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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2015 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE NAgenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY December 15, 2015 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the November 3, November 17 and December 1 Regular Council Meetings and the November 10, 2015 Adjourned Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the November 3, November 17 and December 1, 2015 Regular Council meetings and the November 10, 2015 Adjourned Council meeting. ATTACHMENTS 1. November 3, 2015 (PDF) 2. November 10, 2015 (PDF) 3. November 17, 2015 (PDF) 4. December 1, 2015 (PDF) 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. Huggested 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 but 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 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. Additionally, 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. November 3, 2015 City of Fort Collins Page 270 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. 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 if the Highlands Ranch and Adams County facilities were full or at capacity. 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 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 is 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 from Chief DeMint at PFA in terms of its ability to use the facility. Chief 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 that 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 that training involves deescalating 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 November 3, 2015 City of Fort Collins Page 271 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. 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 or affects its credit rating. Beckstead replied in the affirmative. Councilmember Cunniff asked about the share that new development pays toward existing buildings such as the new Police building. 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 depend on the design and further discussed his concerns and requested additional analyses as part of the design. He stated he would like the following criteria included as the design moves forward: public outreach November 3, 2015 City of Fort Collins Page 272 and feedback regarding the facility and its design and cost, ensuring a low-carbon footprint design, ensuring the design is discussed as the PFA partnership evolves, including the PFA share of cost and design, a discussion of whether certificates of participation or general obligation bonds with a public vote would be preferred, and working to maximize our rental revenue up to the capitalized cost. City Manager Atteberry replied he would respond at Second Reading regarding when those concerns can be addressed. 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. The vote on the motion was as follows: Yeas: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff and Horak. Nays: none. THE MOTION CARRIED. 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 273 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. There is no rate change overall for existing customers. 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 274 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 brining 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 275 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 276 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 277  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 278 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 279 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 City of Fort Collins Page 279 November 17, 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, Jensen  AGENDA REVIEW: CITY MANAGER City Manager Atteberry withdrew Item No. 11, First Reading of Ordinance No. 150, 2015, Vacating Portions of Redwood Street Right-of-Way Consisting of a Portion of Right-of-Way Dedicated on the Replat (No. 1) Evergreen Park plat; the Right-of-Way Dedicated at Book 1607, Page 766 of the Larimer County Records; and a Portion of Right-of-Way Dedicated at Reception No. 20060034597 of the Larimer County Records, from the Consent Agenda for additional work. Councilmember Cunniff withdrew Item No. 10, First Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on Maxwell Natural Area to the Board of Governors of the Colorado State University System, from the Consent Agenda. Councilmember Martinez withdrew Item No. 6, Items Relating to Utility Rates, Fees and Charges for 2016, from the Consent Agenda. Eric Sutherland withdrew Item No. 13, Resolution 2015-100 Supporting the Larimer County Proposal to Use County Mill Levy Funds for Interstate 25 (I-25) Improvements, from the Consent Agenda.  CITIZEN PARTICIPATION Helen Taylor requested the City designate 40 acres at Meadow Springs Ranch as a receiving site for prairie dogs that currently live on the west side of Lemay between Lincoln and Vine and on the New Belgium property. Her relocation group would cover the cost and physical relocation of the prairie dogs. Linda Vrooman discussed the importance of the Pets Forever program and opposed its closure by CSU. Vivian Armendariz discussed the importance of the Pets Forever program and opposed its closure by CSU. Diane Marschke discussed the importance of relocating prairie dogs and requested the City designate land at Meadow Springs Ranch as a receiving site. Dori Aravis discussed the importance of relocating prairie dogs rather than destroying them and requested the City designate land as a receiving site. November 17, 2015 City of Fort Collins Page 280 Kayla Cormack discussed the importance of relocating prairie dogs rather than destroying them and requested the City designate land as a receiving site.  CITIZEN PARTICIPATION FOLLOW-UP Councilmember Overbeck asked if the City has exhausted all its possibilities regarding prairie dog relocation. City Manager Atteberry replied he will return with information after speaking with staff. Mayor Pro Tem Horak stated it may make sense to discuss this issue among all affected parties to ensure the City's policy is on track regarding what to do when prairie dogs are located on developable properties. Councilmember Cunniff requested the information come in an appropriate timeline regarding the redevelopment at Lincoln and Lemay. Councilmember Overbeck asked if there would be a possibility of the City working with the Pets Forever organization in its BFO process. City Manager Atteberry replied it could theoretically be included in a BFO offer; however, he noted the next budgeting cycle will not begin until the spring and the budget will not go into place until January 1, 2017. He added he would further look into the issue. Councilmember Campana suggested adding the Pets Forever issue to the agenda for the next City/CSU liaison meeting.  CONSENT CALENDAR Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the October 20, 2015 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the October 20, 2015 Regular Council meeting. 2. Second 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) This Ordinance, unanimously adopted on First Reading on November 3, 2015, appropriates the City’s 50% share ($549,279) of the annual appropriation for fiscal year 2016 for the Fort Collins- Loveland Municipal Airport budget. 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. The budgeted 2016 Airport November 17, 2015 City of Fort Collins Page 281 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. 3. Second 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) This Ordinance, unanimously adopted on First Reading on November 3, 2015, appropriates $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. 4. Second 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) This Ordinance, unanimously adopted on First Reading on November 3, 2015, requests 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. 5. Items Relating to the Design of the Police Regional Training Facility. (Adopted) A. Second Reading of Ordinance No. 138, 2015, Appropriating Prior Year Reserves in the General Fund of the Design of the Police Regional Training Facility. B. Resolution 2015-102 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the City of Loveland for the Purpose of Sharing the Cost Related to the Design Phase of the Police Regional Training Facility. Ordinance No. 138, 2015, unanimously adopted on First Reading on November 3, 2015, will appropriate funding for 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. Resolution 2015-102 will authorize the Mayor to execute an intergovernmental agreement between the City of Fort Collins and the City of Loveland for the purpose of sharing the cost related to the design phase of the Police Regional Training Facility. 6. First Reading of Ordinance No. 147, 2015, Appropriating Prior Year Reserves in the General Fund to Reimburse Avago Wireless Technologies (U.S.A.) Manufacturing, Inc. For Use and Business Personal Property Taxes as Provided in Business Investment Agreements. (Adopted) The purpose of this item is to appropriate $467,663 of prior year reserves from the General Fund for a rebate to Avago Wireless Technologies (USA) Mfg. 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. November 17, 2015 City of Fort Collins Page 282 7. First Reading of Ordinance No. 148, 2015, Amending the Code of the City of Fort Collins to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the City Code so as to Reflect Inflation in Associated Costs of Services. (Adopted) The purpose of this item is to update the City Code, which requires an annual adjustment to certain building permit related fees. Capital Improvement Expansion fees and Neighborhood Parkland fees are to reflect the changes in the Denver-Boulder-Greeley Consumer Price Index (CPI). Street Oversizing fees are adjusted by the changes posted in the Engineering News Record (ENR). The CPI has increased 1.0% since its last adjustment and the ENR has not changed significantly enough to warrant an adjustment. These increases will go into effect on January 1, 2016. 8. Postponement of First Reading of Ordinance No. 107, 2015, Amending Section 23-130 of the Code of the City of Fort Collins Regarding the Disposition of Lost, Abandoned or Other Unclaimed Property Indefinitely. (Adopted) Staff requests an indefinite postponement of First Reading of Ordinance No. 107, 2015. Adoption of a motion to postpone indefinitely will kill this agenda item. Based on direction from the City Manager’s office, staff will explore and develop a different approach to modifying City Code pertaining to abandoned personal property. Staff will bring the item back to Council for its consideration in the first quarter of 2016. 9. First Reading of Ordinance No. 150, 2015, Vacating Portions of Redwood Street Right-of-Way Consisting of a Portion of Right-of-Way Dedicated on the Replat (No. 1) Evergreen Park plat; the Right-of-Way Dedicated at Book 1607, Page 766 of the Larimer County Records; and a Portion of Right-of-Way Dedicated at Reception No. 20060034597 of the Larimer County Records. (Adopted) The purpose of this item is to vacate portions of Redwood Street right-of-way, located at the northeast corner of Linden/Redwood and Vine Streets, that are no longer needed and that do not contain the existing roadway. 10. Resolution 2015-099 Authorizing the Purchasing Agent to Lease Additional Vehicles and Equipment Under the City's Standard Master Lease Agreement with Pinnacle Public Financing, Inc. For Schedule of Equipment No. 10. (Adopted) The purpose of this item is to request approval of the lease-purchase of vehicles and equipment for the cost of $1,388,000 under the City’s Master Lease Agreement with Pinnacle Public Finance and the “First Amendment” to that Agreement (jointly, the “Agreement”). Quarterly payments of $73,383.24 at the 2.15% interest rate will not exceed $293,532.96 in 2016. Money for 2016 lease- purchase payments is included and will be appropriated as part of the 2016 budget. A competitive process was used to select Pinnacle Public Finance for this Agreement. A 2015 Finance Department analysis of current and historical equipment lease financing arrangements showed that lease- purchase is in the best interest of the City given the interest rate offered for the lease. Staff believes acceptance of this lease rate is in the City's best interest.  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS Kevin Gertig, Utilities Executive Director, stated the City Utilities Department has received the Association of Metropolitan Water Agencies 2015 Gold Award. November 17, 2015 City of Fort Collins Page 283 Beth Sowder, Social Sustainability Director, stated the City has formalized its relationship with Homeward 2020 as a partner in dealing with homelessness issues. Vanessa Fenley discussed family homelessness in Fort Collins and the One Village, One Family program. David Rout, Homeless Gear Executive Director, detalied the One Village, One Family program and its goals for affordable housing, self-sufficiency, and long-term sustainability. Homeless Gear recruits volunteers who work as a 'village' with a family to help secure sustainable, affordable housing, reconnect with the community, and mentor and share life experiences and skills.  COUNCILMEMBER REPORTS Councilmember Overbeck reported on the National League of Cities meeting and his attendance at meetings regarding short-term rentals and golden aging. He reported on the CSU Stadium Advisory committee meeting and asked about the City's role in addressing and mitigating neighborhood concerns regarding the stadium construction process. He suggested the creation of a hotline for citizens to report concerns. Councilmember Campana reported on the National League of Cities meeting, including awards received by Fort Collins. He met with Vice President Joe Biden regarding the It's On Us movement in the city. Councilmember Stephens reported on the National League of Cities meeting and Nashville's model for working with homeless individuals. She reported on the Veteran's Day breakfast at the Senior Center and her attendance at a STEM program at Shepardson Elementary. Councilmember Martinez reported on the Veteran's Day breakfast and celebration at Edora Park. He reported on the SAINT’s banquet, Foothills Mall opening, and Project Smile fundraiser at Bath Nursery, and noted he attended Jack Daniels' 94th birthday celebration. Councilmember Cunniff reported on the SAINT’s banquet and his participation in a panel about solar energy at the National Renewable Energy Lab in Golden. Mayor Pro Tem Horak requested information regarding staff's plans to deal with some of the information from the Nashville homeless program. City Manager Atteberry replied initial meetings with Beth Sowder and Jeff Mihelich regarding funding have occurred and next steps will occur soon. He expressed appreciation for the attendance of Councilmembers at the meeting. Mayor Pro Tem Horak discussed the importance of creating a platform to join cities with private businesses in a shared economy situation for short-term rentals such as VRBO and AirBNB. Mayor Troxell reported on his attendance at the University Communities Council at the National League of Cities meeting and the Foothills Mall opening. November 17, 2015 City of Fort Collins Page 284  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 11. Items Relating to Utility Rates, Fees and Charges for 2016. (Adopted on Second Reading) A. Second 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. Second 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. Second 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. Second Reading of Ordinance No. 143, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Water Plant Investment Fees. E. Second 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 was adopted on First Reading) F. Second 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. Second Reading of Ordinance No. 146, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Stormwater Plant Investment Fees. These Ordinances, unanimously adopted on First Reading on November 3, 2015, set the 2016 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. Councilmember Martinez stated he would like to highlight the City's programs for residents who cannot afford utility bills. Lisa Rosintoski, Customer Connections, discussed the City's payment assistance fund, which is administered by Catholic Charities and funded by customer donations. Additionally, she discussed the medical assistance program and customer outreach program. Eric Sutherland opposed the City's means of shutting off service for non-payment and stated the City should be addressing buildings and housing which can be more energy efficient. Councilmember Cunniff requested information regarding the inability of individuals with delinquent payments to use the on-line bill pay system. Rosintoski replied turn-ons and turn-offs are done remotely and instantaneously; therefore, on-line payments are not as quick to register as those over the phone. She will look into the issue and follow-up regarding paying delinquent bills on-line. Councilmember Cunniff asked about rate smoothing not being an exact science. Lance Smith, Strategic Financial Planning Manager, replied it does involve a bit of forecasting and is not an exact science. Councilmember Cunniff asked if any attempts are made to address issues wherein ratepayers pay more than cost of service due to rate smoothing. Smith replied the process is being amended to November 17, 2015 City of Fort Collins Page 285 look five years into the past and future for water and wastewater rates and stated the next cost of service study will evaluate whether or not rate classes are overpaying. Councilmember Cunniff requested additional follow-up regarding best practices. Councilmember Martinez asked what the rate increases are going toward. Smith replied the light and power adjustment will cover Platte River Power Authority's additional generation costs and expanded services and the wastewater adjustment will fund necessary capital improvements. City Manager Atteberry stated PRPA's Executive Director Jackie Sargent will be contacted and he will provide Council with the exact information at a later time. Councilmember Martinez asked how many individuals participate in the payment assistance fund. Rosintoski replied there are about 339 participants; however, there is likely a need closer to 7,500. Councilmember Martinez noted the importance of public outreach. Councilmember Stephens asked how many households get power turned off each month. Rosintoski replied the average is about 550 per month. Councilmember Stephens suggested the additional fee for turning power back on should be examined in low-income situations. Councilmember Overbeck requested follow-up regarding the number of households which may not have power restored. Councilmember Campana noted the Smart Meter technology is aiding in these issues. City Manager Atteberry discussed the customer service process of outreach leading up to service shut off. Mayor Pro Tem Horak stated PRPA surplus sales have decreased due to the building of additional power plants; therefore, the resulting rate subsidies have decreased. Mayor Troxell discussed the importance of integrating demand-side management through PRPA. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 140, 2015, on Second Reading. RESULT: ORDINANCE NO. 140, 2015, ADOPTED ON SECOND 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. 141, 2015, on Second Reading. November 17, 2015 City of Fort Collins Page 286 RESULT: ORDINANCE NO. 141, 2015, ADOPTED ON SECOND 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. 142, 2015, on Second Reading. RESULT: ORDINANCE NO. 142, 2015, ADOPTED ON SECOND 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. 143, 2015, on Second Reading. RESULT: ORDINANCE NO. 143, 2015, ADOPTED ON SECOND 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 Second Reading. RESULT: ORDINANCE NO. 144, 2015, ADOPTED ON SECOND 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. 145, 2015, on Second Reading. RESULT: ORDINANCE NO. 145, 2015, ADOPTED ON SECOND 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. 146, 2015, on Second Reading. RESULT: ORDINANCE NO. 146, 2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak November 17, 2015 City of Fort Collins Page 287 12. First Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on Maxwell Natural Area to the Board of Governors of the Colorado State University System. (Adopted as Amended on First Reading) The purpose of this item is to authorize conveyance of a permanent easement to Colorado State University on Maxwell Natural Area that will replace a 99-year lease for access to maintain the Aggie “A” on the Natural Area. The Natural Areas Department proposes that the City enter into a permanent easement agreement with the Board of Governors of the Colorado State University System (CSU) on Maxwell Natural Area. The easement will replace a 99-year lease that provided CSU with access to maintain the Aggie “A” on the Natural Area. The easement will also enable CSU and its students to carry out two other group activities that currently require annual permits from Natural Areas. CSU’s current access typically has minimal impact to the Natural Area and no additional impacts are anticipated. No other access rights are to be conveyed. Councilmember Cunniff stated he pulled this item in order to allow for a discussion regarding a shorter-term renewable easement. Brian Hood, Colorado State University Research Foundation, stated the existing lease expires this coming year and an easement has been requested in order to prevent an annual permit process. Councilmember Cunniff supported streamlining the process; however, he suggested a shorter- term duration for the renewable easement. Councilmember Martinez asked why 99 years was selected. John Stokes, Natural Resources Director, replied staff is proposing a permitted easement with no term; however, he stated it is possible to create an easement with a term. Mayor Troxell commented on the history of the painting of the "A," noting the City is a relative late-comer to the discussion. Councilmember Cunniff suggested language changes to the Ordinance which would include detail regarding a term. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 149, 2015, on First Reading, with language indicating the permanent easement should be reexamined every ten years. Councilmember Campana suggested language changes which would allow the easement to automatically renew every ten years unless either party gives notice that it would like a reevaluation. City Attorney Daggett read the new suggested language, which was accepted by Councilmembers Cunniff and Overbeck. RESULT: ORDINANCE NO. 149, 2015, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak November 17, 2015 City of Fort Collins Page 288  DISCUSSION ITEMS 13. Second 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 on Second Reading) This Ordinance, unanimously adopted on First Reading on November 3, 2015, amends the adopted 2016 Budget and set the amount of $563,538,909 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 $566,623,386. The Net City Budget, which excludes the GID No.1, GID No. 15, URA, and internal transfers between City funds, is $448,536,933 for 2016. Eric Sutherland commented on a betrayal of trust between the City and taxpayers and discussed the increase in PFA's budget. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 139, 2015, on Second Reading. Mayor Pro Tem Horak stated the funding formula for PFA still is not being met and its needs are exceeding its budget. RESULT: ORDINANCE NO. 139, 2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 14. Resolution 2015-101 Approving a Construction and Purchase Agreement for the City's Purchase of Parking Spaces in the Proposed Jefferson Street Parking Garage. (Adopted) The purpose of this item is for City Council to consider a resolution authorizing the City Manager to execute a purchase and sale agreement to acquire over 200 public parking spaces. In addition, the Resolution instructs staff to prepare a financing strategy and plan for presentation to City Council late 2016 or early 2017. Josh Birks, Economic Health Director, stated the delivery of this partnership meets a number of City Strategic Plan priorities and approximately 216 spaces in the parking garage will be public. Birks showed slides of the proposed project and discussed the budget and timeline for the project. Additionally, Birks discussed the use of a certificate of participation to fund the City's portion of the project, at a $7.6 million cost, and stated this Resolution would authorize the City Manager to finalize and execute a construction and purchase agreement. Eric Sutherland opposed the use of a certificate of participation for funding and stated the DDA cannot make obligations of tax increment financing under state law. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2015-101. Councilmember Cunniff asked which facilities are available to offer for the certificate of participation. Mike Beckstead, Chief Financial Officer, replied the dialogue has not yet begun in November 17, 2015 City of Fort Collins Page 289 earnest; however, they are typically existing assets with like values. There is a high comfort level with the DDA's ability to contribute to the debt service without being on the note itself. Councilmember Cunniff asked if this agreement will cause money to change hands. Birks replied in the negative stating the construction and purchase agreement contains a clause that it is subject to appropriation. Mayor Pro Tem Horak stated this parking structure will help deal with the lack of spaces downtown and provide an asset to the area. Councilmember Stephens stated the cost per parking space is related to the type of materials desired in Fort Collins. Birks replied the costs are comparable in terms of current market costs for structured parking. Councilmember Cunniff stated he has some concerns about certificates of participation; however, stated he will support this motion. RESULT: RESOLUTION 2015-101 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 15. Resolution 2015-100 Supporting the Larimer County Proposal to Use County Mill Levy Funds for Interstate 25 (I-25) Improvements. (Adopted) The purpose of this item is to provide a Council Resolution supporting Larimer County’s proposal to reassign a portion of its Road and Bridge Levy funds specifically for improvements to I-25 for a period of five years. This proposal does not modify the total mill levy or decrease the amount of Road and Bridge funds shared with Fort Collins. This item supports Council Priority for I-25 funding; Strategic Plan Objective Transportation 6.1, 6.4. Eric Sutherland stated he pulled this item because this provision has many deficiencies regarding state statute and constitutionality. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2015-100. Councilmember Cunniff stated this will aid in getting some critical crossings done sooner, which is important to the community. Mayor Pro Tem Horak commended the County Commissioners for their foresight in moving forward with this idea. Mayor Troxell thanked Mayor Pro Tem Horak for his contributions and work on the North Front Range MPO. Councilmember Stephens stated this is a first step in addressing I-25 congestion. November 17, 2015 City of Fort Collins Page 290 RESULT: RESOLUTION 2015-100 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 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.)  OTHER BUSINESS Councilmember Overbeck suggested the City use the Human Relations Commission to take feedback from citizens regarding racism and discrimination issues. Councilmember Stephens asked if the Social Sustainability department will also be involved in racism and discrimination issues. City Manager Atteberry replied in the affirmative and stated working with the Human Relations Commission is a great start. Councilmember Campana discussed the Co-op and its need for new space. He stated the Co-op's director has asked if its requirement for membership would disqualify it as a potential user of the Trolley Barn and stated he would like to be able to inform the Co-op as to whether or not the Trolley Barn would be a possibility for them. City Manager Atteberry stated the upcoming environmental assessment will take 60 to 90 days and the cost to get the building ready for occupancy is in the $3 million range. Deputy City Manager Mihelich stated the environmental assessments must occur in order to ensure the safety of the space. Following that, a request for proposal process would occur to take bids for occupancy and funding of the space. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to appoint Councilmembers Campana and Horak to represent Council in discussions regarding regionalization prospects and cooperation among water providers. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  ADJOURNMENT Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adjourn the meeting until after the General Improvement District No. 1 meeting, Skyview South General Improvement District No. 15 meeting, and the Urban Renewal Authority meeting in order for the Council to consider a possible Executive Session and such other matters as may come before Council. Yeas: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff and Horak. Nays: none. THE MOTION CARRIED.  EXECUTIVE SESSION AUTHORIZED November 17, 2015 City of Fort Collins Page 291 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the City Council go into Executive Session as permitted under Section 2-31(a)(1) of the City Code and Colorado Revised Statutes 24-6-402(4)(e)(2)(b) for the purpose of discussing the annual compensation of the City Manager, City Attorney and Municipal Court Judge with these employees individually and amongst Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak The meeting adjourned at 9:12 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk City of Fort Collins Page 292 December 1, 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 Item No. 1, Consideration and Approval of the Minutes of the November 3, 2015 Regular Council Meeting and the November 10, 2015 Adjourned Council Meeting, for additional clarification of Councilmember comments. Additionally, he withdrew Item No. 4, Second Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on Maxwell Natural Area to the Board of Governors of the Colorado State University System, for additional dialogue with Colorado State University. He stated Item Nos. 14, Items Pertaining to the Wood Street Second Annexation and Zoning, and 15, Public Hearing and Resolution 2015-107 Making Legislative Findings and Approving a Second Substantial Modification of the Midtown Urban Renewal Plan, are public hearings.  CITIZEN PARTICIPATION Thomas Edwards, Fort Collins Bicycle Coalition, stated bicycling numbers were down from last year, resulting in only a slight decrease in bicycle-related infractions. The City needs to do a better job of patrolling for bicycle-related infractions and bicyclists must be responsible for their actions. Eric Sutherland discussed loans made from the City to the Urban Renewal Authority.  CONSENT CALENDAR Eric Sutherland withdrew Item Nos. 3, Second Reading of Ordinance No. 148, 2015, Amending the Code of the City of Fort Collins to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the City Code so as to Reflect Inflation in Associated Costs of Services, and 13, Resolution 2015-106 Making Legislative Findings and Approving a Non-Substantial Modification of the North College Avenue Urban Renewal Plan, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and approve all items not withdrawn from the Consent Agenda. December 1, 2015 City of Fort Collins Page 293 RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the November 3, 2015 Regular Council Meeting and the November 10, 2015 Adjourned Council Meeting. (Adopted) 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. 2. Second Reading of Ordinance No. 147, 2015, Appropriating Prior Year Reserves in the General Fund to Reimburse Avago Wireless Technologies (U.S.A.) Manufacturing, Inc. For Use and Business Personal Property Taxes as Provided in Business Investment Agreements. (Adopted) This Ordinance, unanimously adopted on First Reading on November 17, 2015, appropriates $467,663 of prior year reserves from the General Fund for a rebate to Avago Wireless Technologies (USA) Mfg. 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. 3. First Reading of Ordinance No. 150, 2015, Appropriating Unanticipated Revenue in the Recreation Fund for Locker Renovation at Edora Pool Ice Center (EPIC). (Adopted) The purpose of this item is to introduce an ordinance to appropriate $57,012 for the construction cost of a locker room at EPIC. The funding for the locker room construction was raised by the CSU club hockey team. Staff will bring to Council for approval upon second reading of the appropriation ordinance an intergovernmental agreement (IGA) between the City of Fort Collins and Colorado State University (CSU) Department of Campus Recreation. The IGA is expected to provide for a renewable 10-year agreement to provide a dedicated locker room for the hockey team. Because CSU is funding the improvements, staff has proposed waiving certain maintenance costs for the new EPIC locker room during the initial term of the IGA. However, it is expected that the University will continue to pay all standard rental and user fees associated with reservation and use of ice time at EPIC. 4. First Reading of Ordinance No. 152, 2015, Appropriating Prior Year Reserves in the Street Oversizing Fund for the Reimbursement of the Construction of Roadway Improvements. (Adopted) The purpose of this item is to appropriate $1,250,000 from the Street Oversizing Fund Prior Year Reserves to cover anticipated reimbursements for the construction by developers of oversized portions of arterial and collector roadway improvements for 2015. 5. First Reading of Ordinance No. 153, 2015, Adopting the 2016 Classified Employees Pay Plan. (Adopted) The purpose of this item is to recommend changes to the City's Classified Employee Pay Plan based on results of the annual market analysis. The City of Fort Collins utilizes a common compensation methodology to assess jobs, combine them into occupational groups and establish pay range structures. The result of this work is a Classified Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges within each occupational group. A detailed analysis of benchmark data is conducted each year to determine if the market is moving sufficiently to recommend structure adjustments. Actual employee pay increases are awarded through a separate administrative process in accordance with the budgeted amount approved by Council. December 1, 2015 City of Fort Collins Page 294 6. First Reading of Ordinance No. 154, 2015, Adopting the 2015 Larimer County Transportation Capital Expansion Fee Schedule. (Adopted) The purpose of this item is to adopt the 2015 Larimer County Transportation Capital Expansion Fee Schedule (Regional Road Fee) as determined by the Intergovernmental Agreement with Larimer County. 7. First Reading of Ordinance No. 155, 2015, Making Various Amendments to the Land Use Code. (Adopted) The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code that are housekeeping and routine in nature that have been identified since the last update in July 2015. 8. First Reading of Ordinance No. 156, 2015, Conditionally Vacating Certain Rights-of-Way Consisting of Portions of Prospect Court and the Alley as Dedicated on G.F. Wiard’s Additional Plat at Reception No. 231427 of the Larimer County Records and Flinn’s Resubdivision Plat of Lots 11, 12 and 13 in Block 1 of G.F. Wiard’s Addition at Reception No. 665972 of the Larimer County Records. (Adopted) The purpose of this item is to vacate portions of the alley and Prospect Court in the block south of Lake Street and north of Prospect Road that are no longer needed. 9. Resolution 2015-104 Approving a Collective Bargaining Agreement with Northern Colorado Lodge #3 of the Fraternal Order of Police. (Adopted) The purpose of this item is to approve a collective bargaining agreement between the City and the Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP) and authorize execution of such agreement. The City and the FOP, using an Interest Based Bargaining (IBB) approach, engaged in negotiations regarding the terms and conditions of a possible bargaining agreement for 2016 and 2017. City staff and the FOP have tentatively reached an agreement. On November 23, 2015, bargaining unit members voted to ratify the proposed agreement. 10. Resolution 2015-105, Establishing a Process for the City Council to Appoint an Additional Commissioner to the Fort Collins Urban Renewal Authority Board when Required by Law. (Adopted) The purpose of this item is to provide a resolution for City Council consideration that describes and adopts the approach to be used by the Mayor and City Council to appoint an additional commissioner to the Urban Renewal Authority Board (the “URA Board”), if needed, as a result of the passage of House Bill 2015-1348. In addition, the Resolution instructs staff to send certified letters to all eligible taxing entities informing them of their future ability to participate in a process for their appointment of commissioners to the URA Board.  CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff stated he will be asking questions of staff relating to how the pay plan compares to market data prior to Second Reading regarding Item No. 7, First Reading of Ordinance No. 153, 2015, Adopting the 2016 Classified Employees Pay Plan. Additionally, he asked what other City employees may also need similar benefits to those received by Police Officers, per Item No. 11, Resolution 2015-104 Approving a Collective Bargaining Agreement with Northern Colorado Lodge #3 of the Fraternal Order of Police. He expressed appreciation for the process as per Item No. 12, Resolution 2015-105 Establishing a Process for the City Council to Appoint an Additional Commissioner to the Fort Collins Urban Renewal Authority Board when Required by Law. December 1, 2015 City of Fort Collins Page 295  COUNCILMEMBER REPORTS Councilmember Martinez reported on the Human Relations Commission awards. Mayor Troxell reported on the Salvation Army Kettle Kick-off. Councilmember Stephens reported on the World AIDS Day Northern Colorado AIDS Project breakfast and a tour of Salud Health Clinic.  DISCUSSION ITEMS 11. Items Pertaining to the Wood Street Second Annexation and Zoning. (Adopted on First Reading) A. Public Hearing and First Reading of Ordinance No. 157, 2015, Annexing Property Known as the Wood Street Second Annexation to the City of Fort Collins, Colorado. B. Public Hearing and First Reading of Ordinance No. 158, 2015, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Wood Street Second Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex and zone a parcel in an enclave at 832 Wood Street. This is a City-initiated request to annex the 16.267 acre parcel #97023-00-034 at 832 Wood Street into the City of Fort Collins. The parcel became an enclave with the annexation of the Pateros Creek subdivision on September 18, 2012. As of September 18, 2015, the City is authorized to initiate and annex the enclave in accordance with Colorado Revised Statute 31-12-106. The Wood Street Second Annexation abuts the City of Fort Collins Utilities building to the north. The requested zoning for this annexation is the Urban Estate (U-E) zone district. The surrounding properties are existing residential, office, park, and light industrial land uses in the City of Fort Collins. Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Mayor Troxell opened the public hearing on the item. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 157, 2015, on First Reading. RESULT: ORDINANCE NO. 157, 2015 ADOPTED ON FIRST READING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak RECUSED: Campana Mayor Troxell closed the public hearing on the item. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 158, 2015, on First Reading. December 1, 2015 City of Fort Collins Page 296 RESULT: ORDINANCE NO. 158, 2015, ADOPTED ON FIRST READING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak RECUSED: Campana 12. Public Hearing and Resolution 2015-107 Making Legislative Findings and Approving a Second Substantial Modification of the Midtown Urban Renewal Plan. (Adopted) The purpose of this item is for City Council to consider two modifications of the Midtown Urban Renewal Plan (the “Midtown Plan”). One modification amends wording in the Midtown Plan to clarify that the Plan identifies and describes only one urban renewal project. The other modification will reduce the Midtown Plan area by removing territory not currently in either of the two approved tax increment financing (TIF) districts within the Midtown Plan (Prospect South and Foothills Mall). Adoption of this Resolution is the final step to enact these two modifications. Mayor Troxell opened the public hearing on the item. Josh Birks, Economic Health Director, discussed the history of the Midtown Urban Renewal Plan and stated this item would exclude that area which is within the Midtown Plan but not currently within a tax increment district. Staff is recommending this change as a result of a change by the State Legislature and to insulate existing tax increment areas from changes that may occur if the City continues to pursue urban renewal elsewhere in the Midtown Plan area. Eric Sutherland stated it might be worthwhile to remove the provision of the plan that allows for the exercise of eminent domain in order to improve public trust. Kurt Kunigge stated his business is within the affected area and questioned the meaning of the term "blight remediation prevention." Councilmember Campana requested a staff response to Mr. Kunigge's comments. Birks replied the intent of the Urban Renewal Plan is to assist in moving forward with blight remediation. He discussed the characteristics which define blight and stated the fundamental purpose of an Urban Renewal Plan is to aid in refreshing the area and helping to deliver on the City's Comprehensive Plan. The power of eminent domain has not been used by the Urban Renewal Authority and would not be used lightly. Councilmember Campana stated part of the importance of the Plan is to improve public infrastructure and encourage private investment in properties. Birks replied that is the intent of the Urban Renewal Plan and stated there are complimentary relationships which can be formed with private-sector investors. Councilmember Cunniff stated it is important to leave the eminent domain provision in the Plan due to potential unforeseen events which may cause public safety risks. Mayor Troxell closed the public hearing on the item. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2015-107. December 1, 2015 City of Fort Collins Page 297 RESULT: RESOLUTION 2015-107 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 13. First Reading of Ordinance No. 160, 2015, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Compensation of the Municipal Judge. (Adopted on First Reading) The purpose of this item is to set the 2016 salary for the Municipal Judge. Market data and performance are considered when determining City employee compensation. City Council met in executive session on November 10, 2015 to conduct the annual performance review of Municipal Judge, Kathleen Lane. Market data has been provided to Council and the employee. This Ordinance establishes the 2016 salary of the Municipal Judge. Janet Miller, Assistant Human Resources Director, discussed the City’s compensation philosophy and the benchmark data collected for the three direct Council employees. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 160, 2015, on First Reading, to include the amounts of $113,740 and $139,719. Mayor Pro Tem Horak stated this is a 4% increase and commended the work of the Judge, noting the Municipal Court runs extremely efficiently. Councilmembers Campana and Martinez and Mayor Troxell commended the work of Judge Lane. RESULT: ORDINANCE NO. 160, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 14. First Reading of Ordinance No. 161, 2015, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Compensation of the City Attorney. (Adopted on First Reading) The purpose of this item is to set the 2016 salary for the City Attorney. Market data and performance are considered when determining City employee compensation. City Council met in executive session on November 10, 2015 to conduct the annual performance review of City Attorney, Carrie Daggett. Market data has been provided to Council and the employee. This Ordinance establishes the 2016 salary of the City Attorney. Mayor Pro Tem Horak made a motion, seconded by, to adopt Ordinance No. 161, 2015, on First Reading, with the inclusion of the amounts of $180,841 and $215,970. Mayor Pro Tem Horak commended the work of City Attorney Daggett and her management of the City Attorney's Office. Councilmember Campana commended the continuous improvement of the City Attorney's Office and City Attorney Daggett. Councilmember Martinez and Mayor Troxell commended City Attorney Daggett's work. Councilmember Stephens thanked City Attorney Daggett for her assistance and work. December 1, 2015 City of Fort Collins Page 298 RESULT: ORDINANCE NO. 161, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 15. First Reading of Ordinance No. 162, 2015, Amending Section 2-596 of the Code of the City of Fort Collins and Setting the Compensation of the City Manager. (Adopted on First Reading) The purpose of this item is to establish the 2016 salary of the City Manager. Market data and performance are considered when determining City employee compensation. City Council met in executive session on November 10, 2015 to conduct the annual performance review of City Manager, Darin Atteberry. Market data has been provided to Council and the City Manager. This Ordinance establishes the 2016 salary of the City Manager. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 162, 2015, inserting the amounts of $249,736 and $303,260. Mayor Pro Tem Horak stated this 2% increase is in line with what other City employees are receiving and commended the work of City Manager Atteberry. Councilmember Cunniff stated this increase is in line with increases organization-wide; therefore he will support the motion. Councilmember Overbeck stated he too would support the motion and commended City Manager Atteberry's performance. Councilmembers Campana, Martinez and Stephens commended the work, commitment and professionalism of the City Manager. Mayor Troxell commended City Manager Atteberry's support of Council and work in building and developing the organization. RESULT: ORDINANCE NO. 162, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 16. Second Reading of Ordinance No. 148, 2015, Amending the Code of the City of Fort Collins to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the City Code so as to Reflect Inflation in Associated Costs of Services. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on November 17, 2015, updates the City Code, which requires an annual adjustment to certain building permit related fees. Capital Improvement Expansion fees and Neighborhood Parkland fees are to reflect the changes in the Denver-Boulder-Greeley Consumer Price Index (CPI). Street Oversizing fees are adjusted by the changes posted in the Engineering News Record (ENR). The CPI has increased 1.0% since its last adjustment and the ENR has not changed significantly enough to warrant an adjustment. These increases will go into effect on January 1, 2016. December 1, 2015 City of Fort Collins Page 299 Eric Sutherland stated the City should discontinue collecting expansion fees for the purpose of funding Poudre Fire Authority and commented on Timnath's lack of financial support for the Fire Authority. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 148, 2015, on Second Reading. Councilmember Cunniff agreed with Mr. Sutherland's assessment of Timnath's abuse of tax increment financing; however, he stated he would support the motion as the services benefit Fort Collins. RESULT: ORDINANCE NO. 148, 2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 17. Second Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on Maxwell Natural Area to the Board of Governors of the Colorado State University System. (Postponed to December 15, 2015) This Ordinance unanimously adopted on First Reading on November 17, 2015, authorizes conveyance of a ten-year renewable easement to Colorado State University on Maxwell Natural Area that will replace a 99-year lease for access to maintain the Aggie “A” on the Natural Area. The Natural Areas Department proposed that the City grant a permanent easement to the Board of Governors of the Colorado State University System (CSU) on Maxwell Natural Area. On First Reading, Council amended the Ordinance to authorize the City to enter into a ten-year easement agreement with CSU that will automatically renew for successive ten-year terms, unless either party elects to terminate the easement after notice to the other party. The easement will also enable CSU and its students to carry out two other group activities that currently require annual permits from Natural Areas. CSU’s current access typically has minimal impact to the Natural Area and no additional impacts are anticipated. No other access rights are to be conveyed. Minor edits have been made to the Ordinance language consistent with Council’s amendments on First Reading and are shown in the Ordinance. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone Ordinance No. 149, 2015, to December 15. Yeas: Martinez, Stephens, Campana, Troxell, Horak, Cunniff and Overbeck. Nays: none. RESULT: ORDINANCE NO. 149, 2015, POSTPONED TO DECEMBER 15, 2015 [UNANIMOUS] MOVER: Gerry Horak, District 6 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 18. Resolution 2015-106 Making Legislative Findings and Approving a Non-Substantial Modification of the North College Avenue Urban Renewal Plan. (Adopted) The purpose of this item is modify wording in the North College Avenue Urban Renewal Plan (the “Plan”) to clarify that the Plan authorizes and describes only one “urban renewal project,” as this term is defined and used in the urban renewal laws. December 1, 2015 City of Fort Collins Page 300 Eric Sutherland commented on the absurdity of making this change as a result of the new State Legislation, stating the basic accounting of the Urban Renewal Authority is completely inconsistent with what state law requires. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2015-106. Mayor Pro Tem Horak noted the North College Urban Renewal Area and Plan have been very successful. RESULT: RESOLUTION 2015-106 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  OTHER BUSINESS Mayor Pro Tem Horak requested staff input regarding possibly extending the closing time of marijuana businesses to 8:00 PM. Councilmember Campana discussed the recent increase in development review submittals, noting there is no limit on the number of complete project submittals per week. He suggested additional efficiencies could be created by moving to an electronic submittal process. Councilmembers Cunniff and Martinez supported the movement toward electronic submittals. City Manager Atteberry stated the intention of development review is to have predictable, reliable, responsive services, and commented on the City's move toward paperless processes. He stated he would provide an action plan regarding the process. Councilmember Campana discussed a missing process regarding moving dirt in the city, stating stockpile permits only allow piling of dirt rather than processing. Additionally, he noted a stockpile permit cannot currently be granted while a project is in the development review process. He requested and received Council support to direct staff to look into the issue. Councilmember Cunniff discussed possible revisions to the stormwater mitigation code and a possible alternative compliance to its requirement for impervious pavers.  ADJOURNMENT The meeting adjourned at 7:18 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk