Upon a motion by Mayor Pro Tem Carpenter and a second by Councilman Smith, the City Council voted 7-0 to approve the agenda as amended.

Transcription

1 A Regular Meeting of the Manitou Springs City Council was held in the City Council Chambers, 606 Manitou Avenue, Manitou Springs, Colorado, on May 15, COUNCILMEMBERS PRESENT FOR ROLL CALL: Mayor Marc A. Snyder Mayor Pro Tem Matt Carpenter Councilman Gary L. Smith Councilwoman Donna Ford Councilman Randy R. Hodges Councilman Michael Gerbig, Jr. Councilwoman Coreen Toll COUNCILMEMBERS NOT PRESENT FOR ROLL CALL: STAFF PRESENT: City Administrator Jack Benson Planning Director Dan Folke City Clerk Donna Kast A. CALL TO ORDER Mayor Snyder called the meeting to order at 7:00 pm. B. PLEDGE OF ALLEGIANCE The meeting was opened with a reciting of the Pledge of Allegiance. C. ROLL CALL All members of City Council were present for roll. D. APPROVAL OF AGENDA Two changes were made to the agenda. Item E of the agenda, Executive Session was moved to Section I of the agenda, as Item I3. Additionally, a Noise Variance Application for the 5 th Grade Graduation Party was added to the agenda as Item H7. Upon a motion by Mayor Pro Tem Carpenter and a second by Councilman Smith, the City Council voted 7-0 to approve the agenda as amended. E. EXECUTIVE SESSION This item was considered later in the meeting. F. PUBLIC COMMENT ON NON-AGENDA ITEMS Police Chief Joseph Ribeiro spoke, introducing himself and gave greetings to City Council and citizens. Mayor Snyder thanked Chief Ribeiro and welcomed him to the City. G. CONSENT CALENDAR (These Items voted on in one Motion) The following items were acted upon by unanimous consent of the members present: 1. Warrants (Payables) 2. Approval of the Minutes of the May 1, 2012 Regular City Council Meeting

2 MAY 15, 2012 Regular City Council Meeting Page 2 of 6 3. Approval of a Noise Variance for a Tribal Belly Dance Performance from 5:00 pm 7:00 pm on the following Saturdays in June 30, July 21 and August 25 Mizmar Madness (Debbie Nejtek), Applicant 4. Approval of a Noise Variance for a Dixieland Band from 11:30 am 1:30 pm in Cheyenne Spring Park on Friday, June 29, Kevin Churchill, Applicant Upon a motion by Councilman Gerbig and a second by Councilwoman Ford, the City Council voted 7-0 to approve the consent calendar as presented. H. NEW BUSINESS 1. Presentation of Community Brochures by the Manitou Springs Elementary School Third Grade Class Mayor Snyder welcomed the Manitou Springs Elementary School 3 rd Graders and their teacher Christy Marquart. Ms. Marquart explained each student created a brochure to entice the world around us to come to Manitou. Each child shared special features of their brochure and Mayor Snyder presented certificates of appreciation to each child. The Council was highly impressed with the children s work. At this time, the Council took a short break and re-convened with Item H2. 2. Approval of Re-appointment of Jim Yount as a Regular Member of the Open Space Advisory Committee Members of Council noted Mr. Yount s excellent service with OSAC throughout the years. His commitment, knowledge, and motivation were all noted. Upon a motion by Mayor Pro-tem Carpenter and a second by Councilman Hodges, the City Council voted 7-0 to approve the re-appointment of Jim Yount as a regular member of the Open Space Advisory Committee. 3. Rainbow Falls / West Colorado Avenue Updates Sallie Clark led the discussion of this item. Commissioner Clark said that Rainbow Falls was a long-term effort and recognized L Aura Montgomery for spearheading the purchase of Rainbow Falls from El Paso County for a $10.00 transfer filing fee. Commissioner Clark noted the Falls are under multi-jurisdictional control and outlined specific problems of the particular area, including erosion and assessment of the bridge, watershed issues, parking challenges and graffiti. Steve Woods of Concrete Couch is creating a kiosk at the entrance of the falls that will eventually house security cameras. Overlook Trail was restored by the Boy Scouts, who installed a picnic area. CDOT will install directional signs on Highway 24 indicating a recreational area. Commissioner Clark said the graffiti at the falls is a community issue, and noted MSPD will work in conjunction with the El Paso County Sheriff s office for security at the falls. Future projects include trash management, building a service access road, and installation of park signage. The overlook is being restored by El Paso County and handrails installed along the trail. Commissioner Clark mentioned plainclothes police officers were stationed at Rainbow Falls and have issued tickets. Commissioner Clarke then led the discussion about West Colorado Avenue, or No Man s Land. She noted the area is a critical arterial that gets a lot of traffic and has access to 75 businesses. Commissioner Clark outlined the problems in this area: drainage, roadway issues, no sidewalks, utility problems, easements, curb and gutter, lack of pedestrian access, transit access and no ADA accessibility. A $300, grant was provided by the State for an assessment of West Colorado Avenue. The entire project is estimated at about $12 million and is included in the transportation improvement program in the long-range plan for PPACG. This way the money can be utilized if it becomes available. Local funding of this project will ensure its quick completion.

3 MAY 15, 2012 Regular City Council Meeting Page 3 of 6 Andre' Brackin, engineer with El Paso County, said the area s assessment will take approximately ten months. The goal is to reach a consensus on what the area should become. Consultants are hired and CDOT, Manitou Springs, Colorado Springs, and El Paso County are all involved in the project. Andre said that the stakeholders will develop a vision of the infrastructure improvements, safe and efficient transportation, and find a link between two historic districts. Improving the road will also assist the adjacent properties economically. Andre' introduced Lisa Bachman, Public Information Specialist for El Paso County. Ms. Bachman said the name No Man s Land will be changed to something more positive. She received excellent feedback from the stakeholders that were interviewed. The urban planning design firm of NES and Summit Economics are contributing to the study of the area. Business owner contact information has been obtained and one-on-one interviews were held with stakeholders. Three stakeholder roundtable meetings are scheduled and open houses will be held so the public can see the work that has been done. A database and website are being built and social media will be used to share information. 4. Resolution No. 1612, Resolution Approving a Quitclaim Deed to Transfer the City's Interest in Certain Real Property to JP Morgan Chase Bank Mr. Folke led the discussion for this item. He introduced Mr. Richard Wray of Kiowa Engineering, the representative of Mr. Alami, the owner of the property. Mr. Folke outlined the contents of his memo, which memorialized the history of the property. Chase Bank contacted the City last year about a creek wall and in-stream improvements they were considering. A portion of the creek improvements were located within platted right-of-way and the bank was requesting the City s participation in the improvements. During a meeting with Mr. Folke, Mr. Pothier, and a Chase representative, it was determined that in addition to the desired creek wall, a portion of their existing parking lot and driveway onto Old Man s Trail was located within the platted right-of-way. Staff advised Chase that they could identify the area they desired be conveyed to them and staff would bring the request forward for City Council s consideration. The creek wall is completed and the culvert is redirected. Mr. Folke said an excellent job was done in this regard. Mr. Folke said that he and Mr. Benson are going to make certain there will be a directional sign for the public parking available at the property. The Council was asked to approve the resolution which would authorize the quitclaiming of the property. Councilwoman Toll asked if the City is allowed to put signs on the adjacent utility pole. Mr. Folke advised that particular pole is not in use and was abandoned. Upon a motion by Councilwoman Toll and a second by Councilman Smith, the City Council voted 7-0 to approve Resolution No. 1612, Resolution Approving a Quitclaim Deed to Transfer the City s Interest in Certain Real Property to JP Morgan Chase Bank. 5. Resolution No. 1712, a Resolution Appointing Council Members as Liaisons to the Various Departments and Other Boards and Committees City Clerk Donna Kast informed the City Council that only one change was being proposed to the existing liaison appoints. She stated that since Councilman Hodges is the President and Chair of the Metropolitan District, he and Councilwoman Toll agreed that it would be prudent for him to also serve as the City Council Liaison. This change is noted in the resolution. Upon a motion by Councilman Smith and a second by Councilwoman Toll, the City Council voted 7-0 to approve Resolution No. 1712, a Resolution Appointing Council Members as Liaisons to the Various Departments and Other Boards and Committees.

4 MAY 15, 2012 Regular City Council Meeting Page 4 of 6 6. Ordinance No. 0612, an Ordinance Amending Section of the Manitou Springs Municipal Code Concerning the Regulation of Delivery Vehicle Use of Manitou Avenue Within the City of Manitou Springs 1 st reading Dan Folke led the discussion of this item, explaining that the ordinance was reviewed by the Parking Authority Board, the BID and imanitou. The ordinance addresses the use of the center lane as a delivery lane, which was its original intent. Mayor Snyder commented that Chief Ribeiro expressed concern about the public safety aspect of the center lane. He suggested that the ordinance may have to be revisited if the summer season is busy and middle lane delivery becomes a public safety issue. Information about parking requirements in the center lane will be distributed to truck/delivery drivers by parking enforcement so they are aware of the rules. It was mentioned that perhaps the information should be disseminated to those who manage/employ the drivers. Upon a motion by Councilwoman Toll and a second by Councilman Smith, the Council voted 7-0 to approve Ordinance No. 0612, an Ordinance Amending Section of the Manitou Springs Municipal Code Concerning the Regulation of Delivery Vehicle Use of Manitou Avenue Within the City of Manitou Springs 1 st reading. 7. Approval of a Noise Variance in Mansions Pavilion from 10:00 am 2:00 pm on Monday, May 21, 2012 for a 5 th Grade Graduation Pot Luck Celebration Stephanie Sawyer & Mary Kelly, Applicants Upon a motion by Councilman Gerbig and a second by Councilwoman Ford, the Council voted 7-0 to approve a Noise Variance in Mansions Pavilion from 10:00 am to 2:00 pm on Monday, May 21, 2012 for a 5 th Grade Graduation Pot Luck Celebration. I. HEARINGS Mayor Snyder skipped to Item I.2 to accommodate the applicants in the audience. 2. CU 1204 Conditional Use (Beer Tasting Room) 725 Manitou Avenue Kevin LeGrande, Applicant Mr. Folke asked the City Council if there had been any ex parte communications or any conflicts of interest on this request. There were none. Kevin and Pamela LeGrande were in attendance, they own the property located at 725 Manitou Avenue. Their request is for conditional use to open a beer tasting room and microbrewery. The Planning Department treated this as a bar. In the Downtown Zoning District, bars require conditional use if they are not associated with a restaurant. Mr. Folke noted this was the first microbrew submittal in Manitou Springs and stated that the Planning Commission recommended approval with five conditions and three findings. It was noted the applicant does not have any off-street parking. Mayor Snyder invited the applicant to the podium to answer questions of the Council. Mr. LaGrande introduced himself and his wife. He explained this plan for the microbrewery has been in the making for a few years. Mayor Snyder asked if all beer brewed on site would be consumed on site as well. The applicant agreed. Mr. LaGrande said food might be offered in the future. Councilwoman Toll said providing food would be important at an establishment with liquor and Councilwoman Ford agreed. Mayor Snyder observed that typically tasting rooms are free of charge, and noted that Mr. LaGrande will be charging for tastings. Mayor Pro-Tem Carpenter directed the Council s attention to one of the conditions, which stated the conditional use permit is contingent on applicant obtaining a liquor license. Mayor Pro Tem Carpenter said he felt the applicant should know exactly what the business will be, then the Council would state the conditions. Councilwoman Ford said the

5 MAY 15, 2012 Regular City Council Meeting Page 5 of 6 applicant is attempting to find out if the project will be approved. She went on to say the business would likely bring more traffic to the rear of the Promenade. Mr. Folke said the Planning Department was comfortable with the choice of license because Planning simply looks at the impacts of the proposed use, and regardless of the type of license this applicant has, the impacts will be the same. Councilwoman Ford said she didn t want to see any more restrictions put on this business than is necessary. She felt comfortable with the Planning Commission recommendation. The Public Hearing was opened by Mayor Snyder. There were no public comments. The Public Hearing was closed by Mayor Snyder. Upon a motion by Councilwoman Ford and a second by Councilman Hodges, the City Council voted 7-0 to approve CU 1204 Condition Use (Beer Tasting Room) 725 Manitou Avenue- Kevin LaGrande, Applicant, with 5 Conditions and 3 Findings as follows: Conditions 1. The Conditional Use for a beer tasting room and microbrewery operation is approved based on the floor plan dated April 12, 2012 for the initial floor area. The expansion of the bar and microbrewery will require an administrative review by the Planning Department to address additional parking and compliance. 2. Hours of operation shall be 11:00 am to 10:00 pm. 3. The City hereby waives the requirement for four (4) off-street parking spaces. Prior to obtaining a business license, the Applicant shall provide proof of parking accommodations for four (4) employees. The parking accommodations may be in the form of yearly parking passes or an agreement to lease the required parking spaces from a private commercial lot owner. Additional parking will need to be obtained prior to obtaining liquor license approval for the expansion. 4. This Conditional Use approval is contingent upon the Applicant meeting all applicable City and State regulations, including any building permits, use tax payments, and the required Liquor License(s) to allow the uses as proposed on the premises. 5. The Conditional Use shall be applied to this Applicant, Kevin Le Grande only. Findings 1. 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. 2. 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. 3. That the conditional use is consistent with the Rainbow Vision/Comprehensive Plan of the City. 1. Resolution No. 1512, a Resolution Approving the Use of Funds from the Round Up Fund for Payment of July and Partial August Lease Payments of the Tajine Alami Parking Lot Mr. Benson said he and Rebecca Davis discussed available funds that could be used for the Tajine Parking Lot effort. Ms. Davis suggested the Round-Up Fund, approved in 1990, and carried on the balance sheet. The ordinance requires a public meeting and approval of a resolution for its use. The fund is in the amount of $2, and Mr. Benson asked City Council to approve use of that for partial payment of the Tajine Alami parking lot. Mr. Benson felt application of the money for the Tajine Parking Lot would remove the focus from Barr Trail Parking Lot for the time being, as that discussion is ongoing. The Public Hearing was opened by Mayor Snyder. No comment was made by the public. The Public Hearing was closed by Mayor Snyder.

6 MAY 15, 2012 Regular City Council Meeting Page 6 of 6 Upon a motion by Mayor Pro-Tem Carpenter and a second by Councilwoman Ford, the Council voted 7-0 to approve Resolution No. 1512, a Resolution Approving the Use of Funds from the Round-Up Fund for Payment of July and Partial August Lease Payments of the Tajine Alami Parking Lot. 3. EXECUTIVE SESSION - An Executive Session pursuant to Section 5.1(a) of the City of Manitou Springs Charter to discuss a personnel matter if requested by a Council member, an employee or an applicant for employment. The following additional details are provided for informational purposes: To discuss an employment matter. Upon a motion by Mayor Pro Tem Carpenter and a second by Councilwoman Toll, the City Council went into executive session at 9:40 pm. Upon a motion and second, the City Council went out of executive session and reconvened in open session at 11:23 pm. J. MAYOR S REPORT K. RECEIVE OR ACT ON COUNCIL CORRESPONDENCE L. CITY COUNCIL LIAISON REPORTS M. PLANNING DIRECTOR S REPORT N. FINANCE DIRECTOR S REPORT O. CITY ADMINISTRATOR S REPORT P. FUTURE AGENDAS June 5, 2012 Regular Meeting June 12, 2012 Worksession June 19, 2012 Regular Meeting July 3, 2012 Regular Meeting July 10, 2012 Worksession July 17, 2012 Regular Meeting ADJOURNMENT With no further business to conduct, Mayor Snyder concluded the Regular Meeting at 11:24 pm. Minutes prepared by Tracy L. Jonas, Administrative Assistant MAYOR AND CITY COUNCIL CITY CLERK