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, 606 Manitou Avenue COUNCIL Term Expires Mayor Marc A. Snyder Jan. 5, 2016 At-Large Gary L. Smith Jan. 5, 2016 At-Large Donna Ford Jan. 5, 2016 At-Large Randy R. Hodges Jan. 5, 2016 Ward 1 Kevin Sarge Mac Donald II Jan. 2, 2018 Ward 2 Coreen Toll (Mayor Pro Tem) Jan. 2, 2018 Ward 3 Nicole Nicoletta Jan. 2, 2018 AUGUST 5, :00 P.M. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. OATH OF OFFICE FOR OFFICER JOHN JARDIN F. 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. G. FLOOD MITIGATION REPORT H. CONSENT CALENDAR 1. Warrants 2. Approval of the Minutes of the July 1, 2014 Regular City Council Meeting 3. Approval of the Minutes of the July 15, 2014 Regular City Council Meeting 4. Resolution No. 3214, a Resolution Approving an Application for a Dual Use Retail Marijuana Store and Medical Marijuana Center at 27 Manitou Avenue Absolute Manitou Wellness Center, LLC, Applicant 5. Resolution No. 3314, a Resolution Approving an Application for a Dual Use Retail Marijuana Store and Medical Marijuana Center at 141 Manitou Avenue Maggie s Farm, LLC, Applicant I. NEW BUSINESS 1. Approval of the Appointment of Gail Cage as a Regular Member of the Park and Recreation Advisory Board J. HEARINGS 1. VAC 1401 Vacation of Right-of-Way 324 Beckers Lane Becker-Johnson, Inc., Applicant

2 K. OTHER NEW BUSINESS 1. Ordinance No. 1214, an Ordinance Vacating a Portion of Beckers Lane Right-of-Way Adjacent to Property Known as 324 Beckers Lane as Platted in the Garden of the Gods Trading Post Subdivision No. 2, Part of the City of Manitou Springs, El Paso County, Colorado 1 st reading 2. Ordinance No. 1314, an Ordinance Amending the Manitou Springs Municipal Code by the Addition of a New Section Prohibiting the Use of Compressed Flammable Gas in THC Extraction Within the City 1 st reading 3. Resolution No. 2714, a Resolution Approving the Use of Funds From the Round Up Fund for Purchase of Ten Chairs for Memorial Hall 4. Resolution No. 2814, a Resolution Regarding the FPPA Employer Election Regarding Member Contributions to the Statewide Defined Benefit Plan for City Fire Personnel 5. Resolution No. 2914, a Resolution Regarding the FPPA Employer Election Regarding Member Contributions to the Statewide Defined Benefit Plan for City Police Personnel 6. Resolution No. 3014, a Resolution Calling a Special Election for November 4, 2014 Authorizing the Same to be Coordinated with El Paso County, and Submitting a Ballot Question to the Registered Electors of the City at the November 4, 2014 Special Election 7. Resolution No. 3114, a Resolution Approving the First Amendment to the Intergovernmental Agreement for Administrative Services and Parking Maintenance Between the City of Manitou Springs and the Manitou Springs Metropolitan District L. MAYOR S REPORT M. RECEIVE OR ACT ON COUNCIL CORRESPONDENCE N. CITY COUNCIL LIAISON REPORTS O. SIREN PROJECT PLAN UPDATE P. CITY ADMINISTRATOR REPORT Q. FUTURE AGENDAS August 12, 2014 Worksession August 19, 2014 Regular Meeting September 2, 2014 Regular Meeting September 9, 2014 Worksession September 16, 2014 Regular Meeting ADJOURN Additional Packet Items: Police Dept Report Public Works Report

3 OATH OF OFFICE I,, do solemnly swear that I will support, the Constitution of the United States, the Constitution of the State of Colorado, and the Charter, Ordinances, Laws, and Regulations of the City of Manitou Springs, and that I will faithfully perform the duties of the position of Police Officer to the best of my knowledge, skill, and ability. Signature STATE OF COLORADO ) ) SS COUNTY OF EL PASO ) The foregoing Oath of Office was subscribed and sworn to before me this day of, 2014 by. Witness my signature and Seal of the City of Manitou Springs. Donna Kast, City Clerk

4 City of Manitou Springs Check Register - With Invoice Description Check Issue Oates: 7/18/2014-7/18/2014 Page: Jul 18, :05PM Report Criteria: Report type: Invoice detail Check.Type={<>} "Adjustment" Check Check Vendor Issue Date Number Number Payee Invoice Number Description Invoice GLAccount Invoice Check Void/Manual Amount Amount /18/ AA ACCURATE & AFFORDABLE STRIP REMOVAURE-STRIPING (PWKS) , , Total : 1, /18/ ABC PLUMBING & ELECTRICAL C POLY WATER LINE FOR.THE FIELDS Total : /18/ AFLAC ADJ PREMIUM CORRECTION Total : /18/ ALAM!, MOHAMMID AUGUST 2014 PARKING LOT RENTAL - AUGUST , , Total : 2, /18/ ALERT FIRST AID SERVICE INC RUBBER WATER BOOTS (2 PR) S.DR Total : /18/ BARNHART PUMP COMPANY, INC Bl-ANNUAL SPRING MAINTENANCE Total : /18/ BCN TELECOM 07/18/ BCN TELECOM 07/18/ BCN TELECOM APRIL PHONE SVCS MAY 2014 LONG DISTANCE SVC JUNE LONG DISTANCE PH SVC M = Manual Check, V = Void Check

5 City of Manitou Springs Check Register - With Invoice Description Page: 2 Check Issue Dates: 7/18/2014-7/ Jul 18, :05PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GLAccount Amount Amount -- Total : BESTWAY DISPOSAL JULY 2014 METRO - P/UP SVC - JULY Total : / BETA HEALTH AUGUST 2014 SVC CHARGE-AUG Total : /18/ BLUSKY CllY HALL REPAIRS CS13-02B , , Total : 6, /18/ BRITTON NURSERY ASSORTED BEDDING PLANTS (PWKS BRITTON NURSERY BEDDING PLANTS - PIWORKS Total : / BROWN & BROWN COLORADO SPRIN METR METRO -ANNUAL BOND RENEWAL /18/ BROWN & BROWN COLORADO SPRIN METRO 2014 METRO -ANNUAL BOND RENEWAL Total : / BURLAP BAG WORK BOOTS - PIWKS - FRENCH,K Total : / BUSINESS MACHINES INC MAIL MACHINE INK ASSEMBLY M = Manual Check, V = Void Check

6 City of Manitou Springs Check Register - With Invoice Description Page: 3 Check Issue Dates: 7/18/2014-7/18/2014 Jul 18, :05PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GLAccount Amount Amount - Total : /18/ CARQUEST AUTO PARTS FRONT END STEERING PARTS - PW/ /18/ CARQUEST AUTO PARTS STEERKING STABLIZER (S DRAINAGE /18/ CARQUEST AUTO PARTS STEERING PARTS FOR TOMMY FORD /18/ CARQUEST AUTO PARTS BATTERY FOR WACKER ROLLER /18/ CARQUEST AUTO PARTS THERMOSTAT I RADIATOR HOSE ETC /18/ CARQUEST AUTO PARTS INTAKE MANIFOLD SET /18/ CARQUEST AUTO PARTS GASKET I SENSOR (WATER DEPT) Total : /18/ CASELLE INC SOFTWARE SUPPORT I MAINT - AUG' Total : /18/ CENTURYLINK /18/ CENTURYLINK /18/ CENTURYLINK /18/ CENTURYLINK /18/ CENTURYLINK K71 K M /18/ CENTURYUNK K71 K M Total : 1, /18/ CHIEF PETROLEUM CO ACCT 55 G 1 OW30 (PWKS) Total : /18/ CINTAS FIRST AID & SAFETY F47 OF KITCHEN SYSTEM INSPECTION (PWK Total : M = Manual Check, V =Void Check

7 City of Manitou Springs Check Register - With Invoice Description Page: 4 Check Issue Oates: 7/18/2014-7/18/2014 Jul 18, :05PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GLAccount Amount Amount /18/ CIRSA PROP/GAS 0- PROP/CASUAL TY INS - 3RD OTR , , /18/ CIRSA W/C WORKER COMP 3RD QTR , , Total : 60, /18/ CITY OF COLORADO SPRINGS TR1170 MAY LOCAL SHUTILE SVCS Total : /18/ CLEAN AIR LAWN CARE F2970 LAWN TREATMENTS (PARKS) Total : /18/ COLORADO CANYON SIGNS SIGNS FOR TAJINE LOT (PARKING) Total : /18/ COLORADO COMPRESSED GASES WELDING HELMET I GLOVES (PWKS) Total : /18/ COLORADO FAMILY SUPPORT REGIS JULY 2014 GARNISHMENT D Total : /18/ COLORADO SPRINGS UTILITIES MAY 2014 EL MAY 2014 ELEC SVC , , /18/ COLORADO SPRINGS UTILITIES MAY W MAY 2014-WASTE WATER TREATMEN , , Total : 56, /18/ COLORADO STATE TREASURER UNEMP RD QTR UNEMPLOYMT TAX , , M = Manual Check, V = Void Check

8 City of Manitou Springs Check Register - With Invoice Description Page: 5 Check Issue Dates: 7/18/2014-7/18/2014 Jul 18, :05PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GLAccount Amount Amount Total : 1, /18/ El COLORADO LODGE WELL, JASON WELLS, JASON (ADMIN) Total : /18/ EL PASO COUNTY PUBLIC HEALTH 6214 BACTERIOLOGICAL WATER TESTING Total : /18/ ERPELDING, LARRY AUGUST 2014 METRO - LOT PURCHASE -AUG , , Total : 2, /18/ FORSETT, JOHN K JULY 2014 CONTRACT EMP - JULY , , Total : 1, /18/ FRONT RANGE AQUATECH R DYNA PATCH - POOL /18/ FRONT RANGE AQUA TECH R RND WEIR I BASKET/PRESSURE SWI /18/ FRONT RANGE AQUA TECH R /2 HPWFE PUMP - POOL /18/ FRONT RANGE AQUA TECH R POOL - REDUCING BUSHINGS/2"SOC Total : /18/ H.D SUPPLY WATERWORK C VALVE BOX RISER- WATER DEP Total : /18/ HAYES,PHILLIPS,HOFFMANN & GARB JUNE 2014 PROF LEGAL SVCS - JUNE , , M = Manual Check, V = Void Check

9 City of Manitou Springs Check Register - With Invoice Description Page: 6 Check Issue Dates: 7/18/2014-7/18/2014 Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GLAccount Amount Amount Jul 18, :05PM --- Total : 7, / HOME DEPOT CREDIT SERVICES CREVICE TOOL I HAMMER I BULBS /18/ HOME DEPOT CREDIT SERVICES TEST PLUG I FLUSH VALVE SEAL /18/ HOME DEPOT CREDIT SERVICES CHAINS I CLEANING SUPPLIES (WT) /18/ HOME DEPOT CREDIT SERVICES UTILITY PUMP/COUPLING/PVC SUPPL /18/ HOME DEPOT CREDIT SERVICES DRYWALL SHIMS/LAG SCREWS (POD /18/ HOME DEPOT CREDIT SERVICES VOLT BATIERIES/D BATIERIES / HOME DEPOT CREDIT SERVICES LOCK BOX I PADLOCK I PUTTY I LUB /18/ HOME DEPOT CREDIT SERVICES TREE I TRIM BOARDS I HEX SET /18/ HOME DEPOT CREDIT SERVICES FIRE - COTION MOPS I BLK BAGS / HOME DEPOT CREDIT SERVICES DRIVING KIT I LOCK NUT I PT WHEEL /18/ HOME DEPOT CREDIT SERVICES POOL - CEMENT/MAINTENANCE/REP /18/ HOME DEPOT CREDIT SERVICES OUTLET BOX I HARDWARE/FLAT BAR /18/ HOME DEPOT CREDIT SERVICES POOL- 4.5 CLIFT REFRIGERATOR /18/ HOME DEPOT CREDIT SERVICES PADLOCK I SCREWS/ DRILLING EQUI /_18/ HOME DEPOT CREDIT SERVICES CONDUIT I CLEANSERS (WT) /18/ HOME DEPOT CREDIT SERVICES PERENNIALS I POTilNG MIX Total : 1, /18/ HUMANE SOCIETY PIKES PEAK REG JULY 2014 ANIMAL CONTROL SVCS- JULY Total : /18/ IACP RIBEIRO, JOS REGISTRATION - OCT 25-28, Total : /18/ ICMA PAYROLL 14 RETIREMENT PLAN PAYROLL Total : M = Manual Check, V = Void Check

10 City of Manitou Springs Check Register - With Invoice Description Page: 7 Check Issue Dates: 7/18/2014-7/18/2014 Jul 18, :05PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GLAccount Amount Amount /18/ INTELLIGENT PRODUCTS INC A 24 CASES - MUTI MITIS FOR PARKS , , Total : 1, /18/ INTERMOUNTAIN SALES OF DENVER WATER LOCATE EQUIPMT REPAIRS Total : /18/ JOHN DEERE LANDSCAPES IRRIGATION SUPPLIES (PWKS) /18/ JOHN DEERE LANDSCAPES TUF-TURF SEED MIX Total : /18/ KR SWERDFEGER CONSTRUCTION WASHINGTON AVE PROJECT , , Total : 70, /18/ KAST, DONNA ANNUAL DUE REIMBURSEMENT - INT INST MUNI CL Total : /18/ KIEWIT INFRASTRUCTURE CO TKTS: ASPHALT I RA /18/ KIEWIT INFRASTRUCTURE CO TKTS: ASPHALT I RAP /18/ KIEWIT INFRASTRUCTURE CO TKT: ASPHALT /18/ KIEWIT INFRASTRUCTURE CO TKT: ASPHALT , , /18/ KIEWIT INFRASTRUCTURE CO TKT: / /2""RAP /18/ KIEWIT INFRASTRUCTURE CO TKT: RAP/ASPHALT Total : 2, /18/ KOIS EQUIPMENT CO INC STREET SWEEPER REPAIR PARTS , , M = Manual Check, V = Void Check

11 City of Manitou Springs Check Register - With Invoice Description Page: 8 Check Issue Oates: 7/18/2014-7/18/2014 Jul 18, ;05PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GLAccount Amount Amount Total : 1, /18/ LINCOLN LIFE INSURANCE COMPANY JULY 2014 JULY 2014 PREMIUM Total : /18/ MANITOU SPRINGS CHAMBER OF CO JULY BUSINESS PROMOTION & TOURISM , , Total : 20, /18/ MIDWEST BARRICADE CO, INC TRAFFIC CONE RENTAL (PWKS) Total : /18/ MILE HIGH ACE HARDWARE /1 METRO RESTROOMS REPAIRS /18/ MILE HIGH ACE HARDWARE /1 BARR TRAIL RR REPAIRS/SS/PWKS /18/ MILE HIGH ACE HARDWARE /1 RAKE I LOPPERS (PWKS) /18/ MILE HIGH ACE HARDWARE /1 DOOR REINFORCER I QT VALVE-S(P /18/ MILE HIGH ACE HARDWARE /1 CAULK I FASTENERS (PWKS) /18/ MILE HIGH ACE HARDWARE /1 LOPPERS/SHEARS/ROUNDUP /18/ MILE HIGH ACE HARDWARE /1 LAG SCREWS I PRUNING SAW /18/ MILE HIGH ACE HARDWARE /1 BLDG MAINT SUPPLIES (PWKS) Total : /18/ MOUNTAIN STATES PIPE & SUPPLY AN65B 18" MANIFOLD - ST DRAIN Total : /18/ NORTHEAST WISCONSIN TECH COLL THOM TASER TRAINING-THOMAS.JOSHUA M = Manual Check, V = Void Check

12 City of Manitou Springs Check Register - With Invoice Description Page: 9 Check Issue Dates: 7/18/2014-7/18/2014 Jul 18, :05PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GLAccount Amount Amount -- Total : /18/ OFFICE DEPOT ROTARY FILE/FOLDERS/HIGHLIGHTE Total : /18/ OPERATOR CERTIFICATION PROGRA ESPARZA,R ESPARZA,E - CERTIFICATION Total : /18/ O'REILLY AUTO PARTS MOTOR CYCLE BAlTERY CHARGER /18/ O'REILLY AUTO PARTS WINDOW KNOB FOR ENGINE 1 (FIRE) /18/ O'REILLY AUTO PARTS MOBILE POWER - PIWORKS Total : /18/ OVERHEAD DOOR FIRE DEPT - SVC CALL , , Total : 1, /18/ PERKINS, JON R JULY2014 CONTRACT EMPLOYMENT - JULY , , Total : 1, /18/ PHIL LONG MOTOR CITY THERMOSTAT HOUSTING - '04 RANG Total : /18/ QUILL POOL - VENDING SUPPLIES /18/ QUILL CUSTODIAL SUPPLIES - POOL /18/ QUILL SIMPLE GREEN - POOL M = Manual Check, V =Void Check

13 Cily of Manitou Springs Check Register - With Invoice Description Page: 10 Check Issue Dates: 7/18/2014-7/18/2014 Jul 18, :05PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GLAccount Amount Amount -- 07/18/ QUILL POOL_ - DISINFECTANT /18/ QUILL VENDING - POOL /18/ QUILL VENDING SNACKS (POOL) /18/ QUILL GUMMY BEARS FOR RESALE - POOL /18/ QUILL POOL - VENDING SUPPLIES /18/ QUILL POOL - VENDING SUPPLIES Total : /18/ RAMPART SUPPLY, INC TEFLON PASTE I MJAP-PRO GAS (WT Total : /18/ RECREATION SUPPLY COMPANY POOL- 6 FLOATS Total : /18/ ROCKY MOUNTAIN ELECTRIC POOL - ELECTRICAL SVC CALL Total : /18/ ROCKY TOP RESOURCES, INC TRI MIX - PWKS /18/ ROCKY TOP RESOURCES, INC PlAYGROUND MULCH W/DELIVERY , , Total : 6, /18/ SAFEUTE FULFILLMENT, INC CORRECTION TO INV Total : /18/ SPRINGS CONTRACTOR SUPPLY PJWORKS - HARDWARE M = Manual Check, V = Void Check

14 City of Manitou Springs Check Register - With Invoice Description Page: 11 Check Issue Dates: 7/18/2014-7/18/2014 Jul 18, :05PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GLAccount Amount Amount Total : /18/ SPRINGS WASTE SYSTEMS LLC JUNE - MUL Tl CONTAINER TRASH P/U , , /18/ SPRINGS WASTE SYSTEMS LLC /18/14 - ROLL OFF DUMPSTER SVC Total : 1, /18/ STATE OF COLORADO 2ND QTR 201 SALES TAX - 2ND QTR Total : /18/ TRANSIT MIX CONCRETE CO RIP'RAP - MANSP , , Total : 2, /18/ TRUJILLO MENDOZA, SAMMY JULY 12TH 20 DEPOSIT REFUND EVENT Total : /18/ UNITED STATES WELDING, JNC RENTAL- JUNE WATER DEPT Total : /18/ US BANK-OP CTR LKBX SVC CM9705 JULY 2014 DOWNTOWN IMP BOND - JULY , , Total : 14, /18/ VERIZON WIRELESS, BELLEVUE PWORKS - MONTHLY SVC /18/ VERIZON WIRELESS, BELLEVUE EQUIP I SVC - JUL TO AUG , , M =Manual Check, V =Void Check

15 City of Manitou Springs Check Register - With Invoice Description Check Issue Dates: 7/18/2014-7/18/2014 Page: 12 Jul 18, :05PM Check Check Vendor Invoice Description Invoice Invoice Check Void/Manual Issue Date Number Number Payee Number GLAccount Amount Amount Total : 4, /18/ WATER SAFETY PRODUCTS LIFEGUARD NAME TAGS (POOL) Total : /18/ WELLS, JASON AROUND THE MOVING EXPENSES REIMBURSEMEN Total : Grand Totals: 286, Summary by General Ledger Account Number GL Account Debit Credit Proof , , , , , , , , M = Manual Check, V = Void Check

16 A Regular Meeting of the Manitou Springs City Council was held in the City Council Chambers, 606 Manitou Avenue, Manitou Springs, Colorado, on July 1, COUNCILMEMBERS PRESENT FOR ROLL CALL: Mayor Pro Tem Coreen Toll Councilman Gary L. Smith Councilwoman Donna Ford Councilman Randy R. Hodges Councilman Kevin Sarge Mac Donald II Councilwoman Nicole Nicoletta COUNCILMEMBERS NOT PRESENT FOR ROLL CALL: Mayor Marc A. Snyder STAFF PRESENT: City Attorney Jeff Parker Police Chief Joe Ribeiro Finance Director Rebecca Davis Planning Director Wade Burkholder Public Works Director Bruno Pothier Deputy City Clerk Richard Parsons A. CALL TO ORDER Mayor Pro Tem Toll called the meeting to order at 7:03 p.m. B. PLEDGE OF ALLEGIANCE The meeting opened with the Pledge of Allegiance. C. ROLL CALL All members of City Council were present for roll call with the exception of Mayor Snyder, who was excused. D. APPROVAL OF AGENDA As requested by Joe Ribeiro, Mayor Pro Tem Toll proposed Item I.5 be moved up the agenda to be considered immediately after public comment on non-agenda items. Upon a motion by Councilwoman Nicoletta and a second by Councilman Mac Donald, the agenda was approved as amended. Motion carried 6-0. E. OATH OF OFFICE FOR OFFICERS SETTLE AND NUCI Richard Parsons issued the Oath of Office to Officer Settle and Officer Nuci. Joe Ribeiro shared the Peelian Principles of Policing. Ken Nuci pinned the badge on Officer Nuci and Adam Settle pinned the badge on Officer Settle. Joe Ribeiro led officers through the Oath of Honor F. PUBLIC COMMENT ON NON-AGENDA ITEMS Keith Ahrens, resident, commented on crosswalks not being repainted and explained that it was a safety issue. Mr. Ahrens also said that the sediment removal project did not bring Fountain Creek to pre-flood levels in some places and that 18

17 JULY 1, 2014 Regular City Council Meeting Page 2 of 7 additional inches should have been removed from behind 906 Manitou Avenue. He also stated that the Canon Parking Lot still had two pieces of fence that needed to be put back in place. Mayor Pro Tem Toll suggested that Keith Ahrens attend the July 8, 2014 Worksession for a Williams Canyon Update. At this time Mayor Pro Tem Toll introduced Item I.5 Presentation of MSPD Strategic Plan I. NEW BUSINESS 5. Presentation of MSPD Strategic Plan Joe Ribeiro introduced the Manitou Springs Police Department (MSPD) Strategic Plan and shared the process to develop its goals. He stated that the Strategic Plan is the first formal plan developed for the Police Department and that its goals were created by a strong team effort from the Department. Joe Ribeiro offered tokens of recognition to the following members who worked on the Plan: - Betheny Kelemen - Justin Pikul - Melissa Warden - Odette Saglimbeni - Joseph Hendrickson - Orian Hendrickson G. FLOOD MITIGATION REPORT Jason Wells updated City Council on the status of the Williams Canyon Project, reporting that: - There were issues developing as a result of hitting bedrock and encountering low grade water - The NRCS schedule needed to be adjusted H. CONSENT CALENDER The following items were acted upon by the unanimous consent of the members present: 1. Warrants 2. Approval of the Minutes of the June 17, 2014 Regular City Council Meeting 3. Approval of a Request to Hang a Banner over CDOT Right-of-Way from Tuesday, September 2, 2014 Monday, September 22, 2014 (or from September 15-22, 2014 if there is a Conflict with Another Applicant) for the Manifest Festival Smokebrush Foundation (Joy Purna-Vernon), Applicant 4. Approval of a Special Event in Soda Springs Pavilion from 6:00 am 2:00 pm on Sunday, July 13, 2014 for the Barr Trail Mountain Race Awards Ceremony John O Neil, Applicant 5. FINAL ORDER RE: Appeal from Denial by Planning Commission of Application for Variance 56 Park Avenue Mayor Pro Tem Toll commented that there was an error on Item H.5. Jeff Parker explained that in Item H.5, under section D.1, the word height should be corrected to say parking with regard to the variance. Councilwoman Nicoletta and Councilman Mac Donald abstained from voting to approve Item H.2 since they were not in attendance at that meeting. They did vote to approve the other items on the Consent Calendar. Upon a motion by Councilman Hodges and a second by Councilwoman Ford, the Consent Calendar was unanimously approved with said modification to Item H.5. Motion carried 6-0.

18 JULY 1, 2014 Regular City Council Meeting Page 3 of 7 I. NEW BUSINESS 1. Approval of a Second Amendment to the IGA with El Paso County Regarding Participation in the CDBG Program Jason Wells explained that this Amendment was adding the City of Monument to the CDBG IGA. Jason Wells volunteered to serve as the delegate to the CDBG Program. General discussion about IGA funds assisting the City followed. Upon a motion by Councilman Smith and a second by Councilwoman Nicoletta, a Second Amendment to the IGA with El Paso County Regarding Participation in the CDBG Program was unanimously approved. Motion carried Request by the Public Services Department for the Parking Department to Share in Cost for Paint to Mark On-Street Parking. Wade Burkholder stated that the Parking Authority Board is in support of cost-sharing with Public Works on half the cost of paint for marking on-street parking and yellow curbs along Manitou, Canon, Park, and Ruxton Avenues this summer. He stated that the Parking Authority Board is asking City Council to approve this cost-sharing and to allow the funding for the Parking Authority Board s portion to come out of parking revenues. Councilman Smith asked if there would be enough money from this arrangement to repaint crosswalks. Bruno Pothier answered that some of the money would be used for repainting crosswalks. Councilman Hodges asked where funding normally comes from for street painting. Bruno Pothier answered that funding comes out of the traffic budget, but the traffic budget came in short due to increased maintenance this year. General discussion about funding for parking and streets followed. Councilwoman Ford requested that parking have its own deployable electronic signs dedicated to parking purposes. General discussion about parking signage followed. Upon a motion by Councilman Hodges and a second by Councilwoman Ford, the Request by the Public Services Department for the Parking Department to Share in Cost for Paint to Mark On-Street Parking was unanimously approved. Motion carried Westside Avenue Action Plan Update Wade Burkholder updated Council on this item: - Wade and Bruno are on the project management team. - FHU, the consulting firm managing the Westside Avenue Action Plan, is moving towards a 30% design plan; they are taking comments from the various jurisdictions involved and developing 30% of a plan. This phase ends in September and the plan will be opened to comment from the public. - It is very important for Manitou to be involved in these plans and designs as the City of Manitou Springs may want to expand the plan beyond the initial development zone through to the west side of the City. - That it is important that there be a distinction about when you are entering Manitou Springs. - A 50% design plan is following the 30% design plan. FHU is hoping to have a full design completed early next year because they want to start undergrounding utilities by the summer of All of Manitou Springs encroachments need to be documented. General discussion regarding the Westside Manitou Action Plan and the initial design features followed. Mayor Pro Tem Toll discussed non-permitted long-term housing taking place and some of the resources available to the City to assist with low income housing situations.

19 JULY 1, 2014 Regular City Council Meeting Page 4 of 7 4. Resolution No. 2514, a Resolution Approving the Adoption of Governmental Accounting Standards (GASB) Statement Number 54 Concerning Fund Balance Reporting and Governmental Fund Type Definitions Rebecca Davis explained how donations are currently organized and tracked. She then stated that she is asking for permission to break donation amounts into separate assigned fund balances, as needed, in order to ensure that donations will be spent for their intended purpose, due to reporting changes required by GASB 54. Upon a motion by Councilman Smith and a second by Councilman Hodges, Resolution No was unanimously approved as presented. Motion carried Presentation of the MSPD Strategic Plan This item was considered earlier in the meeting. J. HEARINGS 1. CU Conditional Use (Dual Retail and Medical Marijuana Establishment) - 27 Manitou Avenue - Absolute Manitou Wellness Center, LLC dba Reserve1 on behalf of Nolan Capital, LLC (Rudy Saenz), Applicant. Wade Burkholder opened the public hearing by explaining that the applicant is seeking approval to allow the operation of a Retail and Medical Marijuana Establishment at 27 Manitou Avenue. He informed the City Council that by a vote of 6-0, the Planning Commission recommended approval with 7 Conditions and 3 Findings. Jim Bensberg, applicant representative, stated that the applicant is in full agreement with all conditions and notations of the Planning Commission and that they have come to an agreement with El Colorado Lodge. Mr. Bensberg briefly reviewed the Planning Commission recommendations. Larry Gillane, architect for the applicant, discussed the interior and exterior modifications to the building and the parking plan. Councilwoman Nicoletta asked about different age requirements for retail marijuana vs. medical. Gary Findlay, general manager, explained age laws for medical and retail marijuana. Gary Findlay also discussed the fence between the future Reserve1 property, the El Colorado Lodge, as well as additional property plans. Larry Gillen explained the interior of the building. Gary Findlay stated that they will have a system to track customer daily marijuana purchases in order to abide by the legal daily limit. General discussion regarding Reserve1 s operating plan followed. There was no public comment. Councilman Mac Donald made a motion, seconded by Councilman Hodges, to approve CU 1408 with the 7 conditions and 3 findings recommended by the Planning Commission. Upon a call for the vote, the motion was unanimously approved as presented. Motion carried 6-0. The conditions and findings were as follows: Conditions: 1) The following items shall be submitted:

20 JULY 1, 2014 Regular City Council Meeting Page 5 of 7 A. Site Plan (i) As this is an existing site, staff does not expect a full landscape plan, however, additional landscaping should be provided wherever possible, especially around the future freestanding signage or along the parking area to the south of the building. The opportunity for maintenance and enhancement of the Crystal Hills sign and the landscape lot along Crystal Hills Blvd may also be explored. B. CDOT Access Permit Application information and findings shall be submitted to the City related to the change of use of the building. C. Traffic Control and Parking Plan Per the submitted plan, utilization of a CDOT approved Traffic Control Company shall be utilized; such traffic control plan shall be submitted and agreed upon by City Staff prior to the opening of the facility. 2) Prior to issuance of the Business License, the Applicant shall submit: A. Key Cards A list of all partners and employees, with copies of the State-issued Key Cards for each. Once operating, copies of the Key Cards shall be submitted for any new person associated with the ownership or operation of the licensed facility before participating in the business. B. Site Inspection The Applicant shall contact the Planning Department to schedule a site inspection to confirm all site and facility requirements per the City code and this approval are installed and operational. 3) Any security bars shall be installed on the interior of windows and screened from public view. 4) The Applicant must comply with all State and Local licensing provisions as they relate to Medical Marijuana Centers and Recreational Marijuana establishments: 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 about any potential criminal liability the person may have for the cultivation, possession, sale, distribution or use of marijuana. 5) A 6 log fence shall be built separating the Reserve1 and El Colorado Lodge while maintaining access to El Colorado Lodge. The fence shall incorporate the design features of the El Colorado Lodge. 6) A lane separator for the entrance and exit to include painting and striping shall be installed.

21 JULY 1, 2014 Regular City Council Meeting Page 6 of 7 7) The Applicant shall provide 26 parking spaces. City Council found the following findings to be true: A. That the value and qualities of the neighborhood surrounding the conditional use will not be substantially injured and the proposed use, under the conditions imposed, will not have a detrimental impact on the architectural and historical qualities and character of the community and is compatible in function and design with surrounding land uses. B. That the conditional use is consistent with the intent and purpose of the Zoning Code to promote public health, safety or general welfare of the community. C. That the conditional use is consistent with the Vision Plan of the City. Following approval, the City Council directed City Attorney Jeff Parker to draft a resolution to reduce to writing their decision. 2. Ordinance No an Ordinance Amending Chapter of the Manitou Springs Municipal Code to Add Spring Water to the City s Water Distribution System and Placing a Moratorium on the Distribution of Spring Water Pending Study Results 2nd reading Jeff Parker explained that Ordinance No added spring water to the City s water system and suspended all but minimalist use of spring water, pending further action. Upon a motion by Councilman Hodges and a second by Councilman Mac Donald, Ordinance No was unanimously approved at 2 nd reading as presented. Motion carried 6-0. None K. MAYOR S REPORT L. RECEIVE OR ACT ON COUNCIL CORRESPONDANCE Councilman Hodges asked if the bar cart that had been seen within the City was legal. General discussion regarding the legality of bar carts followed and Police Chief Ribeiro agreed to investigate the situation. Councilman Mac Donald discussed having a Worksession on cannabis clubs. Councilman Smith reported that the new El Paso County ballot box has been a success. M. CITY COUNCIL LIAISON REPORTS Councilman Hodges reported on the Mineral Springs Foundation Meeting, stating that the permit for the well drilling of Seven Minute Spring had been approved. Councilman Hodges further described the drilling process. Mayor Pro Tem Toll reported on the Regional Storm Water Task Force meeting, sharing that there is great regional interest in the topic. Mayor Pro Tem Toll stated that, according to the Regional Storm Water Task Force, the City s participation in the regional effort will result in the City receiving greater resources to deal with storm water issues. N. SIREN PROJECT PLAN UPDATE Chief Ribeiro presented that:

22 JULY 1, 2014 Regular City Council Meeting Page 7 of 7 - Phone lines have been installed and they passed a silent test. - A test of the system will occur on the 7 th of July, Tests will be on the first Monday of the month at 12 p.m. - The 911 Authority Board approved three reverse 911 test activations. - The next goal is the implementation of the radio system to launch the sirens more easily. O. CITY ADMINISTRATOR REPORT Jason Wells reviewed the Economic Development Action Team (EDAT) meeting he recently attended; sharing that EDAT feels there is need for a comprehensive plan and a need for affordable housing. P. FUTURE AGENDAS July 8, 2014 Worksession July 15, 2014 Regular Meeting July 22, 2014 Worksession August 5, 2014 Regular Meeting August 12, 2014 Worksession August 19, 2014 Regular Meeting ADJOURN With no further business to conduct, Mayor Pro Tem Toll concluded the meeting at 9:50 p.m. MAYOR AND CITY COUNCIL CITY CLERK

23 A Regular Meeting of the Manitou Springs City Council was held in the City Council Chambers, 606 Manitou Avenue, Manitou Springs, Colorado, on July 15, COUNCILMEMBERS PRESENT FOR ROLL CALL: Mayor Marc A. Snyder Mayor Pro Tem Coreen Toll Councilman Gary L. Smith Councilwoman Donna Ford Councilman Randy R. Hodges Councilman Kevin Sarge Mac Donald II Councilwoman Nicole Nicoletta COUNCILMEMBERS NOT PRESENT FOR ROLL CALL: None STAFF PRESENT: City Administrator Jason Wells City Attorney Jeff Parker Police Chief Joe Ribeiro Public Services Director Bruno Pothier Finance Director Rebecca Davis Planning Director Wade Burkholder Planner Michelle Anthony City Clerk Donna Kast A. CALL TO ORDER Mayor Snyder called the meeting to order at 7:05 p.m. B. PLEDGE OF ALLEGIANCE The meeting opened with the Pledge of Allegiance. C. ROLL CALL All members of City Council were present for roll call. D. APPROVAL OF AGENDA Mayor Snyder suggested moving the consideration of Items H.2 and H.3 up in front of the consideration of Item H.1 and renumbering Item H.1 as Item H.3.5, since many in the audience were in attendance to hear Items H.2 and H.3. Upon a motion by Mayor Pro Tem Toll and a second by Councilwoman Ford, the agenda was unanimously approved as amended. Motion carried 7-0. E. PUBLIC COMMENT ON NON-AGENDA ITEMS Kyle Coppedge, President of the Community for Responsible Regulation, said he would like to introduce people in the audience who desired to speak regarding the subject of recreational marijuana. Mayor Snyder told him that since this subject was included on the agenda, he would allow them to speak when the item was called. F. FLOOD MITIGATION REPORT Roger Miller, Flood Recovery Manager, updated the City Council on the status of flood mitigation projects as follows:

24 JULY 15, 2014 Regular City Council Meeting Page 2 of 6 - When flood warnings caused the closure of Hwy 24, two concrete trucks were unable to get to the construction site, so construction was delayed. However, Roger Miller noted that because the delay was caused due to no fault of the City s, the City would most likely be granted an extension of time to complete the project. - Fountain Creek held up relatively well during yesterday s rain but some sediment flow did occur from Green Mountain Falls and Crystal Park. - There was some flooding within the City in addition to some heavy sediment flow and about a foot of capacity was lost in Fountain Creek. - Williams Canyon was muddy from the rain but good progress was still being made on the project. - Section two of the wall had not yet been completed because of the concrete truck delay. - CDBGDR selected four of the projects that the City submitted for further consideration and Roger Miller was hopeful that the projects would receive final approval. In addition, Roger Miller stated he would be placing a call to FEMA to see if the City would be able to use some of the unused funds that were awarded for the last flooding project for new projects that have become necessary. General discussion regarding flood mitigation work followed. G. CONSENT CALENDAR The following item was acted upon by the unanimous consent of the members present: 1. Warrants 2. Approval of a Noise Variance at Shoshone Spring from 4:00 p.m.-7:00 p.m. on Saturday July 19, 2014, Saturday, August 16, 2014, and Saturday, August 23, 2014 for a Tribal Belly Dance Performance Debbie Nejtek, Applicant. Upon a motion by Councilman Smith and a second by Councilman Mac Donald, the Consent Calendar was unanimously approved as presented. Motion carried 7-0. H. NEW BUSINESS 1. Presentation Regarding an Integrated Water Resource Plan by Allison Plute with CSU Consideration of this item was moved to later in the meeting. 2. Ordinance No. 1114, an Ordinance Adding a New Chapter to the Manitou Springs Municipal Code Prohibiting Retail Marijuana Establishments in the City 1 st reading Mayor Snyder explained that this ordinance had been placed on the agenda because a citizen initiative petition had been filed to place a question on the ballot regarding the prohibition of retail marijuana establishments within the City. He explained that the petition had been found sufficient by the City Clerk and that, according to our City Charter, the City Council had to either pass the ordinance without alteration or call a special election to place the question on the ballot. Mayor Snyder stated that he was going to allow public comment on the ordinance before asking City Council to vote on it. Kyle Coppedge, President of the Community for Responsible Regulation, introduced Kevin Haas. Kevin Haas spoke in support of retail marijuana, stated that marijuana helped relax the symptoms of his multiple sclerosis. Resident Brian Borders said he moved to the area three months ago. He explained that his girlfriend had Crones disease and kidney disease and that in January her kidneys failed. After moving to Colorado, they found that marijuana helped with her symptoms. He spoke in support of retail marijuana, noting that the allowance of recreational marijuana made it possible to avoid the wait time needed to obtain a medical marijuana card.

25 JULY 15, 2014 Regular City Council Meeting Page 3 of 6 Mark Stevens, resident, read a letter from Donna Russell. The letter stated that Donna had many medical conditions and she desired to see if marijuana would help. The availability of retail marijuana allowed her to try marijuana before seeking to obtain a red card. Resident David Jones said that retail marijuana shops in Manitou Springs would allow residents and tourists the ability to obtain retail marijuana locally. He stated that local shops would mean that the City wouldn t have to worry about drunk driving and that the City would receive increased revenue. Jessica Kalish, resident, stated that she supported recreational sales of marijuana. Resident Mark Davis said that had been taking narcotic medications and that these medications had been contributing to a situation whereby he and he wife were not getting along. He said that he had many medical conditions and didn t have time to wait for a red card to be issued. Mr. Davis said that marijuana helped him and now he was completely medication free and got along well with his wife. Kyle Coppedge stated that the legalization of retail marijuana allowed people to use recreational marijuana to sample marijuana first, before going to a doctor to request a marijuana card. Following public comment, Jeff Parker informed the City Council that according to the City Charter, they had the option to either pass ordinance without alteration, or to call a special election to place the question on the ballot. He explained that Amendment 64 of the State Constitution required that an initiated or referred measure to prohibit retail marijuana establishments may only appear on a general election ballot during an even numbered year. Since the Constitution trumped our City Charter, it would be necessary to hold our special election during the general election in November. Councilman Mac Donald made a motion to reject Ordinance No and to call a special election to put the question to the voters on November 4, Councilwoman Ford seconded the motion. Upon a call for the vote, the motion was unanimously approved as presented. Motion carried 7-0. Following the vote, the City Council directed Jeff Parker to prepare a resolution to be considered at a future meeting that would formally call a special election on November 4, 2014 and that would include the ballot question to be submitted to the voters. 3. Resolution No. 2614, a Resolution Authorizing and Directing the City Clerk to Participate with the Election Department of the El Paso County Clerk and Recorder in the November 4, 2014 Coordinated Election Donna Kast explained that the intent of Resolution No was to direct the City Clerk to participate with the County in the November 4, 2014 Coordinated Election and to authorize her to enter into an intergovernmental agreement in behalf of the city. Upon a motion by Councilman Smith and a second by Councilwoman Nicoletta, Resolution No was unanimously approved as presented. Motion carried 7-0. Mayor Snyder called for a break at 7:52 p.m. The meeting resumed at 7:57 p.m. 3.5 Presentation Regarding an Integrated Water Resource Plan by Allison Plute with CSU Loen Basdekas, Project Manager for the Integrated Water Resource Plan, showed a PowerPoint presentation that explained the proposed Integrated Water Resource Plan (IWRP). Loen Basdekas presentation explained the following:

26 JULY 15, 2014 Regular City Council Meeting Page 4 of 6 - Since Colorado Springs is the largest city in Colorado not located on a major water source, the City relies upon a complex system to transport water to nearly 450,000 people. - Colorado Springs last water resource plan was finalized in 1996 and accomplished: o Conservation o Non-Potable Water Development o Existing System Improvements o New Major Delivery System - Continuous, long-term water planning is essential and the IWRP was developed to serve as a community s blueprint for ensuring a reliable, cost-effective water supply for the next 50 years. - The goals of the IWRP is to address water supply and demand issues in a sustainably and cost-effective manner that reflects community values. - There are three phases to develop the IWRP: o Phase 1: Identify issues, risks and opportunities o Phase 2: Strategies on how to address areas identified in Phase 1 o Phase 3: Finalization of strategic plan - The foundation of the plan is a comprehensive assessment of the internal and external factors that could affect Colorado Springs water supply now and in the future. o Goals: Sustainable Reliable Resiliency Deliver water in a Cost Effective Manner Environmentally Responsible Plan that is acceptable and explainable to customers - During 2014, Colorado Springs Utilities will be gathering input. Public input will take the form of a public opinion survey, meetings with stakeholders, presentations to civic groups, advisory group input, and public open houses. - Approval for the final draft plan will be around mid IWRP Focuses on water supply but incorporates: o o o o o o Demand Quality Infrastructure Energy Legal issues Public opinion General discussion about the current water system followed. 4. Approval of a Request for a Budget Allocation to Establish a Pay-by-Phone Program Michelle Anthony explained that a Pay-by-Phone Program would allow patrons to pay for parking without the need go to the meter kiosks. The program was unanimously supported by the Parking Authority Board and it would cost approximately $200 per month to implement. On behalf of the Parking Authority Board, Michelle Anthony requested an allocation of up to $2,400 from Paid Parking Revenues in the 2014 Parking Department Budget to pay for the implementation of this program. Cylinda Walker, resident, asked why the kiosks did not always give the option to receive a text message when the paid parking time was expiring. Michelle Anthony explained that the kiosks only allow the text option if a person pays by credit card. Upon a motion by Mayor Pro Tem Toll and a second by Councilman Hodges, a budget allocation to establish a Pay-by- Phone Program was unanimously approved. Motion carried 7-0.

27 JULY 15, 2014 Regular City Council Meeting Page 5 of 6 I. EXECUTIVE SESSION 1. An Executive Session to Hold a Conference with the City Attorney on Pending Litigation or Imminent Court Action, Pursuant to Section 5.1(c) of the Manitou Springs City Charter At this time, Councilman Mac Donald and Councilman Hodges momentarily left the room. Upon a motion by Councilwoman Ford and a second by Mayor Pro Tem Toll, the City Council went into executive session. The motion carried 5-0. Councilman Mac Donald and Councilman Hodges were not in the room for the vote. Upon a motion by Mayor Pro Tem Toll and a second by Councilman Hodges, the City Council came out of executive session and reconvened in open session at 9:43 p.m. Motion carried 7-0. Jeff Parker noted that he, the entire City Council, Jason Wells, Joe Ribeiro, and Donna Kast were in attendance during the executive session. J. MAYOR S REPORT Mayor Snyder reported that he would be attending a panel discussion on the State of the Cities next week. K. RECEIVE OR ACT ON COUNCIL CORRESPONDENCE Councilman Mac Donald informed everyone that he had agreed to be interviewed by Comcast and he intended to speak about upcoming City events, as well as flood issues. L. CITY COUNCIL LIAISON REPORTS Councilman Smith said that there would be a pancake breakfast to acknowledge public safety personnel and their service. He stated that Kiwanis would help cook and that the Fire Department would help serve at the breakfast. Councilman Hodges announced that the Metro District hired Neal Yowell as a full-time Parking Ambassador for the summer and that already he had helped reduce lines at the parking kiosks. Mayor Pro Tem Toll stated that she met with Natalie Johnson with the Arts Council because Natalie wanted to involve the City Liaison in discussions about the Creative Arts District. Mayor Pro Tem Toll subsequently clarified to Natalie that the City Liaison was actually Councilwoman Ford. Following her report, it was agreed that Councilwoman Ford and Mayor Pro Tem Toll could both serve as City Liaisons for the Creative Arts District. M. SIREN PROJECT PLAN UPDATE Chief Ribeiro informed City Council that a radio interface had been ordered and would be configured by John Forsett. General discussion regarding siren testing followed. Chief Ribeiro reported that a media outlet questioned why the sirens were not activated in Manitou Springs when the National Weather Service issued a flood warning, to which Chief Ribeiro explained that the sirens would only be activated when it was determined that there was an immediate threat to Manitou Springs, as opposed to a threat to the general area. Chief Ribeiro also reported that a media outlet questioned why City Hall was closed but the town was not evacuated, to which he explained that the City was setting an example. Chief Ribeiro explained that City staff believed that people should evacuate when there was a flood warning issued and asked every business and resident to develop an evacuation plan. Cylinda Walker asked why Canon Avenue was closed yesterday and expressed concern about the negative impact the sirens had on businesses.

28 JULY 15, 2014 Regular City Council Meeting Page 6 of 6 Chief Ribeiro responded that Canon was closed as a precaution and that the sirens go off to signal people to run to higher ground. Bruno Pothier said that he was contacted by County Commissioner Sallie Clark. Commissioner Clark said that Green Mountain Falls was requesting sandbags and in response, Mr. Pothier sent them 200 filled sandbags and 300 unfilled sandbags. N. FINANCE DIRECTOR REPORT Rebecca Davis reported on the May sales tax report, stating that May sales tax was down $22,000 from what was collected in May of last year. Ms. Davis explained that she believed the apparent decrease in sales tax was due to irregularities in payments in May 2013, which inflated the sales tax for the month. Rebecca Davis stated that June 2014 was already looking better. O. PLANNING DIRECTOR REPORT Wade Burkholder reported that the two public hearings originally set to be heard in August had been delayed by the applicants. He also reported that the Pikes Peak Area Council of Governments was preparing to start the Manitou Avenue West End Pedestrian Drainage Improvement Project the beginning of next year and that the project was fully funded. He stated that the City match for the project was fully funded by the Regional Transportation Authority. The Westside Avenue Action Plan was moving forward and a 30 percent design plan for the project should be complete by late fall and that utility relocation projects should be occurring by the middle of Mr. Burkholder also reported that the Incline repair project was moving along quickly and that an award would be issued for the work next week. The Incline closure date was set to be August 18, and the opening was scheduled for December 1. P. CITY ADMINISTRATOR REPORT Jason Wells announced that a Department of Local Affairs grant that would fund a Planner II position had been approved for approximately $165,000. Mr. Wells also reported that he received a proposal from the City s water engineer, Jim Slattery of Slattery & Hendricks Engineering, to complete the engineering for the augmentation plan for the mineral springs; and reported that the cost was not to exceed $6,300. Mr. Wells asked for authorization to approve that expense and it was the consensus of City Council to grant that authorization. Q. FUTURE AGENDAS July 22, Worksession August 5, 2014 Regular Meeting August 12, 2014 Worksession August 19, 2014 Regular Meeting ADJOURN With no further business to conduct, Mayor Snyder concluded the meeting at 9:59 pm. MAYOR AND CITY COUNCIL CITY CLERK

29 COUNCIL BILL NO RESOLUTION NO RESOLUTION A RESOLUTION APPROVING AN APPLICATION FOR A DUAL USE RETAIL MARIJUANA STORE AND MEDICAL MARIJUANA CENTER AT 27 MANITOU AVENUE ABSOLUTE MANITOU WELLNESS CENTER, LLC, APPLICANT WHEREAS, an application (the "Application") for a dual use retail marijuana store and medical marijuana center to be located at 27 Manitou Avenue was filed by Absolute Manitou Wellness Center, LLC; WHEREAS, Section (F) of the Manitou Springs Municipal Code ("Code") requires that the Local Licensing Authority render its decision regarding such an application via a resolution; and WHEREAS, the City Council, sitting as the Local Licensing Authority, reviewed the application in a public hearing on July 1, 2014, and desires to reduce its decision to writing in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MANITOU SPRINGS, COLORADO, THAT: Having reviewed the Application at a public hearing pursuant to the provisions of Chapter 5.91 of the Code relating to retail marijuana establishments, the Local Licensing Authority hereby finds and determines that, under the conditions imposed herein, the Application meets all the criteria set forth in Chapter 5.91 of the Code, including the criteria required for the approval of conditional uses pursuant to Chapter of the Code, and therefore APPROVES the Application with the following findings and subject to the following conditions: 1. Findings. a. Pursuant to Section (B)(1) of the Code, the value and qualities of the neighborhood surrounding the conditional use are not substantially injured, including the proposed use furthers the architectural and historical qualities and character of the community as set forth in the Manitou Springs Design Guidelines, and the proposed use is compatible in function and design with surrounding land uses. b. Pursuant to Section (B)(2) of the Code, the use is consistent with the intent and purpose of Title 18 of the Code (the Zoning Code) to promote public health, safety and general welfare. c. Pursuant to Section (B)(3) of the Code, the use is consistent with the Manitou Springs Comprehensive Plan.

30 2. Conditions. a. Additional landscaping shall be provided wherever possible, especially around the future freestanding signage and along the parking area to the south of the building. The opportunity for maintenance and enhancement of the Crystal Hills sign and the landscape lot along Crystal Hills Blvd shall also be explored. b. Application information and findings relating to the CDOT access permit shall be submitted to the City relating to the change of use of the building. c. A CDOT approved Traffic Control Company shall be utilized to prepare a traffic control and parking plan, and the plan shall be submitted and approved by City staff prior to the opening of the facility. d. Prior to issuance of the business license, the Applicant shall submit: i. Key Cards. A list of all partners and employees, with copies of the State-issued Key Cards for each. Once operating, copies of the Key Cards shall be submitted for any new person associated with the ownership or operation of the licensed facility before participating in the business. ii. Site Inspection. The Applicant shall contact the Planning Department to schedule a site inspection to confirm all site and facility requirements per the City code and this approval are installed and operational. e. Any security bars shall be installed on the interior of windows and screened from public view. f. The Applicant must comply with all State and Local licensing provisions as they relate to Medical Marijuana Centers and Recreational Marijuana establishments: i. 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 the proposed store. Compliance with any applicable state law or regulation shall be deemed an additional requirement of a license to Applicant, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of Applicant's license. ii. Applicant shall 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.

31 iii. 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. iv. The issuance of any license to Applicant shall not be deemed to create an exception, defense or immunity to any person about any potential criminal liability the person may have for the cultivation, possession, sale, distribution or use of marijuana. g. A 6-foot log fence shall be built separating the Reserve1 and El Colorado Lodge while maintaining access to El Colorado Lodge. The fence shall incorporate the design features of the El Colorado Lodge. h. A lane separator for the entrance and exit to include painting and stripping shall be installed. i. The Applicant shall provide 26 parking spaces. Adopted at the meeting of the City Council of the City of Manitou Springs, Colorado, sitting as the Local Licensing Authority, on this 5th day of August, Mayor and Council: Attest: By: Marc A. Snyder, Mayor Donna J. Kast, City Clerk

32 COUNCIL BILL NO RESOLUTION NO RESOLUTION A RESOLUTION APPROVING AN APPLICATION FOR A DUAL USE RETAIL MARIJUANA STORE AND MEDICAL MARIJUANA CENTER AT 141 MANITOU AVENUE MAGGIE'S FARM, LLC, APPLICANT WHEREAS, an application (the "Application") for a retail marijuana store to be located at 141 Manitou Avenue was filed by Maggie's Farm, LLC; WHEREAS, Section (F) of the Manitou Springs Municipal Code ("Code") requires that the Local Licensing Authority render its decision regarding such an application via a resolution; and WHEREAS, the City Council, sitting as the Local Licensing Authority, reviewed the application in a public hearing on May 6, 2014, and desires to reduce its decision to writing in the Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MANITOU SPRINGS, COLORADO, THAT: Having reviewed the Application at a public hearing pursuant to the provisions of Chapter 5.91 of the Code relating to retail marijuana establishments, the Local Licensing Authority hereby finds and determines that, under the conditions imposed, the Application meets all the criteria set forth in Chapter 5.91 of the Code, including the criteria required for the approval of conditional uses pursuant to Chapter of the Code, and therefore APPROVES the Application with the following findings and subject to the following conditions: 1. Findings. a. Pursuant to Section (B)(1) of the Code, the value and qualities of the neighborhood surrounding the conditional use are not substantially injured, including the proposed use furthers the architectural and historical qualities and character of the community as set forth in the Manitou Springs Design Guidelines, and the proposed use is compatible in function and design with surrounding land uses. b. Pursuant to Section (B)(2) of the Code, the use is consistent with the intent and purpose of Title 18 of the Code (the Zoning Code) to promote public health, safety and general welfare. c. Pursuant to Section (B)(3) of the Code, the use is consistent with the Manitou Springs Comprehensive Plan.

33 2. Conditions. a. Access Agreement. An access agreement with the adjacent Loaf N Jug convenience store shall be executed. b. CDOT Access Permit. Application information and findings shall be submitted to the City. c. Prior to issuance of a business license, the Applicant shall submit: i. Key Cards - A list of all partners and employees, with copies of the State-issued Key Cards for each shall be provided to the City. Once operating, copies of the Key Cards shall be submitted for any new person associated with the ownership or operation of the licensed facility before participating in the business. ii. Site Inspection - The Applicant shall contact the Planning Department to schedule a site inspection to confirm all site and facility requirements per the City Code and this approval are installed and operational. d. Any security bars shall be installed on the interior of windows and screened from public view. e. The Applicant shall comply with all State and Local licensing provisions as they relate to recreational marijuana stores: i. 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 the proposed store. Compliance with any applicable state law or regulation shall be deemed an additional requirement of a license to Applicant, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of Applicant's license. ii. Applicant shall 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. iii. 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.

34 iv. The issuance of any license to Applicant shall not be deemed to create an exception, defense or immunity to any person about any potential criminal liability the person may have for the cultivation, possession, sale, distribution or use of marijuana. f. During the opening week, applicant shall work with the City to provide a traffic mitigation plan for potentially large traffic volume. Adopted at the meeting of the City Council of the City of Manitou Springs, Colorado, sitting as the Local Licensing Authority, on this 5th day of August, Mayor and Council: Attest: By: Marc A. Snyder, Mayor Donna J. Kast, City Clerk

35 July 15, 2014 To Whom It May Concern: I am interested in joining the Manitou Springs Parks and Recreation Advisory Board. I moved to Manitou two years ago and I would like to get more involved and contribute to this wonderful community. I am an avid hiker and I enjoy the local trails here in and around the city daily. I appreciate the ease with which I can access the mountains, the town, and all the local festivities and services by foot from my house! I would appreciate the opportunity to give back by helping guide the protection, development and maintenance of our local park and trail resources. Respectfully submitted, Gail W. Cage 107 Mesa Avenue Manitou Springs, C gailcage@comcast.net

36 July 22, 2014 CITY OF MANITOU SPRINGS PLANNING COMMISSION NOTICE OF RECOMMENDATION REQUEST: VAC Vacation of Right-of-Way Beckers Lane - Becker-Johnson, Inc., Applicant. FOR: The Applicant requests approval to vacate approximately 4,075 square feet of Beckers Lane right of way in order to be utilized by TAT Enterprises. In 2000, when Beckers Lane was realigned to accommodate the expansion of the Garden of the Gods Trading Post, the original alignment of Beckers Lane was vacated. The replat vacated the original alignment but a small piece of the right of way was not included. The overall intent at the time was to vacate all of the unused right of way. This request for vacation would correct the oversight and incorporate the right of way into TAT ownership. DISCUSSION REGARDING REQUEST AND PUBLIC COMMENT: Planning Director Wade Burkholder read the staff report dated July Mr. Burkholder stated the applicant has already met condition I. Mr. Delwiche asked if there was confusion in how the plat was filed saying it was clear at the original meeting they wanted all that. Mr. Burkholder said there was some confusion with the clerk at the recorder office. Chairman Price asked ifthere were any questions. Hearing none, he invited the applicant to the podium. Tim Haas, 324 Beckers Lane. We agree with staffs recommendation and hope this will be somewhat an administrative issue adding he appreciates everyone's time and was happy to answer any questions. Chairman Price closed the meeting to the audience. MOTION: Commissioner Delwiche move to approve VAC 1401 with staff recommendations and eliminating the condition that has been met. Staff makes the following findings in support of the recommendation: A. The use ofthe subject right-of-way is unnecessary and infeasible for future public access; and B. The proposed vacation will not deprive abutting properties of adequate, legal access. SECOND: Vice Chair Vrobel seconded the motion. DISCUSSTION: No discussion. VOTE: Motion passed, 7-0 APPLICANT'S RESPONSE: The Applicant was informed that the recommendation would be heard by the City Council on August 5, 2014 and he thanked the Commission for its time.

37 Publication Date: June 30,2014 PLANNING COMMISSION REVIEW FORM - VAC 1401 REQUEST FOR - Vacation of Right-of-Way PLANNING COMMISSION MEETING DATE - July 9, 2014 CITY COUNCIL MEETING DATE - August 5, 2014 APPLICANT'S NAME - Becker. Johnson, Inc OWNER'S NAME - TAT Enterprises, Inc ADDRESS OF PROPOSAL Beckers Lane ZONE - Low Density Residential STAFF - Wade Burkholder, AICP PROPOSAL: The Applicant requests approval to vacate approximately 4,075 square feet of Beckers Lane right of way in order to be utilized by TAT Enterprises. In 2000, when Beckers Lane was realigned to accommodate the expansion of the Garden of the Gods Trading Post, the original alignment of Beckers Lane was vacated. The replat vacated the original alignment but a small piece of the right of way was not included. The overall intent at the time was to vacate all of the unused right of way. This request for vacation would COlTect the oversight and incorporate the right of way into TAT ownership. STAFF REPORT: MP 0901, the Master Plan for Garden of the Gods Trading Post was approved in early summer of 1999 which provided the right-of-way to realign Beckers Lane to its current location. The area below shaded in green was never recorded in the vacation ordinance provided to the County Clerk. Therefore, the current request is to remedy this oversight ~~":._ " D. '!.~ t ~:.:::."" ~ ~ " "' ~ """ o.i' '''''. ~ ".,. <---.,.., ; ",, I

38 Publication Date: June 30,2014 Staff has received no objections to the request from any City Departments or public utility providers. However, continuation of the 10' access and utility easement the length of each parcel owned by the Applicant along Beckers Lane is needed. (See Attached) Recorded documents do not indicate this continuation has occurred even though the record file indicates this was the original intent. According to the Subdivision Code, the Planning Commission shall recommend to the City Council approval, conditional approval, or disapproval of proposed Vacations of Rights-of-way. The standards for the findings are found in Title 16, Subdivisions of the Municipal Code Vacations of Rights-of-way. Dedicated rights-of-way may be vacated, in whole or in part, in the event the city determines that use of all or a portion of the right-of-way is unnecessary or infeasible for future public access. (Ord (part), 2002) Standard for approval. Rights-of-way may not be vacated if such action would deprive abutting properties of adequate, legal access. (Ord (part), 2002) STAFF RECOMMENDATION: Staff recommends approval of the requested petition to vacate approximately 4,075 square feet of the Beckers Lane right-of-way, as described in the attached legal description with the following condition: 1. A ten foot (10') utility and access easement be recorded across the parcel subject to the vacation request and each additional parcel of land owned by the Applicant and abutting Beckers Lane. Staff makes the following findings in support of the recommendation: A. The use of the subject right-of-way is unnecessary and infeasible for future public access; and B. The proposed vacation will not deprive abutting properties of adequate, legal access. 2

39

40 50.64' N03 11'42"W :.'..... ~ 29.84' - ::.::.::. ::: ~ N13 06'42"W 10.27' LOT 1 GARDEN OF THE GODS TRADING POST NO.2 REC. NO P.O.C.. ~9 46'23"W '---L1-r- _ 0- P.O.B ' V FOUND REBAR AND CAP S03 11'42"E LS (TYP.) 21.50' UNPLATTED TO BE VACATED N BECKERS LANE VACATION: \ \ A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 14 SOUTH. RANGE 67 WEST OF THE 6th P.M., IN THE CITY OF MANITOU SPRINGS, EL PASO COUNTY, COLORADO, BEING A PORTION OF THE ROAD RIGHT OF WAY DESCRIBED IN BOOK 1412 AT PAGE 444 OF THE EL PASO COUNTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, GARDEN OF THE GODS TRADING POST SUBDIVISION NO. 2, AS SHOWN ON THE SUBDIVISION PLAT THEREOF RECORDED UNDER RECEPTION NO OF THE EL PASO COUNTY RECORDS; - - TAE13ASIS"'OF BEA~l rm S-rORIFIIS IJI:S"C~ TO S THE SOUTH LINE OF LOT 1, GARDEN OF THE GO DS TRADING - POST SUBDIVISION NO.2, S89 46'23"W B FEET. THE DIRECTION IS BASED ON THE RECORDED PLAT AND THE LINE IS MONUMENTED BY REBAR AND CAPS LS 13830" THENCE S89 46'23"W ON THE SOUTH LINE OF SAID LOT 2 A DISTANCE OF FEET TO A POINT ON THE EASTERLY LINE OF SAID ROAD RIGHT OF WAY DESCRIBED IN BOOK 1412 AT PAGE 444 AND THE POINT OF BEGINNING OFTHE TRACT DESCRIBED HEREIN; THENCE S03 11 '42"E ON SAID EASTERLY LINE A DISTANCE OF FEET TO AN ANGLE POINT THEREIN; THENCE S13 0B'42"E CONTINUING ON SAID EASTERLY RIGHT OF WAY A DISTANCE OF FEET; THENCE N54 04'32"W A DISTANCE OF FEET TOA POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY DESCRIBED IN BOOK 1412 AT PAGE 444; THENCE N13"08'42'W ON SAID WESTERLY LINE A DISTANCE OF FEET TO AN ANGLE POINT THEREIN; THENCE N03 11'42"W CONTINUING ON SAID WESTERLY LINE A DISTANCE OF FEET TO A POINT ON THE AFORESAID SOUTHERLY LINE OF LOT 1; THENCE N89 46'23"E ON SAID SOUTHERLY LINE A DISTANCE OF FEET TO THE POINT OF BEGINNING. THE DESCRIBED TRACT CONTAINS 4,075 SQUARE FEET, MORE OR LESS. VACATION EXHIBIT BECKERS LANE GARDEN OF THE GODS TRADING POST MANITOU SPRINGS, CO 0'ICi.: fr &ONC POil SCAU: ' )0' OAr(: 1/10/1. 0lIl'. eve o.otto. NO.(CfI IlOM LWA LAND SURVEYING, INC BEACON STREET, SUITE B COLORADO SPRINGS, CO TELEPHONE (71 9) FAX (719) REVISIONS:

41 LOT2 11=6 56'41 " R=120.00' L=14.54' CHORD S50036'09"E ' 14.54' N89 46'23"W LOT 1 GARDEN OF THE GODS TRADING POST NO.2 REC. NO ' N \ Z\ ->\ q ~\ ~\ Z\ \ 1"=30' BECKERS LANE EASEMENT EXHIBIT: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE 67 WEST OF THE 6th P.M., IN THE CITY OF MANITOU SPRINGS, EL PASO COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS A TEN FOOT STRIP OF LAND ADJACENT TO BOTH SIDES OF BECKERS LANE AS PLATTED BY THE GARDEN OF THE GARDEN OF THE GODS TRADING POST SUBDIVISION NO.2 AND SHOWN ON THE SUBDIVISION PLAT THEREOF RECORDED UNDER RECEPTION NO OF THE EL PASO COUNTY RECORDS AS SHOWN HEREON THE DESCRIBED TRACTS CONTAINS 2,334 SQUARE FEET, MORE OR LESS. EASEMENT EXHIBIT BECKER'S LANE GARDEN OF THE GODS TRADING POST MANITOU SPRINGS, CO OWl: 1RJDIHO POST 5()J,l,,".>0' DAm 7/9/14 00A\\lt. IQI() CIlEa<ED: LWA LAND SURVEYING, INC BEACON STREET, SUITE B COLORADO SPRINGS, CO TELEPHONE (719) FAX (719) REVISIONS:

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