MANITOU SPRINGS CITY COUNCIL REGULAR MEETING AGENDA Manitou Springs City Council Chambers City Hall, 606 Manitou Avenue

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1 MANITOU SPRINGS CITY COUNCIL REGULAR MEETING AGENDA Manitou Springs City Council Chambers City Hall, 66 Manitou Avenue COUNCIL Term Expires Mayor Nicole Nicoletta Jan. 2, 218 At-Large Gary L. Smith (Mayor Pro Tem) Jan. 7, 22 At-Large Becky Elder Jan. 7, 22 At-Large Jay Rohrer Jan. 7, 22 Ward 1 Randy R. Hodges Jan. 2, 218 Ward 2 Coreen Toll Jan. 2, 218 Ward 3 Bob Todd Jan. 2, 218 MAY 16, 217 6: P.M. THE CITY COUNCIL MAY TAKE ACTION ON ANY OF THE FOLLOWING AGENDA ITEMS AS PRESENTED OR MODIFIED PRIOR TO OR DURING THE MEETING, AND ITEMS NECESSARY TO EFFECTUATE THE AGENDA ITEMS A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. PUBLIC COMMENT ON NON-AGENDA ITEMS (Please limit comments to two-three minutes) - This time is reserved for members of the public to make a presentation to City Council on items or issues that are not scheduled on the agenda. As a general practice, the City Council will not discuss/debate these items nor will City Council make any decisions on items presented during this time; rather they may refer the items to staff for follow up. F. PIKES PEAK RANGE RIDERS AND PIKES PEAK OR BUST RODEO PRESENTATION BY 217 GIRL OF THE WEST JAMIE TYLER AND 217 AIDE TO GIRL OF THE WEST SIERRA SILVA G. CONSENT CALENDAR 1. Warrants 2. Approval of the Minutes of the May 2, 217 Special City Council Meeting 3. Approval of the Minutes of the May 2, 217 Regular City Council Meeting 4. Approval of a Special Event in Soda Springs Park and Pavilion from 1: a.m. 4: p.m. on Saturday, July 15 th, 217, for Paws for Celebration and for Approval to Hang a Banner over the CDOT Right-of- Way from July 1 st, to July 15 th, 217 (or from July 1 th to July 15 th, 217 if there is a conflict with another request) - Safe Place for Pets (Linda Pulman) Applicant 5. Approval of a Special Event August 14 th, - August 2 th, 217 for The Pikes Peak Marathon and for Approval to Hang Pole Banners and a CDOT right- of- way Banner from August 1 st - August 21 st (or from 7 th to August 21 st if there is a conflict with another request) - Pikes Peak Ascent & Marathon (Ron Ilgen) Applicant 6. Approval of a Special Event in Soda Springs Park from 7: a.m. - 12: p.m. on July 16 th, 217 for Barr Trail Mountain Race- Pikes Peak Marathon (Ron Ilgen)-Applicant The City of Manitou Springs does not discriminate on the basis of disability in the admission to, access to, or operations of programs, services or activities. Reasonable accommodation will be provided to ensure equal access to all. Individuals who would like to request auxiliary aids or services should contact ADA Coordinator Donna Kast at (719) or dkast@comsgov.com to discuss specific needs. Please provide a minimum of 3-5 day s advance notice.

2 7. Approval of a Special Event on the Library Lawn from 6: p.m. 7:3 p.m. on Tuesdays from June 6 th - August 15 th, 217, for the Library Lawn Concert Series- Pikes Peak Library District Manitou Springs (Margaret Morris) Applicant H. NEW BUSINESS 1. Consideration of the Appointment of George Whitt as a Regular Member of the Housing Advisory Board 2. Consideration of the Appointment of Andy Wells as a Regular Member of the Housing Advisory Board 3. Consideration of a $769 Fee Waiver for Paws for Celebration- Safe Place for Pets (Linda Pulman) Applicant 4. Annual Report on Plan Implementation of the Manitou Incline Site Development and Management Plan 5. Ordinance No. 1817, an Ordinance of the City of Manitou Springs, Colorado Amending Section of the Municipal Code with the Addition of a New Subsection (B) Concerning Protection Orders Issued by the Municipal Court 1 st Reading 6. Consideration of Renewable Contract for Professional Engineering Services with IMEG Corporation 7. Consideration of Renewable Contract for Professional Surveying Services with Drexel, Barrell & Co. 8. Consideration of Renewable Contract for Professional Engineering Services with Bohannan Huston Inc. I. HEARINGS 1. Consideration of the Williams Canyon Phase III Design Flood Control Project 2. Ordinance No. 1617, an Ordinance of the City of Manitou Springs, Colorado, Amending Chapter by the Addition of a New Subsection and Sections (1) and (5)(a) Concerning Room Limitations and Unit Standards for Long-Term Occupancy Lodging 2 nd Reading 3. Ordinance No. 1717, an Ordinance Repealing and Reenacting Title 5 of the Manitou Springs Municipal Code Concerning Business Licensing 2 nd Reading J. CITY ADMINISTRATOR REPORT K. RECEIVE OR ACT ON COUNCIL CORRESPONDENCE L. FUTURE AGENDAS June 6, 217 Regular Meeting June 13, 217 Work Session June 2, 217 Regular Meeting ADJOURN The City of Manitou Springs does not discriminate on the basis of disability in the admission to, access to, or operations of programs, services or activities. Reasonable accommodation will be provided to ensure equal access to all. Individuals who would like to request auxiliary aids or services should contact ADA Coordinator Donna Kast at (719) or dkast@comsgov.com to discuss specific needs. Please provide a minimum of 3-5 day s advance notice.

3 MEMO DATE: May 12, 217 TO: FROM: City Council Richard Parsons, Deputy City Clerk SUBJECT: Pikes Peak Range Riders and Pikes Peak or Bust Rodeo Presentation by 217 Girl of the West Jamie Tyler and 217 Aide to Girl of the West Sierra Silva There was no handout for this item at the time the packet was assembled.

4 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 1 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM Report Criteria: Report type: Invoice detail Check.Type = {<>} "Adjustment" Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GL Account Amount Amount /1/ A & E TIRE, INC TIRES - DUMP TRUCK - P/WORKS Total : /1/ ABEYTA, CRYSTAL DHSEM 4/17 TRAVEL REIMBURSEMENT - DHSEM Total : /1/ ADVANCE AUTO PARTS COPCO OIL FILTERS - WATER DEPT /1/ ADVANCE AUTO PARTS AIR FILTER - WATER DEPT /1/ ADVANCE AUTO PARTS P/WORKS - OIL FILTERS /1/ ADVANCE AUTO PARTS AIR HAMMER - P/WORKS /1/ ADVANCE AUTO PARTS HOSE END FOR PRESSURE WASHER /1/ ADVANCE AUTO PARTS BATTERIES - MOWERS /1/ ADVANCE AUTO PARTS CORE TURN / CREDITS FOR BATTERI /1/ ADVANCE AUTO PARTS PCS REPAIR PARTS / FITTINGS /1/ ADVANCE AUTO PARTS OIL FILTERS - WATER DEPT /1/ ADVANCE AUTO PARTS CIRCUIT BREAKERS - TANDUM DUMP /1/ ADVANCE AUTO PARTS LIQUID ELECTRICAL TAPE - P/WORKS /1/ ADVANCE AUTO PARTS OIL FILTERS - WATER DEPT /1/ ADVANCE AUTO PARTS OIL FILTERS - P/WORKS VEHICLES /1/ ADVANCE AUTO PARTS SPRAY SOAP - P/WORKS SHOP Total : /1/ AIS SPECIALTY PRODUCTS INC REPEL / GERM COBBLER (PW & SEW Total : /1/ ALERT FIRST AID & SAFETY SERVICE FIRST AID / MED SUPPLIES (SEWER) M = Manual Check, V = Void Check

5 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 2 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GL Account Amount Amount Total : /1/ ALL SEASON DOOR & GLASS CABLE REPLACEMENT W/LUBE & TU Total : /1/ AMERICAN PORTABLE SERVICES INC 1146 SHUTTLE STOP REST ROOM SERVIC Total : /1/ AMERICAN RED CROSS LIFEGUARD INSTRUCTION /1/ AMERICAN RED CROSS LIFEGUARD INSTRUCTION MATERIAL Total : /1/ AUTO TRUCK GROUP ALUM BOX / SLIP HOOKS W/LATCH (P ,8.7 1,8.7 5/1/ AUTO TRUCK GROUP LADDER RACK / LEG EXTENSION KIT /1/ AUTO TRUCK GROUP TIE DOWNS - P/WORKS /1/ AUTO TRUCK GROUP " HITCH MOUNT - FIRE DEPT Total : 1, /1/ BERCHTOLD, KAREN PARKING PARKING REIMBURSEMENT /1/ BERCHTOLD, KAREN WILDLAND FI TVL / MILEAGE REIMBURSEMENT Total : /1/ BETA HEALTH JUNE 217 JUNE MONTHLY PREMIUM Total : M = Manual Check, V = Void Check

6 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 3 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GL Account Amount Amount /1/ BOUND TREE MEDICAL,LLC FIRE DEPT - EMT MEDICAL SUPPLIES /1/ BOUND TREE MEDICAL,LLC EMT MEDICAL SUPPLIES (FIRE DEPT) Total : /1/ BRINDLEE MOUNTAIN FIRE APPARAT 526 BROKER SALE OF INTL 4X4 PUMPER ,7. 2,7. Total : 2, /1/ BURKHOLDER, WADE SAFEWAY 5/ WATER COOLER WATER - PLANNING Total : /1/ BW SYSTEMS DIGITAL RECODERS - POLICE DEPT , , Total : 3, /1/ CALIFORNIA STATE DISBURSEMENT PAYROLL 9, 2 GARNISHEMENT PR Total : /1/ CASELLE INC 8533 SUPPORT / MAINTENANCE - JUNE ,45. 1,45. Total : 1, /1/ CENTURYLINK B 4/25/ /1/ CENTURYLINK B 4/25/ /1/ CENTURYLINK B 4/25/ /1/ CENTURYLINK B 4/25/ /1/ CENTURYLINK B 4/25/ /1/ CENTURYLINK B 4/25/ /1/ CENTURYLINK K K M 5/1/ M = Manual Check, V = Void Check

7 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 4 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GL Account Amount Amount Total : 1, /1/ CHEMA TOX LABORATORY, INC DRUG SCREENING - POLICE DEPT /1/ CHEMA TOX LABORATORY, INC BLOOD & ALCOHOL SCREENING (PD) Total : /1/ CLEAN AIR LAWN CARE F479 ORGANIC LAWN TREATMENTS , ,82.87 Total : 5, /1/ COLORADO DEPT - TRANSPORTATIO PERMIT 194 PERMIT HWY 24 - PLANNING Total : /1/ COLORADO SPRINGS UTILITIES APRIL 217 APRIL 217 ELECTRIC AND GAS , , Total : 1, /1/ COLORADO SPRINGS WINWATER 2566 SUPPLIES FOR WATER LINE (WAAP) , , /1/ COLORADO SPRINGS WINWATER WATER/SEWER LINE SUPPLIES - WA , , Total : 47, /1/ COLORADO STATE SAFE AND LOCK 452A KEY CARDS FOR P/WORKS AND FIRE Total : /1/ DANIELS MOTORS PLASTIC HANDLE FOR GARDEN TRU M = Manual Check, V = Void Check

8 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 5 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GL Account Amount Amount Total : /1/ E-47 PUBLIC HIGHWAY AUTHORITY POLICE UNIT 15 - TOLL CHARGES Total : /1/ ERPELDING, LARRY JUNE 217 METRO LOT PURCHASE , , Total : 2, /1/ FAMILY SUPPORT REGISTRY PAYROLL 9, GARNISHMENT - PR 9, Total : /1/ FERGUSON WATERWORKS X12 SS REP CLAMP - WATER DEPT /1/ FERGUSON WATERWORKS VLV BX RSRS/VLV BX TOPS (WAAP) /1/ FERGUSON WATERWORKS WATER / SEWER LINE SUPPLIES - WA /1/ FERGUSON WATERWORKS WATER / SEWER LINE SUPPLIES - WA /1/ FERGUSON WATERWORKS ROYBOND PRMR / W/S SUPPLIES WA /1/ FERGUSON WATERWORKS WATER / SEWER LINE SUPPLIES - WA /1/ FERGUSON WATERWORKS WAAP PROJECT SUPPLIES Total : 1, /1/ FIRES LLC BUNDER GEAR MENDING/REPAIRS (F Total : /1/ FLAIR DATA SYSTEMS MONTHLY CONTRACT I.T. SERVICES , , Total : 5, M = Manual Check, V = Void Check

9 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 6 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GL Account Amount Amount /1/ FRONT RANGE AQUATECH R LG TEST KIT / POOL PATCH Total : /1/ GREAT AMERICA FINANCIAL SERVIC FOLDER / INSTERTER (FINANCE DEP Total : /1/ ICMA PAYROLL 9, 2 PLAN PAYROLL 9, Total : /1/ JOHN SHOMAKER & ASSOC INC MIN SPGS AQUIFER STUDY/WELL CO Total : /1/ KAST, DONNA IMPA-HR VEG TVL TO DIA / RETURN - IMPA-HR CON Total : /1/ LAVALLIE, LAUREN MANSIONS 4/ DEP REFUND - MANSION 4/23/ Total : /1/ LEGAL SHIELD APRIL 217 MONTHLY PREMIUMS - APRIL Total : /1/ LINCOLN LIFE INSURANCE COMPANY MAY 217 MONTHLY INSURANCE PREM - MAY M = Manual Check, V = Void Check

10 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 7 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GL Account Amount Amount Total : /1/ LINDSAY PRECAST, INC RISER RINGS / 4X24 SEWER ,346. 1,346. 5/1/ LINDSAY PRECAST, INC /4" RING / COVER (SEWER DEPT) Total : 1, /1/ MATTHEWS, JESSICA RAE DEP REFUND DEP REFUND - 7MIN - 5/4/ Total : /1/ MFCP INC NON SPILL COUPLER & NIPPLE (PWK Total : /1/ MILE HIGH ACE HARDWARE 2798/1 BAKING SODA - P/WORKS /1/ MILE HIGH ACE HARDWARE 27121/1 PIPE INSULATING - P/WORKS /1/ MILE HIGH ACE HARDWARE 27123/1 GORILLA GLUE - WATER DEPT /1/ MILE HIGH ACE HARDWARE 27159/1 BATTERIES / SLDG HAMMER / LEVEL /1/ MILE HIGH ACE HARDWARE 27193/1 MAGNETIC TAPE - STREETS DEPT Total : /1/ NEVE'S UNIFORMS & EQUIPMENT CS POLICE - COMM BARS /1/ NEVE'S UNIFORMS & EQUIPMENT CS5456 NAME PLATE - SETTLE,DYLAN Total : /1/ NRG DGPV FUND 1 LLC ** MARCH 217 CHARGE , ,459.6 Total : 2,459.6 M = Manual Check, V = Void Check

11 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 8 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GL Account Amount Amount /1/ OLIVER E WATTS PE-LS 1449 ALTA SURVEY - 1 OLD MANS TRAIL /1/ OLIVER E WATTS PE-LS 1457 PREPARE DRAFT OF PARKING LOT P Total : 1, /1/ O'REILLY AUTO PARTS VEHICLE CLEANING SUPPLIES (POLI Total : /1/ PEAK CONSULTING SERVICES INC 462 CODE CONSULTING / MTGS Total : /1/ PETTY CASH BIG EDS RES TRAVEL MEAL REIMBURSEMENT - AD Total : /1/ PETTY CASH - FINANCE BIG R 3/22/2 BOOTS FOR WMS CANYON CLEAN O /1/ PETTY CASH - FINANCE CHILI 4/5/17 TVL MEAL REIMBURSEMENT - PWKS /1/ PETTY CASH - FINANCE CHILIS 4/5/1 TVL MEAL REIMBURSEMENT - P/W /1/ PETTY CASH - FINANCE CHILIS REST P/WORKS - TVL/MEAL REIMBURSEME /1/ PETTY CASH - FINANCE DAVIS,R 4/1 MILEAGE REIMBURSEMENT - CSU MT /1/ PETTY CASH - FINANCE GRAINGER TRAIL BLDG SUPPLIES REIMBURSEM /1/ PETTY CASH - FINANCE LOAF N JUG ICE FOR WATER SAMPLES /1/ PETTY CASH - FINANCE LONGMONT ESPARZA TVL / TRAINING REIMBURS /1/ PETTY CASH - FINANCE MANITOU PO POLICE DEPT - SHIPPING/POSTAGE /1/ PETTY CASH - FINANCE MANITOU PO POLICE - POSTAGE /1/ PETTY CASH - FINANCE POST OFFICE JUDICIAL POSTAGE /1/ PETTY CASH - FINANCE POST OFFICE POLICE DEPT - POST OFFICE /1/ PETTY CASH - FINANCE POST OFFICE FINANCE - METRO AUDIT APPLICATI Total : M = Manual Check, V = Void Check

12 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 9 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GL Account Amount Amount /1/ PIKES PEAK REGIONAL BLDG DEPT FLOODPLPE PARK/CANON AVE BRIDGE PROJECT Total : /1/ PIONEER SAND CO PSI MASON SAND / DELIVERY (WAAP) , , /1/ PIONEER SAND CO PSI MASON SAND / DELIVERY (WAAP) ,16.4 1,16.4 5/1/ PIONEER SAND CO PSI15375 MASON SAND / DELIVERY - WAAP , , Total : 3, /1/ RICOH /11 to 6/17 FLOOD RECOVERY COPIE Total : /1/ RICOH USA INC COPIER IMAGES - APRIL Total : /1/ ROCKY TOP RESOURCES, INC PLAYGROUND MULCH - BAUERS PAR /1/ ROCKY TOP RESOURCES, INC COARSE MULCH - P/WORKS /1/ ROCKY TOP RESOURCES, INC PLAYGROUND MULCH - P/WORKS Total : 1, /1/ SAFELITE FULFILLMENT, INC WINDSHIELD - POLICE UNIT /1/ SAFELITE FULFILLMENT, INC WINDSHIELD - POLICE UNIT /1/ SAFELITE FULFILLMENT, INC WINDSHIELD - POLICE UNIT Total : /1/ SAFETY STATION 7288B GLOVES / SAFETY GLASSES / HEARI M = Manual Check, V = Void Check

13 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 1 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GL Account Amount Amount Total : /1/ SEARS COMMERCIAL ONE T6512 LAWN MOWER FOR P/WORKS DEPT Total : /1/ SPRINGS WASTE SYSTEMS LLC METRO RECYLE SVC - APRIL Total : /1/ STAPLES ADVANTAGE HDMI DVD PLAYER (POOL) /1/ STAPLES ADVANTAGE CUSTODIAL GLOVES - POOL /1/ STAPLES ADVANTAGE BATTERIES / CUSTODIAL - POOL /1/ STAPLES ADVANTAGE VENDING SUPPLIES - POOL /1/ STAPLES ADVANTAGE VENDING SUPPLIES - POOL /1/ STAPLES ADVANTAGE VENDING SUPPLIES - POOL /1/ STAPLES ADVANTAGE CUSTODIAL POOL /1/ STAPLES ADVANTAGE VENDING SUPPLIES - POOL /1/ STAPLES ADVANTAGE DURACELL BATTERIES - POOL /1/ STAPLES ADVANTAGE SOFTSOAP - POOL /1/ STAPLES ADVANTAGE BATHROOM SCALE - POOL /1/ STAPLES ADVANTAGE BATTERIES / CUSTODIAL - POOL /1/ STAPLES ADVANTAGE DISINFECTANT - POOL Total : /1/ STEPHENS, PAM DESIGN CONSULTING - S SPGS PAVI Total : /1/ SUNTRUST EQUIPMENT FINANCE & L LEASE PAYMENT # , ,35.94 M = Manual Check, V = Void Check

14 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 11 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GL Account Amount Amount Total : 49, /1/ TARTAGLINI, ALDO J Ph.D. BEHRMAN,J PRE EMP PSYCH ASSESSMENT - BEH /1/ TARTAGLINI, ALDO J Ph.D. HOOVER, H PRE EMPLOYMENT EVALUATION - H /1/ TARTAGLINI, ALDO J Ph.D. RATHBUN PRE EMP PSYCH ASSESSMENT - RAT /1/ TARTAGLINI, ALDO J Ph.D. SCOGGINS,C PRE EMPLOYMENT EVALUATION - SC /1/ TARTAGLINI, ALDO J Ph.D. VALENZUELA PRE EMP PSYCH ASSESSMENT - VAL Total : /1/ TERMINIX INTERNATIONAL CO P/WORKS - PEST CONTROL Total : /1/ TOLL, SHANTI ACE HARDW REIMBURSEMENT - TRAIL BUILDING Total : /1/ TRITON ROOFING 3141 ROOFING REPAIRS - P/WORKS Total : /1/ US BANK-OP CTR LKBX SVC CM975 JUNE 217 DOWNTOWN IMPROVEMENT BOND , , Total : 15, /1/ UTILITY NOTIFICATION CENTER RTL TRANSMISSIONS - WATER DEPT Total : /1/ WESTERN PAPER DISTRIBUTORS, IN CUSTODIAL SUPPLIES - PWKS M = Manual Check, V = Void Check

15 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 12 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GL Account Amount Amount 5/1/ WESTERN PAPER DISTRIBUTORS, IN P/W & FIRE CUSTODIAL SUPPLIES /1/ WESTERN PAPER DISTRIBUTORS, IN CUSTODIAL SUPPLIES - PWKS , , /1/ WESTERN PAPER DISTRIBUTORS, IN CUSTODIAL SUPPLIES - PWKS Total : 4, /1/ WHEELER ENDEAVORS, LLC DEPOSIT 717 DEPOSIT MANITOU (MAYOR) /1/ WHEELER ENDEAVORS, LLC MONTHLY RE MO RENTAL - OFFICE SPACE (MAYO Total : 1, /1/ WOOD, DAVID A. APRIL HRS 65/HR-METR ,77. 3,77. Total : 3, /1/ XEROX APRIL POOL COPIER Total : Grand Totals: 183,24.76 Summary by General Ledger Account Number GL Account Debit Credit Proof , , , , ,1.8. 1, ,7.. 2,7. M = Manual Check, V = Void Check

16 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 13 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM GL Account Debit Credit Proof ,.. 1, , , , , ,45.. 1, , , , , , , , , , , , , M = Manual Check, V = Void Check

17 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 14 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM GL Account Debit Credit Proof , , , , , , , , , , , , , , , , , , , , , , M = Manual Check, V = Void Check

18 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 15 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM GL Account Debit Credit Proof , , , , , , , , , , , , , , , , Grand Totals: 183, , M = Manual Check, V = Void Check

19 City of Manitou Springs Check Register - With Invoice Description and addresses Page: 16 Check Issue Dates: 5/1/217-5/1/217 May 11, 217 5:3PM Dated: Mayor: City Council: City Recorder: Report Criteria: Report type: Invoice detail Check.Type = {<>} "Adjustment" M = Manual Check, V = Void Check

20 A Special Meeting of the Manitou Springs City Council was held in the City Council Chambers, 66 Manitou Avenue, Manitou Springs, Colorado, on May 2, 217. COUNCILMEMBERS PRESENT FOR ROLL CALL: Mayor Nicole Nicoletta Councilman Jay Rohrer Councilman Randy R. Hodges Councilman Bob Todd COUNCILMEMBERS NOT PRESENT FOR ROLL CALL: Mayor Pro Tem Gary L. Smith Councilwoman Becky Elder Councilwoman Coreen Toll STAFF PRESENT: City Administrator Jason Wells Police Chief Joe Ribeiro A. Call to Order Mayor Nicoletta called the meeting to order at 5:3 p.m. B. Roll Call Four members of City Council were present for roll call. Those not in attendance were Mayor Pro Tem Smith, Councilwoman Elder and Councilwoman Toll; all excused. C. Executive Session 1. An Executive Session to Consider Personnel Matters, Pursuant to C.R.S (4)(F) And Not Involving: Any Specific Employees Who Have Requested Discussion of the Matter in Open Session; Any Member of this Body or Any Elected Official; the Appointment of Any Person to Fill an Office of This Body or of an Elected Official; or Personnel Policies That Do Not Require the Discussion of Matters Personal to Particular Employees Upon a motion by Mayor Nicoletta and a second by Councilman Rohrer, City Council went into executive session. Motion carried 4-. Upon a motion by Mayor Nicoletta and a second by Councilman Hodges, City Council came out of executive session and reconvened in regular session. Motion carried 4-. Adjourn With no further business to conduct, Mayor Nicoletta concluded the meeting at 6: p.m. CITY CLERK MAYOR AND CITY COUNCIL

21 A Regular Meeting of the Manitou Springs City Council was held in the City Council Chambers, 66 Manitou Avenue, Manitou Springs, Colorado, on May 2, 217. COUNCILMEMBERS PRESENT FOR ROLL CALL: Mayor Nicole Nicoletta Councilman Jay Rohrer Councilman Randy R. Hodges Councilman Bob Todd COUNCILMEMBERS NOT PRESENT FOR ROLL CALL: Mayor Pro Tem Gary L. Smith Councilwoman Becky Elder Councilwoman Coreen Toll STAFF PRESENT: City Administrator Jason Wells City Attorney Jeff Parker Planning Director Wade Burkholder Planner Karen Berchtold Finance Director Rebecca Davis City Clerk/HR Director Donna Kast A. CALL TO ORDER Mayor Nicoletta called the meeting to order at 6:5 p.m. B. PLEDGE OF ALLEGIANCE The meeting opened with the Pledge of Allegiance. C. ROLL CALL Four members of City Council were present for roll call. Those not in attendance were Mayor Pro Tem Smith, Councilwoman Elder and Councilwoman Toll; all excused. D. APPROVAL OF AGENDA Jason Wells requested the addition of an executive session for the purpose of receiving legal advice. Mayor Nicoletta suggested that the executive session could be considered following Item J. Upon a motion by Mayor Nicoletta and a second by Councilman Hodges, the agenda was unanimously approved as amended. Motion carried 4-. E. PUBLIC COMMENT ON NON-AGENDA ITEMS Resident Bill Koerner spoke in opposition to City Council s decision to remove five trees on Canon Avenue. He also requested the City to celebrate National Arbor Day each year in addition to joining the Tree City Program. Resident Mary Pulvermacher spoke in opposition to City Council s decision to remove five trees on Canon Avenue, asking City Council to consider the long-term impacts. Resident Lana Sinclair presented a letter signed by several residents asking City Council to save the five elm trees on Canon Avenue. Included with the letter was a report from Mountain High Tree Service that recommended allowing the trees to remain.

22 MAY 2, 217 Regular City Council Meeting Page 2 of 5 Resident and local artist Tina Riesterer read an excerpt from a book authored by Artist Charles Rockey regarding the importance of preserving trees. Resident Marcy Morrison told City Council that the asphalt pavement between City Hall and the Chamber building needed to be ground down to a deep enough depth to prevent cracking following resurfacing. For the record, Councilman Hodges informed everyone that he purchased a second residence within Ward 2 but his primary residence remained in Ward 1. Therefore, he intended to continue to serve on City Council as a Ward 1 representative. F. CONSENT CALENDAR The following items were acted upon by the unanimous consent of the members present: 1. Warrants 2. Approval of the Minutes of the April 18, 217 Regular City Council Meeting 3. Authorization of the Mayor to sign the renewal of the Eagle Maintain Trail Easement and the Red Mountain Trail Easement across the Mt. Manitou Park and Incline Railway Company property for an additional three year term. Upon a motion by Councilman Todd and a second by Councilman Hodges, the Consent Calendar was unanimously approved as presented. Motion carried 4-. G. NEW BUSINESS 1. Consideration of the Appointment of Alea German as a Regular Member of the Housing Advisory Board Upon a motion by Councilman Hodges and a second by Mayor Nicoletta, Alea German was unanimously appointed to a 3-year term as a Regular Member of the Housing Advisory Board. Motion carried Consideration of the Appointment of Roger Armstrong to a 1-year Term as an Alternate Member of the Housing Advisory Board Upon a motion by Councilman Todd and a second by Councilman Rohrer, Roger Armstrong was unanimously appointed to a 1-year term as an Alternate Member of the Housing Advisory Board. Motion carried Consideration of the Appointment of Alan Delwiche as a Regular Member of the Housing Advisory Board Upon a motion by Councilman Todd and a second by Councilman Hodges, Alan Delwiche was unanimously appointed to a 2-year term as a Regular Member of the Housing Advisory Board. Motion carried Consideration of the Appointment of Gail Cage as an Alternate Member of the Park and Recreation Advisory Board Upon a motion by Councilman Hodges and a second by Councilman Rohrer, Gail Cage was unanimously appointed as an Alternate Member of the Park and Recreation Advisory Board. Motion carried Proclamation No. 517, for Archaeology and Historic Preservation Month On behalf of the entire City Council, Councilman Hodges read Proclamation No. 517, Proclaiming May 217 as Historic Preservation Month.

23 MAY 2, 217 Regular City Council Meeting Page 3 of 5 6. Consideration of a Special Committee to Research a City Wide Composting System Mayor Nicoletta requested support for the formation of a small committee that would be tasked with investigating the possibility of forming a citywide biomass composting system. The committee would be asked to look into the feasibility of this proposal and then report to City Council regarding its findings. Jeremy Tackett suggested that city staff could coordinate with local contractors and business owners to collect biomass for compost uses. Councilman Hodges made a motion, seconded by Mayor Nicoletta, to approve the creation of a special committee to research a citywide composting system; with direction that the committee was to bring its findings back to City Council at the June 27, 217 City Council meeting. Motion carried Resolution No. 1317, Clarifying City of Manitou Springs Duplication of Benefits Policy for CDBG Funding Upon a motion by Councilman Rohrer and a second by Mayor Nicoletta, Resolution No was unanimously approved as presented. Motion carried Resolution No Authorizing the Execution of Any Necessary Documents to Complete the Acquisition of Property for the Westside Avenue Action Plan Project. Upon a motion by Mayor Nicoletta and a second by Councilman Rohrer, Resolution No was unanimously approved as presented. Motion carried Ordinance No. 1617, an Ordinance of the City of Manitou Springs, Colorado, Amending Chapter by the Addition of a New Subsection and Sections (1) and (5)(a) Concerning Room Limitations and Unit Standards for Long-Term Occupancy Lodging 1 st Reading Upon a motion by Mayor Nicoletta and a second by Councilman Todd, Ordinance No was unanimously approved at 1 st reading as presented. Motion carried Ordinance No. 1717, an Ordinance Repealing and Reenacting Title 5 of the Manitou Springs Municipal Code Concerning Business Licensing 1 st Reading Upon a motion by Councilman Rohrer and a second by Councilman Hodges, Ordinance No was unanimously approved at 1 st reading as presented. Motion carried Consideration of Continued Participation the HUD Community Development Block Grant Program with El Paso County Serving as a Program Intermediary During discussion, it was noted that several errors and inaccuracies were included in the packet documents. Mayor Nicoletta made a motion, seconded by Councilman Rohrer, to table this item until accurate, up-to-date documents were provided. Upon a call for the vote, the motion was unanimously approved as presented. Motion carried Direction to Staff on Whether to Re-Include One or Two Police Vehicles in 217 Lease-Purchase Agreement Mayor Nicoletta made a motion to re-include one vehicle, for use by the parking department, in the lease purchase agreement. Councilman Hodges seconded the motion. Upon a call for the vote, the motion was approved 3-1 with

24 MAY 2, 217 Regular City Council Meeting Page 4 of 5 Mayor Nicoletta, Councilman Hodges and Councilman Todd voting for; and Councilman Rohrer voting against. Motion carried Partial Termination of Professional Services Agreement with Thorpe & Associates for Library Expansion Design Work Wade Burkholder explained that staff was proposing that the City reduce the scope of work with Thorpe and Associates on the library expansion project to what had already been completed to-date. That would mean that the City would refrain from a geotechnical investigation, a utilities and grading plan and a landscape plan until the Planning Commission could further review the project. Upon a motion by Mayor Nicoletta and a second by Councilman Rohrer, a partial termination of the professional services agreement with Thorpe and Associates for the library expansion design work was unanimously approved. Motion carried 4-. Mayor Nicoletta called for a break at 7:49 pm. The meeting resumed at 7:53 pm. H. HEARINGS 1. Ordinance No. 1317, an Ordinance Repealing and Reenacting Sections and and Amending Sections and Concerning Nuisances and Adding a New Chapter 6.75 Concerning Vacant or Abandoned Buildings or Property 2nd Reading Upon a motion by Councilman Rohrer and a second by Councilman Hodges, Ordinance No was unanimously approved at 2nd reading as presented. Motion carried Ordinance No. 1417, an Ordinance of the City of Manitou Springs, Colorado, Amending Chapters 16.4, 17.4, and 18.14, and Sections , (B)(1), (C)(5) Regarding Submittal Requirements and Pre-Application Meetings 2nd Reading Upon a motion by Councilman Hodges and a second by Councilman Rohrer, Ordinance No was unanimously approved at 2nd reading as presented. Motion carried Ordinance No. 1517, an Ordinance of the City of Manitou Springs, Colorado, Amending Chapters 16.4, 17.4 and Regarding Public Notice, Hearings and Appeals 2nd Reading Upon a motion by Councilman Todd and a second by Councilman Rohrer, Ordinance No was unanimously approved at 2nd reading as presented. Motion carried 4-. I. APPROVAL OF AN EMPLOYEE OF THE MONTH Upon a motion by Mayor Nicoletta and a second by Councilman Rohrer, Steve Simmons was unanimously approved as the May employee of the month. Motion carried 4-. J. CITY ADMINISTRATOR REPORT Jason Wells reported on the following: Wichita Lot restrooms would be power washed and painted this week. Assistant to the City Administrator finalists would be interviewed this week. EXECUTIVE SESSION 1. An Executive Session to Hold a Conference with the City Attorney to Receive Specific Legal Advice Pursuant to C.R.S (4)(b). Upon a motion by Mayor Nicoletta and a second by Councilman Rohrer, City Council went into executive

25 MAY 2, 217 Regular City Council Meeting Page 5 of 5 session. Motion carried 4-. Upon a motion by Mayor Nicoletta and a second by Councilman Rohrer, City Council came out of executive session and reconvened in regular session. Motion carried 4-. K. RECEIVE OR ACT ON COUNCIL CORRESPONDENCE Councilman Rohrer stated that residents had asked him to provide greater public process before City Council voted on projects, like tree cutting, that affected the community s environment. Councilman Todd commented on the recent city manager/city council relations training that was provided by CML; noting that it was excellent. He then reviewed a document he created titled Four Questions for Consideration. The questions were as follows: (1) How is it that over time, the Canon and Park Avenue sidewalk, plantings, amenity zones and ADA curb have been piecemeal and neglected? (2) Can we consider doing something different this time? (3) How might it look if the City commissioned the Amec-Foster architect who is addressing the street, walk, and ideally the bicycle scape in the Canon/Park area to extend their brief east to the Clock and west to Tubby s Turnaround? (4) In conjunction with that Third Party/Subject Expert input, as was done for both Williams Canyon Phase III and most recently the Canon and Park Bridge Project, why not hold a Public Forum to get resident and business owner input? Mayor Nicoletta reported on the day s Coffee with the Mayor; noting that it was a success. On another subject, she reported that she and staff attended an El Paso County meeting to discuss county food assessment. L. FUTURE AGENDAS May 9, 217 Work Session May 16, 217 Regular Meeting June 6, 217 Regular Meeting June 13, 217 Work Session ADJOURN With no further business to conduct, Mayor Nicoletta concluded the meeting at 8:56 pm. Mayor and City Council City Clerk

26 City of Manitou Springs Application for Special Event, Parade, or Race Note: One event per application, 8iiiiiat*Xtf:id:t:i::1: 1ii:!;MXtt:i?Mir:a -- 1 rt!jeji;ttfdift!:fff i{:te&:raf,:.re_-?; 1 '.:i,o. iii ---coiitactinf«irniation: ' - _., Name of Applicant: If for an Organization - Applicant's Relation to Organization L J tj J) p ().., L M A--N (President, Coordinator, etc...): Applicant Address: \ '-\- Applicant Phone Number: Zip Code: Organization Address: Zip Code: \ 81!}_<6 J_ Individual responsible for the event (if different from Applicant): Phone # of individual responsible fort e J!.Ve t of individual responsible for the event (if different from if different from Applicant : - _ -lf <./- Applicant): Event Inf9ritia:tiri:AttacJ, 1lf!Cessaiys ujjp o1jing aovwii:efits _(5 1 (a) (3), C_e1i{fl_cat'r[s, etc).;-_.. -'" 't: _, _ Is this a first time event? Date(s) of Event: ( 5" '7 r:; Estimated number of participants: 3v- D Starting Locationp D -+- Q ().;("' Actual time of Event (start & end times): looo --. o.pfy1 time(s) (start & end times) for which permission is requested including setup and cleanup: Proposed Route: (Attach map with Proposed Route) Will there be animals or vehicles in the event? 'No D Yes - Specify type(s) and how many: Will the event require rese1ved parking spaces? No, 'Yes-Specify how many spaces and location(s) <6- I 2. Will there be use of City facilities? No 18Yes City Facilities/ Parks Requested:( check all that apply) D Memorial Hall - please print out cleaning guide 81 Soda Springs \Jctr\L.,._vi \,c,..._ D Memorial Park D Mansions Pavilion D Seven Minute Springs Pavilion D Schreyer Park D Fields Park 21736

27 Application for Special Event, Parade, or Race Will there be portable resh ooms? No Will medical- first aid coverage be provided? j8'no -3 Yes - S eci who will rovide service and locations): Is elech icity or water required (when applicable)? No Yes Describe the plan for managing Waste/Recycle and conh olling h ash and litter for this event: Will anything be sold at the event? No Yes - Vender permit required (S 11 per Permit must be paid for I days before event) Will there be an admission, enh ance, participant or user fee; a cover charge or aoor charge; or a fee for scenic or amusement rides for the event? No Yes - Specify details: Will promotional materials be used? No )81' Yes - City Event Coordinator must approve materials. Date approved: Will there be alcohol at this event? No Yes - See City Clerk.for Alcohol approval. What is your Security plan? (>\. -7 MEMORIAL HALL PARK/ PAVILION SERVICES BANNER DEPOSIT PERMIT TOTAL $) lo6 $''6'8'/ $2_2 5 $ 2l A 5% CITY EXCISE TAX MUST BE PAID ON ANY OF THESE CHARGES UNLESS PROOF IS FILED WITH THE CITY TAX EXEMPTION AS A GOVERNMENTAL, QUASI-GOVERNMENTAL, RELIGIOUS, CHARITABLE, OR FRATERNAL ORGANIZATION. Fee Waivers and Grant Applications filled out separately. ALL SPECIAL EVENTS ARE SUBMITTED TO CITY COUNCIL REVIEW AND APPROVAL. CITY DEPARTMENTS WILL DETERMINE SERVICE CONDITIONS AND THEIR RESPECTIVE COSTS, THE CITY RESERVES THE RIGHT TO ADD ADDITIONAL CHARGES INCURED DURING THE EVENT. By signing below, the signed and the Event agree that all parties have read and agree to the terms, policies and ordinances of The City of Manitou Springs and applicable Event Policies. The applicant, in exchange for issuance of the special event permit, agrees to reimburse the City for any costs incurred by the City in repairing damages to public property caused by the sponsors of the special event or the participants in the event, or by actions that the sponsors directed, authorized, or ratified, and also agreeing to defend the City against, and indemnify and hold the City,,bar s from, any liability to any person or property that arise from or are related to the special event. /,,, I Applicant Signature.; /, I / )Ml Pagel2 Date:

28 City of Manitou Springs REQUEST TO HANG BANNER (Over CDOT Right-of-Way) APPLICATION AND FEE REQUIRED AT LEAST 3 DAYS PRIOR TO REQUESTED HANG DATE Fee: $22. Please submit your application and payment to the City Clerk's office, 66 Manitou Avenue. The City Clerk will forward your application to the City Council for approval. The banner should be approximately two to three feet high and can be up to sixty feet long. Advertising/sponsor logos are not permitted per CDOT regulations. (You may display your organization logo but your banner cannot include those of your sponsors.) Please drop your banner off at least 24 hours in advance of your hang date at the Manitou Springs Chamber of Commerce, 354 Manitou Avenue. Contact the Manitou Springs Chamber of Commerce at (719) to arrange banner pickup within three business days following the event. Submission date: 'f / 3 I a \ 1 - Name of Applicant: L fl){t- Pu.Lvvttt--N Organization: Sa..:-fe_ P/a..ce +ov e.,fs Mailing Address: _,,_(\_4-_( fv'\rn_ _fi_o_v_b_. { vj 3_8:;L'-----+q Telephone 71 q - },;v 9 - 'f i.f-'f 3 S o.5 <!O /oun gaj.ffj, NameofEvent: f P-wS C!..f;L/31{;4"77 D JJ Date(s) of Event: -OJlA_{_v\+-J--+-l 6+h+-'--'--Jr-' ;A_,_/)/7r Date(s) you would like banner displayed: From: 14 I j J-vuil To: Jvi'- r;'cft,_ 2f>f1 Please make your check payable to the City of Manitou Springs. We also accept debit, credit, and cash.

29 City of Manitou Springs Application for Special Event, Parade, or Race Note: One event per application This application must be submitted to the City Six Months Prior for Road Closure Event, 9 days for All Other Events. If the application is incomplete, supplemental documents are missing, or additional infonnalion is required, application approval will be delayed. Contact Information: Name of Applicant: " Applicant Address: If for an Organization - Applicant's Relation to Organization (P'resident, Coordinator, etc...): \) City: Applicant Phone Number: Name of Organization: \)\ Organization Address: Zip Code: Individual responsible for the event (if different from Applicant): 1l.. Phone# of individual responsible for the event of individual responsible for the event (if different from if different from A licant : A licant): Event Information:Af/ach necessa1y supporting documents (51 (c)(3), Certificates, etc.) Is this a first time event? ('(:) If no, please list prior events year and date 1 _ "'\. " Purpose of Event: \e_c._ s ''' w - '42..." Actual time of Event (start & end times): Date( "l.q..q... Q.\ou.:> nd time(s) (start & end times) for which permission is requested including setup and cleanup: c..oq.,, Proposed Location of Event: Se."C.. Q..\C)\I.:) s=\\,._- \ ir:oo '"""" c\ - -\ :i.c (, """ Estimated number of participants: Estimated number of spectators: Staging Area: 2.f. \Sex'.:> (Y'ac-,o..\ Will there be animals or vehicles in the event? (., \), c. V.. \A. ' \( D No Qo..e. \ 't'"'-c:.."- Yes - Specify type(s) and how many: '.J ('.S Will the event require reserved parking spaces? No Yes -Specify how many spaces and location(s) 4DS 6 \ Will there be use o City facilities? No Yes City Facilities/ Parks Requested:( check all that apply). IX] Memorial Hall - please print out cleaniqg guide,,..:\'7 \() Soda Springs -.:to 2\"1.. (ao."" I tl'<' lil] Memorial Park )"- IL\ -.2\"7 :oo cu... o - ;to.:z.on [la Mansions Pavilion "8'- '\'o -IC\ A\\ '\''C' D Seven Minute Springs Pavilion D Schreyer Park D Fields Park

30 Application for Special Event, Parade, or Race Willtherebeportablerestrooms? 6 '\<' ' '\' ' \ D No,., '"'"" \.. Yes - S ecify how man and location(s : 5 (').. ca \\..41;;"\ '-a.. Will medical- first aid coverage be provided? (\ Co. a.c.."'-" OC' \a&--= No Yes - S ecify who will rovide service and location(s): {._ (o..e. """-. '":)'. Is electricity or water required (when applicable)? No Yes Will anything be sold at the event? No Yes -Vender ermit re uired $11 er Permit must be aid for IO da s before event Will there be an admission, entrance, partcipant or user fee; a cover charge or door charge; or a fee for scenic or amusement rides fortheevent? R\to.'C"e. ""- O&"\ e. Q Oc"'- eo... '- No o\e_\,)- c..., Yes - S ec1 details: Will promotional materials be used?.. No Yes - City Event Coordinator iuust approve materials. Date approved: Will there be alcohol at this event? No Yes - See City Clerk for Alcohol approval. What is x_ciur Security plan? _..... L\ y Co s-, OC"',., ' "' - '. Will you be hanging a banner? (fill out Banner request) Size: 3 ). \;2.., Location: t\<:..«> tf\\\).. \,)"'. '\j. \\l...:;c:;;\,,'5 - l:i:@."" MEMORIAL HALL APPROVAL CONDITIONS: (CITY COMMENTS) PARK/PAVILION SERVICES BANNER DEPOSIT PERMIT A 5% CITY EXCISE TAX MUST BE PAID ON ANY OF THESE CHARGES UNLESS PROOF IS FILED WITH THE CITY TAX EXEMPTION AS A GOVERNMENTAL, QUASI-GOVERNMENTAL, RELIGIOUS, CHARITABLE, OR FRATERNAL ORGANIZATION. Fee Waivers and Grant Applications filled out separately. ALL SPECIAL EVENTS ARE SUBMITTED TO CITY COUNCIL REVIEW AND APPROVAL. CITY DEPARTMENTS WILL DETERMINE SERVICE CONDITIONS AND THEIR RESPECTIVE COSTS, THE CITY RESERVES THE RIGHT TO ADD ADDITIONAL CHARGES INCURED DURING THE EVENT. By signing below, the signed and the Event agree that all parties have read and agree to the terms, policies and ordinances of The City of Manitou Springs and applicable Event Policies. The applicant, in exchange for issuance of the special event permit, agrees to reimburse the City for any costs incurred by the City in repairing damages to public property caused by the sponsors of the special event or the participants in the event, or by actions that the sponsors directed, authorized, or ratified, and also agreeing to defend the City against, and indemnify and hold the City harmless from, any liability to any person or property that arise from or are related to the special event. Applicant Signature: 21736

31 lll51p1c Application for Special Event, Parade, or Race Use Fee Guide- Parks and Facilities The Fields Security deposit: Resident Use Fee: $ I for private events/$3 for public events $11 per day plus $55 per day for I -2 pp plus $11 per day for21-5 pp Non-Resident Use Fee:$ I 65 per day plus $55 per day for 1-2 pp plus $11 per day for 21-5 pp Mansions Pavilion (max 2 people) Security deposit: $1 for private events/ $3 for public events Resident Use Fee: $83 per day plus $55 per day for I -2 pp Non-Resident Use Fee $11 per day plus $55 per day for I --2 pp Memorial Park: Available for Public events only Security deposit: $5 for Public events Resident Use Fee: $11 per day plus $55 for I -499 pp plus $I I for 5+ pp Non-Resident Use Fee: $165 per day plus $55 per day for I -499 pp plus $11 per day for 5+ pp Seven Minute Gazebo and Amphitheater No Food or Beverages allowed in Amphitheater Security deposit: $I for private events/ $3 for public events Resident Use Fee: $22 I 3 hours usage I $33 all day Non-Resident Use Fee:$275 / 3 hours usage I $385 all day Banners: Must fill out Banner request Over CDOT right of way = $22 Light pole banners is Per Pole= $75 per light pole Soda Springs Park with Pavilion Security deposit: $15 for private events /$5 for public events Key deposit: $25 Resident Use Fee: $11 per day plus $55 per day for I -2 pp plus $ 11 per day for 5+ pp Non-Resident Use Fee $165 per day plus $55 for I - 2 pp plus $11 per day for 5+ pp Soda Springs Pavilion Only Security deposit: $1 for private events I $3 for public events *Key deposit: $25 Resident Use Fee: $83 per day Non-Resident Use Fee $138 per day *Soda Springs keys are obtained through Public Works I Parks Dept * Schryver Park Security Deposit: $I. Private events/$5. PubliC events Resident Use Fee: $11. per day- up to 99 pp Plus $55 per 1 pp Non-Resident Use Fee: $165. per day- up to 99 pp Plus $55 per I pp Picnic Areas Resident Use Fee $25. One table Plus $2 Each additional table - up to 5 Non-Resident Use Fee $35. One table Plus $3.Each additional table - up to 5 Other Fees:!Special event appliaifion fee : $28 Vendor foes: $11 per day, per exhibit - $385 max per da 1cture pennitfee : -"./ $28 per structure ----, Amount Due: '-/i3 7 9 Use fees and deposits are due when the application is received. f'f\or-s l 'b ')C 2 Soo ' SQC)S - 2l)< l -- 5[vwr( r-t b(j._ n '(\- r s o 1e, L_uo-\ 2JO 4 3,;w $23 $g75' $1--C) }Lf Page/ 3

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33 City of Manitou Springs REQUEST TO HANG BANNER (On Light Poles) \"\>Ole_ APPLICATION AND FEE REQUIRED AT LEAST 3 DAYS PRIOR TO REQUESTED HANG DATE Fee: $75. per street light banner pole Please submit your application and payment to the City Clerk's office, 66 Manitou Avenue. The City Clerk will forward your application to the City Council for approval. The banner should be a maximum of four feet high and can be up to two feet wide. Please drop your banners off to the City Clerk's office at least 48 hours in advance of your hang date. Contact the City Clerk's department at (719) to arrange for banner pickup within three business days following the event. Name of Applicant: '("\ J_ Organization: \:Se. 'i\>o.. ()...O" Mailing Address:.z.\L.\\ \'(\o..\\-o l.'.)e. o..s<\\).. s-,, L.o oa Telephone: J \9-4..J3- t.25 \<';o \V,.e<:,Q.\t.,, o Name of Event: \\'.-e. eo.\t e. % ''" Date(s) of Event: \ \ ;ta,;1.cj\1 Date(s) you would like banner displayed: From: \ \s:! To: 2\'S"'s.. Please make your check payable to the City of Manitou Springs. We also accept debit, credit, and cash.

34 City of Manitou Springs REQUEST TO HANG BANNER (Over CDOT Right-of-Way) APPLICATION AND FEE REQUIRED AT LEAST 3 DAYS PRIOR TO REQUESTED HANG DATE Fee: $22. Please submit your application and payment to the City Clerk's office, 66 Manitou Avenue. The City Clerk will forward your application to the City Council for approval. The banner should be approximately two to three feet high and can be up to sixty feet long. Advertising/sponsor logos are not permitted per CDOT regulations. (You may display your organization logo but your banner cannot include those of your sponsors.) Please drop your banner off at least 24 hours in advance of your hang date at the Manitou Springs Chamber of Commerce, 354 Manitou Avenue. Contact the Manitou Springs Chamber of Commerce at (719) to arrange banner pickup within three business days following the event. Submission date: Name of Applicant: O t ' :s:_\ Organization: S>\.e. \? S' Mailing Address: L.\. \ \'("\o..s',\,.)... e., '-\l... '" 1 C ZO"fi" Telephone: "] \'\ - "'\J \.:2.. \() e..n_\a..\ O Name \\ "SS'-.."'C>-. Date(s)ofEvent: :to O\J Date(s) you would like banner displayed: From: '-k.s \S To: ;2.,\ Please make your check payable to the City of Manitou Springs. We also accept debit, credit, and cash.

35 PREMISES ACORD CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) 2/22/217 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER RCT Margaret Mayers STAR Insurance - Fort Wayne Office ragnjo CvH (26) I IA/C FAX Nol: (26) East Dupont Road DMD-'}{ss:margaret. mayers@starfinancial.com INSURERISl AFFORDING COVERAGE Fort Wayne IN INSURER A :National Casual tv Companv INSURED INSURER B :Na ti on wide Life Insurance Co Road Runners Club of America/217 and Its INSURERC: Member Clubs INSURER D: 151 Lee Highway, Suite 14 INSURERE: Arlington VA 2229 INSURERF: COVERAGES CERTIFICATE NUMBER:217 $1M A. I. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF LTR TYPE OF INSURANCE "'n unm POLICY NUMBER IMM/DD/YYYY\ 12h%1 LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,, - DAMAGE TO RENTED A D CLAIMS-MADE w OCCUR IEa occurrence) $ 5, Legal Liability to KR /31/216 12/31/217 MED EXP (Any one person) $ 5, Participant $1,, 12:1 AM 12:1 AM PERSONAL & ADV INJURY $ 1,, - GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ Unlimited Pl POLICY DPRO- JECT DLoc Abuse & Molestation PRODUCTS - COMP/OP AGG $ 1,, OTHER: Aggregate $5,, Abuse and Molestation $ 5, AUTOMOBILE LIABILITY if:btingle LIMIT $ 1,, A ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS KR /31/216 12/31/217 BODILY INJURY (Per accident) $ NON-OWNED ;p;:jetamage x HIRED AUTOS x AUTOS 12:1 AM 12:1 AM $ f-- - f-- - UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) D E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Excess Medical & Accident SPX /31/216 12/31/217 Excess Medical $1, ($25 Deductible/Claim) 12:1 AM 12:1 AM AD & Specific Loss $2,5 $ NAIC# DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 11, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS TO THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED, DATE OF EVENT(S): 7/16/17 Barr Trail Mountain Race, 8/19/17 Pikes Peak Ascent and 8/2/17 Pikes Peak Marathon INSURED RRCA CLUB/EVENT MEMBER: Pikes Peak Marathon, Inc, Att n: Micky Simpson; 441 Manitou Ave., Manitou Springs, co 8829 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 7/16/17 City of Manitou Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attached: KRGL79 66 Manitou Ave. Manitou Ave., co 8829 AUTHORIZED REPRESENTATIVE ACORD 25 (214/1) INS251?1411 "'9 Terry Diller/LIO 'R _ B <:Zf'cu. ' ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD

36 National Casualty Company A 11' ACHll TO MO lllapartof l"cucy l<rc)()1ixxlcfv3 52 I İ ml"1:tlhll a=fectivedatei (12:1 A.M. STANDARD1WE) NAMED INSURED I 12131/16 - ROAD RUNNERS CLUB OF AMERICA AND ITS ENDORSEIVENf NO... cw.:i. 1111S ENDORSEIVENT CHANGES TIE POLICY. PLEASE READ IT CAREFL.ll Y. POLJCY CONDITIONS This endorsement modifies insurance provided under the following: CCMVEROAL GENERAL UABJUTY COVERAGE PAITT The Other Insurance condition of this Coverage Part is replaced by the provision marked below with an "X" in the oox: other Insurance [Rl If other valid and collectible insurance with any other Insurer Including any forrrel self-insured retention programs is available to you covering a loss also covered by this Coverage Part, other than insurance that is in excess of the Insurance afforded by this Coverage Part, the insurance afforded by this Coverage Pa11 shall be in excess of and shall not contribute with such other insurance. Nothing llerein shall be construed to make this insur<jnce subject to the terms, conditions and linitalions of other insurance. Coverage afforded under this Coverage Part is primary insurance and Other Insurance shalf not apply as respects & H1 :WUJll:lLLIYJ:121'-IJHAGIJ Qr:t<1/\Nt::Hs.r11sso1 _QE rirn;m1s.es_ Nvx. as additional insureds. The Cancellation condition of this Covercige Part is amended by the addition of the following if an "X'' is in the box: [RI Cancellation The follovving is added: II is a condition of the Policy by this Endorsement that the Policy will not be cancollod without 3 days' prior written notice to: x 9.E.6.ELQW and further, that the person(s) narred above are not liable for the payment of any premiums or assessments on this Policy. *ANY. ENTITY ONEl.l-fWJll TtlE.;QMPf'JY. lhiblqujl3e$.p8.!r. OIICE - TiiROUGti.V'JBIIfEbLCOLWYiCLE.EBMILQi,AGREEMENI, KR-Gl-79 (4-7) Page 1 of1

37 lll:o>lfllfl( City of Manitou Springs Application for Special Event, Parade, or Race Note: One event per application This application must be submitted to the City Six Months Prior for Road Closure Event, 9 days for All Other Events. If the application is incomplete, supplemental documents are missing, or additional information is required, application approval will be delayed. Contact Information: Name of Applicant: If for an Organization - Applicant's Relation to Organization (President, Coordinator, etc... ): City: Zip Code: Applicant Phone Number: \ Name of Organization:.? City: Zip Code: Individual responsible for the event (if different from Applicant): <\). \. Phone# of individual responsible for the event of individual responsible for the event (if different from (if different from A Iicant : licant): Q.\,\.. Event Information:Attach necesswy supporting documents (5J(c)(3), Certificates, etc.) Name/Type of Event: o...""""''c..'\ "' Is this a first time event? If no, please list prior events year and date \ \. '\-..e. \'1 "'/eo... Purpose of Event: Date(s) of Event: Actual time of Event (start & end times): Proposed Location of Event: '3\,,.., \\o, ':l.d\i ' ca \ 'oo Date(s) and e(s) (start & end times) for which permission is requested including setup and cleanup: 1... )i,,- \11 soo ().. Estimated number of participants: Starting Location: c O..\\'I () Proposed Route: (Attach map with Proposed Route) \>- ().." "'""'":'' c.o.. Will there be animals or vehicles in the event? No D Yes-Specify type(s) and how many: Will the event require reserved parking spaces? Staging Area: c.. \ CJ Finish Location: G..'"'o.;\. (.}..'.." \o...,'t s -Specify how many spaces and location(s) \ S ',5 G:-C:..-Q.5. "" 'T-a. " " 'i;, 'Q..''\ ()... ',.' Will there be use of City facilities? No Yes City Facilities/ Parks Requested:( check all that apply) D Memorial Hall - please print out cleaning guide Kl Soda Springs D Memorial Park D Mansions Pavilion D Seven Minute Springs Pavilion D Schreyer Park D Fields Park 21736

38 Application for Special Event, Parade, or Race Will there be portable restrooms? s - S ecify how many and location(s): Will medical- first aid coverage be provided? (\ O.. Co' '.; Qo.\.. '\ e - w\,)..$'<111. No..... ( ' Q.\ C..O.. '"'- Yes - S ec1fy who will rov1de service and locat1n( Is electricity or water required (when applicable)?.ono Yes Describe the plan for managing Waste/Recycle and corrolling trash and litter for this event., \.. l:l?\ud:'-e.' \ '' Co\ "' C\'\Q. o o..''-. y,;)q.. o"":' G.'c\. CC'6 o '" '' o. ' ) \('\ '',._. t>oo.. "'\ ""'-. Will anything be.sold at the event? No Yes -Vender em1it re uired ($11 er Permit must be aid for 1 da s before event) Will there be an admission, entrance, participant or user fee; a cover charge or door charge; or a fee for scenic or amusement rides fortheevent? n'<' "- \.,,..:)\\\ C:..OP ).._ '\' ""'- No ' \C..' <;>..-n. ' Yes - City Event Coordinator must approve materials. Date approved: Will there be alcohol at this event? No Ye - See.City Clerk for Alcohol approval. What is your Security plan? \'o Q. V..\.Q Will you be hanging a banne1. (fill out Banner request) Size: Location: i\.c MEMORIAL HALL PARK/ PAVILION 21 APPROVAL CONDITIONS: (CITY COMMENTS) SERVICES BANNER DEPOSIT DY"\. B l-e. PERMIT TOTAL A 5% CITY EXCISE TAX MUST BE PAID ON ANY OF THESE CHARGES UNLESS PROOF IS FILED WITH THE CITY TAX EXEMPTION AS A GOVERNMENTAL, QUASI-GOVERNMENTAL, RELIGIOUS, CHARITABLE, OR FRATERNAL ORGANIZATION. Fee Waivers and Grant Applications filled out separately. ALL SPECIAL EVENTS ARE SUBMITTED TO CITY COUNCIL REVIEW AND APPROVAL. CITY DEPARTMENTS WILL DETERMINE SERVICE CONDITIONS AND THEIR RESPECTIVE COSTS, THE CITY RESERVES THE RIGHT TO ADD ADDITIONAL CHARGES INCURED DURING THE EVENT. By signing below, the signed and the Event agree that all parties have read and agree to the terms, policies and ordinances of The City of Manitou Springs and applicable Event. Policies. The applicant, in exchange for issuance of the special event permit, agrees to reimburse the City for any costs incurred by the City in repairing damages to public property caused by the sponsors of the special event or the participants in the event, or by actions that the sponsors directed, authorized, or ratified, and also agreeing to defend the City against, and indemnify and hold the City harmless from, any liability to any person or property that arise from or are related to the special event. Applicant Signature

39 City of t anito 11 Sp1 i11 gs 66 Mani tau Ave -!'la.nitou Sp'dngs CO 882 (719) Receipt Ho: PI \ES PEAK MARATHON FACILITY RENTAL HALL RENTAL 4 i3 1i EtlORIAL HALL USE F ES FACILITY RENTAL 1 rn m<rnl PA RK 7 1,47tMi!il $ PARK USE FEES FACILITY RENiAL l'iansions PARK 2 DAYS tl 276. $138. HH PAR!( USE FEES FACILITY RENTAL SODA SPGS - 1 DAY <t., PARK USE FEES -t4 FACIUTY REtffAL SPEC EVENT PERl1ITS (BARR 56, TRAIL/PP HARATH) OTHER LICENSES & FEES FACILITY RENTAL BANNER CHGS (BARR 1,195..TRAIL/PP) 1-3?.-19 OTHER LICENSES &. FEES FACILITY RENTAL SODA SPGS - BARR TRAIL PARK USE FEES Total: Check Check No: 41 Payor: PIKES PEAK MARATHON Total Applied: ============== 4,617. Change Tendered:. =============== 3i22/217 2g36P

40 City of Manitou Springs Application for Special Event, Parade, or Race Note: One event per application This application must be submitted to the City Six Months Prior for Road Closure Event, 9 days for All Other Events. If the application is incomplete, supplemental documents are missing, or additional information is required, application approval will be delayed. Contact Information: Name of Applicant: If for an Organization Applicant s Relation to Organization Margaret Morris (President, Coordinator, etc...): Library Manager Applicant Address: City: Zip Code: 71 Manitou Ave Manitou Springs 8829 Applicant Phone Number: Applicant mmorris@ppld.org Name of Organization: Type of Organization (Government, non-profit, charitable, etc...) Pikes Peak Library District - Manitou Spgs Library Non-profit Organization Address: City: Zip Code: 1175 Chapel Hills Dr. Colorado Springs 892 Individual responsible for the event (if different from Applicant): N/A Phone # of individual responsible for the event of individual responsible for the event (if different from (if different from Applicant): N/A Applicant): N/A Event Information:Attach necessary supporting documents (51(c)(3), Certificates, etc.) Name/Type of Event: Purpose of Event: Family entertainment during the Library Lawn Concert Series summer months. Is this a first time event? No If no, please list prior events year and date Library Lawn Concerts have been held every year since 26. Date(s) of Event: June 6, 13, 2, 27; Actual time of Event (start & end times): Proposed Location of Event: July 11, 18, 25; Tuesdays August 1, 8, 15 6: p.m. - 7:3 p.m. Manitou Springs Library Lawn Date(s) and time(s) (start & end times) for which permission is requested including setup and cleanup: 5:-8: p.m. on each date listed above Estimated number of participants: Estimated number of spectators: Staging Area: Bands are 1-6 members 3-4 all ages Patio at front of the lawn Starting Location: Finish Location: N/A Proposed Route: (Attach map with Proposed Route) Will there be animals or vehicles in the event? X No Yes Specify type(s) and how many: Will the event require reserved parking spaces? X No Yes Specify how many spaces and location(s) N/A N/A Will there be use of City facilities? X No Yes City Facilities/ Parks Requested:(check all that apply) Memorial Hall please print out cleaning guide Soda Springs Memorial Park X Library Lawn Mansions Pavilion Seven Minute Springs Pavilion Schreyer Park Fields Park 21736

41 Application for Special Event, Parade, or Race Will there be portable restrooms? No D Yes - SoecitV how manv and location( s ): Will medical- first aid coverage be provided? (29 No D Yes-SoecitV who will provide service and location(s): Is electri or water required (when applicable)? No Yes Describe the plan for managing Waste/Recycle and controlling trash and litter for this event: Concert goers use the library restroom or the Wichita parking lot restroom. We will use trash/recycle bins from the library. Will anything be sold at the event? CTNo D Yes-Vender permit required ($11 per Permit must be oaid for IO davs before event) Will there be an admission, entrance, participant or user fee; a cover charge or door charge; or a fee for scenic or amusement rides for the event? Lll No All programs are free and open to the public. D Yes - Specify details: Will promotional materials be used? No PPLD's print shop will make posters advertising the concerts. Ii] Yes - City Event Coordinator must approve materials. Date approved: Will there be alcohol at this event? G]No D Yes - See City Clerk for Alcohol approval. What is your Security plan? N/A Will you be hanging a banner? (fill out Banner request) Size: 5' x 3'??? Location: We put a banner on the front lawn of the librarv each vear. FEES APPROVAL CONDITIONS: MEMORJAL HALL (CITY COMMENTS) PARK/PAVILION SERVICES BANNER DEPOSIT PERMIT TOTAL A 5% CITY EXCISE TAX MUST BE PAID ON ANY OF THESE CHARGES UNLESS PROOF IS FILED WITH THE CITY TAX EXEMPTION AS A GOVERNMENTAL, QUASI-GOVERNMENT AL, RELIGIOUS, CHARITABLE, OR FRATERNAL ORGANIZATION. Fee Waivers and Grant Applications filled out separately. ALL SPECIAL EVENTS ARE SUBMITTED TO CITY COUNCIL REVIEW AND APPROVAL. CITY DEPARTMENTS WILL DETERMINE SERVICE CONDITIONS AND THEIR RESPECTIVE COSTS, IBE CITY RESERVES THE RIGHT TO ADD ADDITIONAL CHARGES INCURED DURING THE EVENT. By signing below, the signed and the Event agree that all parties have read and agree to the terms, policies and ordinances of The City of Manitou Springs and applicable Event Policies. The applicant, in exchange for issuance of the special event permit, agrees to reimburse the City for any costs incurred by the City in repairing damages to public property caused by the sponsors of the special event or the participants in the event, or by actions that the sponsors directed, authorized, or ratified, and also agreeing to defend the City against, and indemnify and hold the City harmless from, any liability to any person or property that arise from or are related to the special event. Applicant Signature: Ctf 1 -tf,ifl,. / Date: (J/l 1 11 J1 ;. LJIAAAA ' April 24, 217 () '-./ Page 12

42 217 Manitou Springs Library Lawn Concert Series Tuesdays, 6:-7:3 pm June 6 June 13 June 2 June 27 July 11 July 18 July 25 Aug 1 Aug 8 Aug 15 U-Turn Brass (Jazz) Balanced Rock (Original Rock) Tenderfoot Bluegrass (Bluegrass) The Storys (Folk & Classic Rock) The Mitguards (Americana Folk) Michael Reese (Rock) Mo Mungus (Reggae) Skean Dubh (Neo-traditional Celtic) Out of Nowhere (Bluegrass) Unlok (Easy Listening) All concerts are free and open to the public. Bring a picnic supper, blanket, lawn chairs and enjoy an evening of music on the lawn! In case of bad weather, concerts will be canceled.

43 From: George L. Whitt 323 EIPaso Blvd. Unit A Manitou Springs, Co Phone To: ManitouSprings City Clerk 66 Manitou Ave. Manitou Springs, Co I am interested in serving on the newly created Housing Advisory Board. Following are my qualifications. BUILDING EXPERIENCE Owner Manitou Builders Held a class B2 license for 2 years and a class C lisence for 1 years. Built numerous custom houses, apartment complexes, and commercial buildings. Built an addition to the Kidd house on Navajo Ave. which won an award from the Manitou Springs Historical Society. Also made exterior repairs to Miramont Castle. Vice President of Manitou Builders , a framing contractor. EDUCATION Attended Manitou Springs schools for 1 years. Graduated Manitou High School Attended University of Denver, graduated Bachelor of Arts in Political Science 197. Attended Jones Real Estate School. Completed test for Broker's license. Attended UCCS School of Business for 2 semesters. SERVICE Member of Manitou Springs Kiwanis Club, past President. Started Builders Club at Manitou Middle School and Kiwanis Advisor since 212. Committee Chairman for Manitou Springs Boy Scout Troop 18 for 8 years and Eagle Chairman for 4 years. Currently working at Cave of the Winds Mountain Park as a superviser and at Manitou Springs School District 14 as a substitute teacher. 1

44 Thank you for your consideration ' tµj&/ George Whitt 2

45 May 8, 217 Donna Kast City Clerk City of Manitou Springs 66 Manitou A venue Manitou Springs, CO 8829 RE: Participation on the Housing Advisory Board Dear Ms. Kast, I am writing to express my interest in serving on the new Housing Advisory Board. I read with considerable interest of the recent City Council decision to establish a full-fledged housing advisory board. I have participated in the Housing Task Force meetings for almost one year. I would like to help expand affordable housing here. I believe it's an important issue for our community. I'm a 4th generation Manitoid and I try to be active in the community. As you may be aware, I've helped to coordinate the Salvation Army's Thanksgiving and Christmas community dinners in Memorial Hall for 1 years... I also own several rental properties in town and try to remain well-versed in the local real estate market and in at least some of the regional planning and housing trends. For example, tiny homes, accessory dwelling units, owner - occupied accessory dwelling units, ageing in place, affordable housing. I have owned and sold homes, and been a landlord for over 25 years in the Manitou Springs area. I enjoy the volunteer spirit in Manitou Springs and believe that individuals, whether elected to City Council or appointed to serve on any one of several boards or commissions can make a difference in the lives of many citizens in a small community... Respectfully, Andy Wells 13 9 Clarksley Road. Manitou Springs, CO 8829 Phone: (719)

46 MEMO DATE: April 2, 217 TO: FROM: City Council Joy Williams SUBJECT: Paws for Celebration This is the second year for The Paws for Celebration Event in Soda Springs Park and pavilion, this event is 1% Volunteer based and Non- Profit. They have reported a $3, budgeted for Paws Expenses and $4,6 for projected revenue for 217. Paws for Celebration is asking for a Fee Waiver for the following fees Park Rental $165 Banner Fee $22 Police Services $384 (estimate 4 officer s x 2 48 per hour) Total Fee Request = $ Council Awarded Paws for Celebration $165 for Soda Springs Park Rental.

47 Name : Name of Apylicant O LI p.. li;l(...j1.1 fl-,j Applicant Address l\;-.; '!::.,. -ti- Applicant 1:'i1v<1c l'iumber: City of Manitou Springs Application for Special Event Fee Waiver Note: One event per application Date of Event: Ju..l 1-l 7 Organization Contact Phone # (if different from Applicant): Organization Contact (if different from Applicant): City Facilities/ Parks Requested: D Memorial Hall - please print out cleaning guide Soda Springs -t\1." ' \...,,,_"""" "' k.. D Memorial Park D Mansions Pavilion D Seven Minute Springs Pavilion D Schreyer Park City Services Requested: Traffic Control Parking spots Fire EMS Other Street Sweeping Barricades Is this th st time this event has ensued? No - Attach organization's proposed budget for the current year. D Yes - Attach organization's proposed budget for the current year AND financial statements from previous ear Will the event require reserved parking spaces? No Yes - S eci how man s aces and location: - 2- Will there be h ash and litter control for the event? Please see guide No Yes - S eci details: Will the1e b an admission, entrance, participant or user fee, a cover charge, or door charge for the event? No Yes - Specify details: Explain how imposition of fees would create financial hardship on the organization or would have a detrimental effect upon the services provided to the public (If need more room, please add a letter as an attachment) We. a re, (CW lb t!yav tlru 4-. tn(_ tlt at " t/- /}{_4- µ &'fa/l.?j tp

48 Applicant is requesting (check all that applies): {j Service Fee Amount _\)o\ _, Application for Special Event Fee Waiver h... c_ e_es_ f [ q 2 '/ 2 V -5 1ZJ Rental Fee Amount f 1 fo , Other Fees (Specify) _ d;2 ('=9_c_l Y\_)'\.Q._( )1-- Total amount requesting to be Waived: -$ 7 (og **If Fee Reduction or Waiver is denied or partially granted, payment in full is required within 1 days or reservation will be forfeited. By signing this document, I have read and agree to the terms, policies, and ordinances specified, in the Manitou Springs Municipal Code. \..-. r- IS) IS> II (SI (SJ CSI II..-. (5) I (5) II (5) tsi ISi II CCI fs) (SI II (SI I II..; c:o..; II Ln ("\J I CCI II i:si cu II I ("\J I CU II ("\J (5) I Ln II LI') Ln II I i:si LI-, I II II II ("\J I II II,... I II II ;;:; en I II II Cl- I- I II II... a:... I II II JC r.:::: en I II II a: I II (SI ("\J CCI ISi II Q. (SI LJJ "" co tj'i en en "" CCI...J I I- r-- r:: a:._....,,... w en en I- en w (5),... Q.,,... t- t- :z: t- LL. ("\J C - w,,... cu w w LJJ w... <><!... er:: en (5) ru Q. Q.. er::.::.. M "Cl...J I a!.:ii::: en r- LL. Q.I nj :::t Q.I tj'i (SI er::, Cl:@ LJJt-Ot- W nj "Cl :> Cf'!...:: WQ.I Q.I..µa: r::!% u... er! es u... es W '"" ISi... u... r:: ::>,... a:.-< UJ(Sl(Sl<J:O:: Gj Q.I LJJ :z:...j ca.. "' CL :z: w >-cu>-a:,...,... O.. CL t-..,,en a:..:ol >'- c:x: :.-, :::t......j t- Jt- I Q. t- J...J I J uow Q.I u..c "'a:: r::... ;:::l w cut; t;t:: f:j 7 "' "'... o.. t::: en '.::l.::.. :=;re o::..:.:: QJ >.U...-' C:ll CL.. E.s... >... Q.I w..., Q.IUO..(J')..c..µ.o r:: u u... i:!,wa:a:o..isi e I- w.-t!st tti 111 a: U...(J')<=>..-<<J:LL.encn..-1 t- w.o:s::.:.:: en II Page I 2

49 -:.... -: /.:' "=- TT: =="t-::-:;-:-: :7'.tl: :::r-': ;1 PR 16 (2/16/11) ". COl.OAADO DEPAA'l't!E.ITT OF RlM:NUE. oi:nvt:n co tl26t-{i13 THIS IJCENSE IS NOT TRANSFERABLE CERTIFICATE OF EXEMPTION FOR STATE SALf?.!Y,!.f. VSEACCOUNTNUMBER LIABILITY INFORMATION... "'\ -!(.-..i:;\.l_if,;.'j'" :"' } forallreferences :: -.;;:,:;.;.. )$; :FEJ:.Y,:,_ eaooao14 N qojot! ;.M23)ojJ ' f) : 2o19 E CACHE LE POUDE COLORADO SPRINGS, CO "ul'1I11" 11 1ru1 n1 1 1lll 1 Iu11 '1 11la11 1 h II SAFE PLACE FOR PETS POBOX3822 :.':,, f J 4.;.. - :.:-. - (-,: ) l,.\t-..._.. COLORADO SPGS CO ,/.:.. J '. ' /..., - - _....,i- ' '.. _.:_. -;. - Executive Director oapartmentqfrevenue ' Colorado Department of Revenue Tax Forms, lnformeltion, and E-Services Colorad9 Online Sales Tax Filing is available atwww.coforado.gov/safestax Additional EwServices for.businesses The following online services ate.centrally accessible atwww.taxcolorado.com on the left side of the page under Online Services> e File > Business Taxes. Retailers Use Tax ZeroFile Retailers Sales Tax Rates. Sales Tax ZeroFile Sales Tax Account Histor'Y Withholding Tax ZeroFile Sales Tax License Verification.. sales Tax Rates by City/County Sales Tax Rate Charts.. Local Taxe,s by Addre Attend our free $ales tax classes! To sign up. visit:

50 Internal Revenue.Service Date: August 28, 27 SAFE PLACE POBOX3822 COLORADO SPGS co Department of the Treasury P.. Box 258 Cincinnati, OH 4521 Person to Contact: Mr. Morton Customer Service RepresentativE Toll Free Telephone Number: Federal Identification Number: Dear Sir or Madam: This is in response to your request of August 28, 27, regarding your organization's tax. exempt status. In January 21 we issued a detrmination letter that recognized your organization as exempt from federal income tax. Our records indicate that your organization is curre_ntly exempt under section 51(c)(3) of the Internal Revenue Code. Dur records indicate that your organization is also classified.as a public charity under sections 59(a)(1) and 17(b)(1)(A)(vi) of the Internal Revenue Code. ' Dur records indicate that contributions to your organization are deductible under section 17 of the Code, and that you are qualified to receive tax de(fuctible bequests, de.vises, :ransfers or gifts under section 255, 216 or 2522 of the Internal Revenue Code. - lf you have any questions> please call us at the, telephone number shown in the hea9ing ;his letter. SincerelYi It Miqhle M Suutvani.per. Mgr Accounts Manaoemenr: Ooerations 1

51 From the desk of: Wade Burkholder, Planning Director 66 Manitou Avenue Manitou Springs, Colorado 8829 Office: Fax: To: CC: Memorandum Mayor Nicoletta and City Council Members Jason Wells, City Administrator From: Wade Burkholder, Planning Director Date: May 1, 217 Re: Annual Report on Plan Implementation of the Manitou Incline Site Development and Management Plan There are no handouts available at this time regarding this agenda item. A presentation will be given at the meeting. The Plan may be found at: _with_cover.pdf 1

52 COUNCIL BILL NO ORDINANCE NO ORDINANCE AN ORDINANCE AMENDING SECTION WITH THE ADDITION OF A NEW SUBSECTION (B) TO THE MANITOU SPRINGS MUNICIPAL CODE CONCERNING PROTECTION ORDERS ISSUED BY THE MUNICIPAL COURT WHEREAS, Section 8.2 of the Manitou Springs Charter (the "Charter") establishes the municipal court; WHEREAS, Section 1.32 of the Manitou Springs Municipal Code (the "Code) establishes the administration of the municipal court; WHEREAS, the City Council is empowered, by charter or ordinance, to define the jurisdiction of its municipal court concerning local and municipal matters; WHEREAS, the City's Charter and Code reserve exclusive original jurisdiction in its municipal court concerning all causes of action for violation or enforcement of the Code or Charter; WHEREAS, the City Council desires to authorize the municipal court judge to issue preconviction protection orders that shall remain in effect until final disposition of a defendant's case or until ordered otherwise by the municipal court judge; WHEREAS, the City Council finds that the authority of the municipal court judge to issue pre-conviction protection orders will protect victims against crimes arising out of the Code and to provide victims of harassment the maximum protection from further abuse that undermines the quality of life and affects the public health, safety and welfare; and WHEREAS, in accordance with its police power to protect the health, safety and welfare of the public, the City Council desires to add a new chapter to the Manitou Springs Municipal Code to authorize the municipal court judge to issue pre-conviction protection orders. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MANITOU SPRINGS, COLORADO THAT: Section 1: Section of the Manitou Springs Municipal Code is hereby amended to read as follows: Power and jurisdiction of court. A. The municipal court shall have exclusive original jurisdiction to hear, try and determine all cases arising under the ordinances of the city with full power to carry the same into effect and to punish violations thereof by the imposition of such fines and penalties as are provided in such ordinances or by city ordinance. It shall have the power to compel attendance of witnesses and to punish for contempt of such court by a fine not to exceed one thousand dollars or by a jail sentence not to exceed five days. The 1

53 court shall have all powers incident to a court of record. There shall be no change of venue from the municipal court. B. The municipal court shall have authority to issue a protection order against any person charged with any violation of the Municipal Code, which order shall remain in effect from the time that the person is advised of his or her rights at arraignment or the person's first appearance before the municipal court and informed of such order until final disposition of the action, or until ordered otherwise by the municipal court. Such order shall restrain the person charged from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged. The municipal court shall inform the defendant of the protection order and that a violation of such order is punishable by contempt. Nothing in this section shall preclude the defendant from applying to the municipal court at any time for modification or dismissal of the protection order issued or the prosecuting attorney from applying to the municipal court at any time for further orders, additional provisions under the protection order, or modification or dismissal of the same. The municipal court shall retain jurisdiction to enforce, modify, or dismiss the protection order until final disposition of the action. Section 2. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Passed on first reading and ordered published this 16 th day of May, 217. City Clerk, Donna Kast A Public Hearing on this ordinance will be held at the June 6, 217, City Council meeting. The Council Meeting will be held at 6: P.M. at City Hall, 66 Manitou Avenue, Manitou Springs, Colorado. Ordinance Published: May 18, 217 (in full) City's Official Website and City Hall 2

54 Shelley Cobau Public Services Director 66 Manitou Avenue Manitou Springs, Colorado 8829 From the desk of: Direct: Fax: Memorandum To: From: Cc: City Council Shelley Cobau, Interim Public Services Director Jason Wells, City Administrator Rebecca Davis, Finance Director Date: May 1, 217 Re: Contract Approval Request, On-Call Engineering Services IMEG Corp Staff requests City Council approval of the attached Contract with IMEG Corp, for professional engineering services. Specific projects will be outlined on a Task Order on the form included in the Contract. 1

55 HIS'TO!l!C CITY OF MANITOU SPRINGS, Contract Checklist City Department: 8Jrh Dept. Staff Member: Prorv.:::J c'ut t; Type of Contract: (ie: Services Agreement, Amendment, Change On,er, Grant, etc...) Is contract related - ate or Federal Funding (including Grants)? o D Yes - Grant#: Funding Agency: GrantAAµiount: $ City Match AIJilount: $ Project Description/Location: Q n - l,&jl 6:;.ffi o oa ':\-A OAol..:5 'c--e5 (Note: City Business License is required if business conducts 7 days or more a year of work in Manitou Springs - contact the Finance Depa1iment) Agency/ Business name: ::C ff\ G r{'i>\>vm rn Phone#: CJ c;j- C) SS '7 Agency/Business address: q.-d-d-. I ej J y uuv2- ln.. f () 'ff () I 2 ti Street City State Zip (Required if related to State/Federal Funding)- DUNS#: (attach printout ofwww.sam.gov info behind cover sheet) Point of Contact:,b=-- r, ll'. -=--- =c1'\/ =..:._:'-'- :_:_: I Yl _:_=:_ S ---'-'*, -=e=c...=-- f-. '---=---"--'--E+-=U" Name & Relation to Agency /B usiness (/ Point of Contact Phone#: t"j Jb-'13- L{<(LJ_ Point of Contact e.'..)-t."" ks'@ + + Contract Effective Date: 5-1 \.o - l ') Term. Date: \Ill End date fa- I -d.e l 8"' i '7 5 - 't S' D Upon Completion j CUlf. L!JVvt. Contract Amount: $ f't\i o - r (Y\ - j I IP 5 - ::LcXJ f ';:e"r A / Code Ordinance - Chapter 3.32 D <$2K - Approval required by authorized Dept. Head or designee -date approved: $5K -$2K- min. 3 solicitation of verbal or written bids required ([] Attached behind cover sheet) >$1 OK, then quotes required for materials and supplies ( Attached behind cover sheet) D >$2K - Approval required by City Administrator or designee- date approved: _ >$2K min. 3 solicitations of written bids required([] Attached behind cover sheet) /JXJ. >$SOK - Approval required by City ouncil - date approved:..... >$ 1 OOK, Formal RFP process reqmred (([]Attached behind cover sheet RFP 111for111at1on and other pert men I 111for111at111) Check ifbid is not required D and state Reason bid is not required Do Contract Terms include insurance coverage or bond requirement? () No Yes (>' ::i... - d29--insurance I Bond ce1iificate/info attached at end of contract - D n/a - Why n/a? Are there exhibits included in this Contract? No (}2j,Yes - # ofexhibits: 2> - List Exhibits: A - c\ Su-v-1-c-e, Attached 8 -.l'a'.lk ON u- fr--r-n-,. Attached ::i. th Cl> c..- i- ::) B Attached P.- Execution City Official (print): ('{\,..., 111 U l'-u le AJ i'-r,. LP* gj.affidavit(s) within Contract are signed & notarized (1) D n1a D Original provided to City Clerk's office D Copies provided to all interested paiiies Is contract related to State or Federal Funding (including Grants)? No D Yes - e-copy provided to Finance Depaiiment D Verified & t:l Cl> Submitted by City Staff Member (print & sign): Date: "' r::j Colillilents: a. "' EH () Q. () (>' ;;i. I < Cl> ::i t:l

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68 ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB SCHEDULED AUTOS NON-OWNED AUTOS OCCUR CLAIMS-MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below CERTIFICATE OF LIABILITY INSURANCE Y / N GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) EACH OCCURRENCE $ AGGREGATE $ PER STATUTE GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT X LOC OTHER: AUTOMOBILE LIABILITY OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ $ DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) CONTACT Traci Stoecker / Linda Bomarito PRODUCER Holmes Murphy and Associates - Peoria 311 S.W. Water Street ADDRESS: Suite 211 INSURER(S) AFFORDING COVERAGE NAIC # Peoria, IL INSURER A : EMPLOYERS MUT CAS CO INSURED INSURER B : CONTINENTAL INS CO IMEG Corp. / KJWW Corp. / TTG Engineers INSURER C : XL SPECIALTY INS CO th Avenue INSURER D : INSURER E : Rock Island, IL 6121 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 5D /1/17 1/1/18 EACH OCCURRENCE $ 1,, CLAIMS-MADE DAMAGE TO RENTED X OCCUR PREMISES (Ea occurrence) $ 1,, X Contractual Liability MED EXP (Any one person) $ 1, X XCU Included PERSONAL & ADV INJURY $ 1,, A B A C X X X X (Claims Made) X X 1, N N / A 5E58254 CUE H58254 NAME: PHONE (A/C, No, Ext): 1/1/17 1/1/17 1/1/17 Professional Liability DPR /18/ /1/18 1/1/18 1/1/18 1/18/18 X Each Claim Aggregate FAX (A/C, No): $ $ 5/1/217 2,, 2,, 1,, 1,, 1,, 1,, 1,, 1,, 5,, 1,, DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 11, Additional Remarks Schedule, may be attached if more space is required) City of Manitou Springs and the City's officers, employees, and consultants are additional insured on the general liability on a primary and non-contributory basis as required by written contract with the insured, per policy terms and conditions. CERTIFICATE HOLDER City of Manitou Springs 6 Manitou Avenue Manitou Springs, CO 8829 ACORD 25 (214/1) amcneillil USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD

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80 Shelley Cobau Public Services Director 66 Manitou Avenue Manitou Springs, Colorado 8829 From the desk of: Direct: Fax: Memorandum To: From: Cc: City Council Shelley Cobau, Interim Public Services Director Jason Wells, City Administrator Rebecca Davis, Finance Director Date: May 1, 217 Re: Contract Approval Request, On-Call Engineering Services Drexel, Barrell & Co Staff requests City Council approval of the attached Contract with Drexel, Barrell & Co for professional surveying services. Specific projects will be outlined on a Task Order on the form included in the Contract. 1

81 CITY OF MANITOU SPRINGS Contract Checklist City Department: Public Services Dept. Staff Member: Shelley Cobau Type of Contract: Renewable Professional Services Agreement Contract #: n/a (ie: Services Agreement, Amendment, Change Order, Grant, etc ) Is contract related to State or Federal Funding (including Grants)? No Yes - Grant #: Funding Agency: Project Description/Location: Grant Amount: $ City Match Amount: $ On-Call Surveying consultants (Note: City Business License is required if business conducts 7 days or more a year of work in Manitou Springs contact the Finance Department) Agency/ Business name: Drexel, Barrell & Co Phone #: Agency/Business address: 3 S. 7 th Street Colorado Springs CO 895 Street City State Zip (Required if related to State/Federal Funding)- DUNS #: (attach printout of info behind cover sheet) Point of Contact: Patrick O Hearn Senior Surveyor Name & Relation to Agency /Business Point of Contact Phone #: Point of Contact pohearn@drexelbarrell.com Contract Effective Date: Term. Date: End date Upon Completion Contract Amount: $ Min - $6 per hour, Max - $25 per hour per Municipal Code Ordinance - Chapter 3.32 <$2K Approval required by authorized Dept. Head or designee -date approved: $5K -$2K min. 3 solicitation of verbal or written bids required ( Attached behind cover sheet) >$1K, then quotes required for materials and supplies ( Attached behind cover sheet) >$2K Approval required by City Administrator or designee- date approved: >$2K min. 3 solicitations of written bids required ( Attached behind cover sheet) >$5K Approval required by City Council date approved: >$1K, Formal RFP process required (( Attached behind cover sheet RFP information and other pertinent information) Check if bid is not required and state Reason bid is not required: Do Contract Terms include insurance coverage or bond requirement? No Yes - Insurance / Bond certificate/info attached at end of contract - n/a - Why n/a? Are there exhibits included in this Contract? No Yes - # of Exhibits: 4 - List Exhibits: A Scope of Services Attached B Task Order Form Attached C Cost Schedule /Contractor s Billing Rate Attached D Sample Manitou Springs Invoice Form Attached Execution City Official (print): Mayor Nicole Nicoletta Affidavit(s) within Contract are signed & notarized (or) n/a Original provided to City Clerk s office Copies provided to all interested parties Is contract related to State or Federal Funding (including Grants)? No Yes e-copy provided to Finance Department Verified & Submitted by City Staff Member (print & sign): Date: Comments: City Clerk s Office Only City Clerk verified: Destruction Date:

82 RENEW ABLE AGREEMENT FOR PROFESSIONAL SURVEYING SERVICES THIS AGREEMENT is made and entered into this 16th day of May, 217, by and between the City of Manitou Springs, 66 Manitou Avenue, Manitou Springs, Colorado 8829, a Colorado municipal corporation (the "City"), and Drexel, Barrell & Co. an independent contractor with a principal place of business at 3 S 7th Street, Colorado Springs, CO 895, with a telephone number of ("Contractor") (collectively the "Parties"). For the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: I. SCOPE OF SERVICES Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in the attached Exhibit A. No change to the Scope of Services, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the City. This Agreement expires on 6/1/218, provided that the City has the option to renew this Agreement for four additional successive one-year terms by providing Contractor with written notice of renewal prior to the expiration of the then-current one-year term. II. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the City shall pay Contractor an amount not to exceed the maximum amounts set forth in individual task orders for specific services as approved by the City from time-to-time. Projects shall be individually estimated and approved administratively by the City project manager, based on the task order (Exhibit B) provided to the Contractor, with billing rates for professionals as represented in Exhibit c. III. CONTRACTOR RESPONSIBILITY Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing. The services performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by others in the same or similar type of work, and in compliance with applicable laws, ordinances, rules and regulations. Contractor warrants that all materials provided as a part of the Scope of Services shall be free from defects for 24 months IV. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a City employee for any purposes. V. INSURANCE

83 A. Contractor shall procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor under this Agreement, including the following, at a minimum: 1. Worker's compensation insurance as required by law; and 2. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,,) each occurrence and one million dollars ($1,,) general aggregate naming the City and the City's officers, employees, and consultants as additional insureds. The policy shall be with a carrier and in a form acceptable to the City at the City's sole discretion. B. Any insurance carried by the City, its officers, or its employees or contractors is excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the City a certificate of insurance as evidence that required policies are in full force and effect. VI. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, insurers, volunteers, representatives, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement or the Scope of Services if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of any worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. VIII. PAYMENT AND BILLING A. As work is completed, Contractor shall complete and submit both digital and paper format, their invoice for Manitou Springs projects, in the required City format (See Exhibit D) and shall include all supporting documentation. B. Upon final acceptance of the work, the City shall make final payment to the Contractor pursuant to C.R.S IX. TERMINATION This Agreement shall terminate when all the work described in the Scope of Services is completed to the City's satisfaction or upon the City's providing Contractor with seven (7) days advance written notice, whichever occurs first. If the Agreement is terminated by the City's

84 issuance of written notice, the City shall pay Contractor for all work authorized and completed prior to the date of termination. X. ILLEGAL ALIENS A. Certification. Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under the Agreement and that the Contractor will participate in the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the Agreement. B. Prohibited Acts. Contractor shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; or (2) Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. (1) If Contractor has employees, Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. (2) Contractor shall not use the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. (3) If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under the Agreement, Contractor shall: a. Notify the subcontractor and the City within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under the Agreement; and b. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (a) hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under the Agreement; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under the Agreement

85 D. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S (5)(a) to ensure that Contractor is complying with this Agreement. E. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. F. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. IX. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in El Paso County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the City shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Contractor and the City, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either party without the written consent of the other. I. Governmental Immunity. The City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently three hundred fifty thousand ($35, per person and nine hundred ninety thousand ($99,) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S , et seq., as amended, or otherwise available to the City and its officers or employees. J. Rights and Remedies. The rights and remedies of the City under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement

86 shall in no way limit the City's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriations. Consistent with Article X, 2 of the Colorado Constitution, any financial obligations of the City not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the City hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year

87 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first set forth above. CITY OF MANITOU SPRINGS, COLORADO ATTEST: Mayor Nicole Nicoletta Office of the City Clerk CONTRACTOR -.Dre-xe f, &r-re i I../- co. STATE OF COLORADO COUNTY OF /3o()_, /r ) ) SS. ) The foregoing Renewable Agreement acknowledged before me this / I th m icha.-? I ]). m I ii.cl I e fpn My commission expires: (SEAL) ' as Pr I fl c i fa_ I for Services was subscribed, sworn to and day of rna.r 217 by of Drexel, Barrel & Co. BARBARA ANN KELLEY Notary Public State of Colorado Notary ID# My Commission Exoires

88 EXHIBIT A SCOPE OF SERVICES 1. The On-Call Surveyor shall support general surveying service needs assigned on an as-needed/oncall basis for selected capital improvement, and private land development projects within and around the jurisdictional boundary of Manitou Springs, including: a. Boundary determinations related to: i. Property lines ii. Easements iii. Right-of-ways b. Establish and adjust benchmarks and monuments related to: i. Street center lines ii. Right-of-way lines iii. Water tank sites c. Topographical surveys i. Traditional and aerial to determine locations and elevations of: 1. Existing improvements 2. Structures 3. Topographic features d. Research and survey work related to: i. Property divisions and mergers ii. Preparation of exhibits and legal descriptions iii. Public and private land ownership iv. Public and private easements v. Public improvements vi. Construction vii. Historic information e. Peer reviews of: i. Survey plats ii. Legal descriptions iii. Deeds prepared by other surveyors f. Preparation of Elevation Certificates 2. Assist the City in completing selected surveying projects. 3. Attend City Council meetings, Advisory Board and Commission meetings, Pike's Peak Rural Transit Authority meetings, Regional Recovery Group meetings, and other public meetings as requestedas the City's Surveyor of Record. 4. Other surveying related tasks as assigned. 5. Deliverables should include but are not limited to: a. GIS shapefiles of surveyed area b. Electronic and hard copy of signed survey plats c. Recording of all documentation required for the City d. Laying out staking for roadways, sidewalks or paths, underground utilities, storm drainage facilities, buildings or other appurtenances 6. Projects will be assigned to the On-Call surveyor following development of project specific cost and scope. 7. Hourly rates will be based on the Cost Schedule attached as Exhibit C

89 EXHIBIT B TASK ORDER FORM TASK ORDER NUMBER: TASK ORDER DATE: AUTHORIZED BY: CITY PROJECT MANAGER: PHONE: CONSULTANT PROJECT MANAGER: PHONE: DETAILED DESCRIPTION OF TASK: DATE REQUIRED: COMPLETION DATE: COST ESTIMATE ATIACHED: YES Amount: {Task cannot be authorized without cost estimate for task completion)

90 EXHIBIT C COST SCHEDULE CATEGORY HOURLY HOURLY RATE RATE Expert Witness Duties $

91 EXHIBITD <;:11.1\ADI!=INV! Jill= I HI l\a.,,nitn11 "nrin nrni<>rt<: Name of Organization HERE Invoice No.: Project Name HERE Invoice Date: Contract No: Original Work Item/Task Description Contract %Complete %Remaining Hours Amount Hourly Rate Amount Requested I Billable Total: Total % complete of project: Contract Amount Remaining: CERTIFICATE FOR PAYMENT: In Accordance with Contract Documents based on on-site observations and the data comprising this payment request, I hereby certify to the City of Ma nltou Springs (OWNER) that to the best of my knowledge, Information and,, belief, the Work has progressed as indicated, and the quality of the Work is in accordance with the Contract Documents. By: Title: Date: Note: Include notated documentation to meet invoice suaaort standards as required by the Davis-Bacon Act. (please provide this information in both diaital and oaper format) 1 5/JJ/17

92 ACORD 9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) \,...-'' 11/11/216 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER t:ixr.1e" Marsh Sponsored Programs gno Ext\: I CA/C FAX Not a division of Marsh USA Inc. PO Box 1444 #D i!ss:acecclientrequest@marsh.com Des Moines IA 536 INSURERCSI AFFORDING COVERAGE NAIC# INSURER A: Hartford Accident & Indemnity Co INSURED Drexel Barrell and Company INSURER B: Hartford Casualty Insurance Company INSURERC: Hartford Underwriters Insurance Co th Street Boulder, CO 831 INSURERD: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AuuL Su BR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER CMM/DDIYYYYl CMM/DDIYYYYl LIMITS., CLAIMS-MADE OCCUR MED EXP (Any one person) $1, A GENERAL LIABILITY y 84SBWVK246 12/31/216 12/31/217 EACH OCCURRENCE $1,, x COMMERCIAL GENERAL LIABILITY Prof. Liab. Exel. DAMA'>c: 1 v nc:,. 1 c:v PREMISES IEa occurrence\ $1,, PERSONAL & ADV INJURY $1,, GENERALAGGREGATE $2,, GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG $2,, I POLICY!;] 2,: nloc $ c AUTOMOBILE LIABILITY y 84UEGV /31/216 12/31/217 )SINGLE LIMll $1 x ANY AUTO BODILY INJURY (Per person) $ - ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ - AUTOS - AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS CPer accidentl $. - $ A x UMBRELLA LIAB - H 84SBWVK246 12/31/216 12/31/217 OCCUR EACH OCCURRENCE $5,, EXCESSLIAB CLAIMS-MADE AGGREGATE $5,, OED I x I RETENTION$ l $ B WORKERS COMPENSATION 84WEGBW /31/216 12/31/217 x I T.ri ii.t1!:: I 1orn AND EMPLOYERS' LIABILITY l=r Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,, OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L. DISEASE EA EMPLOYEE $1,, r's(:[ oc!'perations below E.L. DISEASE POLICY LIMIT $1,, DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 11, Additional Remarks Schedule, If more space Is required) CITY AND THE CITY'S OFFICER, EMPLOYEES, AND CONTRACTORS are included as additional insured when required by written contract. Primary/Non Contributory applies to GL and Auto when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF MANITOU SPRINGS Attn: CITY ADMINISTRATOR 66 MANITOU AVE MANITOU 9PRINGS, co 8829 ACORD 25 (21/5) AUTHORIZED REPRESENTATIVE / ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD

93 ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYYJ \...--' 1/31/216 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER it"' Marsh Sponsored Programs fit)gno Ext\: I IA/C FAX Nol: a division of Marsh USA Inc. PO Box 1444 #Dss:acecclientrequest@marsh.com Des Moines IA 536 INSURER(Sl AFFORDING COVERAGE NAIC# INSURED Drexel Barrell and Company 18 38th Street Boulder CO 831 INSURER A: Beazley Insurance Comoanv, Inc INSURERS: INSURERC: INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADuL su,"' POLICYEFF LTR TYPE OF INSURANCE INSR,Yl LIMITS lmn POLICY NUMBER IMMIDDIYYYYl GENERAL LIABILITY EACH OCCURRENCE $ - DAMAGE TO t<t:1 1 t::d COMMERCIAL GENERAL LIABILITY PREMISES IEa occurrence\ $ - D CLAIMS-MADE D OCCUR MED EXP (Any one person) $ - PERSONAL & ADV INJURY $ - GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG $ n POLICY n T nloc $ - AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT!Ea accident\ $ ANY AUTO BODILY INJURY (Per person) $ ALLOW\IED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS IPer accidentl $ $ -, -, - UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESSLIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ I WCSTATU- I T""'YLIMITS IOJ- WORKERS COMPENSATION AND EMPLOYERS" LIABILITY Y/N ANY PROPRIETOR/PARTNERIEXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Libaility V1CEB /31/216 1/31/217 Per Claim $2,, DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 11, Additional Remarks Schedule, If more space is required) Aggregate $2,, Deductible $25, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF MANITOU SPRINGS Attn: CITY ADMINISTRATOR 66 MANITOU AVE MANITOU yprings, co 8829 ACORD 25 (21/5) AUTH:;:rSE The ACORD name and logo are registered marks of ACORD ACORD CORPORATION. All rights reserved.

94 Shelley Cobau Public Services Director 66 Manitou Avenue Manitou Springs, Colorado 8829 From the desk of: Direct: Fax: Memorandum To: From: Cc: City Council Shelley Cobau, Public Services Director Jason Wells, City Administrator Rebecca Davis, Finance Director Date: May 1, 217 Re: Contract Approval Request, On-Call Engineering Services Bohannan Huston, Inc. Staff requests City Council approval of the attached Contract with Bonannan Huston, Inc., for professional engineering services. Specific projects will be outlined on a Task Order on the form included in the Contract. 1

95 CITY OF MANITOU SPRINGS Contract Checklist City Department: Public Services Dept. Staff Member: Shelley Cobau Type of Contract: Renewable Professional Services Agreement Contract #: n/a (ie: Services Agreement, Amendment, Change Order, Grant, etc ) Is contract related to State or Federal Funding (including Grants)? No Yes - Grant #: Funding Agency: Project Description/Location: Grant Amount: $ City Match Amount: $ On-Call Engineering services (Note: City Business License is required if business conducts 7 days or more a year of work in Manitou Springs contact the Finance Department) Agency/ Business name: Bohannan Huston Inc. Phone #: Agency/Business address: 9785 Maroon Circle, Ste 14 Englewood CO 8112 Street City State Zip (Required if related to State/Federal Funding)- DUNS #: (attach printout of info behind cover sheet) Point of Contact: Kevin Marland. / Sean Melville Senior V.P., Structural Engineering Name & Relation to Agency /Business Point of Contact Phone #: Sean cell Point of Contact Kevin kmarland@bhinc.com Contract Effective Date: Term. Date: End date Upon Completion Contract Amount: $ variable based upon consultation used Min - $55 per hour, Max - $235 per hour Sean smelvill@bhinc.com per Municipal Code Ordinance - Chapter 3.32 <$2K Approval required by authorized Dept. Head or designee -date approved: $5K -$2K min. 3 solicitation of verbal or written bids required ( Attached behind cover sheet) >$1K, then quotes required for materials and supplies ( Attached behind cover sheet) >$2K Approval required by City Administrator or designee- date approved: >$2K min. 3 solicitations of written bids required ( Attached behind cover sheet) >$5K Approval required by City Council date approved: >$1K, Formal RFP process required (( Attached behind cover sheet RFP information and other pertinent information) Check if bid is not required and state Reason bid is not required: Do Contract Terms include insurance coverage or bond requirement? No Yes - Insurance / Bond certificate/info attached at end of contract - n/a - Why n/a? Are there exhibits included in this Contract? No Yes - # of Exhibits: 3 - List Exhibits: A Scope of Services Attached B Task Order Form Attached C Cost Schedule /Contractor s Billing Rate Attached Execution City Official (print): Mayor Nicole Nicoletta Affidavit(s) within Contract are signed & notarized (or) n/a Original provided to City Clerk s office Copies provided to all interested parties Is contract related to State or Federal Funding (including Grants)? No Yes e-copy provided to Finance Department Verified & Submitted by City Staff Member (print & sign): Date: Comments: City Clerk s Office Only City Clerk verified: Destruction Date:

96 RENEWABLE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into this 16th day of May, 217, by and between the City of Manitou Springs, 66 Manitou A venue, Manitou Springs, Colorado 8829, a Colorado municipal corporation (the "City"), and Bohannan Huston, Inc. an independent contractor with a principal place ofbusiness at 9785 Maroon Circle, Suite 14, Englewood, Co 8112, with a telephone number of ("Contractor") (collectively the "Parties"). For the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: I. SCOPE OF SERVICES Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in the attached Exhibit A. No change to the Scope of Services, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the City. This Agreement expires on 6/1/218, provided that the City has the option to renew this Agreement for four additional successive one-year terms by providing Contractor with written notice of renewal prior to the expiration of the thencurrent one-year term. II. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the City shall pay Contractor an amount not to exceed the maximum amounts set forth in individual task orders for specific services as approved by the City from time-to-time. Projects shall be individually estimated and approved administratively by the City project manager, based on the task order (Exhibit B) provided to the Contractor, with billing rates for professionals as represented in Exhibit C. III. CONTRACTOR RESPONSIBILITY Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing. The services performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by others in the same or similar type of work, and in compliance with applicable laws, ordinances, rules and regulations. Contractor warrants that all materials provided as a part of the Scope of Services shall be free from defects for 24 months IV. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other prov1s1n of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a City employee for any purposes. V. INSURANCE 1 5/1117

97 A. Contractor shall procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor under this Agreement, including the following, at a minimum: 1. Worker's compensation insurance as required by law; and 2. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,,) each occurrence and one million dollars ($1,,) general aggregate naming the City and the City's officers, employees, and consultants as additional insureds. The policy shall be with a carrier and in a form acceptable to the City at the City's sole discretion. B. Any insurance carried by the City, its officers, or its employees or contractors is excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the City a certificate of insurance as evidence that required policies are in full force and effect. VI. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, insurers, volunteers, representatives, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement or the Scope of Services if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of any worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. VIII. PAYMENT AND BILLING A. As work is completed, Contractor shall complete and submit both digital and paper format, their invoice for Manitou Springs projects, in the required City format (See Exhibit C) and shall include all supporting documentation. B. Upon final acceptance of the work, the City shall make final payment to the Contractor pursuant to C.R.S IX. TERMINATION This Agreement shall terminate when all the work described in the Scope of Services is completed to the City's satisfaction or upon the City's providing Contractor with seven (7) days advance written notice, whichever occurs first. If the Agreement is terminated by the City's issuance

98 of written notice, the City shall pay Contractor for all work authorized and completed prior to the date of termination. X. ILLEGAL ALIENS A. Certification. Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under the Agreement and that the Contractor will participate in the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the Agreement. B. Prohibited Acts. Contractor shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; or (2) Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. (1) If Contractor has employees, Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. (2) Contractor shall not use the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. (3) If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under the Agreement, Contractor shall: a. Notify the subcontractor and the City within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under the Agreement; and b. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (a) hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under the Agreement; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under the Agreement

99 D. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. 8-l (5)(a) to ensure that Contractor is complying with this Agreement. E. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. F. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. IX. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in El Paso County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the City shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Contractor and the City, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either party without the written consent of the other. I. Governmental Immunity. The City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently three hundred fifty thousand ($35, per person and nine hundred ninety thousand ($99,) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S , et seq., as amended, or otherwise available to the City and its officers or employees. J. Rights and Remedies. The rights and remedies of the City under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall

100 in no way limit the City's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriations. Consistent with Article X, 2 of the Colorado Constitution, any financial obligations of the City not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the City hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year

101 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first set forth above. CITY OF MANITOU SPRINGS, COLORADO ATTEST: Mayor Nicole Nicoletta Office of the City Clerk CONTRACTOR By: /---./ 7 "-_,_.,, wt'y)exic.o STATE OF COLORAD8 COUNTYOF 6erna.lillo ) ) SS. ) y commission expires:_ (SEAL) Notary Public

102 EXHIBIT A SCOPE OF SERVICES 1} The On-Call Engineer shall support general engineering service needs for selected capital improvement, and private land development projects within the jurisdictional boundary of Manitou Springs, including: (1) Civil engineering, 1. Design and technical specification development, and technical review for a variety of civil infrastructure projects, including but not limited to: a. Local trails b. Pedestrian corridors c. Roadways d. Bridges (including new, and rehabilitation of historic} e. Utilities, stormwater, potable water, and sewer conveyance f. Park Improvements 2. Review of private land development project submittals and permit applications (2) Structural engineering, including but not limited to: 1. Design and technical specification development, and technical review for a variety of civil infrastructure projects, including but not limited to: a. Bridge and retaining wall project scoping reports b. Development of bridge construction and review standards for private vehicle and pedestrian bridges c. Bridge rehabilitation project design and/or peer review d. Development of routine maintenance and inspection standards 2. Capital improvement planning specific to historic bridge repair and rehabilitation (3} Transportation engineering, including but not limited to: 1. Signal and sign warrant studies 2. Traffic study preparation and peer review 3. Street improvement capital planning (4) Utility Design and technical specification development, and technical review for a variety of utility projects, including but not limited to: 1. Water distribution system improvements 2. Sanitary sewer collection system improvements 3. Stormwater system improvements 4. Peer review of capital and private land development utility designs (S} Environmental engineering 1. Preparation of geohydrological reports 2. Preparation of geotechnical reports 3. Preparation of environmental impact statements 4. Peer review of capital and private environmental reports. 2} Assist the City in completing selected engineering and capital improvement projects. 3} Attend City Council meetings, Advisory Board and Commission meetings, Pike's Peak Rural Transit Authority meetings, Regional Recovery Group meetings, and other public meetings as requested-as the City's Engineer of Record. 4} Prepare/review requests for proposals and provide assistance in the management of all design and construction services to be provided by outside design consultants and Construction Manager/General Contractor (CM/GC} services as requested

103 5) Other engineering related tasks as assigned. 6) Projects will be assigned to the On-Call Engineer following development of project specific cost and scope, and schedule and outlined and approved on a standard Task Order, attached as Exhibit B. 7) Hourly rates will be based on the Cost Schedule attached as Exhibit C

104 EXHIBIT B TASK ORDER FORM TASK ORDER NUMBER: TASI< ORDER DATE: AUTHORIZED BY: -- CITY PROJECT MANAGER: PHONE: CONSULTANT PROJECT MANAGER: PHONE: DETAILED DESCRIPTION OF TASK: DATE REQUIRED: COMPLETION DATE: COST ESTIMATE ATIACHED: YES Amount: (Task cannot be authorized without cost estimate for task completion)

105 BOHANNAN HUSTON, INC. FEE SCHEDULE EXHIBIT C PROFESSIONAL 1 2 HOURLY RATES I LEVEL Engineer $95 $11 $13 $15 $17 $21 $235 Surveyor $95 $11 $13 $15 $17 $21 $235 Photogrammetrist $95 $15 $125 $145 $165 $25 $235 Programmer/Analyst $11 $12 $135 $155 $175 $21 $25 Technical Manager Computer, GADD, Spatial Data, Photogrammetric, Multi-Media $15 $115 $13 $15 $17 $21 $235 Architect I Planner $9 $1 $115 $13 $145 $175 $25 Technical Analyst Computer Systems, Help Desk Support $7 $85 $1 $115 $13 $15 $185 Engineering Technician EnQineerinq Desiqner, GADD Consultants $7 $75 $8 $9 $1 $115 $135 Construction Observer $7 $75 $8 $9 $15 $12 $16 Graphics Specialist Multimedia, Animation, Visualization Soecialist $7 $75 $8 $9 $1 $12 $135 Geospatial Analyst Mappinq, Photoqrammetrv, GIS Specialist $7 $75 $8 $9 $1 $115 $135 Survey Technician Party Chief, Instrument Person, Survev Specialist $7 $75 $8 $9 $1 $115 $135 Materials Technician $55 $6 $65 $7 $75 $8 $85 Administrative Professional/Manager Marketing Coordinator, Technical Writer, HR Professional, Accountant $15 $115 $125 $14 $16 $21 $235 Administrative Assistants Clerical, Administrative Assistants $55 $65 $75 $85 $95 $15 $12 MATERIALS AND REIMBURSABLE EXPENSES Plotting, Printing and Binding - As invoiced at cost of labor and materials. Courier I Delivery Service - As invoiced by provider. Mileage - Two-Wheel Drive Vehicle rate as published for the IRS Standard Mileage Rate. Four-Wheel Drive Vehicle rate is the IRS Standard Mileage Rate plus $.1 per mile. Per Diem/Travel - Field personnel in accordance with the latest GSA Schedule based on location of service. Office/Professional staff travel costs, meals and lodging will be billed at cost. Survey Equipment Charge - $25./Hour. Survey Material Charge - $1.5/Hour. Expert Witness - Rates shall be $3./Hour with a minimum of four hours while in court. Other Direct Project Expenses - At Cost. Overtime - Performed upon request of the client; will be invoiced at 1.3 times the standard hourly rate. Applicable Gross Receipts or Sales and Use Tax - Added to all fees charged for professional services unless they are exempt and official documentation is on file with Bohannan Huston, Inc.

106 DEPARTMENT PROGRAM AFFIDAVIT [To be completed if Contractor participates in the Department of Labor Lawful Presence Verification Program] I,, as a public contractor under contract with the City of Manitou Spri s (the "City"), hereby affirm that: 1 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Contract") with the City within twenty (2) days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Contract; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Contract. N.l{jJ (IA.Uµ 'c_ STATE OF Gebelb\-Be- COUNTY OF 13,e (v_,(, /lo ) ) SS. ) The foregoing instrument was subscribed, sworn to and acknowledged before me I "?"!' day of Mlljj, 217 by.]vb 1 Hue6Nd-, as Set1-l6V H. R.... ua t1 Bohannan Hust n, Inc. \ My corri.mission expires: J oj lr-'-j If, 1 u J I (SEAL) OFFICIAL SEAL Marylin Coleman NOTARY PUBLIC ST ATE OF NEW M XICO My Commission Expire s: 7- "J.O

107 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. INSURED INSURER A : INSURER B : INSURER(S) AFFORDING COVERAGE NAIC # INSURER C : INSURER D : Advantage Workers Compensation Insurance Company 4517 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ X OTHER: $ Ded $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS BOHAHUS-1 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ A EXCESS LIAB CLAIMS-MADE 34XHUVT9367 8/1/216 8/1/217 AGGREGATE $ 1,, DED RETENTION $ $ WORKERS COMPENSATION PER OTH- X AND EMPLOYERS' LIABILITY STATUTE ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N N / A E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ $ $ 9/27/216 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT License # NAME: HUB International Insurance Services (NMX) PHONE FAX (A/C, No, Ext): (55) (A/C, No): (866) Jefferson Street NE Suite 11 ADDRESS: Albuquerque, NM 8719 Bohannan Huston, Inc. 75 Jefferson St. NE Albuquerque, NM Hartford Casualty Insurance Company Hartford Fire Insurance Company New Mexico Assurance Company Continental Casualty Company 2443 BMOYA A X 1,, X X X 34UUNZG24 8/1/216 8/1/217 3, B X X X 34UENZG117 8/1/216 8/1/217 X X 1, 1,, 2,, 2,, 1,, X X 1,, X 1, C X /1/216 8/1/217 1,, 1,, 1,, D Work Comp/Oth States /1/216 8/1/217 Per Statute 1,, E Prof/Poll Liability AEH /1/216 8/1/217 2,,/4,, 1, DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 11, Additional Remarks Schedule, may be attached if more space is required) Re: City of Manitou Springs Flood Control Master Plan CERTIFICATE HOLDER City of Manitou Springs 66 Manitou Avenue Manitou Springs, CO 8829 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (214/1) ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD

108 WILLIAMS CANYON PHASE Ill DESIGN BUILD FLOOD RECOVERY INDEX OF DRAWINGS TITLE COVER SHEET GENERAL NOTES AND SPECIFICATIONS (SHEET 1 OF 3) GENERAL NOTES AND SPECIFICATIONS (SHEET 2 OF 3) GENERAL NOTES AND SPECIFICATIONS (SHEET 3 OF 3) EXISTING CONDmONS DEMOLITION PLAN STREET GRADING PLAN CURB AND GUTTER, SIDEWALK, AND WALL SECTIONS AND DETAILS CANON AVENUE WALLS AND GATES PLAN AND PROFILE PARK AVENUE WALLS AND GATE PLAN AND PROFILE WALL AND GATE LOCATION SECTIONS (SHEET 1 OF 2) WALL AND GATE LOCATION SECTIONS (SHEET 2 OF 2) SODA SPRINGS PARK PLAN SODA SPRINGS PARK PROFILES BOX CULVERT TRASH RACK PLAN AND PROFILE BOX CULVERT INLET TRASH RACK DETAILS 6' x 2' PEDESTRIAN GATE 6' X 3' PEDESTRIAN GATE 12' X 2.58' VEHICLE GATE 12' X 3' VEHICLE GATE 2' X 2.58' VEHICLE GATE DRAWING NO. G1 G2 G3 G4 G5 G6 C1 C2 C3 C4 C5 C6 C7 coos S REV.. a. ""' Ill :J,g " c "' PREPARED FOR: VICINITY MAP NTS CITY OF MANITOU SPRINGS FLOOD RECOVERY AND RESILIENCY DEPARTMENT 66 MANITOU AVENUE, MANITOU SPRINGS, CO 8829 CONTACT: SARA HARTLEY, HAZARD MITIGATION AND RESILIENCY DIRECTOR PHONE: CELL: % DESIGN APRIL 217 PREPARED BY: amec foster wheeler 2 South Colorado Bouldevard Suite 2-1 Denver, CO 8222 Contact: F. Robert McGregor, PE Phone: Cell:

109 LEGEND: = EXISTING CURB ONTOUR EL. FEET = AND GUTIER - = EXISTING WAL.LS EXISTING GROUND - - SURFACE c - EXISTING BUILDING " - EXISTING STOR M LINE - - EXISTING SAN rrary LINE ' - - ' EXISTING WATER LINE - EXISTING GAS ro - ro LINE ow - EXISTING FIBER PTIC LINE - E EXISTING OVERHEAD - E- EXISTING El.E U11LITY LINE CTRIC LINE DESCRIPTION PROJECT WIWAMS CAN'll ; ON PHASE Ill amec foster wheeler EXISTING CONDITIONS

110 "- = EXISTING CURB AND GUTIER EXISTING STORM LINE EXISTING SANITARY LINE EXISTING WATER LINE EXISTING GAS LINE EXISTING F IBER OPTIC EXISTING LINE u HEAD U EXISTING E TH.JTY LINE l.ectric LINE 6"1J: 3NHOI.. SANITARY S. ':/" ElE II.- 63 H. t-1-' (W.:t CONCRETE NW) B" PVC REMOVED EA REPLACED TO BE AREA GRATE ;;;" El V '. J43.65' (s) 12 RCP =A!:S FRAillilff:J: BUILDING CO POST 1J ADDRESS: f8 PARK Ai.- / CONCRETE REIAOVED AN';!"EA TO BE REPLACED RELOCATE HYDRANT DESCRIPTION PROJECT WIWAMS CAN'll ; ON PHASE Ill amec foster wheeler DEMOLITION PLAN

111 AREA GRATE G1?A TE ELEV.-6.H'l-.89' INV: 6.J4J.4.9' (S) 12 RCP \ ' I I - Sl<NITARY SEHER MANH(X RIM ELEV! 634S' 'J.IANHOt.E LOCKED) -.., - 'h' ' AREA 61?ATE GRATE aev:6j45.(j.5. /Nv.' 6J-IJ.65' (S) 12" RCP L_ I I L_ SAN/TAR'!' SER MANHOLE RI.Al ELEY: ' BOT Of" MH: 5J22' (APPROX) (UNABLF TO LOCATE JN'. RT OF PIPE) / / SANITARY SEi+FR M/d,NHOlE RIN ELEV: INY: GJ44 56' (. I+;' d- NW} 8" Pvt:' ADJUST RIM TO FINAL GRADE PARK AVE.,. IL "' I "' " z :5 IL " z i5 /" " "'!! / c.!: "' C! " " E ii "' c a "' " "' c,. ".., "' "' r- e "' $ ;,: " I.. " b e " REV IL > 'C o.! / ::J "' :::>.:J I % I I I LEGEND: I I 1 -STORY BUILD/NC EXISTING GROUND SURFACE CONTOUR EL. FEET --1 DOc=== PROPOSED GROUND SURFACE CONTOUR EL, FEET ===== PROPOSED CURB AND GUTTER ===== PROPOSED WALLS DATE ss PROPOSED WALL FOOTERS EXISTING CURB AND GUITER EXISTING STORM LINE EXISTING SANITARY LINE EXISTING WATER LINE EXISTING GAS LINE EXISTING FIBER OPTIC LINE EXISTING OVERHEAD UTILITY LINE EXISTING ELEClRIC LINE DESCRIPTION CLIENT / / FL ELEV= END NEW CURB AND GUTTER FL ELEV=6346. ( MATCH WALL GRADE FL ELEV= FL ELEV \ I FL ELEV= " _@:- / - D- s8 / / / / ' \ "' / M{Jl r1-l Va \ / STAIRS \ " / FRAME.t- STUCCO / BUllOINC _,,,, POSrEO ADDRESS:,,,,.- 18 PARK AVE FT ll-ij!'iiiiiii--;;;;liiiiiil!!!!!!l'ii'iiiiiiiiiiiiiiiiiiiiiiiiiiiiil 1 PRDVIDED BY ISSUED FOR PROJECT "" / MVLn-lE VEL FRAME STUCCO BiJJLDINC POSTED ADDRESS: 18 PARK AJ.f"": STORA/ S WEfi MANHOlE RIAi l V: ' BOT OF BOX 63432' (N) f_s'x3' CULVERT (GAN 5 DIRECTION, UNABLE TO OBJ.A.IN INVERT) STORU SEWER MANHOLE RIM ELEY ' CITY OF MANITOU SPRINGS 6% DESIGN WIWAMS CANYON PHASE Ill DISCLAIMER AMEC FOSTER WHEELER PRODUCED THE INFORMATION PRESENTED ON THIS DRAWING THROUG H THE US E OF TECHNICAL INFORMATION AND PRACTICAL EXPERIENCE SPECIFI C TO ITS EFFORTS, RECEIVING THIS DRAWING DOES NOT GUARANTEE ANY RIGHTS TO SUCH TECHNICAL IN FORMATION AND PRACTICAL EXPERIENC E. ANY ALTERATION OR ADAPTATION OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT USER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER. amec foster wheeler DAN BY DSN BY CHK BY APR BY MGC FAW EJL FRM TITLE STREET GRADING PLAN \ 1 I I I SANITARY SEM R AiANHOlE RIAi El. 635a34' /NV: 63#.14' (W NW) B" Pl-C ADJUST RIM TO FINAL GRADE 1\ '\\--'\:,..._ &A.NITAR'I SEV.ER MANHOLE \ \\ RIM ELEV ' \ \\ /Nlr (W) B" P..:' \ \ '\ \ \ ISSUED DATE 4/21/217 PROJECT No DRAWING No. REV C1

112 e EXISTING ti WALL T.O. EXISTING WALL EL g :i.. It)... "" s "' I "'.,; z I/) t;; w / " "'!! / c.!: "' C! " " E ii "' c a I/) " "' c :i.., "' "' r- e "' $ ;,: " I.. b e ".. > "<: o.! / ::J "' :::>.:.J REV DATE CURB AND GUTTER 1 SECTION 2'-4" SIDEWALK lhickr-4-' SIDEWALK WALL BASE/ r WALL --i r- 1' " j 3.5' CURB AND GUTTER 5.5'-6.' i lhick SIDEWALK I SECTION 1'-4" 1HICl<n3.5' WALL BASE/ =1 SIDEWALK SIDEWALK EXISTING CURB AND r--r ''-i GUTTER TO EXl511NG 1. LL EL IEXGI 1 6 "1 r '-' 1 '-" ' '-o DESCRIPTION SECTION CLIENT CITY OF MANITOU SPRINGS DISCLAIMER AMEC FOSTER WH EELER PRODU CED THE INFORMATI ON PRESENTED ON THIS DRAWING THROUGH THE US E OF TECHNICAL INrDRMATION AND PRACTICAL EXP ERIENCE SPECIFI C TO ITS EFFORTS. RECEIVING THIS DRAWING DOES NOT GUARANTEE AN Y RIGHTS TO SUCH TECHNICAL IN FORMATION AND PRACTICAL EX PERIENC E. ANY ALTERATION OR ADAPTATI ON OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT US ER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER. SECTION FT I -- PROVIDED BY amec foster wheeler 1.5' l o'-4""] T. WALL L ' ISSUED FOR 6% DESIGN DAN BY DSN BY CHK BY APR BY MGC Fl!M EJL Fl!M TITLE PROJECT 5.5'-6.5' SIDEWALK CURB AND \ r-4"1hick GUTTER \ lr < I I 6" CONCRETE WALL (SEE SHEETS C5 &: C6 FOR DETAILS) STONE VENEER MANITOU SPRINGS BLEND (EUROPEAN CASTLE) SECTION TOP CN' 8 WALL DETAIL MORTAR APPLIED DIRECTLY TO UNTREATED, UNPAINTED CONCRETE WITH ASTM C 178 ROUGHNESS WIPER WALL TO BE RECESSED IN STONE VENEER ON INSIDE WALL OF THE GATES MORTAR JOINT (TYP.) WIWAMS CANYON PHASE Ill CURB AND GUTTER, SIDEWALK, AND WALL SECTIONS AND DETAILS ISSUED DATE 4/21/217 PROJECT No DRAWING No. REV C2

113 1 1 ;; "',_ % N I... "' z z cs / ""'!! / c.!: N C! " " E ii "' c a "' " "' c " "' s 63.., "' "',_ e "' $ ;,: " I.. b e " IL > 'C o.! / ::J "' :::>.:J REV DATE,.., "' "' lq 11 I I I I L" I "' 63-s- WALL GZ, I SECTION I"'"' SHEET COOS WALL G1 ' NEW WALL TO BE PLACED AGAINST EXISTING WALL UNKNOWN unlmes Gj WEtJ f r I GENERATOR I,,, , \ WALL E1 Cc(' "" "' ;- WALL C2 SECTION G SHEET COOS 5 D 5 1 FT --.i I I -t. +, + I t TOPPING I ' ' l r- t f.c:'.,,..., - -RRRRRRRRN N>NNNNNN 6' PEO. GATE SUB (m'.). NNN "' o. "'.o """' "'... cxj c; eo.i <D :;i "' :;i DESCRIPTION,,., a.o eo.i cn :;J "" "' o+eo CLIENT 2' \'El11CU: Q,TE ,.; "' II -- l PLANTE BOX ' ' I ' '.. t-- I " 1 ANa-tOR v SLAB (TYP.),,.,a. "'. "',..] ci "" cn:;j "' "" cn :;J "' S S 1 FT 1MJ iiiiiiiiiiiiiiiiiiiiiiiiiiijj 1 HORIZONTAL CITY OF MANITOU SPRINGS DISCLAIMER AMEC FOSTER WH EELER PRODU CED THE INFORMATI ON PRESENTED ON THIS DRAWING THROUGH THE US E OF TECHNICAL INrDRMATION AND PRACTICAL EXP ERIENCE SPECIFI C TO ITS EFFORTS. RECEIVING THIS DRAWING DOES NOT GUARANTEE AN Y RIGHTS TO SUCH TECHNICAL IN FORMATION AND PRACTICAL EX PERIENC E. ANY ALTERATION OR ADAPTATI ON OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT US ER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER.. "' "'"'.N ci ci "" "' "" "' cn :;J "' :;i ' ' ci "',.., o+so S S 1 FT IM--- wlliiiiiiiiiiiiiiiiiiiiiiiiiiijjl VERTICAL PROVIDED BY amec foster wheeler I ISSUED FOR 6% DESIGN DAN BY DSM BY CHK BY APR BY MGC FAM EJL FAM TTTLE J PROJECT.&351. I ' -., ,....o.,,., <n:;j "" "' +2 WALL A2 SECTION F SHEET COOS REMOVE EXISTING WALL TO AFTER GAlE AND INSTALL NEW WALL I row s "' 6' PED. Q>,TE I n,_ ".R. t 34,....,. - l,., I. "' N...= <n:;j "" "' +1 o+oo ' 36 3SO LEGEND: 1 BB EXISTING GROUND SURFACE CONTOUR EL. FEET = :::::±ilil::== PROPOSED GROUND SURFACE CONTOUR EL. FEET ===== PROPOSED CURB AND GUTTER ===== PROPOSED WAUS PROPOSED WALL FOOTERS = = = = EXISTING CURB AND GUITER EXISTING STORM LINE EXISTING SANITARY LINE EXISTING WATER LINE EXISTING GAS LINE EXISTING FIBER OPTIC LINE EXISTING OVERHEAD UllLITY LINE EXISTING ELECTRIC LINE ISSUED DATE WIWAMS CANYON PHASE Ill 4/21/217 PROJECT No CANON AVENUE WALLS AND GATES PLAN AND PROFILE DRAWING No. REV COOJ

114 .. w --w-- I.- - I!; I I i' I I PARK AVE "" < "'... N '... $ I "' lo ii: "" "' / " "'!! / c.!: N C! " " E ii ""' c a "' " "' c " "".., "' "'... e "' $ ;,: " I.. " b e " REV IL > 'C o.! / ::J "' :::>.:J I I I I I I p.,(-""'ijp..(p.,(p.,( I I I-STORY BUILDING I I row-e348.o I I I - I. 4, r,.4. l I ;w-- ---IJ.'"ol-- ---'----IJ.'"ol----- I I WALIC I '.'. I 634.f5 J.>ool.PoilPo<IJ.l 1p.,( J.>oolp.,( I I row-sj.u1.p I - r,,... 1 I I I I I I I I 1 -e34g.o I I I 't 1 ---LJ.>ool--, c-: -:;. " -"...,... is:;rlq'[lq'jq'lq' IQ' lq' lq' lc' lq' lq' JS;; aaaaaa a a c a a a 1u is.:r u.ts.j" is.:r is.:r 15.:: IS.:r IS.:r IS.:r IS.:r IS.:r IS.:r IS.:r /s.:r IQ! IS.:r 11 '!;:;(IQ!;;;( IQ!;;;( I;:;(JQ!JJQ!;;;(JQ!;;;(JQI;:;(J:,;;[I;:;(JQ!J ""....,..,...,..,..,.., ""..,...,.., '" N O _o -.,; Le) + "' ;;\ lci "' "'"' LEGEND: ==:::'11:li9!!l9t::==- EXISTING GROUND SURFACE CONTOUR EL, FEET =='!:ilil== PROPOSEO GROUND SURFACE CONTOUR EL. FEET ===== PROPOSED CURB AND GUITER ===== PROPOSED WALLS DATE PROPOSED WALL FOOTERS EXISTING CURB AND GUITER EXISTING STORM LINE DESCRIPTION NO. [6 1+5 I +O. "'. "'. G rj ra [6,, o "' l6 rj N O. ra.., o. r EXISTING SANITARY LINE EXISTING WATER LINE EXISTING GAS LINE EXISTING FIBER OP11C LINE EXISTING OVERHEAD UTILITY LINE EXISTING ELECTRIC LINE CLIENT CITY OF MANITOU SPRINGS DISCLAIMER AMEC FOSTER WH EELER PRODUCED THE INFORMATI ON PRESENTED ON THIS DRAWING THROUGH THE US E OF TECHNICAL INFO RMATION AND PRACTICAL EXP ERIENCE SPECIFI C TO ITS EFFORTS. RECEIVING THIS DRAWING DOES NOT GUARANTEE AN Y RIGHTS TO SUCH TECHNICAL IN FORMATION AND PRACTICAL EX PERIENC E. ANY ALTERATION OR ADAPTATI ON OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT US ER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER. 6 1iii+iiiiiiiiii!!MM --iiiiilqsi iiiiiiiiiiiiiiiiiiiijjjjjj HORIZONTAL PROVIDED BY amec foster wheeler 1i n I + row-e=.o 12 VD11ClE CATE I I I I lopping \ SLAB (TYP.) f- -, I.,,.. I - ANCHOR_/ SLAB (TYP.),, o "' r-- "' o a O ao., o..... rn cci rn "? g ::ii IL ekd COURSE _j lolo'.ttrial (TYP,) ' 634 "'!1.,..,. ;;' :;;!.,. ' l6 rd ra ra g rd ra g rj <O ::l "' <O o+oo 6 1iii+iiiiiiiiii!!ww;;Jiiiiiiii iiiiiiiiiiiiiiiii 1 j n VERTICAL ISSUED FOR PROJECT ISSUED DATE 6% DESIGN WIWAMS CANYON PHASE Ill 4/21/217 DAN BY TITLE PROJECT No. MGC DSM BY F'RM CHK BY PARK AVENUE WALLS AND GATE PLAN AND PROFILE DRAWING No. REV EJL APR BY F'RM C4 "' "'

115 "' 12 f5 J lo'-6" T.O. WALL EL I L- _j BED COURSE MATERIAL (<6lC FlNES) COMPACTED AND PLACED ON 4'-" PREPARED SUBGRADE #4 12 #5 J 12 1'-8" r;:::=:;i;;::::f=:::;::'s:t1 T. WAl.l.S C2, CJ EL WAl.l.S D2 EL I. WAl.l.S J2, K EL ro:rn 'f 1'-' I BED COURSE MATERIAL ( <6lC FlNES) COMPACTED AND PLACED ON PREPARED SUBGRADE #4 12 t 2 - _J l-4'-6" j BED COURSE MATERIAL (<Sit; FlNES) COMPACTED AND PLACED ON PREPARED SUBGRADE "" < 8 "'... N '... $ I "' ls '! "' z "' / " "'!! / c.!: N C! " " E ii "' c a "' " "' c " "".., "' "'... e "' $ ;,: " I.. " b e " REV DATE DESCRIPTION IL > 'C o.! / ::J "' :::>.:J #4 12 1/5 Jo 12 1'-11" WALL SECTION WALL f>:l. WALL SECTION WALLS 82, F2, G2, J 1 CLIENT CITY OF MANITOU SPRINGS DISCLAIMER AMEC FOSTER WHEELER PRODUCED THE INFORMATION PRESENTED ON THIS DRAWING THROUG H THE USE OF TECHNICAL INrDRMATION AND PRACTICAL EXPERIENCE SPECIFIC TO ITS EFFORTS. RECEIVING THIS DRAWING DOES NOT GUARANTEE ANY RIGHTS TO SUCH TECHNICAL IN FORMATION AND PRACTICAL EXPERIENCE. ANY ALTERATION OR ADAPTATION OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT USER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER. #4 12' WALL SECTION WAUS C2. C3. D2. J2, K I T.O. PROPOSED GROUND 1 2'-" -_J >-----5'-"-----< PROVIDED BY amec foster wheeler I WALL SECTION WALL E2 TO. WALl. L '-" 1 - t BED COURSE MATERIAL ( <6lC FINES) COMPACTED AND PLACED ON PREPARED SUBGRADE ISSUED FOR 6% DESIGN DAN BY DSN BY CHK BY APR BY MGC JDF EJL FlRM TTTLE PROJECT WALL 82 GATE NOT SHOWN WALL SECTION WALL 12 r i I #4 o /5 J 12" 1 -s L-6'-1"_J WALL A1 1 -s GATE LOCATION SECTION WAUS Al, 82 WIWAMS CANYON PHASE Ill T.O. WALL EL BED COURSE MATERIAL ( <6lC FlNES) COMPACTED AND PLACED ON PREPARED SUBGRADE WALL AND GATE LOCATION SECTIONS {SHEET 1 OF' 2) ISSUED DATE 4/21/217 PROJECT No DRAWING No. REV C5

116 WALL C1 EL T.O.WALLr o'-e"i 4' -" GATE NOT /14 o 12 I ClW----- CJ ::::;::::::::::===;::::::±t1 1'-" _ <-+--- EL o'-6" #4 12" #4 12' #5 Lo 12 #5 J i -e 4' -" GATE NOT # 4 o 12 I - SHOWN (T&B) 12 i -e L_ rtt=-::::cj;::::::_:::;_;:_=_=_:;::::_=_::;_=_::::::;_;::_=_=;:=-:;:-=-=-::;=-=-:::;-;::-=-$-=l"i:-:;:-=-::;-=-=-:::;-;::::::-=-;:-=-=::;-=-=-::::;-=-==-;:-=-=-:;::::-=-::;-=-=-=:;:-::3t"j 1'-" _ < WALL D1 1 -e T.O. PROPOSED GROUND T.O. WALL EL "" < 8 "'... N... $ I "' ls '! "' z "' / " "'!! / c.!: N C! " " E ii "' c a "' " "' c " "".., "' "'... e "' $ ;,: " I.. " b e " IL > "<: o.! / ::J "' :::>.:.J REV DATE T.D. WALL EL '-6" DESCRIPTION BED COURSE MATERIAL (<6" FINES) COMPACTED AND PLACED ON PREPARED SUBGRADE, '-4" WALL G1 GATE NOT SHOWN GATE LOCATION SECTION WALLS 81, C1 r----s 4 I #4 o I I /14 o 12 #5 Jo 12 #5 Lo 1=" 1-11 i '-4" GATE LOCATION SECTION WALLS F1, G1 CLIENT WALL F1 T.O. PROPOSED GROUND T.O. WALL EL BED COURSE llaaterial ( <6" FINES) COMPACTED AND PLACED ON PREPARED SUBGRADE CITY OF MANITOU SPRINGS DISCLAIMER AMEC FOSTER WHEELER PRODUCED THE INFORMATION PRESENTED ON THIS DRAWING THROUG H THE USE OF TECHNICAL INrDRMATION AND PRACTICAL EXPERIENCE SPECIFIC TO ITS EFFORTS. RECEIVING THIS DRAWING DOES NOT GUARANTEE ANY RIGHTS TO SUCH TECHNICAL IN FORMATION AND PRACTICAL EXPERIENCE. ANY ALTERATION OR ADAPTATION OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT USER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER. PROVIDED BY amec foster wheeler T.O. WALL EL 635. ISSUED FOR BED COURSE llaaterial (<6" FINES) COMPACTED AND PLACED ON PREPARED SUBGRADE WALL 11 o'-6"1 GATE LOCATION SECTION WALLS D1, E1 ' '-4" #4 12" #4 12" #5 Lo 12 h-;o""'""-r--,-;==:-r--r="""'---,-;=-r,..,.---..,...,,,.,.,,-r--,--,,,.,,,.,-"'"""'.,,,..,----,:-;=""71 1'-" _1 ----e--- BED COURSE llaaterial (<6" FINES) COMPACTED AND PLACED ON PREPARED SUBGRADE i , PROJECT GATE LOCATION SECTION WALLS H, 11 6% DESIGN WIWAMS CANYON PHASE Ill DAN BY DSN BY CHK BY APR BY MGC JDF EJL FRM TTTLE WALL H T.D. PROPOSED GROUND T.O. WALL EL WALL AND GATE LOCATION SECTIONS {SHEET 2 OF' 2) ISSUED DATE 4/21/217 PRDJECT No DRAWING No. REV coos

117 --,,,_ _ w 'fl LEGEND: tejl EXISTING GROUND SURFACE CONTOUR EL, FEEr ==- === 6gD EER SURFACE ===== PROPOSED CURB AND GUTTER ===== PROPOSED WAU.S PROPOSED WALL FOOTERS EXISTING CURB AND GUTTER EXISTING STORM LINE EXISTING SANITARY LINE EXISTING WATER LINE EXISTING GAS LINE EXISTING FlBER OPTIC LINE EXISTING OVERHEAD UTILrTY LINE EXISTING ELECTRIC LINE., BOULOD?S -- c--- STORN SEJl.ER AIANHQL \ RIM ElEV: ' (MANHOLE LOCKED) I-STORY BUILDING \ \ \ \ \ \ \ _J., "' c a "' " "' c " " NO!?THERLY EOGE OF WALL DAN BY DSN BY CHK BY APR BY MGC FlRM EJL FRM TITLE SODA SPRINGS PARK PLAN DRAWING No. REV C7

118 63 5 I l ffil "' I ffio ffi!i!o :.-;= -_.. 9 :::> :::> 1' il o.m -u :I f:!, !'!1 I I I I uf ij L I I t ,, a... CJ) <O "' ". "' "' + "' :Ji "'.o.o r: "!....o. r..: a) N ' ;!; :; ; ;!; ""'..,.., rj ' CD "'CD <O CD "' "' "' "' "' o+.w o+oo TYPICAL GRADE CONTROL PARK SECTION SCALE: 1" = 6 5 CREST DRAIN COURSE MATERIAL BOULDERS :i:..,..... :;:- I "! "" "' I/) "' z ii!: IL I/) <' I/) / " "'!! / c.!: "' C! " " E ii "' c a I/) " "' c.., "' "'... e 63 5., "' $ ;,: " I.. " b e " REV DATE DESCRIPTION IL > 'C / ::J "' :::>.:J 63 3 " "' "' !!, I I!1 :I! - 1- J - I r--_=t-. -J.,b.-"'r--'=---t----Ti --t-----r---t ---7'1 G._, t"""""'l7, l-----l ffi l L m O "! ci q,.., r-. _o <O :=:. N,..; ;:...: '1i ;;; :;: :;: - " - ;.,. ;!; oo :;l <O :;i [6 ra ra "' CD "' <O o+oo +_ _± (_ t_ PARK SECTION SCALE:,. = 6' mt- '"'! l's t- 2o + l'.; l'.; sil,_ t l's-' " o.m i;!u, l - - L lj "' ai,,, - 1+ I I ffi ffi 9 9 I il il '?" l'l;ii - c u - I I I I N O "'. N "'... "'! " r-1 :;: - N., ,. - :;i :6 :6 :;i CLIENT CITY OF MANITOU SPRINGS DISCLAIMER AMEC FOSTER WH EELER PRODUCED THE INFORMATI ON PRESENTED ON THIS DRAWING THROUGH THE US E OF TECHNICAL INrDRMATION AND PRACTICAL EXP ERIENCE SPECIFI C TO ITS EFFORTS. RECEIVING THIS DRAWING DOES NOT GUARANTEE AN Y RIGHTS TO SUCH TECHNICAL IN FORMATION AND PRACTICAL EX PERIENC E. ANY ALTERATION OR ADAPTATI ON OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT US ER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER. I t "' ID.,;... :a +5 PARK SECTION SCALE: 1" = 6' PROVIDED BY amec foster wheeler J', ml ---- ('[) "'o.o N - ui "' ".,..,. "' + "'.,. < :;! "' "' "' "' o+oo ISSUED FOR PROJECT 6% DESIGN WIWAMS CANYON PHASE Ill DAN BY DSM BY CHK BY APR BY MGC Fl!M EJL Fl!M TTTLE SODA SPRINGS PARK PROFILES ISSUED DATE 4/21/217 PROJECT No DRAWING No. REV coos

119 STRUCTURAL SJEEL 1. STEEL CONSTRUCTION SHALL CONFORM TO THE SPECIFICATIONS AND STANDARDS CCJ'lTAIHED IH THE LA TEST EDITICJ'l OF THE AISC STEEL CONSTRUCTION MANUAL BOLTING SHALL CONFORM TO THE AISC SPECIFICATION FOR BOl TING USING A325 BOl TS. V!IllllNG SHALL CONFORM TO AWS STRUCTURAL WELDING CODE. D UNLESS OTHERV!lSE SPECIFIED STIEEL SHALL CONFORM TO: A) SHAPES, PLA TE5, c!c BARS ASTM AJ6 B) BOLTS ASTM AJ.25, T'll'E 1, GALV, 5/B" DIA.. MINIMUM C) WELDING E7XX, 3/16" MIHIMUW 1/2" WEDGE 24" Et.EEO 5112" PANEL NO. 5 1/2"WEDGE ANCHOR@24" EMBED 5112" EL EL HARDENED, HEAVY-DUTY WASHERS OR PLATIE WASHERS SHALL BE USED AT ALL O\IERSIZED OR SLOTTED HQ.ES. WASHERS SHALL NOT BE USED AT STANDARD HOLES, UNLESS PRE\llOUSL Y APPROVED BY THE ENGINEER. 4. ALL V!IlllS SHALL BE SLAGGED AND SHALL REMAIN UNPAINTED UNTIL INSPECTION HAS BEEN COMPl TED AND APPRO\IED. 5. WELDING SHALL BE IN ACCORDANCE \\lth PRE-QUALIFIED PROCEDURES, BY WELDERS CERTIFIED FOR THE MATIERIAL, WELD, POSITION, AHO PROCEDURES EMPLOYED. WELDING SHALL BE PER AWS D1.1, FlGURE J.3. EACH WELD SHALL BE FULLY DETAILED ON SHOP DRA\\lNGS PER AWS A2.4, 1/2" WEDGE ANCHOR@ 24" Et.EEO S 1/2" 1/2"WEDGE ANCHOR@24" EMBED 51/2" 6. FIELD EDIHG SHALL NOT BE PERFORMED UNLESS SPECIFlCALLY SHOl\tl AS SUCH IN THESE DRAl\1NG5, OR ON APPROVED SUBMITTAL.s. 7. STEEL ENCASED IN CONCRETE SHALL NOT BE PAINTED, AND SHALL, AT TIME OF CONCRETE PLACEMENT, BE CLEAN AND FlREE OF DELETERIOUS SUBSTANCES.,. IL...,:; "' $.!,, " :::> )( ID / " "'!! / c.!: "' C! " " E ii "' c a "' " "' c,. ".., "' "'... e "' $ ;,: " I.. " b e " IL > 'C o.! / ::J ID :::>.:J REV DATE PANEL NO. 4 PANEL NO. 3 PANEL NO. 2 PANEL NO. 1 FB 112 )[ WELDTOL6x4 AT BOTTOM OF SL.OPE TO HOLD PANELS-2 L.OC TRASH RACK PLAN SCALE: 3/8" 1'-" N... >C \D...J N... >C \D NOTES: 1. ALL BAR, PLATES & ANGLES TO BE A36 STEEL. 2. HOT-DIP GALVANIZE PANELS AND ANGLES AFTER Fl\SRICATION DESCRIPTION...I N......I i "' N CLIENT EL EL CITY OF MANITOU SPRINGS DISCLAIMER EL AMEC FOSTER WHEELER PRODUCED THE INFORMATION PRESENTED ON THIS DRAWING THROUGH THE USE OF TECHNICAL INrDRMATION AND PRACTICAL EXPERIENCE SPECIFIC TO ITS EFFORTS. RECEIVING THIS DRAWING DOES NOT GUARANTEE ANY RIGHTS TO SUCH TECHNICAL INFORMATION AND PRACTICAL EXPERIENCE. ANY ALTERATION OR ADAPTATION OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT USER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER. EL EL TRASH RACK ISOMETRIC PROVIDED BY amec foster wheeler EL ISSUED FOR PANEL NO. 2 6% DESIGN DAN BY DSM BY CHK BY APR BY MGC F'RW EJL F'RW TTTLE EL PROJECT PANEL NO. 1 EL SUBMIT SHOP DRAV!lNGs, FOR APPROVAL, PRIOR TO FABRICATION IF FABRICATION, MEASUREMENT OR INSTALLATICJ'l ERRORS NECESSITATE FIELD MODIFICATION OF STRUCTURAL STEEL THE ENGINEER SHALL BE CONSULTIED PRIOR TO THE MODIFICATION, AND HIS/HER INSTRUCTICJ'lS SHALL BE FW.OWED. THIS SHALL BE PERFORMED AT NO AllDITICJ'lAL COST TO THE O\\NER. EAmllflls. 1. WEDGE ANCHORS SHALL BE HILTI Kl\1K BOl.T TZ OR APPROVED EQUAL MATERIALS SHALL BE GALVANIZED STEEL, UNLESS OTHERV!lSE NOTIED. DEPTH OF H<l.E SHALL BE 12 TIMES THE ANCHOR DIAMETER (EMBEDWENT SHALL BE 11 TIMES THE ANCHOR DIAMETER). 2. POST-INSTALLED ANCHORS SHALL HOT BE USED IN O\IERHEAD APPLICATIONS, NOR IN ANY APPLICATION \\HERE RESISTANCE TO GRA\llTY LOAIJS IS PRIMARILY IN TENSION ON THE ANCHOR. IN THESE APPUCATICJ'lS, CAST-IN EMBEDWEHTS OR ANCHORS, OR THROUGH-BOLTING SHALL BE USED. 3. POST-INSTALLED ANCHORS GREATER THAN 3/B" DIAMETER ARE SUBJECT TO SPECIAL INSPECTICJ'l. DRIWHG FOR SUCH ANCHORS SHALL BE PERPENDICULAR TO THE CONGRm OR MASONRY SURFACE, 'MTHIN ±5'. 4. THE FOLLOV!lNG TYPES OF ANCHORS ARE NOT ACCEPTABLE IN ANY APPUCATICJ'l UNLESS SPECIFICALLY SHO\\lll ON THESE DRA'MNGS: POWDER-ACTUATIED FASTENERS. TOGGLE BOLT5, PLASTIC OR LEAD EllPAHSIOH SHIELDS, "TEK" SCREWS AND SIWILAR ANCHORS, POL YESTIER RESIN (CAPSULE) ANCHORS. 5. BOLTS FOR STRUCTURAL STEEL SHALL BE A325 N. 6. WASHERS, TYPE A SHALL BE PRO\llDED AT ALL O\IERSIZED ANO SLOTTED HOLES. TESTING ANO INSPECTION 1. SPECIAL INSPECTION AHO TESTING SHALL BE PERFORMED BY THE ENGINEER. THE CONTRACTOR SHALL PRO\llDE 24 HOURS' PRIOR NOTICE ANO SAFE ACCESS FOR THESE INSPECTIONS ANO SHALL ENSURE THAT WORK IS READY FOR INSPECTION AS SCHEDULED. 2. PERIODIC (HOLD-POINl) INSPECTION IS REQUIRED FOR THE FOLLl\1NG WORK: A) WELDING FOR ALL FILLET WELDS 5/16" AND SMALLER AND PARTIAL-PEHETRATICJ'l GROO\IE WELDS, PERFORMED AT COMPLETION OF ALL EDIHG, AFTER WELDS ARE SLAGGED, AND BEFORE PAINTING OR CO\IERING WORK. B) ANY MDGE ANCHORS EXCEEDING 3/B" IN DIAMETER, PERFmMED AFTER ALL SUCH ANCHORS FOR A Gl\IEN STRUCTURE ARE INSTALLED ANO BEFORE NUTS ARE IN PLACE. 3. CONTINUOUS SPECIAL INSPECTION IS REQUIRED DURING ALL ASPECTS OF THE FOLl..O'MNG WORK: A) DURING V!IllllNG FOR ALL FlLLET EDS LARGER THAN 5/16" AND FOR ALL GROO\IE V!IllllNG. B) AT FIRST-USE OF WEDGE ANCHORS ANO ALL INSTALLATICJ'lS OF EPOXY ANCHORS AND EPOXY DDl'IEl..S. 4. WELDS NEED NOT HA\IE SPECIAL INSPECTICJ'l VlliEN THE WELDING IS DONE IN AN APPRO\IED FABRICATOR'S SHOP. HOWEVER, THE APPROVED FABRICATOR MUST SUBMIT A CERTIFICATIE OF COWPLIAHCE IH ACCORDANCE VllTH IBC SECTICJ'l HO FABRICATION WORK SHALL lle PERFORMED OFF OF THE PROJECT SITE. EXCEPT IN AN APPROVED FABRICATOR'S SHOP. ISSUED DATE WIWAMS CANYON PHASE Ill 4/21/217 PROJECT No BOX CULVERT TRASH RACK PLAN AND PROFILE DRAWING No. REV 51

120 :: 1/2"X6" f BAR I - ;. [ '"" '"" f f ::... lo ;. = ' of "" 5'-41' I_ FLAT BAR 1/2 'x8' (TYPI /; I,_ [ 1.. "' ;::; "' "" : 5'-41" ii:" lo :. :.. " '... "' m..... '... m ;:: t :.. :: ' m... 5'.ff'.. ;! l' N f 1 "' _,... "' 'io ;., 8'-",. IL...,:; "' $.!,, " :::> ( Fa1/;i - PLAN PANEL 1 SCALE: 3111"=1'-" t=i ]... 1'-11" ELEVATION NO. 1 I F&,,,2ii: PLAN PANEL2 SCALE: 318"=1'--" ELEVATION NO. 5 PLAN PANEL 3 SCALE: 3111"=1'-" ELEVATION NO. 9 PLAN PANEL4 SCALE: 318"=1'-" AU. BARS TO BE VERTICAL AS INSTAllED PLAN PANEL5 SCALE: 318"=1'-",... ELEVATION NO. 17 f )( ID / " "'!! / c.!: "' C! " " E ii "' c a "' " "' c,. ".., "' "'... e "' $ ;,: " I.. " b e " IL > 'C o.! / ::J ID :::>.:J REV DATE t::?qi' [ ELEVATION NO. 2 [Zttiici: ELEVATION NO. 3 DESCRIPTION CLIENT ELEVATION NO. 6 ELEVATION NO. 7 ELEVATION NO. 8 CITY OF MANITOU SPRINGS DISCLAIMER AMEC FOSTER WHEELER PRODUCED THE INFORMATION PRESENTED ON THIS DRAWING THROUG H THE US E or TECHNICAL INrDRMATION AND PRACTICAL EXPERIENCE SPECIFIC TO ITS EFFORTS. RECEIVING THIS DRAWING DOES NOT GUARANTEE ANY RIGHTS TO SUCH TECHNICAL IN FORMATION AND PRACTICAL EXPERIENCE. ANY ALTERATION OR ADAPTATION OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT USER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER. PROVIDED BY amec foster wheeler ELEVATION NO. 1 ELEVATION NO. 11 ISSUED FOR 6% DESIGN DAN BY DSM BY CHK BY APR BY MGC F'RM EJL F'RM TTTLE PROJECT.. ELEVATION N ISSUED DATE WIWAMS CANYON PHASE Ill 4/21/217 PROJECT No, BOX CULVERT INLET TRASH RACK DETAILS DRAWING No. REV S2

121 6.' GATE WIDTH N... N I "O LU ID / " "'!! / c.!: N C! " " E ii "' c a "' " "' c ".., ID "'... e "' $ ;,: " I.. " b e " REV DATE DESCRIPTION IL > "<: o.! / ::J "' :::>.:.J.: f. 6' PEDESTRIAN GATE PLAN SCALE: 1-1' 6.' GATE WIDTH GAlE ELEVATION ON PLANS t 4 DRAIN (CENTER BETWEEN WALLS) 6' PEDESTRIAN GATE SECTION SCALE: 1-1' CLIENT CITY OF MANITOU SPRINGS DISCLAIMER 1.' TOPPING SLAB ' ANCHOR SLAB AMEC FOSTER WHEELER PRODUCED THE INFORMATION PRESENTED ON THIS DRAWING THROUGH THE USE OF TECHNICAL INrDRMATION AND PRACTICAL EXPERIENCE SPECIFIC TO ITS EFFORTS. RECEIVING THIS DRAWING DOES NOT GUARANTEE ANY RIGHTS TO SUCH TECHNICAL INFORMATION AND PRACTICAL EXPERIENCE. ANY ALTERATION OR ADAPTATION OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT USER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER. FINISH GRADE PROVIDED BY amec foster wheeler ISSUED FOR 6% DESIGN DAN BY DSM BY CHK BY APR BY MGC Fl!M EJL Fl!M TITLE i tine U PROJECT OVERALL DIMENSION OF INSTALLATION BRACKET J.67' t +" DRAIN (CENTER IN PAD) r FINISH GRADE 'f--l...l...<'-l..l.-" 6' PEDESTRIAN GATE SECTION SCALE: 1" - 1' 1.' TOPPING SLAB 1.' ANCHOR SLAB WIWAMS CANYON PHASE Ill 6 1 x 2' PEDESTRIAN GATE ISSUED DATE 4/21/217 PROJECT No DRAWING No. REV S3

122 6.' GATE WIDTH... "' I., "' c.., )( ID / " "'!! c / c.!: "' C! " " E ii "' c a "' " "' c ".., ID "'... e "' $ ;,: " I.. " b e " REV DATE DESCRIPTION IL > "<: c o.! / ::J "' :::>.:.J. -.: f. 6' PEDESTRIAN GATE PLAN SCALE: ' GATE WIDlH GAlE ELEVATION ON PLANS t 4 DRAIN (CENTER BETWEEN WALLS) 6' PEDESTRIAN GATE SECTION SCALE: 1" - 1' CLIENT CITY OF MANITOU SPRINGS DISCLAIMER 1.' TOPPING SLAB ' ANCHOR SLAB AMEC FOSTER WHEELER PRODUCED THE INFORMATION PRESENTED ON THIS DRAWING THROUG H THE USE OF TECHNICAL INrDRMATION AND PRACTICAL EXPERIENCE SPECIFIC TO ITS EFFORTS. RECEIVING THIS DRAWING DOES NOT GUARANTEE ANY RIGHTS TO SUCH TECHNICAL IN FORMATION AND PRACTICAL EXPERIENCE. ANY ALTERATION OR ADAPTATION OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT USER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER. FINISH GRADE PROVIDED BY amec foster wheeler ISSUED FOR 6% DESIGN DAN BY DSM BY CHK BY APR BY MGC Fl!M EJL Fl!M TITLE > TIN UI < PROJECT OVERALL DllAENSION OF INSTALLATION BRACKET 4.67' t 4" DRAIN (CENTER IN PAD) 6' PEDESTRIAN GATE SECTION SCALE: 1-1' r FINISH GRADE f-l.l...<c..l..l.-" 1.' TOPPING SLAB 1.' ANCHOR SLAB WIWAMS CANYON PHASE Ill 6' X 3' PEDESTRIAN GATE ISSUED DATE 4/21/217 PROJECT No DRAWING No. REV S4

123 ,. < $ I "' 3' "' <;"!... -;::- ;;- "' " "'!! / c.!: "' C! " " E ii "' c a "' " "' c,. ".., "' "'... e "' $ ;,: " I.. " ' b e " REV DATE DESCRIPTION IL > 'C o.! / ::J "' :::>.:J 12' VEHICLE GATE PLAN SCALE: 1-1' GATE ELEVATION ON PLANS --r 1.' 1.' TOPPING ANCHOR SLAB '---- l Cf. +' DRAIN (CENTER BETWEEN WALLS) 12' VEHICLE GATE SECTION SCALE: 1" - 1' CLIENT CITY OF MANITOU SPRINGS DISCLAIMER AMEC FOSTER WHEELER PROOUCEO THE INFORMATION PRESENTED ON THIS DRAWING THROUG H THE USE OF TECHNICAL INrDRMATION AND PRACTICAL EXPERIENCE SPECIFIC TO ITS EFFORTS. RECEIVING THIS DRAWING DOES NOT GUARANTEE ANY RIGHTS TO SUCH TECHNICAL IN FORMATION AND PRACTICAL EXPERIENC E. ANY ALTERATION OR ADAPTATION OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT USER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER. PROVIDED BY amec foster wheeler FINISH GRACE ISSUED FOR 6% DESIGN DAN BY DSM BY CHK BY APR BY MGC FIRM EJL FIRM TTTLE PROJECT > IN:E UI:., < O\IERALL DIMENSION OF INSTAU..AllON BRACKET 4.41' It, +" DRAIN (CENTER IN PAD) 12' VEHICLE GATE SECTION SCALE: 1" - 1' r-' 1.' TOPPING SLAB 1.' ANCHOR SLAB WIWAMS CANYON PHASE Ill 12' X 2.58' VEHICLE GATE ISSUED DATE 4/21/217 PROJECT No DRAWING No. REV S5

124 L :i: "' 'N... $ I "' lj "'!., )( ;;- "' " "'!! / c.!: "' C! " " E ii "' c a "' " "' c "., "' "'... e "' $ ;,: " I.. " ' b e " REV DATE DESCRIPTION IL > 'C o.! / ::J "' :::>.:J 12' VEHICLE GATE PLAN SCALE: 1-1' GATE ELEVATION ON PLANS ---r 1.' 1.' TOPPING ANCHOR SLAB '---- l ct. +' DRAIN (CENTER BETWEEN WALLS) 12' VEHICLE GATE SECTION SCALE: 1" - 1' FINISH GRADE CLIENT PROVIDED BY ISSUED FOR INE UI-, < OVERALL DIMENSION OF INSTALLATION BRACKET ' FINISH GRADE rr-r-r-r-r-r ,...i..,,..,,;9f-,""--'-':...:..._---l :...-.: r PROJECT ct. 4" DRAIN (CENTER IN PAD) 12' VEHICLE GATE SECTION SCALE: 1" - 1' CITY OF MANITOU SPRINGS 6% DESIGN WIWAMS CANYON PHASE Ill DISCLAIMER AMEC FOSTER WHEELER PRODUCED THE INFORMATION PRESENTED ON THIS DRAWING THROUGH THE USE OF TECHNICAL INrDRMATION AND PRACTICAL EXPERIENCE SPECIFIC TO ITS EFFORTS. RECEIVING THIS DRAWING DOES NOT GUARANTEE ANY RIGHTS TO SUCH TECHNICAL INFORMATION AND PRACTICAL EXPERIENCE. ANY ALTERATION OR ADAPTATION OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT USER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER. amec foster wheeler DAN BY DSM BY CHK BY APR BY MGC FlRW EJL FIRM TITLE 12' X 3' VEHICLE GATE 1.' TOPPING SLAB 1.' ANCHOR SLAB ISSUED DATE 4/21/217 PROJECT No DRAWING No. REV S6

125 ' GATE WIDTH < r-11. /'...,. < "' <;"!... -;::- $ I "' 3' /"' ""'!! / c.!: "' C! " " E ii "' c a "' " "' c,. ".., "' "'... e "' $ ;,: " I.. " b e " IL > 'C o.! / ::J "' :::>.:J REV DATE DESCRIPTION 2' VEHICLE GATE PLAN SCALE: 1-1' Cf. +' DRAIN (CENTER BETWEEN WALLS) 2' VEHICLE GATE SECTION SCALE: 1" - 1' CLIENT CITY OF MANITOU SPRINGS DISCLAIMER AMEC FOSTER WHEELER PRODUCED THE INFORMATION PRESENTED ON THIS DRAWING THROUG H THE USE OF TECHNICAL INrDRMATION AND PRACTICAL EXPERIENCE SPECIFIC TO ITS EFFORTS. RECEIVING THIS DRAWING DOES NOT GUARANTEE ANY RIGHTS TO SUCH TECHNICAL IN FORMATION AND PRACTICAL EXPERIENCE. ANY ALTERATION OR ADAPTATION OF THE DATA OR CONTENTS OF THIS DRAWING SHALL BE AT USER'S SOLE RISK AND WITHOUT ANY LIABILITY OR LEGAL RESPONSIBILITY TO AMEC FOSTER WHEELER. ---r 1.' 1.' TOPPING ANCHOR SLAB,._. l PROVIDED BY amec foster wheeler FINISH GRADE ISSUED FOR 6% DESIGN DAN BY DSM BY CHK BY APR BY MGC FIRM EJL FIRM TTTLE PROJECT, IN:E UI:., < O\IERALL DIMENSION OF INSTAU..AllON BRACKET 4.41' It, +" DRAIN (CENlER IN PAD) 2' VEHICLE GATE SECTION SCALE: 1" - 1' r-' 1.' TOPPING SLAB 1.' ANCHOR SLAB WIWAMS CANYON PHASE Ill 2' X 2.58' VEHICLE GATE ISSUED DATE 4/21/217 PROJECT No DRAWING No. REV S7

126 COUNCIL BILL NO. 317 ORDINANCE NO ORDINANCE AN ORDINANCE OF THE CITY OF MANITOU SPRINGS, COLORADO, AMENDING SECTION (1) OF THE MANITOU SPRINGS MUNICIPAL CODE CONCERNING PERCENTAGE OF ROOMS THAT MAY BE USED FOR LONG-TERM OCCUPANCY LODGING, AMENDING SECTION (5)(a) CONCERNING ROOM LIMITATIONS AND UNIT STANDARDS FOR LONG-TERM OCCUPANCY LODGING, AND ADDING A NEW SECTION CONCERNING THE REQUIREMENT FOR A LICENSE WHEREAS, Section (1) currently provides that no more than twenty percent of actual room rental days in an establishment may be used for long-term occupancy lodging during a year; WHEREAS, it is very difficult for operators of establishments offering long-term occupancy lodging to determine how many room rental days they may provide for long-term lodging, because it will vary depending upon how many room rental days occur for short-term lodging during the year; WHEREAS, the City Council desires to modify this limitation to provide that no more than twenty percent of room rental days available at an establishment offering long-term occupancy lodging may used for long-term occupancy lodging; WHEREAS, Section (5) establishes the minimum standards for individual units, including occupancy limitations, minimum living room square footage and natural light requirements; WHEREAS, Section clarifies that a license must be obtained prior to operating a long-term occupancy establishment; and WHEREAS, the City Council desires to mofiy these standards to better protect the the health, safety and welfare of individuals seeking to live in long-term occupancy lodging and to maintain the character of the City s neighborhoods and commercial and downtown areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MANITOU SPRINGS, COLORADO, THAT: Section 1: Section (1) of the Manitou Springs Municipal Code is hereby amended to read as follows: No more than twenty percent of available room rental days in an establishment may be used for long-term occupancy lodging during a calendar year. The number of available room rental days shall be determined by multiplying the number of rooms available by the number of days such rooms are available for rent during a 5/12/17 P:\CLERKS DEPARTMENT\COUNCIL PACKETS-217\ PACKET\ITEM I.2 (ord 1617).doc

127 calendar year. For example, if an establishment has 1 rooms that are available for rent 365 days per year, the number of available room rental days shall be 3,65, which allows for 73 long-term occupancy room rental days. Section 2: Section (5)(a) of the Manitou Springs Municipal Code is hereby amended to read as follows: a. The Standards for an Efficiency Dwelling Unit, unless otherwise provided for in this Chapter. i. The cooking appliance required as a component of an efficiency dwelling unit shall mean a built-in cook-top or stove unit. Hot plates, griddles, microwaves or similar devices shall not be considered cooking appliances for the purpose of this chapter. ii. iii. Two sinks must be located within the unit. One for use in conjunction with cooking and one for use in conjunction with the lavatory. Occupancy of a unit shall be no more than two occupants per bedroom. iv. The unit shall have a living room of not less than 11 square feet (2.4 m2) of floor area per occupant. v. Natural light. The minimum net glazed area shall not be less than 4 percent of the floor area of the room served. Section 3: Chapter of the Manitou Springs Municipal Code shall be amended by the addition of the following new subsection: License required. It is unlawful for any person, either directly or indirectly, to conduct or provide any long-term occupancy lodging without first obtaining a license as required under this Chapter. Said license must be kept current at all times during which long-term occupancy lodging is provided or available. Section 4: Section 5: If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. The repeal or modification of any provision of Manitou Springs Municipal Code by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, 5/12/17 P:\CLERKS DEPARTMENT\COUNCIL PACKETS-217\ PACKET\ITEM I.2 (ord 1617).doc

128 suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 6: Section 7: This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. This Ordinance shall not apply to existing holders of a long-term occupancy lodging license, or any renewals thereof, if its application would reduce the rooms available for long-term occupancy lodging under its existing license. Passed on first reading and ordered published this 2 nd day of May, 217. City Clerk, Donna J. Kast A Public Hearing on this ordinance will be held at the May 16, 217, City Council meeting. The Council Meeting will be held at 6: P.M. at City Hall, 66 Manitou Avenue, Manitou Springs, Colorado. Ordinance Published: May 4, 217 (in full) City's Official Website and City Hall Passed on second reading and adopted by City Council this 16 th day of May, 217. Mayor, Nicole Nicoletta Attest: City Clerk, Donna Kast Ordinance Published: May 18, 217 (in full) City's Official Website and City Hall 5/12/17 P:\CLERKS DEPARTMENT\COUNCIL PACKETS-217\ PACKET\ITEM I.2 (ord 1617).doc

129 Rebecca Davis, Finance Director 66 Manitou Avenue Manitou Springs, Colorado 8829 From the desk of: Direct: Fax: To: City Council From: Rebecca Davis, Finance Director Date: 5/1/17 Re: Memorandum Ordinance Repealing and Reenacting Title 5 of the Manitou Springs Municipal Code concerning Business Licenses 2 nd reading For the second reading of this Ordinance, a recap of the reasons for the rewrite of the Business Licenses code is reflected below: The current code is not clear on whether non-profits are exempt from the requirement to obtain a business license, this new code explicitly states this exemption. When rental licensing was removed from Title 5 Business Licenses and Regulations, and moved to Title 18 Zoning, Section Long-Term Occupancy Lodging, this also deleted an exception for the requirement of business licenses for the rental of dwellings containing less than five units. This would include a home owner renting out their home on a long term basis, duplexes, triplexes and quadplexes. This new code adds this exemption back. Finally, the third reason for the rewrite is when the City attorney looked at Title 5, to make the above changes, it was determined that much of it was outdated and the entire section needed to be rewritten. The first two reasons for the rewrite of the code are captured in Section Definitions : Business includes vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with the devices, machines, vehicles and appurtenances used thein, any of which activities are conducted for the purpose of producing gain or income, either directly or indirectly, on any premises in this City or anywhere else within its jurisdictions. This definition shall not include long-term rental of dwellings containing less than five units. Nor shall it include activities of non-profit state corporations, and of federal, state or municipal corporations. The new chapter is more streamlined, direct and brings the code provisions into compliance with current city practices.

130 COUNCIL BILL NO ORDINANCE NO ORDINANCE AN ORDINANCE REPEALING AND REENACTING TITLE 5 OF THE MANITOU SPRINGS MUNICIPAL CODE CONCERNING BUSINESS LICENSING WHEREAS, the City Council finds and determines that the City s business licensing provisions contain numerous outdated provisions and is in need of revision to clarify the City s requirements for the licensing of businesses within the City; and WHEREAS, the City Council finds and determines that the revisions set forth herein are in the best interests of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MANITOU SPRINGS, COLORADO, THAT: Section 1: Title 5 of the Manitou Springs Municipal Code is hereby repealed and reenacted as follows: Title 5 - BUSINESS LICENSES AND REGULATIONS CHAPTER 5.4 BUSINESS LICENSES Purpose and Applicability. The purpose of this Chapter is to provide a uniform procedure for the issuance, suspension and revocation of business licenses issued by the City. The provisions of this Chapter shall apply to all licenses issued pursuant to this Title, except for those businesses which are subject to specific licensing procedures in this Title Definitions. The terms as used in this Chapter shall have the following meanings, unless the context specifically indicates otherwise or unless such meaning is expressly excluded. "Business" includes vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with the devices, machines, vehicles and appurtenances used therein, any of which activities are conducted for the purpose of producing gain or income, either directly or indirectly, on any premises in this City or anywhere else within its jurisdiction. This definition shall not include long-term rental of dwellings containing less than five units. Nor shall it include activities of nonprofit state corporations, and of federal, state or municipal corporations. 1

131 Dwelling means an attached or detached building designated or used exclusively as a residence or sleeping place, but does not include boarding or lodging houses, motels, hotels, or tents. "Employee" includes all persons working for pay under the control and direction of an employer. "License" means a document issued by the City officially authorizing an applicant to operate a business pursuant to this Chapter. "Licensee" means the person to whom a business license has been issued pursuant to this Chapter. "Person" includes any individual, firm, partnership, joint venture, corporation, society, club, association, joint stock company, estate or trust, receiver, trustee, assignee, lessee, or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combination acting as a unit. "Premises" includes all lands, structures, buildings, places, equipment and appurtenances connected or used therewith in any business. Public property means any property owned or controlled by the City and open to the public or available for public use, including but not limited to public streets, rights of way, sidewalks, parks, and public buildings Business license required. A. It is unlawful for any person, either directly or indirectly, to conduct any business, for seven days or more within one calendar year, without first obtaining a business license. Said license must be kept current at all times during which the business is operated. B. No business license should be issued for the sale or offering for sale of goods or services from public property, except when such activity is permitted pursuant to a valid City-issued special event permit Qualifications of applicants. Applicants for a business license shall meet all of the following qualifications: A. Not have had a City business license revoked or suspended within the last twelve (12) months. B. Not be in default, indebted or obligated in any manner to the City. 2

132 C. The business is operated inoperated in compliance with the applicable City regulations including, but not limited to, specific licensing requirements in this Chapter, zoning, building and fire codes, and any other applicable regulations. D. All fees have been paid Applications for license. A. Any person required to obtain a license shall first apply in writing on forms prepared by the City for that purpose. The application shall give the name and location of the business, to the description of the nature of the business, names and addresses of the owners and/or operators, duration of the business, who to contact in emergencies after hours, and other information as may be deemed necessary by the City. B. All applications for a new license shall be submitted to the City's Finance Director for approval with the applicable license fee.. The City shall approve, approve with conditions, or deny the application within thirty (3) days. Upon compliance with all requirements and payment of the fees as required, the finance director shall issue the license on a prescribed form. C. At any time within thirty (3) days prior to the expiration of a current license, a licensee may file an application for a license renewal for the succeeding year and pay the required fees. All renewal applications shall be submitted to the Finance Director. Unless otherwise provided by this Chapter, the Finance Director shall approve a renewal application unless if there is a pending action or proceeding is against the licensee for suspension or revocation of his or her current license or licenses. The Finance Director shall approve, approve with conditions, or deny a renewal application within thirty (3) days. D. Any person operating, conducting or carrying on any business within the City must obtain a separate license for each location of such business and a separate license for each business operated at the same location under a separate federal employer ID or Social Security number. E. Applications for transfers of licensed premises during the license period shall be made in the same manner as application for a new license. F. All licenses shall expire twelve (12) months from the date of issuance unless otherwise provided License fees. A. License Fees. The license fee for every license issued under the authority of the City shall be payable at the time of application. The Finance Director shall not accept an application for a license or renewal of a license unless accompanied by the required license fee. In the event that the City disapproves the application 3

133 for a new license or renewal, one-half of the license fee tendered hereunder shall be refunded. B. Lost Licenses. Whenever a license is lost, the Finance Director is authorized to replace the license upon payment of a fee to defray the costs of replacement. C. Rebate. In the event that the licensed premises is taken for public use or the improvements thereon destroyed by fire or other catastrophe, to such an extent that the continuation in business is impractical, the licensee may terminate the licensee and the license fee may be rebated in proportionate part to such fee as the number of months remaining in the license period, beginning with the first day of the month next following such termination. D. If a licensee continues to engage in business past said renewal date, a penalty of fifty percent (5%) of the renewal fee shall be imposed and collected for renewal of the license, if applied for, and an additional five percent (5%) of the renewal fee shall be added on the first of each month thereafter; provided, however, that the total cumulative penalty shall not exceed one hundred percent (1%) of the renewal fee Issuance and conditions of licenses. A. Issuance or Denial. The Finance Director shall issue a license to an applicant if he or she finds after investigation: 1. The required license fee have been paid; 2. When required, proof that a sales tax license has been obtained, or that application for such has been made; 3. The proposed licensed premises do, or will conform to the requirements of applicable building, fire, safety and zoning regulations; and 4. All other specific requirements of the terms and provisions relating to the application for the particular license requested for use at the premises specified in the application have been, or will be, met. B. The Finance Director may impose such restrictions and reasonable rules and regulations as he or she deems necessary to safeguard the public peace, health or welfare. The Finance Director shall receive the reviewing departments' written instructions regarding such conditions placed upon specific types of businesses, beyond the requirements of this Chapter, and shall impose such conditions on the license when issued. C. If the Finance Director finds that the applicant does meet the qualifications set forth in this Chapter, he or she shall deny the application. The Finance Director shall notify the applicant of the denial by mailing the same to the applicant by 4

134 registered or certified mail at the business address shown on the application. Such denial shall be final immediately upon the date of mailing. The applicant may appeal denial of the license to the City Council within twenty (2) days of date of mailing. D. Posting Display of License. 1. Every license issued by the City under this Chapter shall be posted in a conspicuous place and shall be visible from the principal entrance of the business. When such license expires, it shall be removed; no license not in full force and effect shall remain posted. 2. It shall be the duty of each and every person to whom a license has been issued to exhibit the same upon the request of any peace officer, the finance director, or other official of the City Inspections. Upon the application for a license or renewal of a license, the City may conduct an inspection of the premises prior to the Finance Director s decision on the application. All persons authorized to inspect licensed premises and businesses shall have the authority to enter, with or without search warrant, at all reasonable times, and in a reasonable manner Suspension and revocation procedures. A. Grounds for Suspension or Revocation. The Finance Director may suspend or revoke any license issued by the City upon finding that: 1. The licensee has failed to pay the license fee; 2. The licensee has failed to file required reports or to furnish such other information as may be reasonably required by the Finance Director or other City official; 3. Licensee or any agent or employee of such licensee has violated any provisions of this Chapter applicable to the issued license or any condition imposed on the license; 4. The licensee or any agent or employee of such licensee has violated any law of the United States, of the state or the City when such violation occurred on the licensed premises, or relates to conduct or activity of any business required to be licensed by this Chapter; 5. The licensee makes misrepresentation to the public; 5

135 6. The actual operation of the licensed business is prejudicial to the public peace, health, morals, safety or welfare of the inhabitants or of visitors to the City; 7. The licensee is not conducting the business according to the detailed plan filed with the license application; or 8. The licensee intentionally, recklessly or through gross negligence made or makes misrepresentations on the license application or to City agents or officials, acting within the scope of their duties, at any time. B. Revocation and Suspension Procedures. 1. Upon a determination to revoke or suspend a license, the Finance Director shall notify the licensee in writing of the decision to revoke or suspend the license and the licensee's right to have a hearing before the City Council. 2. The licensee must request in writing a hearing before City Council within ten (1) days of the written notification of revocation or suspension. a. If such a request is received, the City shall schedule a hearing. A licensee may continue to operate its business prior to the hearing. b. If the licensee does not request a hearing before City Council, it must cease business operations within ten (1) days of the date of notification from the Finance Director. 3. The City Clerk shall give the licensee notice of the time and place of the hearing. Such notice shall be served personally or by mailing by first class mail to the last address furnished to the Finance Director by the licensee, at least five (5) days, including Saturdays, Sundays, and legal holidays prior to the hearing. In lieu of such service, or in addition thereto, a copy of such notice may be affixed to the principal entrance of the licensed premises which shall be deemed to be the principal place of business or main office, or may be affixed to some prominent structure on such premises. 4. All evidence shall be recorded stenographically or by electronic recording device. 5. In all such proceedings, the City Attorney shall act on behalf of the City during the hearing. 6. The City Council shall conduct hearings for suspension or revocation of licenses granted pursuant to this section. The City Council shall make findings of fact and conclusions concerning the revocation or suspension of a license within fifteen (15) days after the close of the hearing. The City Clerk shall 6

136 transmit a copy of the final findings of fact and conclusion to the licensee as provided hereafter. 7. Upon suspension or revocation of any license required by this Chapter, notice of such suspension or revocation shall be given by personally serving the licensee with the order of suspension or revocation or by mailing such order to such person by certified or registered mail at the business address of the licensee as shown on the license or at the address of the designated agent. In lieu of such service, or in addition thereto, a copy of such order may be affixed to the principal entrance of the licensed premises which shall be deemed to be the principal place of business or main office, or may be affixed to some prominent structure on such premises. 8. The order shall be effective immediately upon service of notice thereof, unless the order provides otherwise. Service of such order shall be complete upon mailing or posting. 9. Upon the effective date of suspension or revocation of any license required for a business or activity, the licensee of such licensed business or activity shall cease and desist from further operation or activity Appeals. A. Cost of Transcript. Any aggrieved or affected person seeking review of a decision by the City Council shall pay to the City the estimated cost of preparing the transcript of the proceedings of testimony before said City Council. The cost of preparing the transcript of testimony before City Council shall be charged at rates ordinarily charged by certified shorthand reporters. The cost of preparing the transcript, as estimated by the City Clerk, shall be paid by the aggrieved or affected person at the time of filing the appeal. In the event the cost of the transcript is greater than the cost estimated by the City Clerk, the person filing the appeal shall pay this additional cost within ten (1) days after billing by the City Clerk. In the event that the cost of the transcript is less than the estimated sum paid by the person filing the appeal, the City Clerk shall refund the excess paid within ten (1) days after the actual cost of the transcript is determined. B. Any decision of the City Council under this Chapter shall be final subject to judicial review. 5.5 SUPPLEMENTAL BUSINESS REGULATIONS These regulations shall apply to the specific businesses described in this Chapter. Nothing in this Chapter shall be construed as to exempt these businesses from the license requirement under Chapter Entertainment and Amusement Businesses 7

137 A. Definition. The term entertainment and amusement business, as used in this Section, is defined to mean any business providing mechanical entertainment to its patrons and any game or contest for which a fee, admission or membership charge is either directly or indirectly made to those participating either as spectators or as entrants in such game or contest. This includes only those games or contests which are not gambling or lottery devices and shall not include golf, tennis or like established sport tournaments, and shall not include coin-operated pinball games and other similar devices which are regulated by other ordinances of the City. B. License Not to be granted within residential districts. No entertainment or amusement license shall be granted within any residential district of the City. C. Special provisions for amusements not contained herein. Nothing contained in this Section shall be construed to affect any special ordinance granting the license or fixing the license fee for a single amusement not defined in this Section, which ordinance is now in force or which hereafter shall be passed by the City council Restaurants All applications for a license or renewal shall be accompanied by a current inspection report from the El Paso County health department indicating approval or disapproval by the county health inspector Gas Station A. All applications for a license or renewal, which includes the operation of a food service establishment, shall be accompanied by a current inspection report from the El Paso County health department indicating approval or disapproval by the county health inspector. B. All applicants are required to comply with all fire, safety, zoning, building, and electrical regulations as adopted by the City and shall be inspected annually by the appropriate department or agency prior to issuance of any license or renewal Horse Drawn Vehicles and Pedicabs A. All applications for a license or renewal, which includes the operation of horse-drawn vehicles or pedicabs, shall provide a list of the carriage(s), pedicab(s) and/or equipment to be used in the business and the planned route(s) to be used. B. The applicant shall further file with the Finance Director proof of satisfactory insurance coverage as follows: public liability and property damage in 8

138 the amount of one hundred thousand dollars on any injury to one person, five hundred thousand dollars on any one accident involving more than one person and fifty thousand dollars coverage on property damage. C. It is unlawful to operate with or without passengers prior to dawn or after dusk on any street in the City, unless the carriage or pedicab is provided with adequate lighting to conform with the requirements of the Model Traffic Code. D. It is unlawful for the driver of any horse-drawn carriage or pedicab to impede traffic in such a manner as to cause a dangerous condition for pedestrian or vehicular traffic. E. The driver of any horse-drawn carriage or pedicab shall maintain control over such carriage, pedicab and any animals used and shall not leave such animals, carriage or pedicab unattended at any time. F. It is unlawful for any person to operate a horse-drawn carriage or pedicab in a careless and imprudent manner without due regard for the width, grade, curves, corners, traffic and use of the streets and highways and all other attendant circumstances. G. It shall be the duty of the driver of any horse-drawn carriage to provide an adequate protective device for any horse to prevent manure from being deposited upon any street, or otherwise provide a system to clean-up manure on a timely basis. CHAPTER 5.6 LIQUOR LICENSES Definitions. The following terms as used in this Chapter shall have the meanings hereinafter designated, unless the context specifically indicates otherwise or unless such meaning is excluded by express provision: A. "Alcoholic beverages or alcoholic liquors" means malt, vinous, or spirituous liquors. B. "Delivery" means the delivery of an alcoholic liquor or three and two-tenths percent (3.2%) beer off the premises of the person(s) selling the same; provided, however, this term shall not include wholesale deliveries or deliveries made to persons holding a license for the sale, service or distribution of alcoholic liquors or three and two-tenths percent (3.2%) beer under the same terms of this Chapter. C. "Licensed premises" means the premises specified in an application for a license under this Chapter, which are owned or in possession of the licensee and within which such licensee is authorized to sell, dispense, or serve fermented malt beverages or alcoholic beverages in accordance with the provisions of this Chapter. 9

139 D. "Malt liquors" includes beers and means any beverages obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar product or any combination thereof, in water containing more than three and two-tenths percent (3.2%) of alcohol by weight. E. "Manager" means a person not licensed pursuant to this Chapter whose responsibilities may include the daily operation and control of any liquor establishment, purchasing, check disbursements or supervision of employees. F. "Operator" means a person licensed by law to sell malt, vinous and spirituous liquors, or three and two-tenths percent (3.2%) beer, for beverage purposes at retail and who is engaged at any time during the calendar year in such operation within the City. G. "Person" means a natural person, partnership, association, company, corporation, or organization or a manager, agent, servant, officer, or employee of any of them. H. "Retail sale" means selling of malt, vinous and spirituous liquors or three and two-tenths percent (3.2%) beer for beverage purposes to the intended or potential consumer for consumption on or off the premises. I. "Spirituous liquors" means any alcoholic beverages obtained by distillation, mixed with water or other substances in solution and include among other things, brandy, rum, whiskey, gin and every liquid or solid, patented or not, containing alcohol and is fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquid except as above provided shall not be construed to be malt or vinous liquor, but shall be construed to be spirituous liquor. J. "Tastings" means the sampling of malt, vinous, or spirituous liquors that may occur on the premises of a retail liquor store licensee or liquor-licensed drugstore licensee by adult patrons of the licensee pursuant to the provisions of Section K. "Three and two-tenths percent beer" means a fermented alcoholic beverage containing not less than one-half of one percent (.5%) and not more than three and two-tenths percent (3.2%) alcohol by weight. L. "Vinous liquors" means and includes wines and fortified wines not exceeding twenty-one percent (21%) of alcohol by volume and shall be construed to mean alcoholic beverages obtained by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar. M. Those terms not herein defined shall have such definitions as indicated in C.R.S. 1973, Title 12, Articles 46, 47 and Local licensing authorities. 1

140 The City council shall be the local licensing authority of the City for the licensing of the sale of three and two-tenths percent (3.2%) beer and alcoholic and the rules and regulations of the State Licensing Authority. The City council shall possess all powers given to local licensing authorities by the provisions of the statute and rules and regulations. The City council shall also be the local liquor licensing authority for the purpose of granting and/or denying applications for special event permits, except as otherwise provided in this Chapter Licenses required. A. It is unlawful for any person, either directly or indirectly to engage in the business of selling or serving any alcoholic liquors or three and two-tenths percent (3.2%) beer within the City without having first procured a license therefor from the City, and kept in effect at all such times as required by this Chapter. B. It is unlawful for any person to operate a licensed premises under this Chapter without a business license pursuant to Chapter 5.4 of this Code License fees. All applications shall be accompanied by the payment of fees set forth in state statute and as set by resolution of the City council in the City's fee schedule Renewal applications. All applications for renewal must be submitted to the City Clerk not less than fortyfive (45) days prior to the date of expiration of the license. The City Council may, for good cause, waive the forty-five-day time requirement upon request of the applicant made in writing to the City Clerk. In order to be eligible for issuance of a renewal license, the holder of any license issued hereunder must first be current in all financial obligations owed to the City Delegation of authority to City clerk. The City Clerk is authorized to act as the Local Licensing Authority for the following Colorado Liquor Code and Colorado Beer Code licensing functions: A. Processing and issuance of special events permits pursuant to Article 48 of Title 12, C.R.S., provided that there are no parties filing a written objection to said permit; B. Annual Colorado Liquor Code and Colorado Beer Code license renewals, provided that the licensee has not violated any provisions of the Colorado Liquor or Beer Codes and associated regulations during the preceding year; C. Changes in shareholders, officers, directors or trade names of a licensee, provided that any investigation conducted by the City does not reveal information 11

141 that may reasonably form the basis of a determination that the applicant is not qualified to hold the respective license; D. Changes in registered manager of a licensee, provided that any investigation conducted by the City does not reveal information that may reasonably form the basis of a determination that the proposed manager is not qualified to hold the position; E. The issuance of temporary permits pursuant to and in compliance with the provisions of Section , C.R.S.; F. The approval of applications for the use of Memorial Hall for events, at which alcohol will be served; G. The issuance and renewal of tastings permits pursuant to Section The City Clerk may, nevertheless, refer any licensing decision authorized under this section to the Local Licensing Authority if, in the Clerk's discretion, the matter should be presented to the full Local Licensing Authority Public hearings. A. For public hearing purposes, the neighborhood shall mean all properties within one hundred (1) feet of the proposed licensed establishment's property boundaries. B. For public hearing purposes, the persons who may testify as parties in interest, in addition to the applicant, shall mean all adult residents of the City and all owners or managers of businesses in the City Changing, altering or modifying a licensed premises. A. Whenever a person holding a license issued under the Colorado Liquor or Beer Code applies for consent to change, alter or modify a licensed premises, the local licensing authority shall grant (with or without conditions) or deny such consent in writing. When an application is denied, the grounds for denial shall be stated in the written decision. B. When a licensee requests modifications that will not result in a change in the service capaccity of the licensed premises, consent to the request may be granted or denied without a public hearing; provided that the application for modification is processed, considered and determined in a manner consistent with the requirements and provisions of Regulation 47-32, Colorado Code of Regulations, 1 C.C.R Examples of modifications that may be covered by this paragraph B include: remodeling of a kitchen or fixtures within a kitchen; changing an internal doorway from one location to another; and moving an existing bar from one location to another. 12

142 C. Examples of proposals that may require a public hearing prior to the local licensing authority's decision include, but are not limited to, those which request: 1. any increase or decrease in the total size or capacity of the licensed premises; 2. the sealing off, creation of or relocation of a common entryway, doorway, passage or other such means of public ingress and/or egress, when such common entryway, doorway or passage alters or changes the sale or distribution of alcohol beverages within the licensed premises; 3. any substantial or material enlargement of a bar, or the addition of a separate bar, or the installation of a bar or bar area within a premises that has no bar or bar area; 4. the installation of a stage, bandstand or dance floor in a premises where there is no existing stage, bandstand or dance floor, or a material enlargement or reduction in size of an existing stage, bandstand or dance floor; 5. any other material change in the interior of the premises that would affect the basic character of the premises or the physical structure that existed in the plan on file with the latest prior application. D. Any required public hearing shall be preceded by public notice. A notice sign must be conspicuously posted at the physical location of the premises and must be in a place plainly visible to the public. The posted notice will provide details on the type of modification sought, the date, time and location of the hearing, and contact information where interested parties can acquire more information on the application. The same information must be published in the City's newspaper of record. E. In any public hearing conducted pursuant to this section, it shall be the burden of the licensee seeking consent to change, alter or modify a licensed premises to establish the "needs and desires" of the neighborhood. Although the law does not require that an applicant petition the neighborhood, it is the most common form of evidence presented. F. When a licensee requests consent to create or enlarge an outdoor service area in an application for modification of a premises and competent evidence is presented in a public hearing showing that the establishment or enlargement of such outdoor service area is likely to have an adverse impact within the immediate vicinity of the licensed premises if conditions protecting the immediate neighborhood are not imposed, the local licensing authority may, as an alternative to denying the application, make its consent to the requested modification conditional. Such conditional consent may: 1. restrict or limit the hours of operation of an outdoor service area; 13

143 2. require or limit lighting in and around such outdoor service area; 3. require fencing or other screening designed to discourage patrons of the licensed premises from entering into neighboring areas and to minimize light and noise impacts in such areas; 4. limit or prohibit live entertainment and amplified music in outdoor service areas; 5. contain other requirements, restrictions and/or limitations deemed necessary by the local licensing authority to eliminate or mitigate potential adverse impacts within neighborhoods in the immediate vicinity of the licensed premises. G. Nothing in this section shall require a licensee to seek consent for modification of a premises, if the modification will not materially or substantially alter the licensed premises or the usage of the licensed premises. Examples of modifications for which written consent of the local licensing authority is not required include: 1. painting and redecorating of premises; 2. the installation or replacement of electric fixtures or equipment; 3. the lowering of ceiling; 4. the installation and replacement of floor coverings; 5. the replacement of furniture and equipment, and other similar changes; 6. any non-structural remodeling of a licensed premises where the remodel does not expand the existing licensed area Sale off-premises prohibited. No person shall sell, offer for sale, or solicit any order for the sale at retail of any alcoholic liquor or three and two-tenths percent (3 2/1 %) beer except within the licensed premises Special events permits. A. Pursuant to C.R.S (5)(a), the City's local licensing authority ("authority") elects not to notify the state licensing authority to obtain the state licensing authority's approval or disapproval of applications for special events permits. 14

144 B. Pursuant to Section 5.6.6(A), authority to process and issue special events permits is delegated to the City clerk provided that there are no parties filing a written objection to said permit. C. The City clerk shall report to the Colorado liquor enforcement division, within ten (1) days after issuance of a special events permit, the name of the organization to which the permit was issued, the address of the permitted location, and the permitted dates of alcohol beverage service. D. Upon receipt of an application for a special events permit, the City clerk shall, as required by C.R.S (5)(c), access information made available on the state licensing authority's website to determine the statewide permitting activity of the organization applying for the permit. The City clerk shall consider compliance with the provisions of C.R.S (3), which restricts the number of permits issued to an organization within a calendar year to fifteen (15), before approving any application. E. A special events permit may be issued only upon a satisfactory showing by an organization or a qualified political candidate that: 1. Existing licensed facilities are inadequate for the purposes of serving members or guests of the organization or political candidate and that additional facilities are necessary by reason of the nature of the special events being scheduled; or 2. The organization or political candidate is temporarily occupying premises other than the regular premises of such organization or candidate during special events such as civic celebrations or county fairs and that members of the general public will be served during such special events. F. Each application for a special events permit shall be accompanied by an application fee in an amount equal to the maximum local licensing fee established by C.R.S (2) Consumption regulations. A. It is unlawful for any person to consume any alcoholic liquor or three and two-tenths percent beer purchased by the drink except on premises licensed hereunder to sell liquor by the drink for consumption on the premises. B. It is unlawful for any person to consume any alcoholic liquor or three and two-tenths percent beer at any time, on any licensed premises other than such alcoholic liquor or three and two-tenths percent beer purchased at such licensed premises. C. It is unlawful for any person to consume any alcoholic liquor or three and two tenths percent (3.2%) beer in any licensed premises during such hours as the sale of such liquor is by law prohibited. 15

145 Opened container in public prohibited. A. It is unlawful for anyone to possess or have, within their immediate reach, any opened container containing an alcoholic beverage, including fermented malt beverages, on any street, sidewalk, public park or alley, or other public place in the City, or on the grounds of any public or private school therein. B. It is unlawful for anyone to possess or have, within their immediate reach, any opened container containing an alcoholic beverage, including fermented malt beverages, while in any vehicle on any street, sidewalk, public park or alley or other public place in the City, or on the grounds of any public or private school therein. C. It is unlawful for the driver, owner or other person in control of a vehicle to permit anyone in the vehicle to possess, or have within their immediate reach, any opened container containing an alcoholic beverage, including fermented malt beverages. D. The City council shall have the power to authorize the consumption of alcoholic beverages, including fermented malt beverages, in public parks or buildings. Council, at its option, may require that the applicant provide security for the event. E. Notwithstanding any provision in this code of ordinances to the contrary, a hotel or restaurant licensed to serve alcoholic beverages may permit a customer of the hotel or restaurant to reseal and remove from the licensed premises one opened container of partially consumed vinous liquor purchased on the premises so long as the original container did not contain more than seven hundred fifty (75) milliliters of vinous liquor, and the provisions of subsections A, B and C of this section shall not be applicable to any such customer Conduct of establishments. A. It is unlawful for any licensee, agent or employee or manager by force or threat of force, including any letter or other communication threatening such force, to endeavor to intimidate, obstruct or impede any law enforcement officer or inspectors of the Liquor Enforcement Division from exercising their duties under the provisions of this Chapter or any other rule, regulation or provision of the State Liquor Code. B. It is unlawful for any person to sell, serve, give away, dispose of, or permit the sale, serving, giving or procuring of any alcoholic liquor or three and two-tenths percent (3.2%) beer to or for any person who has become or is reasonably certain to be visibly intoxicated or a known habitual drunkard. C. It is unlawful for any person to sell, serve, or deliver or cause or permit to be sold, served or delivered any alcoholic liquor within the City to any person under the age of twenty-one (21) years. 16

146 D. It is unlawful for any person to serve any alcoholic liquor to any adult person and permit the adult person to serve or give the same on the licensed premises to any person under the age of twenty-one (21) years. E. It is unlawful for any person to sell, serve or deliver three and two-tenths percent beer to any person under the age of twenty-one (21) years. G. It is unlawful for any person under the age of twenty-one (21) years to purchase any malt, vinous or spirituous liquors, or to purchase three and two-tenths percent (3.2%) beer. H. Except as permitted in the course of lawful employment, it is unlawful for any person under the age of twenty-one (21) years to have in his or her possession, malt, vinous, spirituous liquor or for any person whose birth date is after July 29, 1969 to have three and two-tenths percent (3.2%) beer in his or her possession in any public street, alley, road, park, or highway or any other public place whatsoever within the jurisdiction of this City. I. It is unlawful for any licensee to employ any person under the age of twentyone years (21) to sell, serve, distribute or in any way handle spirituous liquors, or to permit any such employee to sell, serve, distribute or in any way handle spirituous liquors in or upon the licensed premises under the control of such licensee. J. No person under twenty-one (21) years of age who is employed by an establishment licensed as a tavern, and which does not regularly serve meals, shall sell or serve malt, vinous or spirituous liquors; however, a person under the age of twenty-one years may be employed by a hotel or restaurant to sell or serve malt, vinous or spirituous liquors so long as he or she is supervised by another person who is on premise and who is at least twenty-one (21) years of age. K. It is unlawful for any person to sell, cause or permit to be sold, or offer for sale, any fermented malt beverage containing not more than three and two-tenths percent (3.2%) alcohol by weight without having posted on the outside and inside of such establishment in a plainly visible location, signs with the letters not less than ten inches tall each containing the words "only 3.2 beer sold here." L. It is unlawful for any licensee, manager or agent of any establishment licensed for on-premises consumption to permit the removal from the licensed premises of any alcoholic liquors in sealed or unsealed containers Responsibility of determining age. Every person selling, serving or delivering alcoholic liquors or three and two-tenths percent (3.2%) beer shall have the responsibility of determining the age of any person to whom he or she shall sell, serve or deliver alcoholic liquors or three and 17

147 two-tenths percent (3.2%) beer and shall be responsible for all sales, service and gifts made on the licensed premises Distance from public schools. Any establishment seeking licensing for alcoholic beverages as a hotel or restaurant must be not less than four hundred ninety-five (495) feet from the nearest school building. The measurement shall be made on the ground from the point of the school building nearest the establishment to the nearest point of the building for which licensing is sought Tastings. A. The City authorizes tastings to be conducted by retail liquor store or liquorlicensed drugstore licensees in accordance with this section and pursuant to C.R.S. Section Within the City, it is unlawful for any person or licensee to conduct tastings unless a permit has been obtained in accordance with this section. The Local Licensing Authority is authorized to issue tasting permits in accordance with the requirement of this section B. A retail liquor store or liquor-licensed drugstore licensee that wishes to conduct tastings shall submit an application for a tastings permit to the Local Licensing Authority. The Local Licensing Authority may reject the application if the applicant fails to establish that the licensee is able to conduct tastings without violating the provisions of this section or creating a public safety risk to the neighborhood. The Local Licensing Authority shall establish the application procedure. C. Tastings shall be subject to the following limitations: 1. Tastings shall be conducted only by a person who has completed a server training program that meets the standards established by the Liquor Enforcement Division of the Department of Revenue and who is either a retail liquor store licensee or a liquor-licensed drugstore licensee, or an employee of a licensee, and only on a licensee's licensed premises. A certificate of training shall be provided to the Local Licensing Authority with the application form attached hereto. 2. The alcohol used in tastings shall be purchased through a licensed wholesaler, licensed brew pub, or winery licensed pursuant to C.R.S. Section at a cost that is not less than the laid-in cost of such alcohol. 3. The size of an individual alcohol sample shall not exceed one (1) ounce of malt or vinous liquor or one-half of one ounce of spirituous liquor. 4. Tastings shall not exceed a total of five (5) hours in duration per day, which need not be consecutive. 18

148 5. Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than eleven (11:) a.m. or later than seven (7:) p.m. 6. Tastings may occur on no more than four (4) of the six (6) days from a Monday to the following Saturday, not to exceed one hundred four (14) days per year. 7. The Licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample. 8. The Licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises or shall destroy the samples immediately following the completion of the tasting. 9. The Licensee shall not serve a person who is under twenty-one (21) years of age or who is visibly intoxicated. 1. The Licensee shall not serve more than four (4) individual samples to a patron during a tasting. 11. Alcohol samples shall be in open containers and shall be provided to a patron free of charge. 12. No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in-kind assistance to favor the manufacturer's products being sampled at a tasting. The Licensee shall bear the financial and all other responsibility for a tasting. 13. A violation of any of the limitations specified herein by a retail liquor store or liquor-licensed drugstore licensee, whether by his or her employees, agents, or otherwise, shall be the responsibility of the retail liquor store or liquorlicensed drugstore licensee who is conducting the tasting and shall be subject to the same revocation, suspension and enforcement provisions as otherwise apply to the licensee. D. Renewal. Tastings permits must be renewed annually subject to the same criteria as issuance of the initial license, as set forth in subsection B of this section Violation Penalty. Any person, firm or corporation violating any of the provisions of this Chapter, upon conviction, shall be punishable as provided in Section 1.1.1, as amended. In addition, the City council may hold a hearing to suspend or revoke any license issued pursuant to this Chapter REGULATION OF MASSAGE PARLORS 19

149 Purpose. This Chapter is enacted for the purpose of promoting the health, safety, and welfare of the citizens of the City by regulating and licensing massage parlors Definitions. As used in this Chapter, unless the context otherwise requires, the following words and terms shall be defined as follows: A. "Massage" means a method of treating the body of another for medical, remedial or hygienic purposes, including, but not limited to, rubbing, stroking, kneading, or tapping with the hand or an instrument or both, and for purposes of this Chapter, massage shall include any services which are offered or performed for compensation, which are advertised or represented as massage, or which involve the touching of the body with the purpose of inducing any type of pleasurable experience by a person who is not licensed as a massage therapist. B. "Massage parlor" means an establishment providing massage, but it does not include training rooms of public or private schools accredited by the state board of education or approved by the division charged with the responsibility of approving private occupational schools, training rooms of recognized professional or amateur athletic teams, or licensed health care facilities. A facility which is operated for the purpose of massage therapy performed by a massage therapist is not a massage parlor. For purposes of this subsection, massage therapist means a person who was graduated from a massage therapy school accredited by the state educational board or division charged with the responsibility of approving private occupational schools, or from a school with comparable approval or accreditation from another state with transcripts indicating completion of at least five hundred hours of training in massage therapy. For purposes of this subsection, a massage therapy school may include an equivalency program approved by the state educational board or division charged with the responsibility of approving private occupational schools Licensing authority established. A. There is an established massage parlor licensing authority, which shall have and is vested with the authority to grant or refuse licenses for massage parlors based upon the criteria set forth herein and state law, to conduct investigations, and to suspend or revoke such licenses for cause in the manner provided by this Chapter. B. The massage parlor licensing authority shall be the City Council. C. The City Clerk shall receive all applications for licenses and shall issue all licenses granted by the authority, upon receipt of all fees as are required by this Chapter. All public notices required by this Chapter shall be accomplished by the City Clerk. The Chief of Police or the chief of police's designee shall be the 2

150 massage parlor inspector, who shall perform routine periodic inspections of the licensed premises and such other duties as the massage parlor licensing authority may reasonably direct License required Display. A. It is unlawful for any person to operate a massage parlor within the City unless such person shall have first obtained a massage parlor license from the City. Such license shall be prominently displayed at all times upon the premises for which the license was issued. B. It is unlawful for any person operated a massage parlor within the City without a business license pursuant to Chapter 5.4 of this Code Application fee. Each applicant, whether an individual, partnership, or corporation, shall pay an application fee in an amount set by resolution of the City Council at the time of filing an application. Such application fee shall be nonrefundable License application. A. Applications for a license under the provisions of this Chapter shall be on forms prepared and furnished by the City Clerk, which shall set forth such information as the licensing authority requires to enable the authority to determine whether a license should be granted. Each individual applicant, partner of a partnership, officer, director, and holder of over ten percent of the corporate stock of the corporate applicant, and all managers shall be named in each application form, and each of them shall be photographed and fingerprinted by the Manitou Springs Police Department. Each individual applicant, partnership, and corporate applicant shall also furnish evidence from the City planning department, building department, and public works department that the proposed establishment meets the requirements of the City zoning ordinances, proof of the applicant's right to possession of the premises, complete plans and specifications for the premises, a financial questionnaire, a background investigation report, and consent to release financial information and any other information necessary to complete the investigation of the applicant. Each corporate applicant shall furnish evidence that it is in good standing under the statutes of the State of Colorado, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the State of Colorado. B. The City Clerk shall not accept any application that is not complete in every detail. If an omission or error is discovered by the City Clerk, the application shall be rejected and returned to the applicant for completion or correction without further action by the City Clerk. For purposes of this Chapter, the date the City clerk accepts an application which is complete in every detail shall be the filing date. 21

151 C. The boundaries of the neighborhood to be considered pursuant to Section 5.7.9(B) of this Chapter in determining whether or not to grant said license shall be the entire City of Manitou Springs. D. Any massage parlor existing as of the effective date of this Chapter shall file a license application as set forth herein within sixty (6) days of the effective date. Any such massage parlor existing as of the effective date of this chapter shall be subject to closure by appropriate enforcement action of the City pursuant to Section ; if a license has not been successfully obtained within one hundred eighty (18) days of the effective date of this Chapter. Any application for a massage parlor business license pending as of the effective date of this chapter shall be subject to the requirements of this Chapter Public notice; posting and publication. A. Upon receipt of a complete application, except an application for renewal or for transfer of ownership, the licensing authority shall schedule a public hearing upon the application not less than thirty (3) days after the filing date of the application and shall post and publish the public notice thereof not less than ten (1) days prior to such hearing. Public notice shall be given by the posting of a sign in a conspicuous place on the premises for which application has been made and by publication in a newspaper of general circulation in the City. B. Notice given by posting shall include a sign of suitable material, stating the type of license applied for, the date of the application, the date of the hearing, the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. If the applicant is a partnership, the sign shall contain the names and addresses of all partners, and, if the applicant is a corporation, association, or other organization, the sign shall contain the names and addresses of the president, vice-president, secretary, and manager. C. Notice given by publication shall contain the same information as that required for signs. D. Any sign posted as required in subsections (A) and (B) of this section, shall be placed so as to be conspicuous and plainly visible to the general public. E. At the public hearing, held pursuant to this section, any party in interest shall be allowed to present evidence and cross-examine witnesses. As used in this Chapter, party in interest includes the applicant, a resident of the neighborhood under consideration, or the owner or manager of a business located in the neighborhood under consideration. F. The licensing authority, in its discretion, may limit the presentation of evidence and cross-examination so as to prevent repetitive and cumulative evidence or examination. 22

152 Investigation. A. When a complete application has been accepted for filing, the required individuals have been fingerprinted and photographed, and the license fee has been paid, the City Clerk shall transmit the application to the Manitou Springs Police Department for investigation of the background and financial interest of each individual applicant, each partner holding over ten percent(1%) interest of a partnership, each officer, director, and holder of over ten percent (1%) of the stock of a corporation of a proposed massage parlor establishment. The police department shall also investigate the source of funds for the business. Each applicant shall pay a nonrefundable investigation fee at the time the application is filed in the amount then charged by the Colorado Department of Public Safety for each person who will be investigated. B. The investigation conducted by the Manitou Springs Police Department shall be sufficient to verify the accuracy of all the information submitted as part of the application. 1. The Manitou Springs Police Department shall make a recommendation to the licensing authority to approve or deny the license based on its investigation. In investigating the qualifications of any applicant, licensee, employee, or agent of the licensee or applicant, the licensing authority may have access to criminal history record information furnished by criminal justice agencies subject to any restrictions imposed by such agencies. In the event the licensing authority takes into consideration information concerning the applicants criminal history record, the licensing authority shall also consider any information provided by the applicant regarding such criminal history record, including, but not limited to, evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of his application for a license. 2. As used in this subsection (B), criminal justice agency means any federal, state, municipal court or any governmental agency or subunit of such agency which performs the administration of criminal justice; pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice. C. No application for a massage parlor license, at a particular location by or on behalf of the same person, shall be received or acted upon concerning a location for which, within two (2) years preceding, the local licensing authority has refused to approve a license on the ground, in whole or in part, that the licenses already granted for the particular locality were adequate for the reasonable requirements of the neighborhood and the desires of the inhabitants at the time of such refusal Results of investigation; decision of authority; change of financial interest. 23

153 A. Not less than five (5) days prior to the date of the hearing, the City shall make known its findings, based upon its investigation, in writing to the applicant and other interested parties. The licensing authority has authority to refuse to issue any license, subject to judicial review. B. Before entering any decision approving or denying the application, the licensing authority shall consider, except where this Chapter specifically provides otherwise, the facts and evidence produced as a result of the investigation, including the reasonable requirements of the neighborhood for the license for which application has been made, the desires of the inhabitants, the number, type, and availability of other massage parlors located in or near the neighborhood under consideration, and any other pertinent matters affecting qualifications of the applicant for the conduct of the business proposed. C. Any decision of a licensing authority approving or denying an application shall be in writing stating the reasons therefore and shall be made within thirty (3) days after the date of the public hearing, and a copy of such decision shall be sent by certified mail to the applicant at the address shown in the application. D. No license shall be issued by the licensing authority after approval of an application until the building in which the business is to be conducted is ready for occupancy with furniture, fixtures, and equipment in place as are necessary to comply with the provisions of this Chapter, and then, only after inspection of the premises has been made by the licensing authority to determine that the applicant has complied with the plans and specifications submitted upon application. If the building has not been constructed or placed in operation within one (1) year after approval of the license application or construction of the building has not been commenced within one year after such approval, the licensing authority, in its discretion, may revoke or elect not to renew the license. E. Any change in the partners holding over ten percent (1%) in interest of a partnership or in the officers, directors, or holders of over ten percent (1%) of the stock of a corporate licensee holding a massage parlor license shall result in termination of the license of the partnership or corporation, unless such licensee within thirty (3) days after such change files a written notice of such change with the City Clerk on forms provided by the City Clerk, together with the required fees, fingerprints, and photographs. The Manitou Springs Police Department shall thereafter conduct an investigation and make a recommendation as set out in Section F. Each license issued under this Chapter is separate and distinct, and no person shall exercise any of the privileges granted under any license other than that which he holds. A separate license shall be issued for each specific business or business entity and each geographical location Renewals. 24

154 Application for the renewal of an existing license shall be made to the licensing authority not less than forty-five (45) days prior to the date of expiration. The licensing authority may cause a hearing on the application or renewal to be held. No such renewal hearing shall be held by the licensing authority until a notice of hearing has been conspicuously posted on the licensed premises for a period of ten (1) days and notice of the hearing has been provided to the applicant at least ten (1) days prior to the hearing. The licensing authority, in its discretion, may revoke or elect not to renew a license if it determines that the licensed premises have been inactive for at least three (3) months. The licensing authority may also refuse to renew any license for good cause, subject to judicial review Transfer of ownership. A. Application shall be made to the licensing authority prior to any transfer of ownership on forms prepared and furnished by the licensing authority. In determining whether to permit a transfer of ownership, the licensing authority shall consider the requirements of Section The licensing authority may cause a hearing on the application for transfer of ownership to be held. No such hearing shall be held by the licensing authority until the notice of hearing has been conspicuously posted on the licensed premises for a period of ten (1) days and written notice of the hearing has been provided to the applicant at least ten (1) days prior to the hearing. B. When a license has been issued to a husband and wife or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new license. All rights and privileges granted under the original license shall continue in full force and effect as to such survivors for the balance of the license Location of massage parlors. A. It is unlawful to operate or cause to be operated a massage parlor which is in violation of the Manitou Springs zoning ordinances. B. No changes of location for a licensed massage parlor shall be allowed License term; fees. A. All licenses granted pursuant to this Chapter shall be for a term of one (1) year. Said term shall commence on the date the license is issued or renewed. B. The license fee for a new license shall be determined by resolution of the City Council. The annual license renewal fee shall also be determined by resolution of the City Council. C. In the event of a suspension, revocation, or cessation of business, no portion of the license fee shall be refunded. 25

155 Identity cards. A. Every applicant, licensee, agent or employee of said applicant or licensee who administers massages shall, prior to commencing work in or upon the licensed premises, obtain an identity card from the City Clerk and shall carry said identity card at all times while in or upon the licensed premises. B. The identity card shall include the location of the massage parlor, the name, signature, and photograph of the individual. A fee in an amount set by resolution of the City Council shall be charged for each card, said fee to be collected by the City Clerk and used to defray the expenses of providing such identity cards. A separate identity card shall be required for each person for each place of employment. C. Each applicant for an identity card shall be photographed and fingerprinted by the police department and must submit an application form, background investigation report, a copy of a valid picture driver's license or other form of acceptable picture identification, and the required identity card and investigation fees to the City Clerk. Upon receipt of a properly completed application form, acceptable form of identification, and fee, the City Clerk shall transmit the application to the Manitou Springs Police Department for investigation of the applicant's background. The City Clerk shall reject any application that is not complete in every detail. D. Within forty-five (45) days after filing of a properly completed application for an identity card, the City Clerk will either issue the requested identity card or notify the applicant that the police department has recommended denial of the identity card. The police department may request a reasonable extension of time from the City Clerk if such extension of time is necessary in order to complete its investigation. Notice of denial of an identity card setting out the grounds for denial shall be sent by certified mail to the applicant at the address provided by the applicant. The grounds for denial shall be those set out in this section and Section herein. In the event of a denial, an applicant shall have the right to a hearing before the licensing authority as set forth in Section E. Should any identity card be lost, stolen, or otherwise missing, the person to whom the identity card was issued shall report the missing card to the City Clerk within forty-eight (48) hours of discovery that the identity card is missing. Replacement identity cards shall be issued within five (5) business days of receipt of an application for a replacement identity card. The fee for a replacement card shall be in an amount set by resolution of the City Council Suspension; revocation; denial of identity card; hearings. A. The licensing authority may suspend or revoke any license granted pursuant to this Chapter upon a finding of the following: 26

156 1. That repeated disturbances of the public peace involving patrons, agents or employees, or the licensee of the establishment have occurred within the licensed establishment or upon any parking areas, sidewalks, access ways or grounds within the neighborhood of the licensed establishment; 2. That the licensee or any agents or employees thereof are illegally offering for sale or illegally allowing to be sold or consumed upon the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, narcotics or dangerous drugs, fermented malt beverages, or malt, vinous or spirituous beverages; 3. That the licensee or any agents or employees thereof permitted patrons to engage in indecent, obscene or immoral conduct as prohibited by Manitou Springs Municipal Code Section et seq., or upon any parking areas, sidewalks, access ways, or grounds immediately adjacent to the licensed establishment, when the licensee or agent or employee knew or should have known such displays or acts were taking place; 4. That the licensee made a false statement or gave false information in connection with an application for or renewal of a massage parlor license; or 5. That the licensee violated or permitted a violation of any provisions of this Chapter. B. Nothing in this Chapter shall prohibit the City from taking any other enforcement action provided for by the Manitou Springs Municipal Code, the laws of the state of Colorado, or of the United States. C. A licensee shall be entitled to a hearing before the licensing authority if the City Administrator files a written complaint with the licensing authority seeking to suspend or revoke a license. 1. When there is probable cause to believe that a licensee has committed, or has allowed to be committed acts, which are grounds for suspension or revocation under this Chapter, the City Administrator may file a written complaint with the licensing authority setting forth the circumstances of such acts. 2. The licensing authority shall provide a copy of the complaint to the licensee, together with notice to appear before the licensing authority or his or her designee for the purpose of a hearing on a specified date to show cause why the licensee's license should not be suspended or revoked. 3. At the hearing referred to above, the licensing authority shall hear and consider relevant evidence from any witness. Evidence in support of the charges shall be given first, followed by cross-examination of those testifying thereto. The licensee, in person or by counsel, shall then be permitted to give evidence in defense and in explanation, and shall be allowed to give evidence and statements in mitigation of the charges. In the event the licensee is found to have 27

157 committed the violation charged, evidence and statements in aggravation of the offense shall also be permitted. The licensing authority shall make findings of fact from the evidence as to whether a violation has occurred. If the licensing authority determines that a violation did occur, it shall issue an order within thirty (3) days after the hearing suspending or revoking the licensee's license based on its findings of facts. No suspension shall be for a longer period than six (6) months. A copy of the findings and order shall be mailed to or served on the licensee at the address on the license. 4. The order of the licensing authority made pursuant to subsection (C)(3) above, shall be a final decision, subject to judicial review. Failure of a licensee to appeal said order in a timely manner shall constitute a waiver of any right a licensee may otherwise have to contest the suspension or revocation of his license. 5. The licensing authority has the power to administer oaths and issue subpoenas to require the presence of persons and production of papers, books, and records necessary to the determination of any hearing which the licensing authority conducts. It is unlawful for any person to fail to comply with any subpoena issued by the licensing authority. 6. A subpoena shall be served in the same manner as a subpoena issued by the district court of the state of Colorado. Upon failure of any witness to comply with such subpoena, the City Attorney shall: a. Petition the municipal court of the City, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the court after hearing evidence in support of or contrary to the petition, enter its order compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of court; or b. Petition the district court in and for El Paso County, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the court after hearing evidence in support of or contrary to the petition, enter its order as in other civil actions, compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of court. D. All hearings held before the licensing authority under this Chapter shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall post a deposit in the amount required by the City Clerk, and shall pay all costs of preparing such record Persons prohibited as licensees. 28

158 No license provided by this Chapter shall be issued to or held by: A. Any corporation, any of whose officers, directors, or stockholders holding more than ten percent (1%) of the stock thereof are not of good moral character; B. Any partnership, association, or company, any of whose officers, or any of whose members holding more than ten percent (1%) interest therein, are not of good moral character; C. Any person employing, assisted by, or financed in whole or in part by any other person who is not of good character and reputation satisfactory to the licensing authority; and D. Any sheriff, deputy sheriff, police officer, or prosecuting officer or any of the licensing authority's inspectors or employees Unlawful acts. A. It is unlawful for any person: 1. To operate a massage parlor anywhere within the City without holding a valid Manitou Springs massage parlor license; 2. To work in or upon the licensed premises of a massage parlor administering massages without obtaining and displaying a valid identity card pursuant to Section of this Chapter; 3. To be in or upon the premises of a massage parlor or to obtain the services provided in a massage parlor by misrepresentation of age or by any other method in any place where massage is practiced when such person is under eighteen (18) years of age, unless such person is accompanied by his parent or legal guardian, or has a physician's prescription for such massage services; 4. To allow the sale, giving, or procuring of any massage services to any person under the age of eighteen (18) years, unless such person is accompanied by his parent or legal guardian, or has a physician's prescription for such massage services; 5. To employ any person under the age of eighteen (18) years in a massage parlor; however, if any person who is not eighteen (18) years of age exhibits a fraudulent proof of age that he is eighteen (18) years of age or older, any action relying on such fraudulent proof of age shall not constitute grounds for the revocation or suspension of any license issued under this Chapter for violation of subsection (A)(3) through (5) of this section, unless the person inspecting such proof of age knew or should have known that it was fraudulent; 6. To fail to display, at all times, in a prominent place on the licensed premises a printed card with a minimum height of fourteen (14) inches and a width 29

159 of eleven (11) inches with each letter a minimum of one-half (.5) inch in height, which shall read as follows: WARNING IT IS ILLEGAL FOR ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE TO BE IN OR UPON THESE PREMISES AT ANY TIME UNLESS HE IS ACCOMPANIED BY HIS PARENT OR LEGAL GUARDIAN, OR HAS A PHYSICIAN'S PRESCRIPTION FOR SUCH MASSAGE SERVICES. IT IS ILLEGAL FOR ANY PERSON TO ALLOW A PERSON UNDER EIGHTEEN YEARS OF AGE TO BE IN OR UPON THESE PREMISES AT ANY TIME, UNLESS HE IS ACCOMPANIED BY HIS PARENT OR LEGAL GUARDIAN, OR HAS A PHYSICIAN'S PRESCRIPTION FOR SUCH MASSAGE SERVICES. FINES OR IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS UNDER THE MANITOU SPRINGS MUNICIPAL CODE AND ARTICLE 48.5 OF TITLE 12, COLORADO REVISED STATUTES. 7. To permit any narcotics or dangerous drugs on the licensed premises; 8. To permit any fermented malt beverages, or malt, vinous, or spirituous liquors on the licensed premises; 9. To administer a massage or permit any massage to be administered to a patron whose genitals, anus, or female breasts are exposed during the massage treatment, and no patron of a massage parlor shall knowingly expose his or her genitals, anus, or female breasts during a massage; 1. To intentionally touch or permit any other person to touch the genitals, anus, or female breasts of any other person while on the licensed premises; 11. To engage in, encourage, or request, or to permit any person to engage in, encourage, or request acts of masturbation while on the licensed premises; 12. To fail to have exterior windows (without shades) of sufficient size to permit observation of the inside of the premises by a law enforcement officer standing outside of the premises; and 13. To interfere with or refuse to permit any inspection of the licensed premises by the Manitou Springs Police Department or agent of the City. B. No massage parlor shall be open for business between the hours of 1: p.m. and 8: a.m. 3

160 Employee apparel. All employees shall wear clothing that covers the pubic area, perineum, buttocks, cleft of the buttocks, and entire chest to four (4) inches below the collar bone and legs not exposed more than six (6) inches above the knees. No transparent clothing shall be permitted Right of entry. The application for a massage parlor license shall constitute consent of the licensee and his or her agents or employees to permit the Manitou Springs Police Department or any other agent of the City to conduct routine inspections of any licensed massage parlor during the hours the establishment is conducting business and at other times during which activity on the premises is in evidence Exemptions. The following classes of persons and establishments are exempted from this ordinance: A. Physicians, osteopaths, physical therapists, chiropodists, chiropractors or podiatrists licensed or registered to practice in this state while performing such services in the practice of their respective professions; B. Registered nurses and licensed practical nurses that are licensed to practice in this state while performing such services in their usual nursing duties; C. Barbers and cosmetologists duly licensed under the laws of this state in the course of practice of their usual and ordinary licensed vocation and profession, as defined in C.R.S et seq., as the same may be amended; D. Hospitals, clinics, nursing and convalescent homes and other similar institutions dedicated to medical or nursing practices licensed under the laws of this state where massage and baths may be given; E. Massage practiced in an institution of learning established for such instruction under C.R.S et seq., as the same may be amended; F. Training rooms of public and private schools accredited by the State Board of Education or approved by the State Board for Community Colleges and Occupational Education, and training rooms of recognized professional or amateur athletic teams; G. Health care facilities licensed by the state of Colorado, and not specified in this Chapter; and H. Massage therapists as defined in Section of this Chapter. 31

161 Penalty. A. Violations of this Chapter are punishable as provided in Section of this code. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation shall be considered as a separate offense. B. Nothing herein contained shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. C. All remedies and penalties provided for in this section shall be cumulative and independently available to the City, and the City shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law. D. The penalties provided in this section shall not be affected by the penalties provided in any other section of this Chapter but shall be construed to be an addition to any other penalties. CHAPTER MEDICAL MARIJUANA Definitions. As used in this Chapter, unless the context otherwise requires, the following words and terms shall be defined as follows: A. Good cause, for purposes of refusing or denying a license renewal, reinstatement, or initial license issuance, means: 1. The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of this Chapter, the Colorado Medical Marijuana Code, or any rules or regulations promulgated pursuant to this Chapter or the Colorado Medical Marijuana Code; 2. The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license; or 3 The licensed premises have been operated in a manner that adversely affects the public health or welfare or the safety of the immediate neighborhood in which the establishment is located. B. License means to grant a license or registration pursuant to this Chapter and the Colorado Medical Marijuana Code. C. Licensed premises means the premises specified in an application for a license under this Chapter and the Colorado Medical Marijuana Code, which is 32

162 owned or in possession of the licensee and within which the licensee is authorized to distribute or sell medical marijuana in accordance with the provisions of this Chapter and the Colorado Medical Marijuana Code. D. Licensee means a person licensed or registered pursuant to this Chapter and Colorado Medical Marijuana Code. E. Local licensing authority means the City Council of the City of Manitou Springs, unless the City Council of Manitou Springs designates other persons to serve as the local licensing authority. F. Location means a particular parcel of land that may be identified by an address or other descriptive means. G. Medical marijuana means marijuana that is grown and sold for a purpose authorized by Article XVIII, 14 of the Colorado Constitution. H. Medical marijuana center means a person licensed to operate a business as described in the Colorado Medical Marijuana Code that sells medical marijuana and medical marijuana-infused products to registered patients or primary caregivers as defined in Article XVIII, 14 of the Colorado Constitution, but is not a primary caregiver, and which a municipality is authorized to regulate as a matter of law. I. Medical marijuana-infused products manufacturer means a person licensed pursuant to the Colorado Medical Marijuana Code to operate a business manufacturing medical marijuana-infused products, and which a municipality is authorized to prohibit as a matter of law. J. Optional premises cultivation operation means a person licensed pursuant to the Colorado Medical Marijuana Code to grow and cultivate marijuana for a purpose authorized by Article XVIII, 14 of the Colorado Constitution, and which a municipality is authorized to prohibit as a matter of law. K. Patient has the meaning set forth in Article XVIII, 14(1)(c) of the Colorado Constitution. L. Person means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof. M. Premises means a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area. N. Primary caregiver has the meaning set forth in Article XVIII, 14 (1)(f) of the Colorado Constitution. O. School means a public or private preschool or a public or private elementary, middle, junior high, or high school. 33

163 P. State licensing authority means the state authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of medical marijuana in this state, pursuant to C.R.S License required. A. No person shall operate a medical marijuana center within the City without a valid license issued in accordance with this Chapter. B. No person shall operate a medical marijuana center within the City without a business license pursuant to Chapter 5.4 of this code Fee. An applicant shall pay to the City a nonrefundable application fee when the application is filed. The purpose of the application fee is to cover the administrative costs of processing the application. An application fee, renewal fee, and annual license fee shall be fixed by the City Council by resolution Local licensing authority established. The City Council shall be the local licensing authority of the City for the licensing of medical marijuana centers, pursuant to this Chapter, unless the City Council designates other persons to serve as the local licensing authority. The local licensing authority shall possess all powers given to local licensing authorities by the provisions of the Colorado Medical Marijuana Code and related rules and regulations. Any decision made by the local licensing authority to grant or deny a license, to revoke or suspend a license, or to renew or not renew a license shall be a final decision, subject to judicial review Prohibitions Cultivation and manufacturing. Medical marijuana-infused products manufacturing and optional premises cultivation operations are prohibited in the City Persons prohibited as licensees. A license shall not be issued to or held by any person prohibited as a licensee under C.R.S , as amended Medical marijuana center requirements. A. Zoning District. Medical marijuana centers shall only be located in the Commercial Zoning District. Medical marijuana centers are not permitted within any other zoning district including the downtown zoning district or within any building that contains a residential dwelling or lodging unit. 34

164 B. Conditional Use Approval. No license shall be issued unless a medical marijuana center is approved as a conditional use pursuant to the criteria and procedures for conditional uses set forth in Chapter 18.3 of Title 18 of this Code. When considering whether to grant conditional use approval, the requirements of this section shall be considered in addition to the criteria set forth in Chapter 18.3 of Title 18 for conditional uses. C. Location. Medical marijuana centers shall meet the following location requirements: 1. As measured from the property boundary, no medical marijuana center shall be located within five hundred (5) feet of the following: a. Any educational institution or school, either public or private; b. Any licensed child care facility; c. Any alcohol or drug rehabilitation facility. 2. As measured from the property boundary, no medical marijuana center shall be located within two hundred (2) feet of any existing medical marijuana business whether such business is located within or outside of the City. 3. Although there is no minimum distance standard from the following locations, when reviewing an application, the proximity and compatibility with the following uses shall be considered: a. The exterior boundary of any residential zone district; and b. Any public community center, park, designated recreation trail, library, hotel, or recreation center, or any publicly owned or maintained building open for use to the general public. 4. No more than two (2) medical marijuana centers may be licensed or located within the City at any given time. If the maximum number of medical marijuana center licenses have been issued, the City shall not accept any further applications for such uses until an existing license is either revoked or expires. When the number of licensed medical marijuana centers is less than this limit for any reason, including the cessation of operation of a medical marijuana center either by license revocation or expiration, notice shall be posted on the City's website indicating that applications for the applicable medical marijuana use shall be accepted for a sixty-day period. At the end of the sixty-day period, the City shall review the applications by a random selection process. The first complete application randomly selected will be reviewed, and if it is denied, then the local licensing authority shall review the next complete application randomly selected. Only fully complete applications will be eligible for review. Once a license has been issued, all unselected or rejected applications shall be discarded. The City 35

165 shall notify each applicant that is not selected for formal review by the local licensing authority, and shall refund the operating fee, but not the application fee. D. Advertisements. Advertisements, signs, displays or other promotional material depicting medical marijuana uses or symbols shall not be shown or exhibited off the premises or in any manner which is visible to the public, from roadways, pedestrian sidewalks or walkways, or from other public areas. No signage associated with a medical marijuana center shall use the word "marijuana," "cannabis," or any other word or phrase commonly understood to refer to marijuana unless such word or phrase is immediately preceded by the word "medical." E. Indoor Use. All business related to medical marijuana shall be conducted indoors, and all building openings, entries, and windows shall be located, covered, or screened in such a manner as to prevent a view into the interior; and for new construction, the building shall be constructed so as to prevent any possibility of viewing the interior from the exterior of such structure. F. Security. Medical marijuana centers shall provide adequate security on the premises. At a minimum, such security shall include the following: 1. All buildings shall be secured with a locked door system which requires an employee to allow entrance into the building or center if the dispensing area is separated from other areas of the building by a waiting room or other retail services; 2. Security surveillance cameras installed to monitor the main entrance and the exterior of the premises to discourage and to facilitate the reporting of criminal acts as well as nuisance activities. Security video shall be preserved for at least seven (7) days; and 3. Robbery and burglary alarm systems which are professionally monitored and maintained in good working condition. G. Additional Limitations. Medical marijuana centers shall be subject to the following additional requirements: 1. The business may only be open for the sale or distribution of medical marijuana during the hours of 8: a.m. to 97: p.m. 2. No on-site consumption of marijuana is allowed. 3. All centers shall be equipped with a secure safe that is utilized for the purposes of storing marijuana during non-business hours. 4. A City business license is required. 5. No mobile structure may be used to dispense medical marijuana. 36

166 6. No alcohol sales or consumption shall be permitted on site Application requirements. A. An application, verified by oath or affirmation, must be submitted for the medical marijuana center to ensure compliance with this Code. The application must contain the following items: 1. The applicant's name, address, telephone number and social security number; 2. The street address and unit number, if applicable, of the proposed medical marijuana center, and a complete description of the site for which the license is being obtained; 3. If the applicant is not the owner of the proposed location of the medical marijuana center, a notarized statement from the owner of such property authorizing the submission of the application; 4. A deed, lease, or other contractual document showing that the applicant has a right of possession of the proposed location for the medical marijuana center for the full duration of the license period; 5. A completed set of the applicant's fingerprints; 6. An acknowledgement that the City will conduct a background investigation; 7. A business plan, which shall include: a. A description of proposed security provisions and systems; b. Proposed hours of operation; c. A lighting plan (interior and exterior); d. Plans and specifications for the interior, if the building is already in existence, or a plot plan and detailed sketch for the interior and architect's drawing of the building to be constructed; e. A plan for the legal disposal of any unused and unmarketable marijuana; and 8. Any additional information that the local licensing authority reasonably determines to be necessary in connection with the investigation and review of the application. 37

167 B. Criminal Background Check. A criminal background investigation shall be performed on all applicants and all owners, officers, managers, and employees of applicants. No applicant, or owner, officer, manager, or employee of an applicant shall have discharged a sentence in the five (5) years immediately preceding the application date for a conviction of a felony or have at any time been convicted of a felony pursuant to any state or federal law regarding the possession, distribution, or use of a controlled substance. The conviction for a felony by a licensee or owner, officer, manager, or employee of a licensee, shall be grounds for the revocation of an existing license. If the local licensing authority considers an individual's criminal history, the local licensing authority shall also consider any information provided by the individual regarding such criminal history record, including, but not limited to, evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of the individual's criminal history. If there is any change in ownership, officers, managers or employees, a background check must be performed on the new individuals. The licensee has thirty (3) days in which to report any change of ownership, officers, managers or employees. C. The applicant(s) must provide a state sales tax number to the City at the time of business license application. D. The local licensing authority shall not receive or act upon an application for a license if the application concerns a particular location that is the same as or within one thousand (1,) feet of a location for which, within the two (2) years immediately preceding the date of the application, the state or a local licensing authority denied an application for the same class of license due to the nature of the use or other concern related to the location Standards for issuance of license. The local licensing authority shall issue a license under this Chapter when, from a consideration of the application and from such other information as may otherwise be obtained, the local licensing authority determines that the application complies with all of the requirements of this Chapter and the Colorado Medical Marijuana Code, including the following: 1. The application (including any required attachments and submissions) is complete and signed by the applicant; 2. The applicant has paid the application fee and any other fees required by this Code; 3. The application does not contain a material falsehood or misrepresentation; 38

168 4. The location of the medical marijuana center has been approved as a conditional use, pursuant to the requirements of this Code; and 5. The criminal history of the applicant, and the applicant's owners, officers, managers, and employees does not disqualify the applicant from holding a license Authority to impose conditions on license. The local licensing authority shall have the authority to impose such reasonable terms and conditions on a license as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this Chapter and applicable law Application review procedure. A. Public Hearing Posting and Publication. 1. Upon receipt of an application for a local license, except an application for renewal or for transfer of ownership, the local licensing authority may schedule a public hearing upon the application to be held not less than thirty (3) days after the date of the application. If the local licensing authority schedules a hearing for a medical marijuana center application, it shall post and publish public notice thereof not less than ten (1) days prior to the hearing. The local licensing authority shall give public notice by the posting of a sign in a conspicuous place on the medical marijuana center premises for which application has been made and by publication in a newspaper of general circulation in El Paso County. 2. Public notice given by posting shall include a sign of suitable material, not less than twenty-two (22) inches wide and twenty-six (26) inches high, composed of letters not less than one (1) inch in height and stating the type of license applied for, the date of the application, the date of the hearing, the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. The sign shall contain the names and addresses of the officers, directors, or manager of the facility to be licensed. 3. Public notice given by publication shall contain the same information as that required for the posting of signs. 4. If the building in which medical marijuana is to be sold is in existence at the time of the application, the sign shall be posted so as to be conspicuous and plainly visible to the general public. If the building is not constructed at the time of the application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public. B. Results of Investigation. 39

169 1. Not less than five (5) days prior to the date of the public hearing, the local licensing authority shall make known its findings, based on its investigation, in writing to the applicant and other parties of interest. The local licensing authority has authority to refuse to issue a license provided for in this section for good cause, subject to judicial review. 2. Before entering a decision approving or denying the application for a local license, the local licensing authority may consider, except where this Chapter specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the type of license for which application has been made, including the number, type, and availability of medical marijuana outlets located in or near the premises under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. 3. Within thirty (3) days after the public hearing or completion of the application investigation, a local licensing authority shall issue its decision approving or denying an application for local licensure. The decision shall be in writing and shall state the reasons for the decision. The local licensing authority shall send a copy of the decision by certified mail to the applicant at the address shown in the application. 4. After approval of an application, a local licensing authority shall not issue a local license until the building in which the business to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the applicable provisions of this Chapter, and then only after the local licensing authority has inspected the premises to determine that the applicant has complied with the architect's drawing and the plot plan and detailed sketch for the interior of the building submitted with the application. 5. After approval of an application for local licensure, the local licensing authority shall notify the state licensing authority of such approval Transfer of ownership. In determining whether to permit a transfer of ownership, the local licensing authority shall consider only the requirements of this Chapter, the Colorado Medical Marijuana Code, and any related rules or regulations. The local licensing authority may hold a hearing on the application for a transfer of ownership; provided the local licensing authority shall not hold a hearing pursuant to this section until the local licensing authority has posted a notice of hearing in the manner described in Section on the licensed medical marijuana center premises for a period of ten (1) days and provided notice of the hearing to the applicant at least ten (1) days prior to the hearing Renewals. 4

170 A. A licensee shall apply for the renewal of an existing license to the local licensing authority not less than forty-five (45) days prior to the date of expiration. The local licensing authority shall not accept an application for renewal of a license after the date of expiration, except as provided in Subsection B. The local licensing authority, in its discretion, subject to the requirements of this section, and based upon reasonable grounds, may waive the forty-five-day time requirement. The local licensing authority may hold a hearing on the application for renewal only if the licensee has had complaints filed against it, has a history of violations, or there are allegations against the licensee that would constitute good cause. The local licensing authority shall not hold a renewal hearing provided for by this Subsection A for a medical marijuana center until it has posted a notice of hearing on the licensed medical marijuana center premises in the manner described in Section for a period of ten days and, provided notice to the applicant at least ten (1) days prior to the hearing. The local licensing authority may refuse to renew any license for good cause, subject to judicial review. B. Notwithstanding the provisions of Subsection A., a licensee whose license has been expired for not more than ninety (9) days may file a late renewal application upon the payment of a nonrefundable late application fee in an amount set by resolution of the City Council to the local licensing authority. A licensee who files a late renewal application and pays the requisite fees may continue to operate until both the state and local licensing authorities have taken final action to approve or deny the licensee's late renewal application unless the state or local licensing authority summarily suspends the license Suspension and revocation. A. The local licensing authority may revoke or elect not to renew any license if it determines that the licensed premises have been inactive, without good cause, for at least one (1) year. B. In addition to any other sanctions prescribed by this Chapter, the Colorado Medical Marijuana Code, or related rules and regulations, the local licensing authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke a license issued by the local licensing authority for a violation by the licensee or by any of the agents or employees of the licensee of the provisions of this Chapter, the Colorado Medical Marijuana Code, or related rules and regulations, or of any of the terms, conditions, or provisions of the license. The local licensing authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a hearing that the state or local licensing authority is authorized to conduct. C. The state or local licensing authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing pursuant to subsection B, by mailing the same in writing to the licensee at the 41

171 address contained in the license. Except in the case of a summary suspension, a suspension shall not be for a longer period than six (6) months. If a license is suspended or revoked, a part of the fees paid therefore, shall not be returned to the licensee. Any license or permit may be summarily suspended by the local licensing authority without notice pending any prosecution, investigation, or public hearing pursuant to the terms of C.R.S (4). D. Whenever a decision of the local licensing authority suspending a license for fourteen (14) days or less becomes final, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. Upon the receipt of the petition, the local licensing authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if the local licensing authority is satisfied that: 1. The public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; 2. The books and records of the licensee are kept in such a manner that the loss of sales that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy; and 3. The licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the motion or complaint that resulted in a final decision to suspend the license or permit. E. The fine accepted shall be not less than five hundred dollars ($5.) nor more than one hundred thousand dollars ($1,.). F. Payment of a fine shall be in the form of cash, a certified check or cashier's check made payable to the local licensing authority. G. Upon payment of the fine pursuant to Subsection C, the local licensing authority shall enter its further order permanently staying the imposition of the suspension Penalty. Failure to comply with the terms of this Chapter shall constitute a violation of this Code. Any person found guilty of, or who pleads guilty or nolo contendere, to a violation of any section of this Chapter shall be subject to a fine not to exceed one thousand dollars ($1,.) or a term of imprisonment not to exceed one (1) year, or both such fine and imprisonment. CHAPTER RETAIL MARIJUANA ESTABLISHMENTS 42

172 Findings The City Council makes the following legislative findings: A. The City Council finds that on November 6, 212, the voters of the State of Colorado approved Amendment 64. Amendment 64 added 16 of Article 18 to the Colorado Constitution, and legalized the possession, use, display, purchase, transport, transfer, and consumption of marijuana accessories or one ounce or less of marijuana by persons twenty-one years of age or older within the State of Colorado (as opposed to federal law). B. The City Council finds and determines that the enactment by the Colorado Legislature of the Colorado Retail Marijuana Code, C.R.S et seq., clarifies Colorado law regarding the scope and extent of Amendment 64 to the Colorado Constitution. C. The City Council finds and determines that the Colorado Retail Marijuana Code now provides a statutory framework for the regulation of retail marijuana stores. D. The City Council finds and determines that the regulation of retail marijuana may provide an additional revenue source for the City while also promoting economic vitality through the creation of additional year-round employment opportunities. E. The City Council finds and determines that, by requiring retail marijuana stores and retail marijuana testing facilities to be operated in a manner that minimizes potential health and safety risks, the negative impacts that such uses might have on surrounding properties and persons are mitigated. F. The City Council finds and determines that through this Chapter it intends to establish a nondiscriminatory mechanism by which the City may control, through appropriate regulation, the location and operation of retail marijuana stores and retail marijuana testing facilities within the City so as to preserve community values and promote the health, safety and welfare of the City's residents. G. The City Council recognizes and affirms the protections afforded by Article XVIII, Section 16 of the Colorado Constitution to persons twenty-one (21) years of age and older Purpose. The purpose of this Chapter is to implement the provisions of the Colorado Retail Marijuana Code, C.R.S , et seq., which authorizes the licensing and regulation of retail marijuana businesses and affords local government the option to determine whether to allow retail marijuana businesses within their respective 43

173 jurisdictions and to adopt licensing requirements that are supplemental to or more restrictive than the requirements set forth in state law Incorporation of state law. The provisions of the Colorado Retail Marijuana Code and any rules and regulations promulgated thereunder as the same may be amended from time to time, are incorporated herein by reference except to the extent that more restrictive or additional regulations are set forth in this Chapter. In addition to the regulations set forth in this Chapter, the City may enforce any provision of the Retail Marijuana Code and any rules and regulations promulgated thereunder applicable to licensees Authority. The City Council hereby finds, determines and declares that it has the power to adopt this Chapter pursuant to: 1. Article XVIII, Section 16 of the Colorado Constitution; 2. The Colorado Retail Marijuana Code, C.R.S et seq.; 3. The Local Government Land Use Control Enabling Act, Article 2 of Title 29, C.R.S.; 4. Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers); 5. C.R.S (concerning municipal police powers); 6. C.R.S (concerning municipal police powers); 7. C.R.S (concerning municipal authority to regulate businesses) Definitions. For purposes of this Chapter, the following terms shall have the following meanings: A. "Applicant" means a person twenty-one (21) years of age or older who has submitted an application for a license or renewal of a license issued pursuant to this Chapter. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, partners, officers or directors of such entity. B. "Colorado Medical Marijuana Code" means Article 43.3 of Title 12, Colorado Revised Statutes. 44

174 C. "Consumer" means a person twenty-one (21) years of age or older who purchases marijuana or marijuana products for personal use by a person twenty-one (21) years of age or older, but not for resale to others. D. "Cultivation" or "cultivate" means the process by which a person grows a marijuana plant. E. "Dual operation" means a business that operates as both a licensed medical marijuana center and a licensed retail marijuana store in accordance with Section of this code. F. "Industrial hemp" means the plant of the genus cannabis and any part of such plant, whether growing or not, with a Delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent (.3%) on a dry weight basis. G. "Good cause" means: (1) the licensee has violated, does not meet, or has failed to comply with any of the terms, conditions or provisions of this Chapter or the Colorado Retail Marijuana Code and any rule and regulation promulgated pursuant to this Chapter or the Colorado Retail Marijuana Code; (2) the licensee has failed to comply with any special terms or conditions that were placed on its license at the time the license was issued, or that were placed on its license in prior disciplinary proceedings or that arose in the context of potential disciplinary proceedings; or (3) the licensee's retail marijuana store, retail marijuana products manufacturing operation, or retail marijuana cultivation facility has been operated in a manner that adversely affects the public health, welfare or safety of the immediate neighborhood in which the retail marijuana store, retail marijuana products manufacturing operation, or retail marijuana cultivation facility is located. Evidence to support such a finding can include: (i) a continuing pattern of offenses against the public peace, as defined in Chapter 4 of Title 9 of the Manitou Springs Municipal Code; (ii) a continuing pattern of drug-related criminal conduct within the premises or in the immediate area surrounding the premises arising out of the operation of the store; or (iii) a continuing pattern of criminal conduct directly related to or arising from the operation of the retail marijuana store. F. "License" means a document issued by the City officially authorizing an applicant to operate a retail marijuana store or retail marijuana testing facility pursuant to this Chapter. G. "Licensee" means the person to whom a license has been issued pursuant to this Chapter. H. "Licensed premises" means the premises specified in an application for a license under this Chapter, which is owned or in possession of the licensee and within which the licensee is authorized to distribute, sell or test retail marijuana or retail marijuana products in accordance with state and local law. 45

175 I. "Local licensing authority" means the City Council of the City of Manitou Springs. J. "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. Marijuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. K. "Marijuana accessories" means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. L. "Medical marijuana business" means a medical marijuana center, optional premises cultivation operation, or medical marijuana-infused products manufacturer as defined in the Colorado Medical Marijuana Code. M. "Person" means a natural person, partnership, association, company, corporation, limited liability company or organization. N. "Retail marijuana" means marijuana that is cultivated, manufactured, distributed or sold by a licensed retail marijuana establishment. O. "Retail marijuana cultivation facility" means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. P. "Retail marijuana establishment" means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana products manufacturing operation or a retail marijuana testing facility. Q. "Retail marijuana products" means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients that are intended for use or consumption, such as, but not limited to, edible products, ointments and tinctures. R. "Retail marijuana product manufacturing facility" means an entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. 46

176 S. "Retail marijuana store" means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers. T. "Retail marijuana testing facility" means an entity licensed by the City and State of Colorado to analyze and certify the safety and potency of marijuana. U. "School" means a public or private preschool or a public or private elementary, middle, junior high or high school. V. "State licensing authority" means the authority created by the Colorado Department of Revenue for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, sale and testing of retail marijuana in the State of Colorado pursuant to C.R.S In addition to the definitions provided in Subsection (a) hereof, other terms used in this Chapter shall have the meaning ascribed to them in Article XVIII, 16 of the Colorado Constitution, or the Colorado Retail Marijuana Code, and such definitions are hereby incorporated into this Chapter by reference License required for operation of retail marijuana stores and retail marijuana testing facilities. The City hereby authorizes the operation of retail marijuana stores and retail marijuana testing facilities in the City as set forth in this Chapter. It shall be unlawful for any person to establish or operate a retail marijuana store or retail marijuana testing facility in the City without first having obtained a license for such business from the local licensing authority. Such license shall be kept current at all times, and the failure to maintain a current license shall constitute a violation of this section Retail marijuana products manufacturer facilities, and retail marijuana cultivation facilities Prohibited. Retail marijuana products manufacturing facilities and retail marijuana cultivation facilities are prohibited in the City of Manitou Springs Requirements of application for license; payment of application fee; denial of license. A. A person seeking a license or renewal of a license issued pursuant to this Chapter shall submit an application to the local licensing authority on forms provided by the City Clerk. At the time of application, each applicant shall pay an operating fee to the City in an amount to be determined by the City by separate resolution to defray the costs incurred by the City for costs including, but not limited to, inspection, administration, and enforcement of retail marijuana stores 47

177 and retail marijuana testing facilities. The operating fee shall be refunded to applicants whose applications are not passed on for formal review because the numeric limitation has been met by previous applications. In addition, the applicant shall present one of the following forms of identification: 1. An operator's, chauffer's or similar type of driver's license issued by the State of Colorado; 2. An identification card, issued by any state for purpose of proving age using requirements similar to those in C.R.S and ; 3. A United States military identification card; 4. A valid passport; or 5. An enrollment card issued by the government authority of a federally recognized tribe located in the State of Colorado. B. The applicant shall also provide the following information on a form approved by, or acceptable to the City, which information shall be required for the applicant, all employees, including the proposed manager of the retail marijuana store or retail marijuana testing facility and all persons having a ten percent(1%) or more financial interest in the retail marijuana store or retail marijuana testing facility that is the subject of the application or, if the applicant is an entity, having a ten percent (1%) or more financial interest in the entity: 1. Name, address, date of birth; 2. An acknowledgment and consent that the City will conduct a background investigation, including a criminal history check, and that the City will be entitled to full and complete disclosure of all financial records of the retail marijuana store, including records of deposit, withdrawals, balances and loans; 3. Suitable evidence of proof of lawful presence, residence, if applicable, and good character and reputation that the City may request; 4. If the applicant is a business entity, information regarding the entity, including, without limitation, the name and address of the entity, its legal status, and proof of registration with, or a certificate of good standing from, the Colorado Secretary of State, as applicable; 5. The name and complete address of the proposed retail marijuana store, including the facilities to be used in furtherance of such business, whether or not such facilities are, or are planned to be, within the territorial limits of the City; 6. A copy of any deed, lease, contract or other document reflecting the right of the applicant to possess the proposed licensed premises along with the conditions of occupancy of the premises, and if by leasehold or similar means, the 48

178 lease shall specifically recognize and authorize the applicant's use of the premises for the licensed purposes; provided that if the lease does not specifically authorize the use of the premises for the licensed purposes, the applicant shall provide a notarized statement from the owner of such property authorizing the use of the property for the licensed purposes; 7. Evidence of a valid sales tax license for the business; 8. A "to scale" diagram of the premises, showing, without limitation, a site plan, building layout, all entry ways and exits to the marijuana store and, loading zones and all areas in which retail marijuana will be stored or dispensed; 9. Any additional information that the local licensing authority reasonably determines to be necessary in connection with the investigation and review of the application. 1. A comprehensive business operation plan for the retail marijuana establishment which shall contain, without limitation, the following: a. A security plan meeting the requirements of Section of this Chapter; b. A description by category of all products to be sold; c. A signage plan that is in compliance with all applicable requirements of Section and other applicable provisions of the Manitou Springs Municipal Code, as well as the Colorado Retail Marijuana Code and all rules and regulations promulgated thereunder; and d. A plan for the disposal of marijuana and related byproducts meeting the requirements of Section of this Chapter. C. A license issued pursuant to this Chapter does not eliminate the need for the licensee to obtain other required permits or licenses related to the operation of the retail marijuana store or retail marijuana testing facility, including, without limitation, a license from the state licensing authority and any development approvals or building permits required by this Chapter and any other applicable provisions of the Manitou Springs Municipal Code. D. Upon receipt of an application for a new license, the local licensing authority shall schedule a public hearing on the application to be held not less than thirty (3) days after the date of the completed application. The local licensing authority shall cause a notice of such hearing to be posted in a conspicuous place upon the proposed licensed premises and published in a newspaper of general circulation within the City not less than ten (1) days prior to the hearing. Such posted notice given by posting shall include a sign of suitable material in dimensions and with lettering as required by the Planning Department. Both the posted and the published notice shall state the type of license applied for, the date 49

179 of the hearing, the name and address of the applicant and such other information as may be required to fully apprise the public of the nature of the application. E. Not less than five (5) days prior to the date of the public hearing for a new license, the local licensing authority shall cause its preliminary findings based on its investigation to be known in writing to the applicant and other parties in interest. The local licensing authority shall deny any application that does not meet the requirements of this Chapter. The local licensing authority shall also deny any application that contains any false, misleading or incomplete information. The local licensing authority shall also deny or refuse to issue a license for good cause. Denial of an application for a license shall not be subject to further administrative review but only to review by a court of competent jurisdiction. At any time prior to commencement of the public hearing, licensee may withdraw its application, and the public hearing shall be cancelled. F. Before entering a decision approving or denying the application for a local license, the local licensing authority may consider, except where this Chapter specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the type of license for which application has been made, including the number, type and availability of retail marijuana stores located in or near the premises under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. The local licensing authority shall issue its decision within ninety (9) days of the receipt of the complete license application. Such decision shall be by resolution and shall state the reasons for the decision. The resolution shall be sent via certified mail to the state licensing authority and the applicant at the address shown in the application. G. The City shall, prior to issuance of the license, perform an inspection of the proposed licensed premises, including, without limitation, any associated dual operation facility, if applicable, to determine compliance with any applicable requirements of this Chapter or other applicable requirements of the Manitou Springs Municipal Code Retail marijuana stores. A. A licensed retail marijuana store may sell retail marijuana or retail marijuana products to persons twenty-one (21) years of age or older in the following manner: 1. Up to one ounce of retail marijuana or its equivalent in retail marijuana products during a single sales transaction to Colorado residents; or 2. Up to one-quarter ounce of retail marijuana or its equivalent in retail marijuana products during a single sales transaction to a non-colorado resident. 5

180 3. Only one sales transaction per customer per day is permitted regardless of the amount of marijuana sold. B. Prior to any sale of retail marijuana, the age of the consumer must be verified by one of the following forms of identification: 1. An operator's, chauffer's or similar type of driver's license issued by any state within the United States or a U.S. Territory; 2. An identification card, issued by any state for purpose of proving age using requirements similar to those in C.R.S and ; 3. A United States military identification card; 4. A valid passport; or 5. An enrollment card issued by the government authority of a federally recognized tribe located in the State of Colorado. The following forms of identification may be accepted for purposes of determining Colorado residency: a valid State of Colorado driver's license; a valid state of Colorado identification card; or any other valid government-issued picture identification that demonstrates that the holder of the identification is a Colorado resident. C. All consumer packaging exiting a retail marijuana store shall remain free of advertising, including any business name. The licensee shall distribute a flier outlining the City's retail marijuana consumption laws to each retail marijuana consumer upon the completion of any retail marijuana sale. The City shall prepare the retail marijuana consumption flier, and licensees shall be responsible for the cost of reproducing such fliers for public distribution. D. Retail marijuana store licensees are prohibited from dispensing marijuana to a person that is, or appears to be, under the influence of alcohol or under the influence of any controlled substance, including marijuana. E. All marijuana, marijuana products and marijuana concentrates sold at retail marijuana stores shall be tested for contaminants and potency, and shall be labeled with the results of those tests. The sale of marijuana that is not tested for contaminants and potency is prohibited. Testing for contaminants and potency must comply with the requirements of all rules and regulations promulgated by the State of Colorado, including the Permanent Rules Related to the Colorado Retail Marijuana Code, promulgated by the Colorado Department of Revenue, and specifically 1 CCR Series R-15, R-16, and R-17, as those regulations may be amended Dual operations. 51

181 A. A medical marijuana center that does not authorize patients under the age of twenty-one (21) years to be on the premises may hold a retail marijuana store license and operate a dual operation retail business at a shared licensed premises. B. Provided that a medical marijuana center licensee posts signage that clearly conveys that persons under the age of twenty-one (21) years may not enter, such licensee may share the same entrances and exits to the shared premises with the retail marijuana store and medical and retail marijuana may be separately displayed on the same floor. Recordkeeping for the business operations of both businesses must allow the City to clearly distinguish the inventories and business transactions of medical marijuana and medical marijuana-infused products from retail marijuana and retail marijuana products Location criteria. Prior to the issuance of a license for a retail marijuana store or retail marijuana testing facility, the local licensing authority shall determine whether the proposed location of the retail marijuana store or retail marijuana testing facility complies with the requirements of this section. Failure to comply with the requirements of this section shall preclude issuance of a license. A. Retail marijuana stores and retail marijuana testing facilities shall only be located in the Commercial Zone District. B. No more than two (2) retail marijuana stores may be licensed or located within the City at any given time. Only licensed medical marijuana centers in good standing existing in the City may apply for a retail store license before July 1, 214. If the maximum number of retail marijuana store licenses have been issued, the City shall not accept any further applications for such uses until an existing license is either revoked or expires. When the number of licensed retail marijuana stores is less than this limit for any reason, including the cessation of operation of a retail marijuana store either by license revocation or expiration, notice shall be posted on the City's website indicating that applications for the applicable retail marijuana use shall be accepted for a sixty-day period. At the end of the sixty-day period, the City shall review the applications by a random selection process. The first complete application randomly selected will be reviewed, and if it is denied, then the local licensing authority shall review the next complete application randomly selected. Only fully complete applications will be eligible for review. Once a license has been issued, all unselected or rejected applications shall be discarded. The City shall notify each applicant that is not selected for formal review by the local licensing authority, and shall refund the operating fee, but not the application fee. C. Conditional Use Approval. No license shall be issued unless a retail marijuana store is approved as a conditional use pursuant to the criteria and procedures for conditional uses set forth in Chapter 18.3 of this Code. When considering whether to grant conditional approval, the requirements of this Chapter shall be considered in addition to the criteria set forth in Chapter

182 D. No retail marijuana store shall be located at the following locations: 1. Within five hundred (5) feet of any educational institution or school, whether public or private (this distance limitation shall not apply to property owned by an educational institution or school unless an actual school building is located on the property); 2. Within five hundred (5) feet of a licensed child care facility; 3. Within five hundred (5) feet of any alcohol or drug rehabilitation facility; 4. Within any building or structure that contains a residential dwelling or lodging unit; or 5. Upon any City of Manitou Springs owned property. E. Although there is no minimum distance standard from the following locations, when reviewing an application, the proximity and compatibility with the following uses shall be considered: 1. The exterior boundary of any residential zone district; and 2. Any public community center, park, designated recreation trail, library, hotel or recreation center, or any publicly owned or maintained building open for use to the general public. F. The distances described in this section shall be computed by direct measurement, as a crow flies, from the nearest property line of the land used for the above purposes to the nearest property line of the property upon which the retail marijuana store is located. G. Each retail marijuana store or retail marijuana testing facility shall be operated from a permanent location. No retail marijuana store or retail marijuana testing facility shall be permitted to operate from a moveable, mobile or transitory location. H. The suitability of a location for a retail marijuana store or retail marijuana testing facility shall be determined at the time of the issuance of the first license for such business and shall be reviewed every five (5) years thereafter by applying the same criteria used for the initial application set forth in this section Persons prohibited as licensees and employees. A. No license shall be issued to, held by, or renewed by any of the following: 1. Any person until all applicable fees have been paid; 53

183 2. Any person who is not of good moral character satisfactory to the local licensing authority; 3. Any corporation, any of whose officers, directors or stockholders are not of good moral character satisfactory to the local licensing authority; 4. Any partnership, association or company, any of whose officers are not of good moral character satisfactory to the local licensing authority; 5. Any person employing, assisted by, or financed, in whole or in part, by any other person who is not of good character and reputation satisfactory to the local licensing authority; 6. Any sheriff, deputy sheriff, police officer, prosecuting officer, and state or local licensing authority or any of its members, inspectors or employees; 7. Any natural person under twenty-one (21) years of age; 8. Any person for a licensed location that is also a retail food establishment or wholesale food registrant; 9. Any person who has not been a resident of Colorado for at least two (2) years prior to the date of the application; 1. Any person who has discharged a sentence for a felony conviction within the past five (5) years; 11. Any person who, at any time, has been convicted of a felony for drug possession, distribution or use, unless such felony drug charge was based on possession or use of marijuana or marijuana concentrate that would not be a felony if the person were convicted of the offense on the date he or she applied for the license; 12. Any entity whose directors, shareholders, partners or other persons having a financial interest in said entity do not meet the criteria set forth above; 13. Any person who has made a false, misleading or fraudulent statement on his or her application. B. All persons employed or contracted by a licensee, shall possess a valid occupational license as required by all rules and regulations promulgated by the State of Colorado, including the Permanent Rules Related to the Colorado Retail Marijuana Code, promulgated by the Colorado Department of Revenue, and specifically 1 CCR Series R-233, as those regulations may be amended. C. Jurisdiction. 54

184 1. In investigating the qualifications described herein, the local licensing authority may have access to criminal history record information furnished by a criminal justice agency subject to any restrictions imposed by such agency. In the event the local licensing authority takes into consideration information concerning the applicant's criminal history record, the local licensing authority shall also consider any information provided by the applicant regarding such criminal history record, including, but not limited to, evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of the application for a license. 2. As used in subsection (C)(1) of this section, "criminal justice agency" means any federal, state, or municipal court or any governmental agency or sub-unit of such agency that performs the administration of criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice. 3. By filing an application with the City, applicants consent to the City accessing all information possessed by the Colorado Marijuana Enforcement Division relating to their application for a license to operate a retail marijuana store or testing facility, and consent to the release of such information to the City Issuance of license; duration; renewal. A. Upon issuance of a license, the City shall provide the licensee with one (1) original of such license for each retail marijuana store or retail marijuana testing facility to be operated by the licensee in the City. Each such copy shall show the name and address of the licensee, and the address of the facility at which it is to be displayed. B. Each license issued pursuant to this Chapter shall be valid for one (1) year from the date of issuance and may be renewed only as provided in this Chapter. All renewals of a license shall be for no more than one (1) year. An application for the renewal of an existing license shall be made to the local licensing authority not more than sixty (6) days and not less than thirty (3) days prior to the date of expiration of the license. A licensee may submit to the local licensing authority a late renewal application on the prescribed forms and pay a non-refundable late application fee in an amount set by the City Council via resolution for a renewal application made less than thirty days prior to the date of the expiration of the license. All other provisions concerning renewal applications apply to a late renewal application. The timely filing of a completed renewal application or a late renewal application shall extend the current license until a decision is made on the renewal. C. A licensee whose license expires shall not distribute or sell retail marijuana or retail marijuana products until all necessary new licenses have been obtained. 55

185 Authority to impose conditions on license. The local licensing authority shall have the authority to impose such reasonable terms and conditions on a license as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this Chapter and applicable law Annual Operations fee. Upon issuance of a license or any renewal of a license, the licensee shall pay to the City a fee in an amount determined by the City, by separate resolution, to be sufficient to cover the annual cost of regulating retail marijuana stores and testing facilities, including, without limitation, inspections, administration, and enforcement conducted pursuant to Section of this Chapter by the Manitou Springs Police Department, and such other departments of the City as may be designated by the local licensing authority, for the purpose of determining compliance with the provisions of this Chapter and any other applicable state or local laws or regulations Display of license. A. Each license shall be limited to use at the premises specified in the application for such license. B. Each license shall be continuously posted in a conspicuous location at the retail marijuana store or testing facility Transfer of ownership; change of location. A. Transfer of Ownership. For a transfer of ownership, a license holder shall apply to the local licensing authority on forms provided by the state licensing authority. In considering whether to permit a transfer of ownership, the local licensing authority shall consider only the requirements of this Chapter, the Colorado Retail Marijuana Code, and the regulations promulgated in conformance therewith. The local licensing authority may hold a hearing on the application for a transfer of ownership, but such hearing shall not be held until a notice of such hearing has been posted on the premises of the licensed retail marijuana store or retail marijuana testing facility for a period of at least ten (1) days prior to such hearing, and the applicant has been provided at least ten (1) days prior notice of such hearing. B. Change of Location. Licensees from other jurisdictions may not transfer their licenses to the City of Manitou Springs. Licensees with a permanent retail store or testing facility in the City may transfer their license to another location within the City so long as the applicant and the new location conform to the requirements of this Chapter, including the requirement that the location be reviewed as a conditional use, pursuant to Section (C). 56

186 Hours of operation. A retail marijuana store may open no earlier than 8: a.m. and shall close no later than 97: p.m. the same day. A retail marijuana business may be open seven (7) days a week. There shall be no hourly restrictions on retail marijuana testing facilities Signage and advertising. All signage and advertising for a retail marijuana store shall comply with all applicable state laws, as well as, the provisions of this Chapter and other applicable provisions of the Manitou Springs Municipal Code, including Chapter of the Manitou Springs Municipal Code. Advertisements, signs, displays or other promotional material depicting retail marijuana uses or symbols shall not be shown or exhibited off the premises; or in any manner which is visible to the public from roadways, pedestrian sidewalks or walkways, or from other public areas. No signage associated with a retail marijuana store shall use the word "marijuana," "cannabis," or any other word or phrase commonly understood to refer to marijuana, unless such word or phrase is immediately preceded by the word "retail"; provided that no signage shall contain words such as "reefer," "ganja," "weed" or other similar slang references to marijuana or cannabis Security requirements. A. Security measures at retail marijuana stores shall include at a minimum the following: 1. Security surveillance cameras installed to monitor all entrances, along with the interior and exterior of the premises, to discourage and facilitate the reporting of criminal acts and nuisance activities occurring at the premises; 2. Robbery and burglary alarm systems which are professionally monitored and maintained in good working condition; 3. A locking safe permanently affixed to the premises that is suitable for storage of all marijuana and cash stored overnight on the licensed premises; 4. Exterior lighting that illuminates the exterior walls of the licensed premises and complies with applicable provisions of this Chapter and other applicable provisions of the Manitou Springs Municipal Code; and 5. Deadbolt locks on all exterior doors. B. All security recordings shall be preserved for at least forty (4) days by the licensee and shall be in a format that can be easily accessed for viewing by Manitou Springs Police Department upon request for inspection Required notices. 57

187 A. There shall be posted in a conspicuous location inside each retail marijuana store, at least one legible sign containing the following warnings: 1. That on-site consumption of marijuana is illegal; 2. That the open and public consumption of marijuana in the City of Manitou Springs is illegal, and that individuals consuming marijuana within the City in parks, on sidewalks and streets, or at other public locations will risk criminal prosecution; 3. That the use of marijuana or marijuana products may impair a person's ability to drive a motor vehicle or operate machinery, and that it is illegal under state law to drive a motor vehicle or to operate machinery when under the influence of or impaired by marijuana; law; 4. That loitering in or around a retail marijuana store is prohibited by 5. That possession and distribution of marijuana is a violation of federal law; and 6. That no one under the age of twenty-one (21) years is permitted on the premises. B. There shall be, posted in a conspicuous location at the exterior of each retail marijuana store near the entrance, one (1) legible sign warning that the facility is monitored by video cameras On-site consumption of marijuana. The use, consumption, ingestion or inhalation of retail marijuana or retail marijuana products on or within the premises of a retail marijuana store or retail marijuana testing facility is prohibited Visibility of activities; paraphernalia; control of emissions. A. All activities of retail marijuana stores or retail marijuana testing facilities shall be conducted indoors. B. Devices, contrivances, instruments and paraphernalia for inhaling or otherwise consuming marijuana, including, but not limited to, rolling papers and related tools, water pipes, and vaporizers may lawfully be sold at a retail marijuana store. No retail marijuana or paraphernalia shall be displayed or kept in a retail marijuana store so as to be visible from outside the licensed premises. C. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting a retail marijuana store or retail marijuana testing facility must be provided at all times. In the event that any odors, debris, 58

188 dust, fluids or other substances exit a retail marijuana store or retail marijuana testing facility, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. D. Retail marijuana testing facilities are prohibited from selling retail products Disposal of marijuana byproducts. The disposal of marijuana, marijuana products, byproducts and paraphernalia shall be done in accordance with plans and procedures approved in advance by the local licensing authority Business license required. At all times while a permit is in effect the licensee shall possess a valid business license as required by this Code Sales tax. Each licensee shall collect and remit City sales tax on all retail marijuana, retail marijuana products, paraphernalia and other tangible personal property sold by the licensee Inspection of licensed premises. During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by the local licensing authority, the Manitou Springs Police Department, by law enforcement officers, or such other departments or individuals duly authorized by the City for the purpose of investigating and determining compliance with the provisions of this Chapter and any other applicable state and local laws or regulations. Said inspection may include, but need not be limited to, the inspection of books, records and inventory. Where any part of the licensed premises consists of a locked area, such area shall be made available for inspection, without delay, upon request Nonrenewal, suspension or revocation of license. A. The local licensing authority may, after notice and hearing, suspend, revoke or refuse to renew a license for good cause, including suspension or revocation of the licensee's license. The local licensing authority is authorized to adopt rules and procedures governing the conduct of such hearings. 59

189 B. The local licensing authority may, in its discretion, revoke or elect not to renew any license if it determines that the licensed premises has been inactive, without good cause, for at least three months Violations and penalties. In addition to the possible denial, suspension, revocation or nonrenewal of a license under the provisions of this Chapter, any person, including, but not limited to, any licensee, manager or employee of a retail marijuana store or retail marijuana testing facility, or any customer of such business, who violates any of the provisions of this Chapter, shall be subject to the following penalties: 1. Any person convicted of having violated any provision of this Chapter shall be punished as set forth in Chapter 1.16 of the Manitou Springs Municipal Code. 2. The operation of a retail marijuana establishment without a valid license issued pursuant to this Chapter may be enjoined by the City in an action brought in a court of competent jurisdiction, including the Manitou Springs Municipal Court. 3. The operation of a retail marijuana establishment without a valid license issued pursuant to this Chapter is also specifically determined to be a public nuisance pursuant to Chapter 6.8 of the Manitou Springs Municipal Code No City liability; indemnification. A. By accepting a license issued pursuant to this Chapter, the licensee waives and releases the City, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of retail marijuana store or retail marijuana testing facility owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations. B. By accepting a license issued pursuant to this Chapter, all licensees, jointly and severally, if more than one, agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, attorneys, agents, insurers and selfinsurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the retail marijuana store or retail marijuana testing facility that is the subject of the license No waiver of governmental immunity. 6

190 In adopting this Chapter, the City Council is relying on, and does not waive or intend to waive, by any provision of this Chapter, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S et seq., as from time to time amended, or any other limitation, right, immunity, or protection otherwise available to the City, its officers or its employees Other laws remain applicable. A. To the extent the State has adopted or adopts in the future any additional or stricter law or regulation governing the sale, distribution or testing of retail marijuana or retail marijuana products, the additional or stricter regulation shall control the establishment or operation of any retail marijuana store or retail marijuana testing facility in the City. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this Chapter, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued hereunder. B. Any licensee may be required to demonstrate, upon demand by the local licensing authority, the Manitou Springs Police Department, by law enforcement officers, or such other departments or individuals duly authorized by the City, that the source and quantity of any marijuana found upon the licensed premises are in full compliance with any applicable state law or regulation. C. If the State prohibits the sale or other distribution of marijuana through retail marijuana stores or the testing of marijuana through retail marijuana testing facilities, any license issued hereunder shall be deemed immediately revoked by operation of law, with no ground for appeal or other redress on behalf of the licensee. D. The issuance of any license pursuant to this Chapter shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the cultivation, possession, sale, distribution or use of marijuana Rules and regulations. The City Administrator shall have the authority from time to time to adopt, amend, alter and repeal administrative rules and regulations, and file the same with the City Clerk, as may be necessary for the proper administration of this Chapter Judicial review. 61

191 In accordance with Article 18, 16 of the Colorado Constitution, decisions by the local licensing authority are subject to judicial review. CHAPTER NON-CIGARETTE TOBACCO PRODUCT LICENSING ORDINANCE Short title. This Chapter shall be known and may be cited as the "Non-cigarette Tobacco Product Licensing Ordinance." Purpose. Recognizing the harmful effects of tobacco products on persons under the age of eighteen (18) and that the sale of tobacco products to persons under the age of eighteen (18) is illegal pursuant to Section 121 of Chapter 13 of Title 18, C.R.S., it is the purpose of this Chapter to: A. Require that sellers of non-cigarette tobacco products operate in a manner that does not condone the selling of non-cigarette tobacco products to persons under the age of eighteen (18) years of age; B. Regulate sellers of non-cigarette tobacco products to reduce the likelihood of selling such products to persons under the age of eighteen (18) years of age; and C. Establish a licensing system within the City of Manitou Springs for the sale of noncigarette tobacco products which encourages sellers of non-cigarette tobacco products to follow the law as it relates to the prohibition of selling non-cigarette tobacco products to persons under the age of eighteen (18) years Definitions. A. As used in this Chapter, the following words shall have the following meanings, unless the context clearly requires otherwise: 1. "Cigarette" means any product that contains tobacco or nicotine, that is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (1) any roll of tobacco or tobacco wrapped in paper or in any substance not containing tobacco; or (2) tobacco in any form that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or purchased by consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette. The term includes all "roll-your-own", i.e., any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by consumers as tobacco for making cigarettes. 62

192 2. "Department" means the City of Manitou Springs Police Department, and any agency or person designated by the City Administrator to enforce or administer the provisions of this Chapter. 3. "License" refers to the non-cigarette tobacco product retailer license. 4. "Licensee" means the owner or holder of a non-cigarette tobacco product retailer license. 5. "Non-cigarette tobacco product" includes: 1) any product, other than a cigarette, that contains tobacco or nicotine or is made or derived from tobacco that is intended or expected to be ingested, smoked, inhaled, placed in oral or nasal cavities, or applied to the skin of an individual; or (2) any electronic device that can be used to deliver nicotine or tobacco to the person using the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe. The term "non-cigarette tobacco product" does not include any product specifically approved by the United States Food and Drug Administration for use in reducing, treating or eliminating nicotine or tobacco dependence, or for other medical purposes, when such product(s) is being marketed and sold solely for such an approved purpose. 6. "Non-cigarette tobacco product retail location" means any area of the premises where non-cigarette tobacco products are sold or distributed to a consumer including, but not limited to, the grounds occupied by a retailer and any store, stand, outlet, vehicle, cart, location, vending machine or structure where noncigarette tobacco products are sold. 7. "Non-cigarette tobacco product retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, a non-cigarette tobacco product. 8. "Non-cigarette tobacco product retailing" means the selling, offering for sale, or exchanging for any form of consideration a non-cigarette tobacco product. 9. "Self-service display" means the open display or storage of noncigarette tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and without a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. 1. "Vending machine" shall mean any mechanical, electrical, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses product Requirements and prohibitions. 63

193 A. Non-cigarette tobacco product retailer license required. 1. It shall be unlawful for any person to act as a non-cigarette tobacco product retailer in the City of Manitou Springs without first obtaining and maintaining a valid non-cigarette tobacco product retailer license pursuant to this Chapter for each location where non-cigarette tobacco product retailing occurs. 2. No license may be issued to authorize non-cigarette tobacco product retailing anywhere other than at a fixed location. Non-cigarette tobacco product retailing by persons on foot or from vehicles is prohibited. 3. Non-cigarette tobacco product retailing without a valid noncigarette tobacco product retailer license is a nuisance as a matter of law. B. Lawful Business Operation. In the course of non-cigarette tobacco product retailing or in the operation of the business or maintenance of the location for which a license is issued, it shall be a violation of this Chapter for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to the sale of non-cigarette tobacco products. C. Display of License. Each non-cigarette tobacco product retailer license shall be prominently displayed in a publicly visible location at the licensed noncigarette tobacco product retail location. D. Other Prohibitions. 1. A non-cigarette tobacco product retail location may only have one (1) active license at one time. 2. In the event a license is revoked for a particular non-cigarette tobacco product retail location, no new license shall issue for such location for a period of one (1) year following the revocation. 3. No license shall be issued to any person under eighteen (18) years of age Conditions of the non-cigarette tobacco product retailer license. The following conditions shall apply to the licensee: 1. Self-service displays prohibited. Non-cigarette tobacco product retailing by means of a self-service display is prohibited. 2. Requirements of positive identification. No person engaged in noncigarette tobacco product retailing shall sell or transfer a non-cigarette tobacco product to another person who appears to be under the age of thirty (3) years without first examining the identification of the recipient to confirm that the 64

194 recipient is at least the minimum age under state law to purchase and possess the non-cigarette tobacco product Application procedure. A. An application for a license shall be submitted and signed in the name of each proprietor or an authorized agent thereof. It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of said license. No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all applicable tobacco retailing laws. B. All applications shall be submitted on a form supplied by the City. C. A licensed non-cigarette tobacco product retailer shall inform the City in writing of any change in the information submitted on an application for a license within thirty (3) business days of a change Issuance of a non-cigarette tobacco product license. Upon the receipt of a completed application for a non-cigarette tobacco product retailer license as required by this Chapter, the City Administrator shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists: 1. The information presented in the application is incomplete, inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this Chapter; 2. The applicant seeks authorization for a license and the applicant's current license is suspended or revoked; or 3. The applicant is under eighteen (18) years of age License term; renewal; expiration. A. Term of License. The term of a non-cigarette tobacco product retail license is one (1) year. A license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. B. Renewal of License. Each licensee shall apply for the renewal of the license and submit the license fee no later than thirty (3) days prior to expiration of the one-year term. C. Expiration of License. A license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to subparagraph (A), the proprietor must submit a new application form and license fee and shall 65

195 not sell any non-cigarette tobacco products after the license expiration date and before the new license is issued Non-transferable. A. A license may not be transferred from one person to another or from one location to another. A new license is required whenever a non-cigarette tobacco product retailing location has a change in proprietor(s). B. When a license has been issued to a husband and wife, or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new license for the remainder of the term of that license. All rights and privileges granted under the original license shall continue in full force and effect as to such survivors for the balance of term of the license Fee for license. The fee to issue or to renew a license shall be established from time to time by resolution of the City Council. The fee shall be calculated so as to recover the cost of administration and enforcement of this Chapter. Fees are nonrefundable except as may be required by law Compliance monitoring. A. Compliance with this Chapter shall be monitored by the Department. Any peace officer may enforce this Chapter. B. The Department shall not enforce any law establishing a minimum age for tobacco product purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when: 1. The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the Department; 2. The youth decoy is acting as an agent of a person designated by the City to monitor compliance with this Chapter; or 3. The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the El Paso County Department of Health and Environment or the Colorado Department of Health and Environment. C. A licensee shall comply with the Department when compliance checks are being conducted. A licensee's failure to comply with the reasonable lawful requests and demands of the Department during the course of a compliance check shall be considered to be a violation of the license, and the licensee shall be penalized according to Section (A). 66

196 Penalties and fines. A. Licensees: penalties and fines. In addition to any other penalty authorized by law, a licensee shall be penalized according to this paragraph if the municipal court determines, based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter, or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law relating to the sale of tobacco to minors including but not limited to C.R.S and Each such violation shall be subject to the following penalties: 1. One (1) violation within one (1) year: a fine not to exceed one hundred dollars ($1.). 2. Two (2) violations within one (1) year: a fine not to exceed two hundred dollars ($2.) and a mandatory suspension of license for up to seven (7) days. 3. Three (3) violations within one (1) year: a fine not to exceed three hundred dollars ($3.) and a minimum ten-day and maximum thirty-day suspension of license. 4. Four (4) violations within one (1) year: a fine not to exceed four hundred ninety-nine dollars ($499.) and revocation of license. A licensee whose license has been revoked shall not be issued a new license until a period of one (1) year has passed from the date the revocation occurred. The revocation of a licensee's license at one location shall not affect the status of other licenses the licensee holds at separate locations. 5. Licensees are prohibited from selling non-cigarette tobacco products when the license has been suspended or revoked at the location subject to the suspension or revocation. B. Sales of non-cigarette tobacco products with a suspended license, revoked license, or without a license: penalties and fines. Any non-cigarette tobacco product retailer found to have sold a non-cigarette tobacco product without a license as mandated under this Chapter, or with a suspended or revoked license, shall be fined up to four hundred ninety-nine dollars ($499.) for each separate noncigarette tobacco product sold during the period of non-compliance with this Chapter. C. Any other violation of the provisions of this Chapter shall subject the offender to a fine of up to one hundred dollars ($1.) Enforcement. 67

197 A. The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity. B. Violations of this Chapter are subject to a civil action in municipal court punishable by a civil fine, license suspension or revocation, or both pursuant to Section C. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall cause the offender to be subject to a fine not to exceed one hundred dollars ($1.). D. Violations of this Chapter are hereby declared to be public nuisances Compliance with C.R.S This Chapter does not, nor shall not, be construed in any way as imposing a fee, license or tax as a condition for engaging in the business of selling cigarettes or imposing a tax on cigarettes. The non-cigarette tobacco product retailer license does not apply to the sale of cigarettes. If any part of this Chapter is found to impose a fee, license, or tax as a condition for engaging in the business of selling cigarettes, then that part shall be deemed void. Chapter RESTRICTIONS ON YOUTH ACCESS TO TOBACCO PRODUCTS Short title. This Chapter shall be known and may be cited as the "Youth Access to Tobacco Products Ordinance." Purpose. Recognizing the harmful effects of tobacco products on persons under the age of eighteen (18) and that the sale of tobacco products to persons under the age of eighteen (18) is illegal pursuant to Section 121 of Chapter 13 of Title 18, C.R.S., it is the purpose of this Chapter to: 1. Require sellers of tobacco products to operate in a manner that does not condone the selling of tobacco products to persons forbidden by law from purchasing such products; 2. Regulate sellers of tobacco products to reduce the likelihood of selling such products to persons under the legal age for purchasing tobacco; and 3. Regulate sellers of tobacco products to reduce the likelihood that such sellers' employees under the legal age to purchase tobacco products are restricted from accessing all tobacco products. 68

198 Definitions. A. As used in this Chapter, the following words shall have the following meanings: 1. "Retail tobacco business" means a sole proprietorship, corporation, limited liability company, partnership, or other enterprise engaged primarily in the sale, manufacture, or promotion of tobacco, tobacco products, or smoking devices or accessories, either at wholesale or retail, and in which the sale, manufacture, or promotion of other products is less than five percent (5%) gross sales receipts. For purposes of enforcement of this Chapter, retail tobacco business includes, but is not limited to, a sole proprietorship, corporation, limited liability company or other enterprise engaged primarily in the sale or manufacture of hookah or shisha products and related smoking products, including, but not limited to, any plant or other organic matter packaged for smoking or held out as a smoking product, or any sole proprietorship, corporation, limited liability company, partnership, or other enterprise engaged in the promotion of hookah or shisha smoking, sometimes referred to as a hookah bar, café, or lounge. 2. "Tobacco product" includes (1) any product that contains tobacco or nicotine, or is made or derived from tobacco that is intended or expected to be ingested, smoked, inhaled, placed in oral or nasal cavities, or applied to the skin, or (2) any electronic device that can be used to deliver nicotine or tobacco to the person using the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe. The term "tobacco product" does not include any product specifically approved by the United States Food and Drug Administration for use in reducing, treating or eliminating nicotine or tobacco dependence, or for other medical purposes, when such product(s) is being marketed and sold solely for such an approved purpose. 3. "Self-service display" means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct personto-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. 4. "Vending machine" shall mean any mechanical, electrical, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses product Minimum age for persons selling and handling tobacco products. No person in the course of employment who is younger than the minimum age established by the laws of Colorado for the purchase of tobacco products shall sell, stock, retrieve, or otherwise handle tobacco products Positive identification required. 69

199 No person shall sell or transfer a tobacco product to another person who appears to be under the age of thirty (3) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under the laws of Colorado to purchase and possess tobacco products No minors permitted in a retail tobacco business. No person who is younger than the minimum age established by the laws of Colorado for the purchase of tobacco products shall be admitted to or be on the premises of a Retail Tobacco Business unless accompanied by his or her parent or guardian Prohibition of self-service displays. Retailers shall stock and display all tobacco products in a manner so as to make all such products inaccessible to customers without the assistance of a retail clerk, thereby requiring a direct face-to-face exchange of the tobacco product from an employee of the business to the customer Penalty for violations. A. Any retail establishment or adult found to be in violation of any provision of this Chapter shall be subject to a fine of up to three hundred dollars ($3.). B. Any minor found to be in violation of any provision of this Chapter shall be subject to a fine of up to one hundred dollars ($1.). Within the discretion of the court, this fine may be made payable at a rate of five dollars ($5.) an hour for services provided to the City of Manitou Springs by the offending minor. Section 2: Title 6 of the Manitou Springs Municipal Code shall be amended by the addition of a new subsection 6.27 as follows: Chapter RESIDENTIAL WASTE/RECYCLABLES COLLECTION PROGRAM Purpose and authority. The purpose of the residential waste/recyclables collection program is to promote public health, safety and welfare by reducing the number of collection vehicles on public roadways, providing reliable weekly pickup of waste/recyclables and increasing recycling levels by creating a convenient, standardized curbside recycling program. The residential waste/recyclables collection program is part of the City's overall efforts to lower its carbon footprint and will ultimately extend the life of the area's landfills and promote efficient use of our natural resources. 7

200 In enacting this program, the City is acting under C.R.S (7.5), which authorizes the City to require the use of a single residential waste services provider and to impose a user fee for the provision of such services. The scope of this Chapter is limited solely to residential waste services. Nothing within this Chapter shall be construed to apply to providers of nonresidential waste services, delivery vehicles, or other uses of City streets and rights-of-way Definitions. For the purposes of this Chapter, the following terms shall have the following meanings: A. "City" means the City of Manitou Springs, Colorado. B. "Collection bin" means a container utilized by the City's contractor in the performance of the terms and conditions of their contract with the City for the collection of waste/recyclables. C. "Contractor" means the person or corporation holding a contract with the City to perform waste/recyclables collection services within the City. D. "Participant" means all residents of dwellings of seven units or less of the City that elect to participate in the program. E. "Recyclables" means aluminum/tin cans, plastics 1-7, cardboard, glass and paper including: newspaper, magazines, and junk mail and other materials mutually agreed to by the contractor and the City. F. "Residential waste services" shall mean the collection and transportation of ashes, trash, waste, rubbish, garbage or industrial waste products, or any other discarded materials from sources other than industrial or commercial establishments or multifamily residences of eight (8) or more units. G. "Waste" means ashes, trash, rubbish, garbage or industrial waste products, or any other discarded materials from sources other than industrial or commercial establishments or multifamily residences of eight (8) or more units Participation in program. A. All areas of the City are subject to a single residential waste services provider requirement pursuant to C.R.S (7.5), and the provision of residential waste services by any person other than the City's approved residential waste services provider is prohibited. B. Waste/recyclables may be placed curbside in the collection bins for collection by the contractor on their scheduled pickup date. It is unlawful to place or leave in the public right-of-way any waste/recyclables, or collection bins for a period greater than twenty-four hours proceeding the scheduled day of collection. 71

201 Collection bins shall be removed within twelve hours following collection of the recyclable materials. C. It is unlawful for any person to intentionally place, in any collection bin, anything other than the appropriate collection materials, and to place that collection bin at curbside for collection Mandatory program costs. A. All participants shall pay the fees for residential waste/recyclables collection as set forth in the agreement between the City and the contractor, unless exempted pursuant to Section These fees include contractor collection charges as well as a City fee. The City fee shall be for City expenses relating to the residential waste services, including, without limitation, administering the agreement with the contractor, enforcing the provisions of this Chapter, and maintaining the public rights-of-way used for the provision of residential waste services. B. All accounts shall be kept in the name of the owner of the property or his legally authorized agent, who shall be held responsible for collection payments. In cases where an owner may rent his property, any agreement made between such property owners and a tenant shall not be binding upon the City and shall not relieve the property owner of this responsibility. All statements for waste/recyclables collection shall be mailed to the address of the property receiving service with the name of the owner and/or tenant unless the property owner has, in writing, notified the contractor that statements should be mailed to the name and address of a duly authorized agent Exemption from waste/recyclables collection program. Residents may elect not to receive residential waste/recyclables collection service and thus shall be exempted from the program. Non-participants shall be exempt from contractor collection charges and the City fee. Non-participants may not contract residential waste collection services with another provider Penalty provisions. It is unlawful for any person to fail to comply with the terms of this Chapter. Any person convicted of violating any provisions of this Chapter shall be punished pursuant to Section of this Code. All amounts not paid within thirty days of notice by the Contractor will result in discontinuation of residential waste/recyclables collection services. Section 3: The following definition in Section of the Manitou Springs Municipal Code shall be amended as follows: 72

202 "Dual operation" means a business that operates as both a licensed medical marijuana center and a licensed retail marijuana store in accordance with Section of City Code. Section 4: If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5: This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Passed on first reading and ordered published this 2 nd day of May, 217. City Clerk, Donna J. Kast A Public Hearing on this ordinance will be held at the May 16, 217, City Council meeting. The Council Meeting will be held at 6: P.M. at City Hall, 66 Manitou Avenue, Manitou Springs, Colorado. Ordinance Published: May 4, 217 (in full) City's Official Website and City Hall Passed on second reading and adopted by City Council this 16 th day of May, 217. Attest: City Clerk, Donna Kast Mayor, Nicole Nicoletta Ordinance Published: May 18, 217 (in full) City's Official Website and City Hall 73

203 MEMO DATE: May 12, 217 TO: FROM: City Council Richard Parsons, Deputy City Clerk SUBJECT: City Administrator Report There was no handout for this item at the time the packet was assembled. Department reports are now located on the city website. To view the May department reports click here, or enter the following URL into your browser: Thank you.