COUNCILMEMBERS NOT PRESENT FOR ROLL CALL:

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1 A Regular Meeting of the Manitou Springs City Council was held in the City Council Chambers, 606 Manitou Avenue, Manitou Springs, Colorado, on August 18, COUNCILMEMBERS PRESENT FOR ROLL CALL: Mayor Marc A. Snyder Mayor Pro Tem Coreen Toll Councilman Gary L. Smith Councilwoman Donna Ford Councilman Randy R. Hodges Councilwoman Becky Elder Councilwoman Nicole Nicoletta COUNCILMEMBERS NOT PRESENT FOR ROLL CALL: STAFF PRESENT: City Administrator Jason Wells City Attorney Jeff Parker Planning Director Wade Burkholder Planner Karen Berchtold Finance Director Rebecca Davis Police Chief Joe Ribeiro Public Services Director Greg Springman Flood Recovery Manager Shelley Cobau Flood Recovery Construction Observer Isaac Brisk Flood Recovery Grant Administrator Lizabeth Jordan Flood Recovery Project Manager Sarah Hartley City Clerk Donna Kast A. CALL TO ORDER Mayor Snyder called the meeting to order at 7:03 pm. B. PLEDGE OF ALLEGIANCE The meeting opened with the Pledge of Allegiance. C. ROLL CALL All members of City Council were present for roll call. D. APPROVAL OF AGENDA Mayor Snyder suggested moving Item N up on the agenda to be considered immediately following the City Administrator Report and Items I.7 and I.8 to be considered immediately following Item. I.1. Upon a motion by Mayor Pro Tem Toll and a second by Councilman Hodges, the agenda was unanimously approved as amended. Motion carried 7-0. None E. PUBLIC COMMENT ON NON-AGENDA ITEMS F. CONSENT CALENDAR 1. Warrants

2 AUGUST 18, 2015 Regular City Council Meeting Page 2 of 6 Upon a motion by Mayor Pro Tem Toll and a second by Councilwoman Ford, the Consent Calendar was unanimously approved as presented. Motion carried 7-0. G. FLOOD MITIGATION REPORT Shelley Cobau informed City Council that on September 29, the military would be providing volunteers to assist with flood debris cleanup; specifically with woody debris removal at Cave of the Winds. Mayor Pro Tem Toll requested that some of the volunteers be assigned to assist with the Fountain Creek cleanup project. Ms. Cobau announced that there would be an open house at the new flood recovery team offices next to the Public Works complex on Friday, August 21 at 11:30 am. She then introduced the new flood recovery team: Isaac Brisk, Dr. Lizabeth Jordan, and Sarah Hartley. Ian Patan, with Wright Water Engineers, spoke about the recent flooding event and compared it with the August 2013 event. He stated that during the August 2013 event, the City received less than 1.4 inches of rain in 30 minutes but experienced significant damage. At last Monday s event, the City received 1.7 inches in 30 minutes. This was a larger event, but the damage wasn t as severe. The reason for the improvement was the recovering water shed and the fact that much of the debris had been captured in the upper debris net. Although some floatable debris got through, much of it was subsequently caught in the overflow spillway. Mr. Paton noted that two years ago, the box culvert had been completely plugged by floatable debris so what was experienced this year was an improvement. However, despite advances already made, more needed to be done to capture more of the woody debris and floatable materials. In the meantime, the community needed to be aware that although much progress had been made, there was still a potential for additional flooding events and precautions were needed to keep life and property safe. H. CITY ADMINISTRATOR REPORT Jason Wells gave a brief overview of the evening s meeting and introduced those in the audience who would be presenting information. Mr. Wells provided an update on the LotSpot pilot program that had previously been approved by City Council. He stated that the program had not yet been implemented and suggested that it would be prudent to postpone implementation until next year. He stated the reason for his recommendation was that it would be preferable to collect a full season of statistics for the study instead of beginning the program in the middle of the year. On another subject, Mr. Wells suggested that it would be prudent to provide training to advisory board volunteers. He noted that CML offered a formal training program that would most likely prove very beneficial. Mr. Wells spoke about the need to standardize a process to be used for making parking management decisions. He noted that suggestions on how to better manage parking was frequently offered to Staff but the City didn t currently have an efficient way to process those suggestions. He suggested that it might be advisable to have the City Attorney craft regulations that could be added to the City Code on how to better implement parking management decisions. At this time, Mayor Snyder skipped to Item N. N. FINANCE DIRECTOR REPORT Rebecca Davis provided a General Fund Summary and Revenue Detail report as of August 14, She noted that the City s financial position was healthy and that sales tax revenue had been increasing. General Fund department expenditures were mostly in line with the budget and the General Fund was in good shape. Sales tax was up approximately 8.4% excluding pot revenues and up 80% after adding in those revenues. I. NEW BUSINESS 1. Introduction: Micro-Feasibility Analysis Kurt Johnson, of Telluride Energy, presented a PowerPoint presentation regarding the feasibility of implementing

3 AUGUST 18, 2015 Regular City Council Meeting Page 3 of 6 hydropower in Manitou Springs. He noted that the findings of the study were that implementation would be technically and economically feasible. The estimated construction cost was $322,900, with a cash investment of $32,000 from the City. The balance could be borrowed at an interest rate of 2% for a term of 20 years. Mr. Johnson stated that the benefit of using hydropower would include an offset on the demands of the water treatment plant as well as reduced rates from Colorado Springs Utilities. Following the presentation, it was the consensus of City Council to move forward with this project. At this time, Mayor Snyder introduced Item. I.8. I.8. Presentation of the Upper Fountain Creek/Cheyenne Creek Flood Restoration Master Plan Larry Small, Executive Director of the Fountain Creek Watershed, Flood Control and Greenway District, showed a PowerPoint presentation regarding an Upper Fountain and Cheyenne Creek Flood Restoration Master Plan. He noted that the project stakeholders were a 17-member coalition, including the City of Manitou Springs, City of Colorado Springs, El Paso County, and other local entities. The presentation outlined the goals and processes included in the master plan. At this time, Mayor Snyder introduced Item I.7. I.7. A Request from the Fountain Creek Watershed Protection District for a Contribution from Manitou Springs Upon a motion by Mayor Pro Tem Toll and a second by Councilwoman Elder a $1,250 contribution to the Fountain Creek Watershed Protection District was unanimously approved. Motion carried Request for Funding for Structural Assessments for Bridges and Other Infrastructure Damaged in the May Event Upon a motion by Mayor Pro Tem Toll and a second by Councilwoman Elder, $50,000 in funding for structural assessment of bridges and other infrastructure was unanimously approved. Motion carried Request for City to Serve as Applicant for State Historic Fund Grant Application Manitou Avenue Michael Barsotti and Priscilla Barsotti Stachel Wade Burkholder explained that the applicants were requesting the City to apply for a State Historical Fund grant on their behalf. The funds were to be used to pay for exterior restoration work on the property at Manitou Avenue. Mr. Burkholder explained that private property owners were not eligible to apply to the State Historical Fund; rather, these grants must be requested by, and awarded to, governmental entities. Applicant Michael Barsotti noted that the Wheeler Building was very visible to Manitou Springs visitors and suggested that its restoration would benefit the City as well as increase safety. Co-applicant Pricislla Barsotti Stachel spoke about the history of the building and spoke about the importance of preserving it. Upon a motion by Councilwoman Elder and a second by Councilwoman Ford, the request for the City to serve as an applicant for the State Historic Fund Grant was unanimously approved contingent upon both parties entering into an acceptable grant contract. The motion carried Presentation by Planning Interns Regarding Land Use and Housing Inventory Planner Karen Berchtold introduced two new planning department interns. Ms. Berchtold and the interns showed a PowerPoint presentation that explained the reasons that their services were required. Those items included the need to (1) update land use and housing date, (2) provide data for the framework of a 2015 master plan, (3) increase efficiency for GIS capabilities and (4) create human data collection and classification. The ultimate goal was to create a future land use map.

4 AUGUST 18, 2015 Regular City Council Meeting Page 4 of 6 5. Discussion Regarding the Demolition of 717 Midland Avenue Wade Burkholder reminded City Council that on May 7, 2015, the City ordered a Notice and Demand to Abate Nuisance on the property at 717 Midland Avenue. The Demand ordered the nuisance to be abated on or before May 17, The Notice stated that if the nuisance was not voluntarily abated by the deadline, the City may, at its option (1) cause the abatement work to be done and charge the cost and expense against the Property or its owner, and/or (2) seek abatement of the nuisance in court, subjecting the owner, upon conviction, to possible fines in an amount of $2,650 for each day the nuisance existed on the Property. Mr. Burkholder stated that Staff was requesting authorization to seek abatement of the nuisance in court, to track possible fines from any court order, to solicit three bids for the demolition of the structure by the City and to assess all expenses as a lien against the Property. It was the consensus of City Council to follow the recommendation of Staff. 6. Approval of Amendments to the May 2014 Well Construction and Reimbursement Agreement with SunWater Ventures, LLC Upon a motion by Councilwoman Nicoletta and a second by Councilwoman Elder, the amendments to the May 2014 Well Construction and Reimbursement Agreement with SunWater Ventures, LLC was unanimously approved. Motion carried A Request from the Fountain Creek Watershed Protection District for a Contribution from Manitou Springs This item was considered earlier in the meeting. 8. Presentation of the Upper Fountain Creek/Cheyenne Creek Flood Restoration Master Plan This item was considered earlier in the meeting. 9. Discussion Regarding Financial Participation in the Ruxton Canyon Use and Impact Study in the Amount of $4,667 Wade Burkholder explained that the purpose of the impact study was to evaluate the current uses, congestion, quality of life and environmental issues of the Ruxton Canyon corridor from Ruxton Avenue/Manitou Avenue to the Barr Trail. On behalf of the Friends of Ruxton Canyon, Ken Jaray spoke in support of participation. Upon a motion by Councilwoman Elder and a second by Councilman Hodges, financial participation in the Ruxton Canyon Use and Impact Study in the amount of $4,667 was unanimously approved. Motion carried Approval of a Full and Final Release with CIRSA in Regards to Damages Related to the Sinking of Memorial Hall It was the consensus of City Council to wait for the results of a structural analysis on the retaining wall before voting to approve this release. No action was taken. 11. Update on SAS Proposal for Downtown/BID Security Services Police Chief Joe Ribeiro informed City Council that when he contacted the Colorado Springs police department regarding a reference on SAS, a positive reference had been provided. He stated that using the services of SAS would promote a continuity of operations since it was the same security company used by Colorado Springs. On the other hand, Chief Ribeiro stated that he had been contacted by the County Sheriff s office who offered to provide one deputy for the same cost of two security officers from SAS. Chief Ribeiro stated that, in addition to cost savings, no binding contract with the Sheriff s office would be required. However, if we contracted with SAS, the City would be obligated for a minimum of

5 AUGUST 18, 2015 Regular City Council Meeting Page 5 of 6 three months. 12. Authorize the Mayor to Enter into a Services Contract with Strategic Alliance Security Upon a motion by Councilwoman Nicoletta and a second by Councilman Smith, the Mayor was authorized to enter into a services contract with Strategic Alliance Security. Motion carried Update on Municipal Traffic Management Protocols The item was passed over as it was discussed earlier in the meeting. 14. Emergency Ordinance No. 3415, an Emergency Ordinance of the City of Manitou Springs, Colorado, Imposing a Moratorium on Requests for Incentive Awards for Properties Within the Historic District 1 st reading Jeff Parker stated that this ordinance placed a 6-month moratorium on requests for incentive awards in order to allow the City time to review the incentive program to ensure that it was in the best interests of the City and its citizens. Upon a motion by Mayor Pro Tem Toll and a second by Councilwoman Elder, Emergency Ordinance No was unanimously approved at 1 st reading as presented. Motion carried 7-0. J. HEARINGS 1. Ordinance No. 2615, an Ordinance of the City of Manitou Springs, Colorado, Amending Title 18 of the Manitou Springs Municipal Code to Conform to Section 6409(A) of the Spectrum Act Concerning Non- Substantial Changes to Telecommunications Facilities 2nd reading Upon a motion by Councilwoman Nicoletta and a second by Councilwoman Ford, Ordinance No was unanimously approved at 2nd reading as presented. Motion carried Ordinance No. 3315, an Ordinance Submitting to the Electors of the City of Manitou Springs Seven Ballot Questions Amending Provisions of the City of Manitou Springs Charter 2 nd reading Jeff Parker presented the ordinance and outlined the proposed revisions to the City Charter that were contained therein. In response to the discussion of question 6, Mr. Parker suggested that the question be revised to read as follows: SHALL CHAPTER XI, MUNICIPAL BORROWING, OF THE HOME RULE CHARTER OF CITY OF MANITOU SPRINGS BE REMOVED IN ITS ENTIRETY SO THAT THE CITY S BORROWING AND DEBT PRACTICES WILL BE GOVERNED BY THE TAXPAYER S BILL OF RIGHTS AND COLORADO LAW? Upon a motion by Mayor Pro Tem Toll and a second by Councilwoman Nicoletta, Ordinance No was unanimously approved at 2nd reading as amended by Jeff Parker. Motion carried 7-0. K. MAYOR S REPORT Mayor Snyder reported that the City of Manitou Springs would be hosting a District 4 CML meeting at Adams Mountain Café on September 21. L. RECEIVE OR ACT ON COUNCIL CORRESPONDENCE Councilwoman Nicoletta suggested that, based upon complaints that she had been receiving from constituents, it would be advisable to hold a worksession on trash and recycling throughout the downtown area. M. CITY COUNCIL LIAISON REPORTS Mayor Pro Tem Toll reported on last week s Affordable Housing Task Force meeting.

6 AUGUST 18, 2015 Regular City Council Meeting Page 6 of 6 N. FINANCE DIRECTOR REPORT This item was considered earlier in the meeting. O. PLANNING DIRECTOR REPORT Wade Burkholder announced that an open space potluck would be held on August 27. On another subject, Mr. Burkholder stated that a press release from El Paso County stated that work on Colorado Avenue would begin August 24. Lastly, Mr. Burkholder reported on the El Paso County CDBG grant application process. P. FUTURE AGENDAS September 1, 2015 Regular Meeting September 8, 2015 Worksession September 15, 2015 Regular Meeting ADJOURN With no further business to conduct, Mayor Snyder concluded the meeting at 10:53p.m. MAYOR AND CITY COUNCIL CITY CLERK

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