Councilor Julie Wolfe requested an emergency ordinance and emergency City Council meeting during the Oct. 26 joint meeting with the Planning Commission to impose a moratorium on new development until the zoning code update is complete.
Wolfe was specifically concerned about development that could occur at the site of the La Fun Motel, which recently lost its business license and is in the Urban Renewal Authority area. The matter was taken up as a discussion item at council’s regular meeting Tuesday, Nov. 16.
Approximately 100 residents signed a petition in support of a moratorium “on all new, historical or proposed developments for the City of Manitou Springs until all code rewrites are completed in 2022.”
Mayor Pro Tem Nancy Fortuin had asked for staff input on the moratorium request and Senior Planner Michelle Anthony prepared a memorandum that was presented Tuesday.
Anthony’s memo focused on development in the commercial zone and addressed complaints arising from the construction of the Holiday Inn Express in the URA. She proposed increasing setbacks from 10 feet to 15 feet and restricting building height to 35 feet, with no provision for increasing the height allowance.
The memo also noted the need for development and investment in the commercial zone and recommended against a moratorium.
City attorney Jeff Parker advised council that moratoriums should be “reasonable” and “temporary,” should be imposed for specific reasons and not “impair the vested rights of property owners.” Parker agreed with Wolfe that a 2007 state Supreme Court case allowed a similar 10-month moratorium in Aspen.
If enacted, a 10-month moratorium in Manitou Springs would coincide with the expected completion of the zoning code update. Parker told council that a moratorium should apply only to new applications.
Fortuin said she was impressed by the petition but said that it was appropriate “to manage things but not to stop things.” She said that the moratorium would have a chilling affect on needed development in Manitou, citing the URA’s efforts to attract development and investment.
Councilor Steve Bremner agreed with Fortuin, as did URA Executive Director Jim Rees.
Councilor Judith Chandler told her colleagues that she doesn’t want to live in Manitou if it’s “going to look like the current new development.” She said that the question was “what we want Manitou to look like and feel like.”
Wolfe served on the Planning Commission when the Holiday Inn Express application was approved. She told council that the commission had no leeway under the law.
Mayor John Graham said that council needs to look at the Holiday Inn approval and determine “what did we learn, what can we fix.” Graham said that he did not foresee a “huge number” of developers showing up in Manitou.
Former Councilor Becky Elder, who signed the petition, told council that the URA would result in “cement everywhere, a loss of trees everywhere.” She noted that an earlier consultant had warned against Manitou losing its “funky, groovy Manitouness” and that the last code update was in 1972.
Council’s consensus was that an amendment to the current ordinance should be prepared to adopt the suggestions in Anthony’s memo, impose a 10-month moratorium on new development in the commercial zone and include the requirement for environmental impact statements for future development.
Staff will prepare an ordinance that will be presented to council for first-reading approval on Dec. 14.
Council approved changes to the city’s universal fee schedule; all involve increases. They are needed to align the city’s fees with current costs for “event fees, concrete jobs, street cuts, road closure, traffic control, water/sewer tap fees and services.”
Councilor John Shada objected to changes to some of the concrete-related fees and that paragraph, number 12.22, was removed.
The entire fee schedule, with changes highlighted, can be found on the city website (manitouspringsgov.com). Click on government and City Council, then scroll down to the Nov. 16 agenda.
Council gave first reading approval to the 2022 budget. There was no discussion and second reading will be Dec. 7.
Council also gave first-reading approval to an ordinance creating a mobility and parking enterprise. Wolfe noted vagueness in the ordinance and Parker replied that it was intentional to give the city wide latitude in using the enterprise funds. Public transportation was added to the list of allowable uses of the funds.
Council heard the annual report from municipal Judge Debra Eiland and city prosecutor Michael Allen.
Eiland said hers was a “quality of life court.” She praised Deputy City Clerk Amber Tumlin for her work in making Memorial Hall safe during the pandemic.
Eiland asked that she and Tumlin be provided computers and a printer.
Allen told council that the court has had “great success with restorative justice,” especially in cases involving juveniles.
Allen told council of the problems that habitual no-show defendants create and that they are “gumming up our dockets.” Almost all involve minor offenses. Allen suggested cash or property bonds for the scofflaws.
Graham suggested that Allen meet with Interim Police Chief Bill Otto to find a way to “put a little fear in them” that was still respectful of the law.
Graham reported that he, City Administrator Denise Howell and Public Works Director Jeff Jones had met with representatives of Green for Life, the city’s trash removal contractor, regarding “a number of concerns.”
Wolfe suggested that the money collected from fines imposed on GFL for lack of service be given to the affected residents. Howell pointed out that when the requests for bids for the city’s trash service was issued, only two companies responded and one of those withdrew.
Noting the difficulties residents have experienced trying to contact GFL, Howell said that residents should contact her at dhowell@manitouspringsco.gov or Public Information Officer Alex Trefry at atrefry@manitouspringsco.gov with their concerns.
Council voted unanimously to re-appoint Rolf Jacobson as a regular member of the Transportation and Parking Board.
The next City Council meeting will be Nov. 30.