MANITOU SPRINGS CITY COUNCIL and LIQUOR LICENSING AUTHORITY REGULAR MEETING AGENDA CITY COUNCIL CHAMBERS

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1 MANITOU SPRINGS CITY COUNCIL and LIQUOR LICENSING AUTHORITY REGULAR MEETING AGENDA CITY COUNCIL CHAMBERS COUNCIL Term Expires Mayor Marc A. Snyder Jan. 7, 2014 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 Michael C. Gerbig, Jr. Jan. 7, 2014 Ward 2 Coreen Toll Jan. 7, 2014 Ward 3 Matt Carpenter (Mayor Pro Jan. 7, 2014 Tem) JUNE 5, :00 P.M. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. PUBLIC COMMENT ON NON-AGENDA ITEMS* F. CONSENT CALENDAR (These Items voted on in one Motion) 1. Warrants (Payables) 2. Approval of the Minutes of the May 15, 2012 Regular City Council Meeting 3. Approval of a Noise Variance for a Graduation Party in Mansions Park from 3:00 pm 7:00 pm on Saturday, June 23, 2012 Jeff Harms, Applicant 4. Approval of a Special Event in Memorial Park on Wednesday-Sunday, August 15-19, 2012; Approval of a Special Event in Memorial Hall on Thursday-Sunday, August 16-19, 2012; Approval of a Special Event in Soda Springs Park on Sunday, August 19, 2012; Approval of Noise Variance on Saturday, August 18, 2012 from 6:00 am 8:00 am near the street at 601 Manitou Avenue; Approval of a Noise Variance on Sunday, August19, 2012 from 6:00 am 5:00 pm near the street at 601 Manitou Avenue; and Approval of a Noise Variance on Sunday, August 19, 2012 from 10:00 am 5:00 pm at the Intersection of Manitou Avenue and Ruxton Pikes Peak Ascent and Pikes Peak Marathon (Ron Ilgen), Applicant 5. Approval of a Special Event in Mansions Park & Pavilion and Seven Minute Gazebo & Amphitheater from 5:00 am 1:00 pm on Sunday, June 10, 2012; and Approval of a Noise Variance from 6:00 am 12:00 pm at El Paso Boulevard & Memorial Park Garden of the Gods 10 Mile Run & 5K Run (Ron Ilgen), Applicant 6. Approval of the Manitou Springs High School Homecoming Parade Special Event on October 15, 2012 at 1:30 pm Manitou Springs High School Student Council (Alice Stoneback), Applicant 7. First Amendment to City Administrator s Employment Agreement Dated March 29, 2011 *Public Comment Welcome (please limit to 2 minutes) / **Time Estimate For This Item Please contact the City Clerk if you need special assistance attending this meeting ; dkast@comsgov.com

2 G. SWEARING IN OF POLICE CHIEF JOE RIBEIRO AND OFFICERS OF THE MANITOU SPRINGS POLICE H. PIKES PEAK RANGE RIDERS AND PIKES PEAK OR BUST RODEO PRESENTATION BY GIRLS OF THE WEST CAITLIN KERN AND AMANDA SUMMERS I. EXECUTIVE SESSION 1. An Executive Session Pursuant to Section 5.1(b) of the Manitou Springs City Charter to Hold a Conference with the City Attorney to Receive Legal Advice on Specific Legal Questions Pursuant to C.R.S. Section (4)(b), Regarding Phase III of the Iron Mountain Property Purchase 2. An Executive Session Pursuant to Section 5.1(c) of the Manitou Springs City Charter to Hold a Conference with the City Attorney to Receive Legal Advice on Pending Litigation or Imminent Court Action; Namely, In the Matter of Smischny, John R., Case No. 2002PR801, El Paso County District Court. J. NEW BUSINESS 1. Resolution No. 1812, a Resolution of Adoption of the 1 st Battalion (Attack); 2 nd Aviation Regiment, Gunfighters and Spouses 2. PPRTA 2012 Street Maintenance Program - Approval of Contract with Martin Marietta Materials 3. Emergency Ordinance No. 0712, an Emergency Ordinance Approving Obtaining Flood Insurance Coverage Through the Standard Fire Insurance Company as per the NFIP (National Flood Insurance Program) for the City Hall Building Located at 606 Manitou Avenue, Amending the 2012 Budget, and Appropriating the Required Funds 1 st reading 4. Approval of Proposed Conservation Easement for Iron Mountain Open Space 5. Approval of Grant Requests for Transportation Improvement Plan K. HEARINGS* 1. Approval of a New Hotel and Restaurant Liquor License Spice of Life An Ingredients Emporium (Michael Cornejo and Douglas Lewis), Applicants 2. 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 2nd reading L. MAYOR S REPORT M. RECEIVE OR ACT ON COUNCIL CORRESPONDENCE N. CITY COUNCIL LIAISON REPORTS O. CITY ADMINISTRATOR S REPORT P. FUTURE AGENDAS June 12, 2012 Worksession June 19, 2012 Regular Meeting July 3, 2012 Regular Meeting July 10, 2012 Worksession July 17, 2012 Regular Meeting ADJOURNMENT *Public Comment Welcome (please limit to 2 minutes) / **Time Estimate For This Item Please contact the City Clerk if you need special assistance attending this meeting ; dkast@comsgov.com

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24 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: None 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

25 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.

26 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.

27 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

28 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.

29 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 None K. RECEIVE OR ACT ON COUNCIL CORRESPONDENCE None L. CITY COUNCIL LIAISON REPORTS None M. PLANNING DIRECTOR S REPORT None N. FINANCE DIRECTOR S REPORT None O. CITY ADMINISTRATOR S REPORT None 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

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59 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT DATED MARCH 29, 2011 This First Amendment to the Employment Agreement between the City of Manitou Springs, Colorado and Jack Benson dated March 29, 2011 (the Agreement ), is made and entered into this 5th day of June, 2012, by and between the City of Manitou Springs, a Colorado home rule municipal corporation (the "City"), and Jack Benson ("Benson"), an individual. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Section 3 of the Agreement is hereby amended to read as follows: Salary. Effective May 1, 2012 through April 30, 2014 the salary to be paid to Benson for his services as City Administrator shall be ninety eight thousand, four hundred and forty dollars ($98,440) annually ("Base Salary"), which shall be paid periodically in the same manner as other employees of the City are paid. For subsequent years, or earlier if so desired by Council, Benson shall be eligible for annual salary increases at the Council's sole discretion based upon the Council's assessment of his performance. 2. All other terms of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first set forth above. ATTEST: Donna Kast, City Clerk CITY OF MANITOU SPRINGS Marc A. Snyder, Mayor APPROVED AS TO FORM: Jefferson Parker, City Attorney JACK BENSON

60 COUNCIL BILL NO RESOLUTION NO RESOLUTION A RESOLUTION OF ADOPTION OF THE 1 ST BATTALION (ATTACK); 2 ND AVIATION REGIMENT, GUNFIGHTERS AND SPOUSES WHEREAS, As a result of Manitou Springs Wellness day, benefiting Gunfighter spouses, and because of the connection made between the community of Manitou Springs, Colorado and the Battalion; and WHEREAS, The community of Manitou Springs, Colorado would like to show their appreciation of the service of the Battalion to our citizens; and WHEREAS, The community of Manitou Springs, Colorado would like to continue to support the Battalion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MANITOU SPRINGS, COLORADO, THAT: SECTION 1: On behalf of the City of Manitou Springs, Colorado, we do hereby adopt the 1 st Battalion (attack); 2 nd Aviation Regiment, Gunfighters and Spouses as honorary sons and daughters of the City. SECTION 2: This Resolution shall become effective immediately upon adoption by City Council. Adopted at the Regular Meeting of the City Council of the City of Manitou Springs, Colorado, on the 5th day of June Attest: City Clerk Mayor and Council: Mayor Marc A. Snyder

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77 CITY OF MANITOU SPRINGS Memorandum To: From: Mayor, City Council, and City Administrator Rebecca Davis, Finance Director Date: 5/31/2012 Re: Emergency Ordinance to Amend 2012 Budget Recently as part of the vetting process by HUD for obtaining a Community Development Block Grant to convert the interior City Hall restrooms to ADA compliance, staff discovered that a caveat exists in the City s Property and Casualty Insurance with CIRSA: An additional deductible will apply separately to each location that is in a National Flood Insurance Program (NFIP) zone A, where total values are in excess of $1,000,000. The additional deductible shall apply as follows: For any location eligible for NFIP insurance, coverage afforded under this policy is excess of the maximum limit of coverage which could have been purchased through NFIP, whether it is purchased or not. It was determined by HUD that City Hall is in a 100 year flood plain and qualifies for NFIP insurance. Due to this determination, the City s deductible for flood insurance for City Hall is $500,000 instead of the normal $1,000. A deductible of $500,000 is an extraordinary expense that cannot be borne by the City necessitating obtaining Flood Insurance through NFIP immediately. Also, the City is ineligible for the CDBG funds of $51,264, until Flood Insurance is obtained. Losing out on this grant opportunity will necessitate the City using monies from the General Fund to complete this project creating more stress on the Fund Balance. The City can obtain Flood Insurance for $500,000 with a premium of $9,261 through a carrier for CIRSA for the primary insurance and once the $500,000 deductible has been met, CIRSA will cover any additional expenses involved in a Flood Damage situation. Staff recommends obtaining this Flood Insurance policy for City Hall to protect a valuable City asset.

78 COUNCIL BILL NO ORDINANCE NO EMERGENCY ORDINANCE AN EMERGENCY ORDINANCE APPROVING OBTAINING FLOOD INSURANCE COVERAGE THROUGH THE STANDARD FIRE INSURANCE COMPANY AS PER THE NFIP (NATIONAL FLOOD INSURANCE PROGRAM) FOR THE CITY HALL BUILDING LOCATED AT 606 MANITOU AVE, AMENDING THE 2012 BUDGET, AND APPROPRIATING THE REQUIRED FUNDS WHEREAS, the City is a home rule municipality with all powers granted by Article XX of the Colorado Constitution and its Home Rule Charter; WHEREAS, Article XX, 6 of the Colorado Constitution states: "The statutes of the state of Colorado, so far as applicable, shall continue to apply to such cities and towns, except insofar as superseded by the charters of such cities and towns or by ordinance passed pursuant to such charters." Colo. Const. art. XX, 6 (emphasis added); WHEREAS, WHEREAS, WHEREAS, WHEREAS, Section 5.9 of the City's Home Rule Charter allows the City to adopt emergency ordinances, which ordinances become effective immediately upon passage; it has been discovered that the current Property and Casualty insurance coverage of City Hall has a flood damage caveat that if a property is in Flood Zone A (as designated by FEMA) and the property is valued at over a million dollars, the deductible for the property increases from $1,000 to the amount that would have been paid by NFIP (National Flood Insurance Program) for it to cover the property; it has been determined that the City Hall building is in Flood Zone A and has been valued under the current Property and Casualty insurance policy at $2,131,343 and that NFIP will cover the building up to $500,000; obtaining flood insurance for the City Hall building is an urgent matter of preservation of public property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MANITOU SPRINGS, COLORADO, THAT: Section 1: Section 2: Section 3: The Flood Insurance Coverage Application, through The Standard Fire Insurance Company Flood Service Center, is hereby approved in substantially the form attached hereto as Exhibit A and incorporated herein by this reference, subject to final approval by the City Attorney. Upon such approval by the City Attorney, the Mayor is hereby authorized and directed to execute Application on behalf of the City with any changes approved by the City Attorney. The 2012 budget is hereby amended as set forth in Exhibit B to account for this additional expense, and the funds are hereby appropriated. 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.

79 Section 4: Section 5: Section 6: 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, 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. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community, and for the preservation of public property, health, peace, and safety pursuant to Section 5.9 of the City's Home Rule Charter, and this ordinance must be passed as an emergency ordinance, because: (1) it is an urgent matter to provide flood insurance as soon as possible for the preservation of the City Hall building. This ordinance shall take effect immediately after final approval and adoption on second reading. Passed on First Reading this 5th day of June City Clerk

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83 Exhibit B BUDGET AMENDMENT TO INCLUDE FLOOD INSURANCE PREMIUM OF $9,261 AMENDED BUDGET BUDGET GENERAL FUND REVENUES Taxes $ 3,719,793 $ 3,719,793 Licenses & Permits 52,452 $ 52,452 Intergovernmental Revenues 208,569 $ 208,569 Interfund Transfers 149,817 $ 149,817 Charges for Services 216,315 $ 216,315 Fines & Forfeitures 200,223 $ 200,223 Miscellaneous Revenues 104,749 $ 104,749 SUBTOTAL--Current Year Revenues $ 4,651,918 $ 4,651,918 Prior Year End General Fund Balance 408, ,360 GENERAL FUND AVAILABLE FUNDS: $ 5,060,278 $ 5,060,278 GENERAL FUND EXPENDITURES Legislative (City Council) $ 125, ,858 Judicial Department 50,258 50,258 Executive Department (Administration) 374, ,124 Finance Department 304, ,564 Community Development Department (Planning) 221, ,886 Police Department 1,005,162 1,009,518 Communications 215, ,347 Fire Department 547, ,596 Public Services Department (Parks & Streets) 762, ,839 Public Library 189, ,381 Aquatics Department (Swimming Pool) 315, ,921 Parking Enforcement 110, ,933 SUBTOTAL--Operations Expenditures $ 4,222,964 4,232,225 Economic Development 276, ,500 Intergovernmental Outlays 6,825 6,825 Miscellaneous Expenditures 25,000 25,000 Capital Equipment/Non-operating Programs 0 0 SUBTOTAL-General Fund Expenditures $ 4,531,289 4,540,550 TRANSFERS TO OTHER FUNDS Capital Improvements Fund 141, ,686 Storm Drainage Enterprise Fund (Supplemental) 0 0 Open Space Fund 0 0 SUB TOTAL--Transfers to Other Funds $ 141, ,686 TOTAL--General Fund Expenditures/Transfers $ 4,672,975 4,682,236 TABOR Reserve Additions (From Unreserved Gen 28,194 28,194 ENDING GENERAL FUND BALANCE $ 359, ,848

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176 COUNCIL BILL 2112 ORDINANCE 0612 ORDINANCE 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 WHEREAS WHEREAS WHEREAS the Parking Authority Board and City Parking Enforcement personnel have recommended amendment of the current regulations addressing the use of the center lane of Manitou Avenue for delivery or pick-up of merchandise and/or supplies for downtown businesses; and the intent of the proposed amendments is to reduce potential conflicts with emergency vehicles needing access through the downtown by reducing abuse of the center lane for longer term parking or noncritical delivery/pickup and to ensure that permitted users are aware of the regulations governing use of the center lane; and City Council hereby finds and concludes that the proposed amendments below will provide greater controls on the use of the center lane of Manitou Avenue and guidance to both personnel responsible for implementing and enforcing the City s regulations and the permitted users of the center lane of Manitou Avenue. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MANITOU SPRINGS, COLORADO, THAT: Section 1: Section Delivery Vehicle Parking on Manitou Avenue of the Manitou Springs Municipal Code is hereby retitled to Delivery Vehicle Use of Manitou Avenue Center Lane and amended to read as follows: Delivery Vehicle Use of Manitou Avenue Center Lane A. Private and Commercial Delivery Vehicles as defined in Section B or for which a Pick-Up Placard per Section E has been issued and that have an approved Manitou Springs Delivery Permit shall be authorized to park in the center lane of Manitou Avenue within the 500 block through the 1300 block for the purpose of delivering or picking up goods. B. Delivery Vehicle Definition 1. Private Delivery Vehicle means a passenger vehicle used by a business enterprise for the purpose of loading and/or unloading goods or merchandise. Private delivery vehicles may use the center lane of Manitou Avenue provided they display an authorized Delivery Permit sticker and have an approved permit on file with the City. 2. Commercial Delivery Vehicle means a nonpassenger vehicle visibly marked with a company name or organizational logo and making deliveries. Commercial delivery vehicles do not require issuance of a permit or display of a Delivery Permit sticker. C. Regulations for Use of Manitou Avenue Center Lane for Delivery and Pick-Up 1. Only commercial delivery vehicles and permitted private delivery vehicles displaying an authorized deliver sticker or private vehicles displaying a pick up placard issued pursuant to Section E may use the center lane for deliveries or pick-up. 1

177 2. Vehicle emergency warning lamps must be flashing at all times when a vehicle is in the center lane. 3. Use of the center lane is limited to active loading and/or unloading for no more than 15 minutes. 4. No delivery vehicles may park in the center lane of Manitou Avenue within twenty feet of a pedestrian crosswalk. D. Application, Eligibility and Requirements for Delivery Permits 1. The owner of any vehicle as defined in Section B(1) may apply for a delivery permit allowing for the use of the center lane of Manitou Avenue on a City-approved form. The application must be accompanied by a valid copy of the current Manitou Springs business license, except businesses located outside of Manitou Springs may provide evidence of incorporation or a sales tax license. A fee of $3 shall be submitted with the application. 2. Any business issued a Delivery Permit is entitled to up to three (3) stickers. 3. Permits are not transferable. 4. Vehicles requiring permit stickers must visibly display such sticker on the windshield of the delivery vehicle (passenger side-placed low near dashboard). E. Application, Eligibility and Requirements for Merchandise Pick-Up Placards 1. Businesses located within the 500 block through the 1300 block of Manitou Avenue may apply for one (1) Pick-Up Placard to allow customers to park in the center lane for the sole purpose of picking up large, heavy, or cumbersome merchandise. 2. Application shall be made to the City of Manitou Springs on the approved form for a pick-up placard allowing the use of the center lane of Manitou Avenue by customers. The application shall be accompanied by a valid copy of the current Manitou Springs business license and a fee of $ In the event a Pick-Up placard is lost, replacement placards may be obtained at the following costs: 1 st replacement - $3; 2 nd replacement - $5; 3 rd or more replacements - $ The business operator shall instruct the customer to display the placard on the rear-view mirror or vehicle dashboard so it is visible through the windshield and to return the placard to the business before driving away. The regulations for use of the center lane as defined in Section C shall be complied with. F. Permits Valid Once issued, Vehicle Delivery or Pick-up Placard permits are valid until a business ceases operation or moves outside of the center lane delivery area. Businesses that move within the center lane delivery area, or that change the specified passenger vehicle(s) shall update any approved permit within 10 days; no fee shall be charged for such updates. The City, at its discretion, shall have the option of requiring new permit applications at any time in the future. 2

178 G. Revocation of Permit or Placard Use of a Delivery Permit or Pick Up Placard for other than the intended purposes may result in revocation of center lane use privileges by the City Administrator. Section 2: Section 3: 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. 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, 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. This ordinance shall take effect five (5) days after final approval and adoption on second reading. Passed on First Reading and Ordered Published this 15th day of May, City Clerk A Public Hearing on Ordinance No will be held at the June 5, 2012, City Council meeting. The Council Meeting will be held at 7:00 P.M. at City Hall, 606 Manitou Avenue, Manitou Springs, Colorado. Ordinance Published May 17, 2012 (in full) City s Official Website and City Hall Passed on second reading and adopted by Council this 5th day of June, Mayor and Council Attest: City Clerk Approved for Council Action: City Administrator Approved as to form: City Attorney Published: June 7, 2012 (in full) City s Official Website and City Hall 3

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