Upon a motion by Councilman Gerbig and a second by Mayor Pro-Tem Carpenter, the agenda was approved. Motion carried 7-0.

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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 September 4, COUNCILMEMBERS PRESENT FOR ROLL CALL: Mayor Marc A. Snyder Mayor Pro Tem Matt Carpenter Councilman Gary L. Smith Councilwoman Coreen Toll Councilwoman Donna Ford Councilman Mike Gerbig Councilman Randy Hodges COUNCILMEMBERS NOT PRESENT FOR ROLL CALL: None STAFF PRESENT: City Administrator Jack Benson Finance Director Rebecca Davis Planning Director Dan Folke Police Chief Joe Ribeiro Public Works Director Bruno Pothier City Clerk Donna Kast Utilities Clerk Dorris Battista A. CALL TO ORDER Mayor Snyder called the meeting to order at 7:05 pm. B. PLEDGE OF ALLEGIANCE The meeting was opened with a reciting of the Pledge of Allegiance. C. ROLL CALL All members of City Council were present for roll call. D. APPROVAL OF AGENDA Upon a motion by Councilman Gerbig and a second by Mayor Pro-Tem Carpenter, the agenda was approved. Motion carried 7-0. None. E. PUBLIC COMMENT ON NON-AGENDA ITEMS F. CONSENT CALENDAR (These items voted on in one motion) 1. Warrants (Payables) 2. Approval of a Special Event for a Canvas Kickoff Party in Soda Springs Stage and Pavilion from 12:00 p.m. to 6:00 p.m. on Sunday, September 16, 2012 Organizing for America (Annie Schmitt and Carolyn Caplan), Applicant Upon a motion by Councilman Smith and a second by Councilwoman Toll, the Consent Calendar was approved. Motion carried 7-0.

2 September 4, 2012 Regular City Council Meeting Page 2 of 5 City Attorney Jeff Parker was contacted to join the meeting via teleconference. G. NEW BUSINESS 1. Discussion Regarding Red Crags Water Leak and Resulting Water Bill Mr. Benson opened the discussion, and summarized the issue surrounding this water bill. There is a leak on the Red Crags property and the resulting water bill was $9, Mr. Benson advised neither he nor Council have the power to make relief adjustments to the bill other than a payment plan. During the work session, the Council decided to move forward with what was currently in place. Mr. Maddox wanted to speak to Council about the background of the bill. In April 2012, Utility Clerk Dorris Battista reported a possible leak to personnel at Red Crags, and they indicated they were aware of the leak and planned to fix it. The leak appeared to be fixed by the next payment cycle. Another leak was detected in June That resulting bill was $9, Mr. Benson asked the Council to consider an ordinance modification that would allow customer relief for some extraordinary events. Mr. Benson said he felt this particular situation was an extraordinary event. Brett Maddox distributed a memo he created for City Council. Kevin Maddox of Red Crags spoke. He stated that his employees, city employees, and plumbers all looked for the possibility of another leak after the occurrence of the first one, but one was never found. Brett Maddox of Red Crags spoke. He stated Red Crags detected a leak in April and fixed the problem. He said that the Rockledge property experienced a sprinkler system problem that was also fixed. No other repairs were done at the three properties. He stated in late June, Red Crags received a very large water bill that perplexed him as they couldn t find the source of the leak. After receipt of the $9, bill, the bill for the following month was $77.00 due to the water being shut off, and the month after that the bill was approximately $300.00, which was a typical summer water bill for the property. Mr. Dafay spoke in behalf of the Mssrs. Maddox. He stated that he checked the Red Crags plumbing systems himself and could not find any evidence of leaks. Kevin Maddox spoke saying, in his opinion, the water meter was defective. Mr. Benson informed the City Council that no flooding was visible on the ground, although the vault was flooded. He also stated that water was ponding at Peacock Farms. Ms. Battista spoke, referencing her notes from utility billing. She explained her process for courtesy calls to customers with unusual water usage. She stated her first work order for Red Crags was re-reading the water meter. Gerard Starling from the Water Department went to the property on June 22, re-read the meter and noted that the vault was filled with water. Ronnie Huery went to the property on June 26 and noted high water usage via the meter, and the vault was still filled with water. He also received a notice from Peacock Farms saying they were experiencing pooling in their courtyard. Ms. Battista mentioned the ERT, the meter and the register were all replaced on June 28 because they had been under water. There was discussion about water pooling on the Peacock Farm property that could be caused by a leak at Red Crags. Mr. Benson suggested the City have the meter tested to ascertain its accuracy, and asked Council to postpone any action on the item until the testing was complete. Mayor Snyder advised that Council doesn t have the power to waive any portion of a customer s water or sewer bill; however, Council can offer a payment plan. The Mayor also asked that a future worksession be dedicated to crafting an ordinance should a similar situation arise in the future. Mayor Snyder declared that this issue be postponed for a future date.

3 September 4, 2012 Regular City Council Meeting Page 3 of 5 2. Resolution No. 2612, a Resolution Approving the Purchase of Two Cardiac Monitors and Declaring an Official Intent to Reimburse the Expenditure Ms. Davis advised the cardiac monitors were to be included in the lease purchase agreement, which is still being negotiated. Because the cardiac monitor broke and time is of the essence, the monitors must be purchased outside of the lease purchase agreement. Ms. Davis said there was enough money in the capital improvement fund to pay for the two monitors. County Commissioner Sallie Clark suggested applying for an emergency services agency grant for reimbursement of this expense. Upon a motion by Mayor Pro-Tem Carpenter and a second by Councilman Gerbig, Resolution No. 2612, a Resolution Approving the Purchase of Two Cardiac Monitors and Declaring an Official Intent to Reimburse the Expenditure was approved. Motion carried Resolution No. 2712, a Resolution Calling a Special Election for November 6, 2012, Authorizing the Same to be Coordinated with El Paso County, and Submitting Ballot Questions to the Registered Electors of the City at the November 6, 2012 Special Election Mr. Benson said two ballot issues are on the ballot for this election; one being the inclusion of the Manitou Springs Public Library into the Pikes Peak Library District (thus prompting a TABOR issue), and the other seeking permission to use the balance of the El Paso Boulevard/Beckers Lane Park Fund for general parks and recreation purposes as opposed to Fields Park alone. Upon a motion by Councilwoman Toll and a second by Councilwoman Ford, consideration of this item will be held after consideration of the second reading of Ordinance Motion carried Approval to Participate in a Consistent, Countywide Public Relations Campaign as Promoted by the Avenue Task Force Mayor Snyder recognized Welling Clark, head of the Avenue Task Force. Councilwoman Toll led the discussion. She reminded Council that the Taskforce is seeking a commitment from the stakeholders to present a unified message to the public that no handouts will be given to panhandlers. The area will be called a No Solicitation Zone. The City of Colorado Springs will be pursuing this in the form of an ordinance, on which no action has been taken. In the meantime, the Taskforce will start a media campaign to educate the public about the impact of panhandling. Councilwoman Toll stated that solving the problem of panhandling is a community effort. Welling Clark said the project is a multi-jurisdictional issue. He asked the City Council to commit to work with the other authorities of each jurisdiction to work on a multi-media press release campaign about panhandling, with the message do not give panhandlers money. Chief Ribeiro spoke. He explained that endorsement of the Avenue campaign would give approval to use the City s image in Avenue Task Force promotions. County Commissioner Sallie Clark spoke in support of the City s support of the project. Mayor Snyder opined the project needs to be collaboratively with the City of Colorado Springs and El Paso County taking the lead. We are willing participants with the other jurisdictions. Robert King of the El Paso County Sheriff s Department spoke, saying the project will be successful with everyone working together.

4 September 4, 2012 Regular City Council Meeting Page 4 of 5 Mr. Benson asked Mayor Snyder if Commissioner Clark could provide an update on Waldo Canyon. Commissioner Clark reminded the 30 day waiver period for flood insurance expires September 9, FEMA approved El Paso County for a Category B, which covers the fire suppression efforts, not the flooding expense. The County has applied for NRCS mitigation money, but they are out of funding. Commissioner Clark recommended visiting inciweb.org for mitigation recommendations. Mayor Snyder called for a break at 9:12 p.m. Meeting resumed at 9:21 p.m. H. HEARINGS 1. Ordinance No. 1412, an Ordinance Amending Chapter Parking of the Code of Ordinances Concerning the Enforcement of Time Limitations on On-Street Parking in the Downtown Area Within the City of Manitou Springs 2 nd reading Mr. Folke advised no changes had been made to the Ordinance since first reading and was recommended for approval from the Parking Authority Board. Mayor Snyder opened this item for public hearing. No one spoke to this issue. Mayor Snyder closed public hearing. Upon a motion by Mayor Pro-Tem Carpenter and a second by Councilwoman Toll, Ordinance No. 1412, an Ordinance Amending Chapter Parking of the Code of Ordinances Concerning the Enforcement of Time Limitations on On- Street Parking in the Downtown Area Within the City of Manitou Springs was passed on 2 nd reading. Motion carried Ordinance No. 1512, a Special Ordinance Providing for the Inclusion of the City of Manitou Springs into the Pikes Peak Library District, Upon the Affirmative Vote of the Registered Electors of the City of Manitou Springs to Authorize a Tax Levy 2 nd reading Mr. Benson introduced this item. Mayor Snyder opened this item for public hearing. No one spoke to this issue. Mayor Snyder closed the public hearing. Upon a motion by Councilman Gerbig and a second by Councilwoman Ford, Ordinance No. 1512, a Special Ordinance Providing for the Inclusion of the City of Manitou Springs into the Pikes Peak Library District, Upon the Affirmative Vote of the Registered Electors of the City of Manitou Springs to Authorize a Tax Levy was passed on 2 nd reading. Mayor Pro-Tem Carpenter commented he would vote against the Ordinance for the reason he stated at the prior meeting, being he disagrees with the first whereas in the document. Motion passed 6-1 with Mayor Pro-Tem Carpenter voting against the ordinance. 3. Resolution No. 2712, a Resolution Calling a Special Election for November 6, 2012, Authorizing the Same to be Coordinated with El Paso County, and Submitting Ballot Questions to the Registered Electors of the City at the November 6, 2012 Special Election Mayor Snyder opened this item for public hearing. No one spoke to this issue. Mayor Snyder closed public hearing. Upon a motion by Mayor Pro-Tem Carpenter and a second by Councilwoman Toll, Resolution No. 2712, a Resolution Calling a Special Election for November 6, 2012, Authorizing the Same to be Coordinated with El Paso County, and Submitting Ballot Questions to the Registered Electors of the City at the November 6, 2012 Special Election, was accepted. Motion passed 7-0.

5 September 4, 2012 Regular City Council Meeting Page 5 of 5 I. MAYOR S REPORT Mayor Snyder toured the Waldo Canyon burn area with Commissioner Clark and city staff. He described the erosion/flood mitigation that is being put in place. He also spoke of Governor Hickenlooper s recent visit to the burn area and mentioned the State will be providing the City with a new siren. J. RECEIVE OR ACT ON COUNCIL CORRESPONDENCE Councilwoman Ford reported that Joanne Garrison s birthday party would be at the Episcopal Church. Mr. Benson reported a meeting had been arranged with Little London Winds regarding the Soda Springs Park Master Plan. K. CITY COUNCIL LIAISON REPORTS Councilwoman Toll said the zero-waste efforts at the Commonwheel Festival were successful. Eighty percent of materials were diverted back to recycling. Councilman Gerbig reported the Friends of the Library book sale on Labor Day Weekend raised $2,500. None. L. CITY ADMINISTRATOR S REPORT ADJOURNMENT The meeting was adjourned at 9:59 pm. MAYOR AND CITY COUNCIL CITY CLERK

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