***F O L L O W – U P*** CITY OF STEAMBOAT SPRINGS AGENDA REGULAR MEETING NO. 2008-04 TUESDAY, FEBRUARY 5, 2008 5:00 P.M. Antonucci called the meeting to order at 5:02pm. A. ROLL CALL City Council Members present: Loui Antonucci, Cari Hermacinski, Meg Bentley, Steve Ivancie, Walter Magill, Scott Myller, and Jon Quinn. 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; JD Hays, Director of Public Safety; Jason Peasley, City Planner; Gavin McMillan, City Planner; Bob Litzau, Interim Director of Financial Services; John Eastman, Planning Services Manager; Chris Wilson, Director of Parks, Recreation and Open Space; and George Krawzoff, Director of Transportation Services. The Follow-Up Agenda is work product only, and is subject to change. For final approved information, please refer to the official City Council minutes. All documents distributed at the City Council meeting are on file in the Office of the City Clerk. 1. Community There were no items scheduled for this portion of the agenda. B. CONSENT CALENDAR: RESOLUTIONS AND ORDINANCES FIRST READINGS 2. RESOLUTION: A resolution acknowledging the appointment of the Yampa Valley Housing Authority members. Antonucci read the resolution title into the record. 3. FIRST READING OF ORDINANCE: An ordinance approving the West Acres Ranch Subdivision, waiving certain requirements with respect thereto under the Steamboat Springs Revised Municipal Code, including Section 26-182, and providing other matters relating thereto. Antonucci read the ordinance title into the record. 4. FIRST READING OF ORDINANCE: An ordinance approving a contract to purchase rights-of-way for the New Victory Highway from the West Acres Ranch Partners; providing an effective date; and setting a hearing date. Antonucci read the ordinance title into the record. 7. FIRST READING OF ORDINANCE: An ordinance amending Chapter 3, Alcoholic Beverages, Article I, In General, by adding a Section 3-1 to the Steamboat Springs Revised Municipal Code relative to the Local Liquor Licensing Authority; repealing all conflicting ordinances; providing for severability and providing an effective date. Antonucci read the ordinance title into the record. MOTION: To approve items 2, 3, 4, and 7 of the Consent Calendar; a resolution acknowledging the appointment of the Yampa Valley Housing Authority members; first reading of an ordinance approving the West Acres Ranch Subdivision, waiving certain requirements with respect thereto under the Steamboat Springs Revised Municipal Code, including Section 26-182, and providing other matters relating thereto; first reading of an ordinance approving a contract to purchase rights-of-way for the New Victory Highway from the West Acres Ranch Partners; providing an effective date; and setting a hearing date; and the first reading of an ordinance amending Chapter 3, Alcoholic Beverages, Article I, In General, by adding a Section 3-1 to the Steamboat Springs Revised Municipal Code relative to the Local Liquor Licensing Authority; Ivancie/Quinn; APPROVED; Vote 7/0. 5. FIRST READING OF ORDINANCE: An ordinance amending Article VIII, Chapter 26 of the Steamboat Springs Revised Municipal Code by the addition of Section 26-207, relative to authorizing the City to require the owners of property benefited by the construction of public improvements to share in their cost; repealing all conflicting ordinances; and providing an effective date. Antonucci read the ordinance title into the record. This item was pulled for further discussion. Foote provided an overview of the process and stated that many other communities have generally the same type of regulation. Quinn voiced concern that the cost of living is so high, and this would add to that. Foote stated that it is unlikely that this would apply to a single home owner, though it is possible. He stated that if a person does not tap in, they would not have to pay. MOTION: To approve the first reading of an ordinance amending Article VIII, Chapter 26 of the Steamboat Springs Revised Municipal Code by the addition of Section 26-207, relative to authorizing the City to require the owners of property benefited by the construction of public improvements to share in their cost; repealing all conflicting ordinances; and providing an effective date; Ivancie/Myller; APPROVED; Vote 7/0. 6. FIRST READING OF ORDINANCE: An ordinance adopting the Urban Design Standards and Entry Corridor Concepts for commercial, mixed-use and multifamily developments located outside of the mountain base and downtown areas. Antonucci read the ordinance title into the record. This item was pulled from the Consent Calendar for further discussion. Myller questioned the parking requirement. Spence stated that it is appropriate at times, but is difficult to craft language that allows “sometimes in some circumstances.” The best way to address the parking requirement is to request a variance. Myller would like to see some relief from architectural standards for affordable housing. Hermacinski agrees. Spence stated that staff feels that the standards are “more baseline”. Myller suggested allowing more than 6 townhomes in a single line. DIRECTION: Hermacinski and Myller to talk to Spence about proposed changes before second reading. MOTION: To approve the first reading of an ordinance adopting the Urban Design Standards and Entry Corridor Concepts for commercial, mixed-use and multifamily developments located outside of the mountain base and downtown areas; Ivancie/ Bentley; APPROVED; Vote 7/0. C. PUBLIC HEARING: ORDINANCE SECOND READINGS 8. SECOND READING OF ORDINANCE: An ordinance vacating the perpetual easement over and across the two areas designated Open Space on the plat of the Yampa Valley Medical Center, File #536477, located in the NE ¼ of the SW ¼ of Section 21, T6N, R84W, 6th P.M., City of Steamboat Springs, Routt County, Colorado; providing an effective date and setting a hearing date. Antonucci read the ordinance title into the record. Hermacinski disclosed that husband is part-owner of an adjacent parcel, but he is not an employee of the Yampa Valley Medical Center. Foote noted that Section 5 of the ordinance needs the underlined portions deleted. This ordinance shall take effect immediately upon the expiration of thirty (30) days from and after its publication following final passage, as provided in Section 13.6 of the Steamboat Springs Home Rule Charter. Carl Gills, YVMC, was present. He stated that the ordinance is fairly straight forward. PUBLIC COMMENT: No one appeared for public hearing. MOTION: To approve the second reading of an ordinance vacating the perpetual easement over and across the two areas designated Open Space on the plat of the Yampa Valley Medical Center, File #536477, located in the NE ¼ of the SW ¼ of Section 21, T6N, R84W, 6th P.M., City of Steamboat Springs, Routt County, Colorado; providing an effective date and setting a hearing date; as amended above; Myller/Hermacinski; APPROVED; Vote 7/0. D. PLANNING COMMISSION REPORT There was no Planning Commissioner present. E. CONSENT CALENDAR - PLANNING COMMISSION REFERRALS 9. RESOLUTION: A resolution of the City Council of the City of Steamboat Springs, Colorado, finding the change of the Future Land Use Designation of the parcel of land known as the Southern half of the Southeast quarter of Section 21, Township 6, Range 84W from Neighborhood Commercial to Resort Residential, to be in compliance with the criteria for approval of a minor amendment to the Steamboat Springs Area Community Plan. This item was postponed from the December 4, 2007 City Council meeting. Antonucci read the resolution title into the record. 10. FIRST READING OF ORDINANCE: An ordinance rezoning property located in the Southern half of the Southern half of the Southeast quarter of Section 21, Township 6, Range 84W; from the CN (Commercial Neighborhood) Zone District to the RR-1 (Resort Residential 1) Zone District; repealing all conflicting ordinances; providing for severability; and providing an effective date. This item was postponed from the December 4, 2007 City Council meeting. Antonucci read the ordinance title into the record. Quinn disclosed that he provided technical services to a client in this area. UNANIMOUS CONSENT: Quinn to remain seated. MOTION: To approve items 9 and 10 of the Planning Consent Calendar; A resolution of the City Council of the City of Steamboat Springs, Colorado, finding the change of the Future Land Use Designation of the parcel of land known as the Southern half of the Southeast quarter of Section 21, Township 6, Range 84W from Neighborhood Commercial to Resort Residential, to be in compliance with the criteria for approval of a minor amendment to the Steamboat Springs Area Community Plan; and the first reading of an ordinance rezoning property located in the Southern half of the Southern half of the Southeast quarter of Section 21, Township 6, Range 84W; from the CN (Commercial Neighborhood) Zone District to the RR-1 (Resort Residential 1) Zone District; repealing all conflicting ordinances; providing for severability; and providing an effective date; Ivancie/Myller; APPROVED; Vote 7/0. 11. PROJECT: Curve Subdivision, Block 3, Lot 4 (Sears Center Addition) PETITION: Final development plan application for a 2,746 square foot addition to the existing building. The project includes a variance to the required sidewalk width and location. This item was postponed from the December 4, 2007 and December 18, 2007 City Council meetings. Antonucci read the project title into the record. Hermacinski stepped down. MOTION: To approve the final development plan application for the Sears Center Addition, with conditions 1-4 as presented; Myller/Ivancie; APPROVED; Vote 6/0. Hermacinski stepped down. Hermacinski returned to the meeting. 12. PROJECT: Original Town of Steamboat Springs, Block 4, Lot 12 and E2 Lot 11 (Aragon Offices) PETITION: Final development plan proposal for a 5,250 square foot office building. Antonucci read the project title into the record. Magill stepped down. Ivancie disclosed that his employer is an adjacent property owner and has submitted a letter to Council regarding the project. UNANIMOUS CONSENT: Ivancie to remain seated. Bentley voiced concern with the design, not having “historical setbacks”, snow storage issues and safe exit, and the lack of handicap parking. She questioned the design of the cupola. Rivers stated that there is an acceptance from height requirements for a lantern feature. Staff arranged the parking plan with Public Works and a space will be ADA accessible. Rivers further noted that the dimensional standards for setbacks is 10 feet, and the proposed setback does speak to the character of the area. Quinn stated that the setback may meet the standards, but he does not feel that it is consistent with the neighborhood. Hermacinski clarified that this is a final development plan that meets all the standards, and has the recommended approval from staff, Planning Commission, and the Historic Preservation Advisory Commission. Myller added that this area is zoned commercial neighborhood, not residential. Ivancie voiced concern with a perceived double standard with respect to setbacks. He further spoke to parking in the alleys and snow storage. Bentley would like to revisit some design guidelines at a future date. PUBLIC COMMENT: John Fielding stated that most of the Oak Street side is “a porch and the rest is an appendage”. He feels the snow storage needs to be addressed on a broader level, regarding line of sight. MOTION: To approve the Aragon Offices final development plan with conditions 1-4 as presented; Ivancie/Hermacinski; Vote 6/0. Magill stepped down. Magill returned to the meeting. 13. PROJECT: Wildhorse Meadows, Parcel VII PETITION: Final development plan for a 4 building, 96 unit multi- family development. Antonucci read the project title into the record. Quinn stepped down. McMillan, City Planner, was present. PUBLIC COMMENT: There was no public comment. MOTION: To approve the Wildhorse Meadows final development plan with conditions 1-9 as presented; Myller/Hermacinski; APPROVED; Vote 6/0. Quinn stepped down. F. PUBLIC HEARING – PLANNING COMMISSION REFERRALS 14. PROJECT: Butterfly Barn Options PETITION: Condition of approval. LOCATION: Wildhorse Meadows on the southwest corner of the intersection of Mt. Werner Road and Steamboat Blvd. Antonucci read the project title into the record. Quinn stepped down. McMillan stated that staff recommends option 1 to leave the barn in its current location and install interpretive trails and signage around it. Planning Staff would also recommend that Council indicate that it is the responsibility of the property owner to keep the barn in stable condition on site. Although the barn is currently in stable condition, staff recommends that it is made clear whose responsibility maintenance will be, should the structure begin to deteriorate. Marianna Ishida, Resort Ventures West, stated that the applicant is in agreement with staff. PUBLIC COMMENT: John Fielding, HPAC, spoke to the relocation of the barn (in tact). He stated that the current location has lost its historic site significance and suggested it be placed as an icon at the entry to the ski area. McMillan stated that at this time, there needs to be a plan in place to move forward, and this plan allows relocation of the barn to be discussed in the future. Doug Beall, Steamboat Ski & Resort Corporation, stated that the current configuration of the lot may limit parking, and they do not support the barn being in that position as a permanent location. Antonucci clarified that it is the City’s intend to find a better home for the barn in the future. MOTION: To approve option 1 with the maintenance responsibility going to the property owner, maintaining the barn in stable condition on site; Ivancie/Hermacinski; APPROVED; Vote 6/0. Quinn stepped down. Quinn returned to the meeting. 15. PROJECT: Original Town of Steamboat Springs, Block 12, Lots 1-3 (11th and Oak) PETITION: Application for a waterbody setback variance. This item was postponed from the December 4, 2007 City Council meeting. Antonucci read the project title into the record. Peasley, City Planner, was present. Bentley does not support this variance request. She voiced concern with the floodplain and feels the variance would be an inconsistent application of City codes. Peasley stated that only a small portion of the foundation of the duplex is in the floodplain, and staff feels there would not be a significant impact to the floodplain. PUBLIC COMMENT: No one appeared for public comment. MOTION: To approve the 11th and Oak waterbody setback variance request; Ivancie/Myller; APPROVED; Vote 6/1. Bentley opposed. G. REPORTS 16. City Council Antonucci: 1. Asked if Council is interested in purchasing a table at the Snowball. UNANIMOUS CONSENT: Individual Council Members to contact the City Clerk if they want a ticket. 2. Noted that the City was awarded the Eleanor Bliss award from the Arts Council. Ivancie: 1. Will be leaving the meeting to attend the Caucus. 2. Participated in the YVHA interviews. 3. Will sit in on the Building Department discussion. 4. Attended a Rodeo Committee meeting. 5. Received calls of concern regarding the Whistler/Walton Creek Road intersection. DIRECTION: Staff to revisit a street light at this intersection. 6. Noted that his daughter is interning with the City Clerk’s Office, and he will step down on anything that she has worked on. Bentley: 1. Would like to schedule an overall sidewalk discussion scheduled on an agenda. 2. Noted that Vision 2030 needs to get on an agenda for ratification of new members, and they would also like to increase their size. DIRECTION: City Clerk to look into placing this on the March 17, 2008 agenda. Myller: 1. Noted that the Fish Creek Mobile Home Park transfer is getting to a difficult stage and suggested having a meeting to introduce the homeowners to introduce them to the new owner. a. Rocky Mountain Rail Association representation. MOTION: To appoint Hermacinski as the representative and Magill as the alternate; Ivancie/Antonucci; APPROVED; Vote 7/0. Ivancie left the meeting at approximately 6:30pm. 17. Reports a. Agenda Review: 1.) SSRA agenda for February 12, 2008. 2.) City Council agenda for February 12, 2008. 3.) City Council agenda for February 16. 2008. 4.) LLA agenda for February 19, 2008. 5.) City Council agenda for February 19, 2008. DIRECTION: To close the above agendas. b. Staff Reports There were no staff reports. c. City Attorney’s Update/Report. Lettunich had no report. d. Manager’s Report: Ongoing Projects. 1.) Sustainability Management Plan and Green Team update/ Atmos Energy Franchise Fee. DuBord asked if Council would like to increase the franchise fee for Atmos Energy. If yes, by 1 or 2 percent? Staff recommends directing the funds to the sustainability efforts of the City. Antonucci is concerned with raising the franchise fee because the increase will be passed on to the citizens. Hermacinski supports raising the fee to 5% to help stimulate people to conserve, and she supports putting that money to the Green Team and the City’s Sustainability Management Plan. Quinn supports an increase as long as the funds are earmarked for something specific, and he supports them going to the Green Team. Bentley and Magill agree. Antonucci and Magill support a 1% increase. PUBLIC COMMENT: No one appeared for public comment. MOTION: to approve raising the Atmos Energy franchise fee by 2% to a total of 5%, the funds from the 2% increase go to sustainability management; Hermacinski/Bentley; APPROVED; Vote 4/2. Antonucci and Myller opposed. Ivancie had previously left the meeting. H. OLD BUSINESS 18. Minutes a. Special Meeting SP-2008-01, January 7, 2008. b. Regular Meeting 2008-01 January 8, 2008. c. Regular Meeting 2008-02, January 15, 2008. d. Regular Meeting 2008-03, January 22, 2008. Hermacinski provided an amendment to the January 8, 2008 City Council minutes. MOTION: To approve the January 7, 8, 15, and 22, 2008 City Council minutes as amended; Quinn/Bentley; APPROVED; Vote 6/0. Ivancie had previously left the meeting. GENERAL PUBLIC COMMENT: Towney Anderson, Mainstreet Steamboat Springs, and Kara Givnish, Steamboat Springs Chamber Resort Association, were present and reported that due to the courthouse renovation this summer, the lawn will not be available for the Farmers Market. They requested to close 6th Street from June 15 to August 30, 2008 to hold the Farmer’s Market. Anderson noted that Tracy Barnett has spoken with the owners of the Old Town Pub, who support this request. Givnish stated that Mustangs Round Up coordinators also support this request. DIRECTION: Staff to work with Farmer’s Market with the Special Activity Permit application for 6th Street. John Fielding voiced concern with the 13th Street bottleneck and would like to see the issue brought back to Council. Eastman stated that many City plans identify traffic issues and staff plans to have detailed discussions on the topic. Shelton stated that the Access Control Plan will have a capacity component as well. Staff will also be asking for funds for additional traffic studies. 19. Council Follow-Up There was no discussion on this item. I. ADJOURNMENT MOTION: To adjourn Regular Meeting 2008-04 at approximately 7:17pm; Myller/Quinn; APPROVED; Vote 6/0. Ivancie had previously left the meeting. 12