CITY OF STEAMBOAT SPRINGS REGULAR MEETING NO. 2008-03 TUESDAY, JANUARY 22, 2008 MINUTES Mr. Loui Antonucci, City Council President, called Regular Meeting No. 2008-03 of the Steamboat Springs City Council to order at 5:04pm, Tuesday, January 22, 2008, in Centennial Hall, Steamboat Springs, Colorado. City Council Members present: Loui Antonucci, Cari Hermacinski, Meg Bentley, Steve Ivancie, Walter Magill, and Scott Myller. Jon Quinn arrived at 5:28pm. City Staff Members present: Alan Lanning, City Manager; Wendy DuBord, Deputy City Manager; Anthony B. Lettunich, City Attorney; Julie Jordan, City Clerk; Julie Franklin, Deputy City Clerk; Anja Tribble, Staff Assistant; Philo Shelton, Director of Public Works; Joel Rae, Police Captain; Bob Litzau, Interim Director of Financial Services; Laureen Shaffer, Historic Preservation; Winnie DelliQuadri, Grants Analyst; Linda Kakela, Director of Intergovernmental Services; Tom Leeson, Director of Planning Services; Chris Wilson, Director of Parks, Recreation and Open Space; and George Krawzoff, Director of Transportation Services. NOTE: All documents distributed at the City Council meeting are on file in the Office of the City Clerk. 1. Committee Report: Historic Preservation Advisory Commission (HPAC) Semi-Annual Report. Ms. Pam Duckworth, HPAC Chair, provided a written HPAC 2007 Annual Report. It was noted that there have not been any demolition permits pulled since the moratorium was repealed. Discussion took place relative, but not limited to: a Guidebook of Architectural Guidelines; public education and fund raising with private parties for property purchase; involving people who own potentially historic properties, HPAC’s funding request; the Sidewalk Master Plan; inventory of houses that are historical; and penalties for demolishing without a permit. City Council President Antonucci noted his appreciation for HPAC’s efforts in bringing about recognition of historic preservation. He spoke to the “trade off” between historic preservation and private property rights, and noted the need to come up with an ordinance that is acceptable to all. Ms. Duckworth spoke to opportunities with energy grants to make homes more efficient. PUBLIC COMMENT: Mr. John Fielding spoke to fines for demolition without permit and questioned a per-day fine for an ongoing offense. He spoke to the Secretary of the Interior’s Standards and noted that the City can enact its own standards. Ms. Duckworth clarified the standards for rehabilitation and noted that there is flexibility in the standards. CONSENT CALENDAR: RESOLUTIONS AND ORDINANCES FIRST READINGS 2. MOTION: Approve submittal of a grant application to the State Governor’s Energy Office that totals $5,000 with the grant request being $2,500 and the City’s match at $2,500 to conduct training and education activities for the Energy Star program. City Council President Antonucci read the motion into the record. 3. RESOLUTION: A resolution appointing an Election Commission for the City of Steamboat Springs. City Council President Antonucci read the resolution title into the record. 4. RESOLUTION: A resolution designating recent Enterprise Zone applicants as Industrial Enterprise Zone licensees. City Council President Antonucci read the resolution title into the record. MOTION: Council Member Ivancie moved and Council Member Myller seconded to approve items 2-4 of the Consent Calendar; a motion to approve the submittal of a grant application to the State Governor’s Energy Office that totals $5,000 with the grant request being $2,500 and the City’s match at $2,500 to conduct training and education activities for the Energy Star program; a resolution appointing an Election Commission for the City of Steamboat Springs; and a resolution designating recent Enterprise Zone applicants as Industrial Enterprise Zone licensees. The motion carried 7/0. PUBLIC HEARING: ORDINANCE SECOND READINGS 5. SECOND READING OF ORDINANCE: An ordinance amending Chapter 2 Administration, Article V Governmental Organization, of the Steamboat Springs Revised Municipal Code, relative to the organizational structure of the City and the duties provided therein; repealing all conflicting ordinances; providing for severability and providing an effective date. City Council President Antonucci read the ordinance title into the record. PUBLIC COMMENT: No one appeared for public hearing. Council Member Myller questioned Planning staff administering affordable housing and workforce housing plans. Mr. Lanning noted that there are no plans currently, but it will be the new Housing Coordinator’s charge to develop them, at which time Planning staff will administer them. MOTION: Council Member Ivancie moved and Council Member Bentley seconded to approve the second reading of an ordinance amending Chapter 2 Administration, Article V Governmental Organization, of the Steamboat Springs Revised Municipal Code, relative to the organizational structure of the City and the duties provided therein; repealing all conflicting ordinances; providing for severability and providing an effective date. The motion carried 7/0. 6. SECOND READING OF ORDINANCE: An ordinance revising Revised Municipal Code Section-216, Chapter 25, relating to City water and sewer service rates, providing an effective date; repealing all conflicting ordinances; and setting a hearing date. City Council President Antonucci read the ordinance title into the record. Council Member Myller questioned if there is a minimum use charge or a service fee. Mr. Litzau stated that there is no minimum use charge; there is a flat service and volume charge. Council Member Myller questioned where the incentive for using less water is. Mr. Litzau stated that as a building uses more water, the fee goes up. Mr. Litzau further provided a background of water fees. Council Member Quinn questioned how staff arrived at 5 percent increase number. Mr. Litzau stated that staff prefers to “ease in” and not increase fees too quickly, however a 10 percent increase can be supported from an operating costs standpoint. It was clarified that the City does reward customers for water conservation. Mr. Shelton stated that the meters “click” once every 1,000 gallons, and a new charge occurs. So, if at billing time a customer has not met that 1,000 gallon mark, they will not be charged (until they have met the 1,000 gallon mark). Mr. Lanning reiterated that staff would rather increase rates gradually. Additionally, staff will be doing a rate study and looking at a potential plant expansion, at which time another increase may be warranted. PUBLIC COMMENT: No one appeared for public hearing. MOTION: Council Member Ivancie moved and Council Member Quinn seconded to approve the second reading of an ordinance revising Revised Municipal Code Section-216, Chapter 25, relating to City water and sewer service rates, providing an effective date; repealing all conflicting ordinances; and setting a hearing date. The motion carried 7/0. 7. SECOND READING OF ORDINANCE: An ordinance vacating a 20 foot wide utility easement, in Lot 1 of the Airport Park Industrial Subdivision; providing an effective date and setting a hearing date. City Council President Antonucci read the ordinance title into the record. PUBLIC COMMENT: No one appeared for public hearing. MOTION: Council Member Myller moved and Council Member Bentley seconded to approve the second reading of an ordinance vacating a 20 foot wide utility easement, in Lot 1 of the Airport Park Industrial Subdivision; providing an effective date and setting a hearing date. The motion carried 7/0. REPORTS 8. City Council Council Member Bentley: 1. Provided Council with a summary of the workshops she recently attended. 2. Will be attending the Colorado Municipal League Water Conference. Council Member Myller: 1. Spoke to a group being formed through the Yampa Valley Housing Authority regarding how to build attainable housing. The group is headed by Habitat for Humanity. Council Member Ivancie: 1. Attended a Rodeo Committee meeting. 2. Will attend a Regional Law Enforcement Conference with Lanning and Hays. 3. Will attend a Colorado Association of Ski Towns meeting in Winter Park. Council Member Quinn: 1. Noted that Mainstreet has elected Towny Anderson as its President. They will be moving forward with putting the Business Improvement District on the ballot again in November 2008. Council Member Magill: 1. Attended a Fire Oversight Committee meeting. They will be revising the intergovernmental agreement; and would like to be more involved in the budget process. 2. Attended the “Ski Jam” event at the music tent and spoke to some of the parking overflowed issues in the area. He stated that overall, this was a good event and they would like to come back again next year. City Council President Antonucci: 1. Would like to have two speakers come to speak to Council regarding annexation: Ted Wang and Jerry Dahl. DIRECTION: City Manager to contact. 9. Reports a. Agenda Review: 1.) City Council agenda for February 5, 2008 2.) City Council agenda for February 12, 2008. 3.) City Council agenda for February 19, 2008. DIRECTION: Ms. Jordan to close the above agendas. b. City Attorney’s Update/Report. Mr. Lettunich had no report. c. Manager’s Report: Ongoing Projects. 1.) Post Office. Mr. Leeson provided written background information on the request from the Steamboat Crossing developer to extend their development application for six months. Discussion commenced on the timeline and the implications of asking the developer to resubmit. DIRECTION: Staff to draft a letter of support for the relocation of the Post Office. Mr. Leeson clarified that staff would expect the developer to resubmit the current application in six months, or the current application will be null and void. UNANIMOUS CONSENT: To extend the development application six months from today’s date. 2.) Update on 3-D Digital Model, Vacation Home Rental (VHR) ordinance, and Commercial Yampa Zoning District. Mr. Leeson provided a written update on the above projects. Vacation Home Rental Ordinance: Council Member Ivancie agrees with staff relative to allowing an aerial photo for the site plan, maintaining the current access agreement requirement, and continuing to monitor enforcement issues. City Council President Antonucci suggested having the VHR owner send a registered letter rather than requiring the access agreement, and if there is no objection then they would be allowed to move forward. Mr. Leeson noted that this would be a code amendment, there would have to be a process to address objections, and staff would have to develop objection criteria. City Council President Pro-Tem Hermacinski supports allowing a registered letter and an aerial photo. Council Member Quinn voiced concern with VHR’s and turning neighborhoods into commercial space. Mr. Lettunich noted that many resort communities have this same problem and have addressed almost all the same issues. Council Member Bentley voiced concern that the way the ordinance is structured puts the enforcement responsibility on the Planning Department. She would like Planning to work with the Police Department on enforcement. She is also concerned that enforcement falls on the neighborhood as well, when the renter is unaware that the home does not have a VHR license. Mr. Leeson stated that there have been a few complaints this winter. City Council President Pro-Tem Hermacinski questioned if Council wants to re- open this issue at this time. Council Member Quinn feels that neighborhoods should be neighborhoods, and commercial should be commercial. He would support long-term rental only, and feels that VHR’s encourage secondary homeownership rather than primary. City Council President Antonucci stated that nightly rentals are a huge business, and many tourists come here because they can rent a large home that will accommodate large families. UNANIMOUS CONSENT: Allow aerial photos for the site plan. MAJORITY CONSENT: To not address the access agreement requirement at this time. PUBLIC COMMENT: Ms. Suzie Spiro voiced concern with the access agreement, speaking to a specific situation where a client was denied a VHR permit because a homeowner at end of the road was not comfortable with the VHR. She was told that she can apply for a Conditional Use Agreement, but it would also be turned down due to the lack of an access agreement. She stated that there were no complaints or violations over the holidays; and feels that the VHR ordinance revision was a “knee jerk reaction”. She questioned the enforcement of registering the VHR’s. The City has received only 39 applications out of the 85 homes that were identified by the VHR Alliance. She voiced concern that the City has done nothing to find the other homes that have not been registered. Mr. Leeson stated that enforcement is very difficult. They can only respond to complaints. Staff can also check the internet, but there are hundreds listed, many of which are condos, and VHR’s are difficult to identify because the address is not listed. He stated that until there is another code enforcer, staff does not have sufficient time to enforce the ordinance. Council Member Bentley supports staff figuring out how to make enforcement easier on Planning. Council Member Quinn voiced concern that only the responsible VHR owners are the ones that are burdened. Mr. Leeson clarified the different scenarios that have resulted in denial if a VHR due to the access agreement. One was a when a neighbor refused to sign the access agreement. In this case, staff would recommend denial of the Conditional Use Permit as well. Another example was a cul de sac that crossed a private drive. There were eight duplexes in the area and the property manager had a hard time getting the access agreement to 17 different people in different places. In that case, staff may not recommend denial of the Conditional Use Permit. Three Dimensional (3D) Digital Model: Council Member Bentley would like to see 3D modeling happen as soon as possible. Leeson stated that the consultant is working on it, and it will be a work in progress for a long time. Commercial Yampa Zone District Standards: Council Member Myller questioned if the rules too strict. Mr. Leeson stated that this was the theory for the Lincoln-side of Yampa, because so many variances were being granted. Staff feels that the standards should be revised. For the river-side of Yampa there was a fair amount of disagreement, and standards are used generally. However there are only two parcels left on the river-side and the 3D model will be a helpful tool for this. 10. Community There were no items scheduled for this portion of the agenda. PUBLIC COMMENT There was no General Public Comment. PLANNING COMMISSION REPORT There was no Planning Commission report. CONSENT CALENDAR - PLANNING COMMISSION REFERRALS There were no items scheduled for this portion of the agenda. PUBLIC HEARING – PLANNING COMMISSION REFERRALS There were no items scheduled for this portion of the agenda. MISCELLANEOUS BUSINESS Council Member Magill asked if there is a mechanism in the Code to allow a fee in lieu for sidewalks. Mr. Leeson stated that the City has taken a much stronger stance on sidewalks, but in some cases a sidewalk does not make sense and a fee in lieu would be appropriate. DIRECTION: Staff to research. Council Member Magill noted that the lighting in Ski Time Square is still inadequate. DIRECTION: Staff to research. ADJOURNMENT MOTION: Council Member Myller moved and Council Member Quinn seconded to adjourn Regular Meeting 2008-03 at approximately 7:30pm. The motion carried 7/0. MINUTES PREPARED AND RESPECTFULLY SUBMITTED BY: Julie Franklin Julie Franklin, CMC Deputy City Clerk REVIEWED AND RESPECTFULLY SUBMITTED BY: Julie Jordan Julie Jordan, MMC City Clerk APPROVED THIS 5th DAY OF February , 2008. STEAMBOAT SPRINGS CITY COUNCIL MINUTES REGULAR MEETING 2008-03 January 22, 2008 10