CITY OF STEAMBOAT SPRINGS REGULAR MEETING NO. 2008-04 TUESDAY, FEBRUARY 5, 2008 MINUTES Mr. Loui Antonucci, City Council President, called Regular Meeting No. 2008-04 of the Steamboat Springs City Council to order at 5:02pm, Tuesday, February 5, 2008, in Centennial Hall, Steamboat Springs, Colorado. 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; John Eastman, Planning Services Manager; 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. Community There were no items scheduled for this portion of the agenda. CONSENT CALENDAR: RESOLUTIONS AND ORDINANCES FIRST READINGS 2. RESOLUTION: A resolution acknowledging the appointment of the Yampa Valley Housing Authority members. City Council President 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. City Council President 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. City Council President 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. City Council President Antonucci read the ordinance title into the record. MOTION: Council Member Ivancie moved and Council Member Quinn seconded 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. The motion carried 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. City Council President Antonucci read the ordinance title into the record. This item was pulled for further discussion. Mr. Foote provided an overview of the process and stated that many other communities have generally the same type of regulation. Council Member Quinn voiced concern that the cost of living is so high, and this would add to that. Mr. 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: Council Member Ivancie moved and Council Member Myller seconded 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. The motion carried 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. City Council President Antonucci read the ordinance title into the record. This item was pulled from the Consent Calendar for further discussion. Council Member 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. Council Member Myller would like to see some relief from architectural standards for affordable housing. City Council President Pro-Tem Hermacinski agrees. Spence stated that staff feels that the standards are “more baseline”. Council Member Myller suggested allowing more than six townhomes in a single line. DIRECTION: Council Members Hermacinski and Myller to talk to Mr. Spence about proposed changes before second reading. MOTION: Council Member Ivancie moved and Council Member Bentley seconded 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. The motion carried 7/0. 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. City Council President Antonucci read the ordinance title into the record. City Council President Pro-Tem Hermacinski disclosed that husband is part-owner of an adjacent parcel, but he is not an employee of the Yampa Valley Medical Center. Mr. 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. Mr. Carl Gills, Yampa Valley Medical Center, was present. He stated that the ordinance is fairly straight forward. PUBLIC COMMENT: No one appeared for public hearing. MOTION: Council Member Myller moved and City Council President Pro-Tem Hermacinski seconded 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. The motion carried 7/0. PLANNING COMMISSION REPORT There was no Planning Commissioner present. 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. City Council President 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. City Council President Antonucci read the ordinance title into the record. Council Member Quinn disclosed that he provided technical services to a client in this area. UNANIMOUS CONSENT: Council Member Quinn to remain seated. MOTION: Council Member Ivancie moved and Council Member Myller seconded 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. The motion carried 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. City Council President Antonucci read the project title into the record. City Council President Pro-Tem Hermacinski stepped down. CONDITIONS: 1. Dedicate public access easement for portions of public sidewalk outside of the ROW prior to issuance of building permit. 2. Building permit plans shall include design and construction of sidewalk along Shield Drive including crossing of the ditch at the north property line. 3. Building permit plans shall include design and construction of sidewalk connection and curb ramp meeting ADA standards on Shield Drive to provide crossing to southeast corner of Elk River/ Shield Drive intersection. 4. The following items to be identified on the building permit are considered critical improvements and must be constructed prior issuance of any CA, TCO or CO; they cannot be bonded: a. Public drainage improvements b. Public sidewalk improvements c. Storm water quality features. (Vegetation must be established prior to CO when required as part of the feature design.) MOTION: Council Member Myller moved and Council Member Ivancie seconded to approve the final development plan application for the Sears Center Addition, with conditions 1-4 as presented. The motion carried 6/0. City Council President Pro-Tem Hermacinski stepped down. City Council President Pro-Tem 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. City Council President Antonucci read the project title into the record. Council Member Magill stepped down. Council Member Ivancie disclosed that his employer is an adjacent property owner and has submitted a letter to Council regarding the project. UNANIMOUS CONSENT: Council Member Ivancie to remain seated. Council Member 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. Ms. 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 Americans with Disabilities Act (ADA) accessible. Ms. Rivers further noted that the dimensional standards for setbacks are 10 feet, and the proposed setback does speak to the character of the area. Council Member Quinn stated that the setback may meet the standards, but he does not feel that it is consistent with the neighborhood. City Council President Pro-Tem 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. Council Member Myller added that this area is zoned commercial neighborhood, not residential. Council Member Ivancie voiced concern with a perceived double standard with respect to setbacks. He further spoke to parking in the alleys and snow storage. Council Member Bentley would like to revisit some design guidelines at a future date. PUBLIC COMMENT: Mr. 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. CONDITIONS: 1. Prior to issuance of any certificate of occupancy a pedestrian access easement agreement must be recorded at the Routt County Clerk and Recorder's Office to encompass any public sidewalk that is located on private property. 2. Prior to issuance of any certificate of occupancy as-builts including pipe type, location, length, and tie in detail for storm drain within the right of way shall be submitted to Public Works. 3. At time of building permit submittal and prior to its issuance, the proposed sidewalk along Oak St. must be designed 50 feet beyond the property line showing sidewalk profile to ensure that adjacent properties may someday connect to proposed sidewalk. Construction shall only be required to the property line. 4. The following items to be identified on the building permit are considered critical improvements and must be constructed prior issuance of any TCO or CO; they cannot be bonded: * Public drainage improvements * Public sidewalk improvements * Storm water quality features. (Vegetation must be established prior to CO when required as part of the feature design.) 5. Approval of a Final Development Plan shall remain effective for a period of three (3) years, or until February 5, 2011. If an active building permit has been obtained for the Final Development Plan or part thereof, and the term of approval for the Final Development Plan expires, the development covered under the active building permit may continue; however, the Final Development Plan approval shall be considered expired and no new building permits may be issued based on the expired approval. 6. All required signatures shall be obtained and Sections One (Cover sheet), Two (Site Plan), Three (Building Elevations), and Four (Landscape Plan) of the Final Development Plan and submitted to the Department of Planning Services prior to issuance of Building Permit. 7. All required landscaping, indicated on the Landscaping Plan, shall be installed prior to issuance of a Certificate of Occupancy, or surety shall be posted. 8. Exterior lighting shall comply with City ordinances. Proof of compliance with the ordinance shall be submitted for review and approval of the Planning Director prior to issuance of a Certificate of Occupancy. 9. All improvements shall comply with all applicable sections of the Steamboat Springs Municipal Code and any other applicable relevant plans of affected agencies. 10. A Construction Site Management Plan will need to be provided at the time of building permit application. MOTION: Council Member Ivancie moved and City Council President Pro-Tem Hermacinski seconded to approve the Aragon Offices final development plan with conditions 1-10 as presented. The motion carried 6/0. Council Member Magill stepped down. Council Member Magill returned to the meeting. 13. PROJECT: Wildhorse Meadows, Parcel VII PETITION: Final development plan for a 4 building, 96 unit multi- family development. City Council President Antonucci read the project title into the record. Council Member Quinn stepped down. Mr. McMillan, City Planner, was present. PUBLIC COMMENT: There was no public comment. CONDITIONS: 1. The existing Development Agreement will be amended to reflect the changes in residential density and the number of affordable units permitted by this approval. 2. The applicant will submit an Amenities Plan acceptable to Planning Staff which will demonstrate compliance with Sec. 26-141 (3) a. 3. All fire department access roads shall be dedicated to the City of Steamboat Springs as “Emergency Access Easements” and shall be noted on the Final Plat. The access roads for this Final Development plan are the drive alleys through the surface parking lot. Also a “Dedication of Easement” form supplied by the City shall be completed and recorded by the County Clerk’s Office. 4. When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods are provided. This means any utilities in the road need to be in and the road completed to an all-weather driveable surface and fire hydrants in and accepted by the water purveyor before the Fire Department can sign off on building permits. 5. The applicant will submit a revised phasing plan acceptable to the Department of Planning and Community Development which demonstrates the following additions to the existing phasing plan; * The inclusion of a Phasing Line on the site plan indicating the difference between Phase I improvements and Phase II improvements * Phase I will include onsite access/parking and onsite fire hydrant. * Phase I will include a storm water management plan. * Phase I will include the pedestrian connection from the north to the south through the entire site in the approved location on the existing site plan. 6. The following items to be identified on the building permit and construction plans are considered critical improvements and must be constructed prior issuance of any CO; they cannot be bonded: * Public drainage improvements * Driveway access improvements * Public sidewalk improvements * Storm water quality features. (Vegetation must be established prior to CO when required as part of the feature design.) 7. The Western edge of the Parcel will be landscaped to the maximum extent feasible without encroaching on the existing sewer line easement 8. Prior to Certificate of Occupancy, the applicant will provide a design acceptable to Planning Staff and subsequently construct the following improvements. a. A pedestrian connection across Bangtail Way at the intersection of Cattle Cate Drive and Bang Tail Way b. To the extent that grades and site conditions allow it, a pedestrian connection from the west end of Building C to the Interpretive Trail located to the South of Parcel 7 to be maintained in the summer months. 9. Prior to Certificate of Occupancy, the applicant will provide a design acceptable to Planning Staff which demonstrates Pedestrian Connections from all building entrances associated with buildings A, B, and C to all adjacent sidewalks. MOTION: Council Member Myller moved and City Council President Pro-Tem Hermacinski seconded to approve the Wildhorse Meadows final development plan with conditions 1-9 as presented. The motion carried 6/0. Council Member Quinn stepped down. 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. City Council President Antonucci read the project title into the record. Council Member Quinn stepped down. Mr. 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. Ms. Marianna Ishida, Resort Ventures West, stated that the applicant is in agreement with staff. PUBLIC COMMENT: Mr. John Fielding, Historic Preservation Advisory Commission, 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. Mr. 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. Mr. 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. City Council President Antonucci clarified that it is the City’s intend to find a better home for the barn in the future. MOTION: Council Member Ivancie moved and City Council President Pro-Tem Hermacinski seconded to approve option 1 with the maintenance responsibility going to the property owner, maintaining the barn in stable condition on site. The motion carried 6/0. Council Member Quinn stepped down. Council Member 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. City Council President Antonucci read the project title into the record. Mr. Peasley, City Planner, was present. Council Member 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. Mr. 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: Council Member Ivancie moved and Council Member Myller seconded to approve the 11th and Oak waterbody setback variance request. The motion carried 6/1. Council Member Bentley opposed. REPORTS 16. City Council City Council President 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. Council Member Ivancie: 1. Will be leaving the meeting to attend the Caucus. 2. Participated in the Yampa Valley Housing Authority 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. Council Member 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. Council Member 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: Council Member Ivancie moved and City Council President Antonucci seconded to appoint City Council President Pro-Tem Hermacinski as the representative and Council Member Magill as the alternate. The motion carried 7/0. Council Member 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. Mr. Lettunich had no report. d. Manager’s Report: Ongoing Projects. 1.) Sustainability Management Plan and Green Team update/ Atmos Energy Franchise Fee. Ms. 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. City Council President Antonucci is concerned with increasing the franchise fee because the increase will be passed on to the citizens. City Council President Pro- Tem Hermacinski supports raising the fee to 5 percent to help stimulate people to conserve, and she supports putting that money to the Green Team and the City’s Sustainability Management Plan. Council Member Quinn supports an increase as long as the funds are earmarked for something specific, and he supports them going to the Green Team. Council Members Bentley and Magill agree. Council Members Antonucci and Magill support a 1% increase. PUBLIC COMMENT: No one appeared for public comment. MOTION: City Council President Pro-Tem Hermacinski moved and Council Member Bentley seconded to approve raising the Atmos Energy franchise fee by 2 percent to a total of 5 percent, the funds from the 2 percent increase go to sustainability management. The motion carried 4/2. Council Members Antonucci and Magill opposed. Council Member Ivancie had previously left the meeting. 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. City Council President Pro-Tem Hermacinski provided an amendment to the January 8, 2008 City Council minutes. MOTION: Council Member Quinn moved and Council Member Bentley seconded to approve the January 7, 8, 15, and 22, 2008 City Council minutes as amended. The motion carried 6/0. Council Member Ivancie had previously left the meeting. GENERAL PUBLIC COMMENT: Mr. Towney Anderson, Mainstreet Steamboat Springs, and Ms. 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. Mr. Anderson noted that Ms. Tracy Barnett has spoken with the owners of the Old Town Pub, who support this request. Ms. 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. Mr. John Fielding voiced concern with the 13th Street bottleneck and would like to see the issue brought back to Council. Mr. Eastman stated that many City plans identify traffic issues and staff plans to have detailed discussions on the topic. Mr. 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. ADJOURNMENT MOTION: Council Member Myller moved and Council Member Quinn seconded to adjourn Regular Meeting 2008-04 at approximately 7:17pm. The motion carried 6/0. Council Member Ivancie had previously left the meeting. 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 4th DAY OF March , 2008. STEAMBOAT SPRINGS CITY COUNCIL MINUTES REGULAR MEETING 2008-04 February 5, 2008 16