 16, 2016, appropriates $413,781 of prior year reserves from the General Fund for a rebate to Avago Wireless Technologies (USA) Manufacturing, Inc. for use tax and business personal property tax rebates under two business investment agreements. The agreements provide business investment assistance to Avago for the expansion and retrofit of Avago’s Building 4 for a wafer fabrication facility in 2012 and for a FBAR clean room facility in 2013. These two projects created an additional 227 primary jobs in the City. Eric Sutherland questioned the need for granting reimbursements to companies for their participation in the local economy and stated there have always been prohibitions against making multiple-year financial obligations. Mayor Troxell asked if Avago has been acquired by Broadcomm. SeonAh Kendall, Economic Health Manager, replied the corporate name is still Avago; however, they are doing business as Broadcomm and payments are going to Avago. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 098, 2016, on Second Reading. Mayor Pro Tem Horak requested information from City Attorney Daggett regarding Mr. Sutherland’s statements that this is illegal. City Attorney Daggett replied Council has adopted a number of policy objectives and goals that relate to the kinds of economic health issues this agreement intended to accomplish. Mayor Pro Tem Horak stated certain things were required of Avago and they have met their part of the agreement; therefore, it is important that the City keep its part of the agreement. RESULT: ORDINANCE NO. 098, 2016, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak September 6, 2016 City of Fort Collins Page 100 14. Second Reading of Ordinance No. 099, 2016, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees and Use Tax. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on August 16, 2016, appropriates $151,316 of prior year reserves for a rebate to Woodward, Inc. for use tax under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters, as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. Eric Sutherland stated these types of appropriations should be made out of reserves in an irrevocable escrow or other means so has to keep future Councils from being obligated to go through this process. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 099, 2016, on Second Reading. RESULT: ORDINANCE NO. 099, 2016, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  OTHER BUSINESS Councilmember Cunniff clarified it is the intent of Council to have staff return within a year to discuss organics composting and recycling. Mayor Pro Tem Horak suggested the presentation of a positive report on the recycling ordinance effort. Motion to waive attorney-client privilege and release a memorandum regarding the Keep Fort Collins Great tax and the Taxpayers' Bill of Rights Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the City Council waive the attorney-client privilege solely with respect to the communications contained in the memo dated September 6, 2016, from the City Attorney to the Mayor and City Councilmembers concerning Keep Fort Collins Great tax ballot question submitted to the voters at the City’s upcoming November 8 special election, and direct the City Attorney to make the specified memo available to the public upon request. Mayor Pro Tem Horak stated this is another aspect of ensuring transparency around this topic. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak September 6, 2016 City of Fort Collins Page 101  ADJOURNMENT The meeting adjourned at 8:06 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk