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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/01/2015 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE NAgenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY December 1, 2015 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the November 3, 2015 Regular Council Meeting and the November 10, 2015 Adjourned Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the November 3, 2015 Regular Council meeting and the November 10, 2015 Adjourned Council meeting. ATTACHMENTS 1. November 3, 2015 (DOCX) 2. November 10, 2015 (DOCX) City of Fort Collins Page 261 November 3, 2015 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 withdrew Consent Agenda Item No. 12, Resolution 2015-094 Approving and Adopting an Updated Energy Policy, for additional staff work and consideration by the Energy Board. Additionally, he noted the word “Chairperson” has been replaced with “Chair” regarding the Airport Commission bylaws in Item No. 13, Resolution 2015-095 Approving the Bylaws of the Northern Colorado Regional Airport Commission. City Manager also noted Ginny Sawyer will be providing a staff report on public engagement opportunities.  CITIZEN PARTICIPATION Useon Choi, Fort Collins Symphony, thanked the City and played a clarinet piece. Wes Kenney, Fort Collins Symphony Music Director, thanked Council for its support of the Symphony and announced an event this Saturday. He suggested the acoustics at the Lincoln Center should be improved. Lynn Barker noted Council will be discussing camping issues at its November 17 th meeting and stated emergency shelters are open. Additionally, she expressed concern regarding homeless individuals not knowing about shelters or fearing utilizing them. Lynn Thompson, Fort Collins Homeless Coalition, thanked Beth Sowder for her work related to the camping issue and suggested changes to the Code relating to camping on private property and sleeping in parked vehicles. She expressed concern that the proposed camping ordinance language is ambiguous. Cheryl Distaso, Fort Collins Community Action Network, thanked Beth Sowder for her work and expressed concern regarding the current draft of the camping ordinance. She suggested the possibility of postponing consideration of the ordinance to the same date as the ordinance relating to abandoned property.  CITIZEN PARTICIPATION FOLLOW-UP Councilmember Stephens thanked the speakers from the Fort Collins Symphony and requested a future update on discussions relating to the acoustics at the Lincoln Center. Additionally, she requested staff input regarding public outreach efforts for the camping ordinance. Jeff Mihelich, Deputy City Manager, replied outreach has occurred with the Fort Collins Homeless Coalition, Homeward 2020 and other groups. November 3, 2015 City of Fort Collins Page 262 Councilmember Cunniff expressed concern regarding enforceability of the camping ordinance and requested additional staff follow-up on that issue. Mayor Pro Tem Horak noted outreach has occurred in order to address those types of issues. City Manager Atteberry and Mihelich agreed and stated the draft language has been provided well before consideration of the ordinance in order to allow for public outreach and potential modifications. Councilmember Cunniff asked about the reason for the November 17th timeline. Mihelich replied this issue has been on the minds of community members and discussed the three large changes. He noted a more robust discussion regarding enforceability will occur.  CONSENT CALENDAR Brittany Hoaglund withdrew Item No. 7, Second Reading of Ordinance No. 134, 2015, Making Certain Amendments to Section 17-142 of the Code of the City of Fort Collins Related to Public Nudity, from the Consent Agenda. Eric Sutherland withdrew Item Nos. 4, Second Reading of Ordinance No. 131, 2015, Amending Section 25-75(a) of the Code of the City of Fort Collins to Extend the Expiration Date of the City's 0.25% Street Maintenance Sales and Use Tax as Approved by the Voters at the City's April 7, 2015, Regular Election and to Correct an Error in the Expiration Date of the City's 0.85% Sales and Use Tax Increase Approved by the Voters at the City's November 2, 2010, Special Election, and 10, First Reading of Ordinance No. 137, 2015, Authorizing the City Manager and the Mayor to Enter Into an Agreement Regarding the City Ditch, Including the Quit Claim of a Portion of the City Ditch and the Granting of an Updated Easement Across the Waterworks Property, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Second Reading of Ordinance No. 128, 2015, Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority Relating to the Annual Appropriations for the Fiscal Year 2016 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year 2016. (Adopted) This Ordinance, unanimously adopted on First Reading on October 20, 2015, sets the Downtown Development Authority (DDA) Budget. The following amounts will be appropriated: DDA Public/Private Investments & Programs $ 725,394 DDA Operations & Maintenance $ 791,717 Revolving Line of Credit Draws $ 2,100,000 DDA Debt Service Fund $ 4,521,012 November 3, 2015 City of Fort Collins Page 263 The Ordinance sets the 2016 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since tax year 2002. The approved Budget becomes the Downtown Development Authority’s financial plan for 2016. 2. Second Reading of Ordinance No. 129, 2015, Appropriating Prior Year Reserves in the Downtown Development Authority Fund for Expenditure on Projects and Programs in Fiscal Year 2015 in Accordance with the Downtown Plan of Development. (Adopted) This Ordinance, unanimously adopted on First Reading on October 20, 2015, appropriates unanticipated revenue from interest earnings in the amount of $13,508 and from project savings in the amount of $63,836 for a total appropriation of $77,344 for use by the Downtown Development Authority. The Downtown Development Authority Board has authorized the expenditure of these funds for various DDA projects and programs in fiscal year 2015. 3. Second Reading of Ordinance No. 130, 2015, Appropriating Prior Year Reserves in the Transit Services Fund and Prior Year Reserves in the Transportation Fund and Authorizing the Transfer of Appropriations into the Capital Projects Fund and Appropriating Therein for the Mason Corridor Project for the Purchase of Two Rapid Transit Buses. (Adopted) This Ordinance, unanimously adopted on First Reading on October 20, 2015, appropriates and transfers $1,473,887 to help pay for two recently-delivered Bus Rapid Transit (BRT) 60-foot Compressed Natural Gas (CNG) buses for MAX. The total cost for the two buses is $1,734,598 and the balance will be paid from an existing Capital Projects Fund appropriation of $260,711. The requested funding sources and amounts are as follows: Transportation Fund Reserves in the amount of $741,288; and Transit Fund Reserves in the amount of $732,599. The appropriated amounts will then be transferred to the Capital Projects Fund. 4. Second Reading of Ordinance No. 132, 2015, Amending Section 25-65 of the Code of the City of Fort Collins to Change the Application Filing Deadline for the City's Manufacturing Equipment Use Tax Rebate Program. (Adopted) This Ordinance, unanimously adopted on First Reading on October 20, 2015, amends City Code Section 25-65 to change the deadline for filing an application for the manufacturing equipment use tax rebate (MUTR) with the City from December 31st to June 30th. 5. Second Reading of Ordinance No. 133, 2015, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Houska Automotive Rezoning. (Adopted) This Ordinance, unanimously adopted on First Reading on October 20, 2015, rezones one parcel of land, 1005 Riverside Drive, near the southwest corner of the Riverside Drive and Lemay Avenue intersection. Existing zoning is N-C, Neighborhood Commercial District. Proposed zoning is C-L, Limited Commercial District. The parcel is 2.5 acres in size and is currently vacant. 6. First Reading of Ordinance No. 135, 2015, Adopting the 2016 Budget and Appropriating the Fort Collins Share of the 2016 Fiscal Year Operating and Capital Improvement Funds for the Fort Collins-Loveland Municipal Airport. (Adopted) The 2016 annual operating budget for the Airport totals $931,890, and will be funded from Airport operating revenues, contributions from the Cities of Fort Collins and Loveland ($177,500 from each City), and interest earnings. This Ordinance appropriates the City of Fort Collins 50% share of the 2016 Airport budget, which totals $465,945. This Ordinance also appropriates the City’s 50% share of capital funds, totaling $83,334 for the Airport from Federal and State grants; contributions from Fort Collins and Loveland; and the Airport General Fund. The budgeted 2016 Airport capital funds, totaling $166,668, will be used to complete a major Airport improvement including the second phase of the construction of a snow removal equipment storage facility. November 3, 2015 City of Fort Collins Page 264 7. First Reading Ordinance No. 136, 2015, Appropriating Prior Year Reserves in the General Fund to Reimburse Custom Blending, Inc. For Use Taxes and Business Personal Property Taxes as Provided in the Business Investment Agreement. (Adopted) The purpose of this item is to appropriate $13,130 of prior year reserves in the General Fund for a rebate to Custom Blending for use tax and business personal property tax rebates under an agreement approved by City Council on August 20, 2013 (Resolution 2013-073). The Agreement provides business investment assistance for the expansion of Custom Blending’s manufacturing facility and investment in additional manufacturing equipment. Custom Blending has retained or created 63 primary jobs in the city. 8. Resolution 2015-093 Finding Substantial Compliance and Initiating Annexation Proceedings for the Lodgepole Investments, LLC, Annexation. (Adopted) The purpose of this item is to initiate annexation proceedings for the Lodgepole Investments LLC properties, located 670 feet southwest of the intersection of I-25 and State Highway 392, addressed as 7795 and 7801 SW Frontage Road, Fort Collins, CO. The applicant, Lodgepole Investments, LLC has submitted a written petition requesting annexation of two properties and right-of-way, totaling 39.7 acres. The requested zoning for this annexation is G-C, General Commercial. The property is located within the Fossil Creek Reservoir Area Plan and the I-25/SH 392 Corridor Activity Center (CAC) overlay area. The requested zoning district is in compliance with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. A specific project development plan proposal is not included with the annexation application. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. 9. Resolution 2015-094 Approving and Adopting an Updated Energy Policy. (Adopted) The purpose of this item is to adopt the 2015 Energy Policy (Policy), presented to Council at the September 22, 2015 work session. The Policy will replace the existing 2009 Energy Policy. In alignment with Ordinance No. 098, 2011, the scope of the Policy has expanded from past versions to include various types of energy sources and end-uses delivered within the community, which include electricity, natural gas and transportation fuels. The Policy update was timed to allow for coordination with the Climate Action Plan Framework (CAP) and associated goals adopted by Council earlier in 2015. The Policy provides goals for the prioritization of decision making, programs and services related to the quantity of use and the energy sources for electricity, thermal end-uses and transportation. The Policy uses a systems approach to energy production and consumption, as well as triple bottom line metrics (economy, society, and environment) guiding City government in the development of plans promoting policy outcomes for residents, businesses and other type of organizations. 10. Resolution 2015-095 Approving the Bylaws of the Northern Colorado Regional Airport Commission. (Adopted) The purpose of this item is to adopt the bylaws governing the responsibilities and duties of the Northern Colorado Regional Airport Commission. November 3, 2015 City of Fort Collins Page 265 11. Resolution 2015-096 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation for Construction of the Mulberry Street Bridge Across the Poudre River. (Adopted) The purpose of this item is to authorize the Mayor to execute an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT). This action will provide a repayment mechanism for City improvements currently being constructed by CDOT as part of the State Highway 14 Bridge over the Poudre River between Riverside and Lemay Avenue Project. All repayment funds associated with the IGA have been previously appropriated. Funds for the City’s urban design improvements were appropriated through Council actions (Ordinance Nos. 112, 2012 and 153, 2014). Repayment funds associated with the City of Fort Collins Wastewater Facility frontage improvements will be paid from City of Fort Collins Wastewater Funds and Street Oversizing Funds. Total funding amounts are as follows:  Mulberry Bridge Urban Design Improvements Funds - $647,000  City of Fort Collins General Transportation Funds - $75,000  City of Fort Collins Wastewater Funds - $318,000  Street Oversizing Funds - $70,000  Total Amount to be Repaid - $1,110,000 12. Resolution 2015-097 Designating a Voting Delegate and Alternate Delegate for National League of Cities Annual Business Meeting. (Adopted) The purpose of this item is to officially designate a voting delegate and alternate delegate who are eligible to vote on behalf of the City at the National League of Cities (NLC) annual business meeting. NLC bylaws afford voting rights at the annual business meeting to member communities based upon population. Delegates will vote on changes to NLC bylaws, election of members of the Board of Directors and member resolutions.  CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff requested follow-up to a question he had emailed regarding Item No. 8, First Reading of Ordinance No. 135, 2015, Adopting the 2016 Budget and Appropriating the Fort Collins Share of the 2016 Fiscal Year Operating and Capital Improvement Funds for the Fort Collins-Loveland Municipal Airport. Mayor Pro Tem Horak stated the withdrawn Item No. 12, Resolution 2015-094 Approving and Adopting an Updated Energy Policy, will come back as a stronger policy. Mayor Troxell discussed Item Nos. 8, First Reading of Ordinance No. 135, 2015, Adopting the 2016 Budget and Appropriating the Fort Collins Share of the 2016 Fiscal Year Operating and Capital Improvement Funds for the Fort Collins-Loveland Municipal Airport, and 13, Resolution 2015-095 Approving the Bylaws of the Northern Colorado Regional Airport Commission, and noted the new bylaws are the first step in the new Airport structure.  STAFF REPORTS Ginny Sawyer, City Manager’s Office, announced a Community Issue Forum on Thursday discussing “Wicked” Problems and stated these forums address Council and community priorities relating to neighborhood livability and public engagement. November 3, 2015 City of Fort Collins Page 266  COUNCILMEMBER REPORTS Councilmember Campana attended a meeting of the model United Nations at Fossil Ridge High School. Councilmember Martinez discussed the distribution of coats and boots at Laurel Elementary by the North Fort Collins Business Association, the Boards and Commissions appreciation dinner, a meeting with the Windsor Town Council regarding the I-25/Highway 392 IGA, and the Group Publishing awards ceremony. Councilmember Overbeck reported on the Group Publishing awards ceremony, noting $61,000 in award money was distributed. Mayor Pro Tem Horak reported on the distribution of coats and boots at Putnam and Irish Elementary Schools, noting 25% of the students at Putnam qualify for these types of assistance. He noted the importance of assisting homeless children in the community. Councilmember Cunniff reported on the bison reintroduction ceremony at Soapstone Prairie Natural Area. Mayor Troxell reported on the meeting with the Windsor Town Council, the bison re- introduction ceremony, and the Boards and Commissions recognition dinner.  DISCUSSION ITEMS 13. First Reading of Ordinance No. 138, 2015, Appropriating Prior Year Reserves in the General Fund for the Design of the Police Regional Training Facility. (Adopted on First Reading) The purpose of this item is to seek adoption of the appropriation ordinance to fund the design phase of the Police Regional Training Facility. The request is for $810,000 and authorization for funding for the Fort Collins portion of the design phase. City Manager Atteberry briefly discussed the work which has gone into making this best-in-class facility happen. Deputy Police Chief Cory Christensen outlined the plan for the facility and stated the current cost is approximately $18.5 million, to be split with the City of Loveland. He discussed the areas within the Strategic Plan which are supported by this facility development and noted training facilities have been lacking in Fort Collins. Completion is slated for early 2018. Mike Beckstead, Chief Financial Officer, noted the $18.5 million includes the design cost and discussed the financing plan and operation and maintenance costs. He outlined the possible scenarios based on varying revenue and rent amounts. Councilmember Cunniff asked if data on comparable training costs from other Front Range cities exists. Christensen replied Boulder and Lakewood have comparable hourly training needs. Councilmember Cunniff asked about land lease costs. Beckstead replied the intent is for the land lease to replace the City’s current contributions to the Airport. November 3, 2015 City of Fort Collins Page 267 Councilmember Cunniff expressed concern regarding the range costs. Beckstead replied it is not the intent for comparable facilities to cover capital costs with rental costs. Councilmember Cunniff asked how full the ranges are at the Highlands Ranch and Adams County facilities. Christensen replied it is very difficult to find training times to meet the City’s needs at either facility during the week. Councilmember Cunniff asked whether or not a closer facility with rental rates in the $900 range would be used. Christensen replied it would be difficult to say. Councilmember Cunniff noted there is a possibility of the City being able to rent out its facility at a rate covering capital costs. Beckstead replied the rental rates can be increased as rental capacity gets consumed. Councilmember Cunniff requested formalizing that intent in order to eliminate the feeling of subsidizing other user organizations. Councilmember Campana asked if the fully-loaded rental rate would include financing costs. Beckstead replied in the affirmative. Councilmember Overbeck asked if the municipal bond estimates are based on a triple A rating. Beckstead replied that applies to general obligation bonds and stated the City is rated as a triple A issuer; however, the certificates of participation may or may not be rated triple A when they are issued. Additionally, he noted the estimates are intentionally conservative. Councilmember Stephens asked if the proposed driving pad would hold up to the weight of Poudre Fire Authority vehicles. Chief Hutto replied the current design will not hold up to the weight of a fire truck; however, PFA has expressed some interest in making necessary design changes. Councilmember Martinez requested information about PFA’s ability to use the facility. Fire Chief Tom DeMint replied PFA has expressed an interest in discovering the costs of improving the driving range for fire truck weights, as have neighboring community fire departments. Councilmember Martinez asked how police training balances physical training with community relations. Christensen replied officers train every month on a wide variety of topics, with skills- based training taking up approximately half of the total training time. Much of the training involves de-escalating situations without the use of force. The remaining training time is spent in a variety of other types of training. Chief Hutto noted there are occasions where low- frequency training involves high-liability issues. Councilmember Martinez asked about Loveland’s Council support for the facility. Loveland Police Chief Luke Hecker replied the City of Loveland has unanimously allocated $1 million for a Loveland stand-alone firing range project and has vowed to move forward with Fort Collins in the development of the training facility as a 50/50 partner. He stated Loveland’s ten-year capital plan holds a strategy for cash servicing the cost of this facility and noted Loveland’s Council does not have to vote on the approval of this facility again as it has already done so unanimously. November 3, 2015 City of Fort Collins Page 268 Councilmember Campana asked about Loveland’s commitment to the facility design costs. Chief Hecker replied Loveland has allocated design costs for 2016 and has created a strategy in its ten-year capital plan for cash servicing the entire capital cost. Councilmember Cunniff asked if the money has been appropriated. Chief Hecker replied the dollars have been allocated in the capital plan and the Loveland Council will need to appropriate funds once a construction design is complete. City Manager Atteberry noted that is the case with Fort Collins, as well. Councilmember Martinez asked how the Police building was financed. City Manager Atteberry replied it was also financed with certificates of participation. Councilmember Martinez stated the viability of a partnership with PFA needs to be discussed. Councilmember Overbeck asked if the certificate of participation counts against the City's debt. Beckstead replied in the affirmative. Councilmember Cunniff asked about the share new development pays toward existing buildings. Beckstead replied the current asset value, divided by population or some other unit, is involved in the creation of the capital expansion fee. Councilmember Cunniff asked when the police fee structure was last updated. Beckstead replied new fees were adopted in 2013 and another revision is planned for 2016. Councilmember Cunniff asked about the schedule for fee adjustments. Beckstead replied fees are brought forth for CPI adjustments annually and a complete evaluation of fees is scheduled on a three to five year basis and will occur in 2016. Councilmember Overbeck asked about the public engagement process regarding this facility. Ken Cooper, Loveland Facilities Operations Manager, replied door-to-door visitations in the area were held and one neighbor was in opposition to the project. Councilmember Overbeck asked why an open house was not held. Cooper replied an open house was held at the Airport with four people in attendance. Councilmember Overbeck stated a more robust public conversation should have occurred, including information on the financial aspects of the plan. Cooper noted part of the project plan is to reach back out to neighbors with an additional update. Councilmember Martinez noted this item is specifically for the design and Council will vote on the appropriation for the construction in the future. Councilmember Martinez made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 138, 2015, on First Reading. Councilmember Cunniff stated his ultimate vote on the actual project may be dependent on the design and further discussed his concerns and requested additional analyses as part of the design. City Manager Atteberry replied he would respond at Second Reading regarding when those concerns can be addressed. November 3, 2015 City of Fort Collins Page 269 Councilmember Overbeck requested the inclusion of habitat protection, if necessary. Mayor Pro Tem Horak discussed the importance of a governance agreement with Loveland and supported the outreach Loveland has done, given the facility will be physically located in Loveland. Councilmember Martinez stated the future costs of this type of expansion would be far greater and discussed the importance of proper training, noting it is a mandate, not an option. Additionally, he noted the costs have decreased in the “right-sizing” of the facility. Mayor Pro Tem Horak thanked Chief Hecker and Chief Hutto, as well as the City of Loveland, and noted the City's police officers have identified this as a priority. Councilmember Stephens noted the importance of an IGA and also supported examining LEED certification. Mayor Troxell stated the facility is needed. RESULT: ORDINANCE NO. 138, 2015 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak (Secretary's note: The Council took a brief recess at this point in the meeting.) 14. First Reading of Ordinance No. 139, 2015, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2016; Amending the Budget for the Fiscal Year Beginning January 1, 2016, and Ending December 31, 2016; and Fixing the Mill Levy for Fiscal Year 2016. (Adopted as Amended on First Reading) The purpose of this item is to amend the adopted 2016 Budget and set the amount of $563,376,909 to be appropriated for fiscal year 2016. Including the 2016 adopted budgets for the General Improvement District No. 1 (“GID No. 1”) of $193,877, the Skyview General Improvement District No. 15 (“GID No. 15”) of $1,000, and the revised Urban Renewal Authority (URA) budget of $2,889,600, the total City appropriations amount to $566,461,386. The Net City Budget, which excludes the GID No.1, GID No. 15, URA, and internal transfers between City funds, is $448,374,933 for 2016. City Manager Atteberry discussed Council’s adopted priorities, infrastructure investments, and improved internal systems. In terms of Council priorities, this budget recommendation moves the Climate Action Plan forward, invests in maintaining a sense of place in neighborhoods, initially implements Nature in the City, and provides additional resources for neighborhood traffic calming devices. The recommendation aids vulnerable populations in various ways and drives innovation with the first phase of implementation of the Information Technology Open Data Portal. These budget amendments aid in maintaining high quality services for residents. Mike Beckstead, Chief Financial Officer, further detailed financial aspects of these amendments. City Manager Atteberry noted City Attorney Daggett has put together a Budgeting for Outcomes offer for one FTE which, at Council's direction, will be included in the Second Reading of the Ordinance. November 3, 2015 City of Fort Collins Page 270 Chrissy Krumb thanked Council for making the creation of safe bus stops a priority. Eric Sutherland opposed the inclusion of the Urban Renewal Authority budget within the City's budget. Additionally, he commented on the budget process and revenues. Marilee Boylan thanked Council for its consideration to prioritize mid-cycle funding for a full- time staff member to focus on and begin the process of making the City's bus stops accessible. Councilmember Cunniff requested information on the cost to transform all of the City's operations to carbon-neutral operations. He asked if the increase for employee benefits is in line with other governmental entities and private employers in the region. Kelly DiMartino, Assistant City Manager, replied the increase is in line with what has been done in the past and stated 70%/30% is the employer/employee split for employees with dependents and 85%/15% is the split for employee-only plans. She stated these amounts are consistent with market data. Councilmember Campana made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 139, 2015, on First Reading, with the inclusion of Offer 67.1 from the City Attorney. Councilmember Cunniff acknowledged this is a large mid-cycle budget, but noted these are all important community priorities. City Manager Atteberry stated the City is very attentive to both the public and private sector markets in terms of compensation and benefits. Councilmember Stephens stated this budget, while large, provides a safer and healthier community. She thanked the speakers who came forth to support the bus stop improvements. Mayor Troxell stated he would support the motion and commended the budget and process. RESULT: ORDINANCE NO. 139, 2015, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 15. Items Relating to Utility Rates, Fees and Charges for 2016. (Adopted on First Reading) A. First Reading of Ordinance No. 140, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges. B. First Reading of Ordinance No. 141, 2015, Amending Chapter 26 of the Code of the City of Fort Collins Regarding Calculation and Collection of Development Fees Imposed for New or Modified Electric Service Connections. C. First Reading of Ordinance No. 142, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Water Rates, Fees and Charges. D. First Reading of Ordinance No. 143, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Water Plant Investment Fees. November 3, 2015 City of Fort Collins Page 271 E. First Reading of Ordinance No. 144, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Wastewater Rates, Fees and Charges. (Option A or Option B) F. First Reading of Ordinance No. 145, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Sewer Plant Investment Fees. G. First Reading of Ordinance No. 146, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Stormwater Plant Investment Fees. The purpose of this item is for Council to consider adopting rate changes for electric and wastewater rates, and electric capacity fees, water plant investment fees (PIFs), wastewater PIFs and stormwater PIFs, along with other Code clarifications and formatting changes. Randy Reuscher, Utilities Rate Analyst, stated four of the ordinances are related to monthly utility bills which will impact existing customers, and four ordinances relate to plant investment fees and the electric capacity fee. In terms of electric rates, the City is faced with a $4 million increase in the wholesale cost for 2016 and the proposed increase is just a wholesale pass- through at 3.2%. For wastewater rates, there are two proposed options and staff is recommending a 2.5% residential increase and 4.5% commercial increase. There are no proposed rate changes for water or stormwater rates. Eric Sutherland discussed the Boxelder Stormwater Authority and fees and commented on the need for a time-of-use rate structure. Councilmember Martinez asked what these changes will mean to the average residential rate payer. Reuscher replied there is approximately a $3 increase per customer per month for all four services. Councilmember Cunniff requested additional information regarding the staff recommended option for wastewater rates and asked if there would be a point at which the average matches the cost of service. Reuscher replied full cost of service rates occurred in 2014. Councilmember Martinez asked how individuals with limited discretionary spending would compensate for these increases. Reuscher replied Council will be presented with a low-income rate structure option in February. Mayor Pro Tem Horak asked if there are existing programs for utility bill assistance. Reuscher replied in the affirmative. November 3, 2015 City of Fort Collins Page 272 Councilmember Martinez expressed concern regarding the ease of participating in these programs. Reuscher replied the medical-assistance program application can be completed on- line and community outreach has occurred to market that program. Councilmember Martinez asked if the rate increases involve additional personnel. Reuscher replied the development of the low-income rate will involve a comprehensive outreach program and noted the assistance program at this point is focused on the medical program. In terms of the factors driving the rate increase, they are not labor related, but more regarding equipment replacement and maintenance and capital investments. Councilmember Martinez requested a definition of comprehensive outreach. Reuscher replied the outreach would consist of having public forums, online marketing, and monthly bill inserts. City Manager Atteberry stated additional, more detailed information regarding the outreach program could be provided. Councilmember Martinez discussed the importance of making this an easy process for individuals who make not have access to the types of outreach mentioned. City Manager Atteberry asked when the rate increases become effective. Reuscher replied they would become effective January 1, 2016 and stated a low-income rate has been in the works for over a year; the administration of such a rate is the difficulty at this point. Councilmember Martinez discussed the importance of keeping the workforce in Fort Collins and expressed concern about the consistent rate increases for those households. City Manager Atteberry stated staff is very cognizant of bringing rate increases forward and oftentimes do not bring increases forward. Council held a brief discussion regarding the importance of outreach for these types of programs across the board and the possible addition of other programs. Councilmember Martinez requested some follow-up to his concerns prior to Second Reading. City Manager Atteberry replied that will occur. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 140, 2015, on First Reading. RESULT: ORDINANCE NO. 140, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 141, 2015, on First Reading. November 3, 2015 City of Fort Collins Page 273 RESULT: ORDINANCE NO. 141, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 142, 2015, on First Reading. RESULT: ORDINANCE NO. 142, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 143, 2015, on First Reading. RESULT: ORDINANCE NO. 143, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 144, 2015, Option A, on First Reading. Councilmember Cunniff expressed concern that a full public discussion on the smooth modeling has not occurred. Reuscher replied this option is not meant to be a subsidy, but is simply a smoothing of the rate classes for the residential class. Mayor Pro Tem Horak suggested additional information be presented regarding the options prior to Second Reading. RESULT: ORDINANCE NO. 144, 2015, OPTION A, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 145, 2015, on First Reading. November 3, 2015 City of Fort Collins Page 274 RESULT: ORDINANCE NO. 145, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 146, 2015, on First Reading. RESULT: ORDINANCE NO. 146, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 16. Resolution 2015-098 Directing City Staff to Participate in the Ongoing Colorado Oil and Gas Commission Rulemaking Related to the Governor's Oil and Gas Taskforce Recommendations 17 and 20 Endorsing and Adopting the Prehearing Statement Prepared by the City. (Adopted) The purpose of this item is to consider a prehearing statement and provide staff direction for the Colorado Oil and Gas Conservation Commission rulemaking. Dan Weinheimer, Policy and Project Manager, discussed the state-level changes relating to the oil and gas industry and detailed items supported by staff and staff’s proposed changes to the draft rules issued by the state. Monty Knobel asked if fracking and drilling will be allowed within the City limits. Weinheimer replied this is state-level rule making being undertaken by the Oil and Gas Conservation Commission. He stated the City does not have the authority to say no to oil and gas and this will provide the opportunity for additional engagement regarding the siting of oil and gas facilities. Councilmember Cunniff supported the item as being consistent with Council’s legislative intent. Councilmember Campana supported the item and thanked Councilmember Cunniff for his suggestion to bring the item forward in this format. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2015-098. RESULT: RESOLUTION 2015-098 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak November 3, 2015 City of Fort Collins Page 275  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 17. Second Reading of Ordinance No. 131, 2015, Amending Section 25-75(a) of the Code of the City of Fort Collins to Extend the Expiration Date of the City's 0.25% Street Maintenance Sales and Use Tax as Approved by the Voters at the City's April 7, 2015, Regular Election and to Correct an Error in the Expiration Date of the City's 0.85% Sales and Use Tax Increase Approved by the Voters at the City's November 2, 2010, Special Election. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on October 20, 2015 amends Section 25- 75(a) of the City Code to reflect the appropriate tax expirations dates as approved by the electors. The expiration date of the street maintenance tax will reflect the extension to December 31, 2025. The expiration date for the Keep Fort Collins Great (KFCG) tax increase of .85% needs to be corrected to December 30, 2020. Eric Sutherland took exception to the language stating this was approved by voters and suggested the ballot question was misleading. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 131, 2015, on Second Reading. RESULT: ORDINANCE NO. 131, 2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 18. Second Reading of Ordinance No. 134, 2015, Making Certain Amendments to Section 17-142 of the Code of the City of Fort Collins Related to Public Nudity. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on October 20, 2015, updates Section 17- 142 of the City Code to read as “Public Nudity” rather than “Public Indecency,” and maintains the current prohibition of the exposure of the female breast in public, excluding from this prohibition children under the age of ten and breastfeeding mothers. There has been a slight modification to the language between First and Second Reading. The words “areola and” have been added before the word “nipple”. Aaron Hoaglund provided a history of toplessness in the United States and opposed adoption of the ordinance as written. Tyson Roehrkasse questioned the language in the ordinance and opposed it as written. Samantha Six questioned Council regarding pornography and equality. Brittany Hoaglund challenged the definition of breasts in the ordinance. Lea Hanson, Women’s Commission, supported Option 2 of the ordinance presented on October 20, as it would eliminate holding women to a different code of conduct than men. Tom Elliott supported Option 1 of the ordinance as written, citing the public comment at the previous Council meeting. Monty Knobel supported Option 1 of the ordinance as written. Trey Marchel stated more attention should be paid to other issues, such as homelessness. November 3, 2015 City of Fort Collins Page 276 Elise Roehrkasse discussed equal rights stating this ordinance, as written, opposes the State Constitution and United States Constitution. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 134, 2015, on Second Reading. Mayor Troxell thanked the individuals who spoke. Councilmember Cunniff noted this ordinance makes important changes regarding nursing mothers and stated the community has spoken regarding this issue. Mayor Pro Tem Horak stated the constitutionality of this issue can be decided by courts and a referendum can be brought forth by citizens to change the ordinance. Councilmember Stephens thanked the speakers and stated community support is around option one. RESULT: ORDINANCE NO. 134, 2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 19. First Reading of Ordinance No. 137, 2015, Authorizing the City Manager and the Mayor to Enter Into an Agreement Regarding the City Ditch, Including the Quit Claim of a Portion of the City Ditch and the Granting of an Updated Easement Across the Waterworks Property. (Adopted on First Reading) The purpose of this item is to request approval of a proposed agreement between the City, the Larimer County Canal No. 2 Irrigating Company (“Ditch Company”), and The James S. Brinks Trust formed under the Trust Agreement dated November 30, 2007 (“Trust”), the quit claim of a portion of the City Ditch, the granting of an updated easement across the Waterworks property, and the City’s acquisition of carriage rights. Eric Sutherland stated errors were made in this transaction and discussed historical property rights. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 137, 2015, on First Reading. Mayor Pro Tem Horak supported the work of City Attorney Daggett on this item. Councilmember Cunniff asked if the Brinks Trust is agreeable to this arrangement. City Attorney Daggett replied in the affirmative. Councilmember Martinez and Mayor Troxell commended City Attorney Daggett on her work. November 3, 2015 City of Fort Collins Page 277 RESULT: ORDINANCE NO. 137, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  OTHER BUSINESS Mayor Troxell noted the City’s ballot issue relating to broadband service was approved by voters.  ADJOURNMENT Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn to 6:00 p.m. on Tuesday, November 10, 2015, to consider a possible executive session to discuss the annual performance reviews of the City Manager, City Attorney and Municipal Judge, and to consider such other matters as may come before the Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak The meeting adjourned at 10:08 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk City of Fort Collins Page 278 November 10, 2015 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM  CALL MEETING TO ORDER  ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Winkelmann Executive Session Authorized Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to go into executive session, as permitted under Section 2-31(a)(1) of City Code and Colorado Revised Statutes Section 24-6-402(4)(f)(I), for the purpose of discussing the annual performance reviews of the City Manager, City Attorney and Municipal Judge. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  ADJOURNMENT The meeting adjourned at 9:08 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk