CITY OF STEAMBOAT SPRINGS REGULAR MEETING NO. 2008-06 TUESDAY, FEBRUARY 19, 2008 MINUTES Mr. Loui Antonucci, City Council President, called Regular Meeting No. 2008-06 of the Steamboat Springs City Council to order at 5:42pm, Tuesday, February 19, 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; Jonathan Spence, City Planner; Mel Stewart, Battalion Chief; JD Hays, Director of Public Safety; Bob Litzau, Interim Director of Financial Services; Tom Leeson, Director of Planning Services; Joel Rae, Police Captain; Chris Wilson, Director of Parks, Recreation and Open Space; and Dan Foote, Staff Attorney. NOTE: All documents distributed at the City Council meeting are on file in the Office of the City Clerk. 1. Community Reports a. Chamber Special Event Funding Allocation. Ms. Kara Givnish, Steamboat Springs Chamber Resort Association, was present and provided a background of special event funding. She stated that there is approximately $29,000 in funding for an event that was not used in 2007, which they hope to carry over into funds for next year. Discussion took place relative, but not limited to: the Rocky Mountain Hockey Camp application; Touch a Truck and Free Family Fun Fest; and motivator versus satisfier. City Council President Pro-Tem Hermacinski stated that the Chamber was hesitant to ask to carry over the $29,000 because of concern that Council would not fund the full 2008 amount. She stated that she encouraged them that Council would recognize this as wise spending policy. MOTION: Council Member Myller moved and Council Member Ivancie seconded to approve the 2008 Special Events funding, holding the approximately $29,000 in reserve. The motion carried 7/0. CONSENT CALENDAR: RESOLUTIONS AND ORDINANCES FIRST READINGS 2. MOTION: To approve a grant submittal to the Colorado Department of Public Health and Environment for $87,906.04 to purchase an ambulance and related equipment. City Council President Antonucci read the motion into the record. 3. RESOLUTION: A resolution expressing intent to provide matching funds and assurances for Transportation Equity Act for the 21st Century (TEA-21) Grant Funds to construct an extension to the Yampa River Core Trail in Steamboat Springs, Colorado. City Council President Antonucci read the resolution title into the record. *AMENDED 3a. RESOLUTION: A resolution authorizing submission of a grant application to Great Outdoors Colorado for $30,000 to improve the Whistler Park playground, expressing intent to provide annual maintenance of the proposed playground. City Council President Antonucci read the resolution title into the record. 5. FIRST READING OF ORDINANCE: An ordinance approving a lease of a portion of the new Community Center at the Stockbridge Transit Center to Leo Hill Post #44 of American Legion, Inc.; establishing an effective date; authorizing the City Council President or President Pro Tem to execute documents; repealing all conflicting ordinances and resolutions; and providing for severability. City Council President Antonucci read the ordinance title into the record. MOTION: Council Member Ivancie moved and Council Member Myller seconded to approve items 2, 3, 3a, and 5 of the Consent Calendar; a motion to approve a grant submittal to the Colorado Department of Public Health and Environment for $87,906.04 to purchase an ambulance and related equipment; a resolution expressing intent to provide matching funds and assurances for Transportation Equity Act for the 21st Century (TEA-21) Grant Funds to construct an extension to the Yampa River Core Trail in Steamboat Springs, Colorado; a resolution authorizing submission of a grant application to Great Outdoors Colorado for $30,000 to improve the Whistler Park playground, expressing intent to provide annual maintenance of the proposed playground; and the first reading of an ordinance approving a lease of a portion of the new Community Center at the Stockbridge Transit Center to Leo Hill Post #44 of American Legion, Inc.; establishing an effective date; authorizing the City Council President or President Pro Tem to execute documents; repealing all conflicting ordinances and resolutions; and providing for severability. The motion carried 7/0. 4. FIRST READING OF ORDINANCE: An ordinance vacating a portion of the 40 foot wide sewer, utility and trail easement located in Lot 17 of Wildhorse Meadows Subdivision, Filing No. 1, providing an effective date and setting a hearing date. City Council President Antonucci read the ordinance title into the record. 6. FIRST READING OF ORDINANCE: An ordinance vacating a portion of Gondola Lane right-of-way; providing an effective date and setting a hearing date. City Council President Antonucci read the ordinance title into the record. Council Member Quinn stepped down on items 4 and 6. MOTION: Council Member Ivancie moved and Council Member Myller seconded to approve items 4 and 6 of the Consent Calendar, the first reading of an ordinance vacating a portion of the 40 foot wide sewer, utility and trail easement located in Lot 17 of Wildhorse Meadows Subdivision, Filing No. 1, providing an effective date and setting a hearing date; and the first reading of an ordinance vacating a portion of Gondola Lane right-of-way; providing an effective date and setting a hearing date. The motion carried 6/0. Council Member Quinn stepped down. Council Member Quinn returned to the meeting. PUBLIC HEARING: ORDINANCE SECOND READINGS Items 7 and 8 below were heard after the Executive Session at the end of the meeting. 7. SECOND 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. Mr. Foote noted that there are changes to the language on the plat regarding easements being dedicated. PUBLIC COMMENT: Mr. Bob Weiss was present representing the West Acres Ranch Partnership. He stated that this negotiation has been going on for three years and has been very complicated. He is pleased with this outcome and thanked Mr. Lanning and Mr. Foote for their hard work. MOTION: Council Member Ivancie moved and Council Member Bentley seconded to approve the second 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; including the amended language on exhibit A. The motion carried 7/0. 8. SECOND 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. 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 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. The motion carried 7/0. At this time City Council heard agenda item 13a. 9. SECOND 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. PUBLIC COMMENT: No one appeared for public hearing. MOTION: Council Member Ivancie moved and Council Member Myller seconded to approve the second 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. 10. SECOND 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. PUBLIC COMMENT: Mr. Scott Woodford, Patten Associates, questioned how these standards apply to the Steamboat 700 project, noting that the West Steamboat Springs Area Plan calls for them to write their own zoning and design guidelines. Mr. Leeson confirmed this noting that there will be an annexation agreement for the Steamboat 700 project that will include guidelines. Mr. John Fielding spoke to the language in the guidelines that requires native perennials, noting that there are a lot of great perennials that are not native. He supports allowing species that are not indigenous to the Yampa Valley. Council Member Myller stated that the intent of this language was to suggest that landscaping be more like the way it was, but does not preclude using non- native materials. Mr. Spence confirmed that this is the intent. Ms. Donna Howell, Yampa Valley Housing Authority, asked that Council consider areas in the guidelines that add costs and challenge to affordability. She would like to have the chance to review the guidelines. City Council President Pro-Tem Hermacinski would like staff to look at the affordable housing concessions of the Community Development Code and get a report on that part of the ordinance as it currently exists. DIRECTION: Staff to provide this report. Mr. Bill Jameson urged Council to pass the standards as presented and not set up duel standards for affordable housing. MOTION: Council Member Ivancie moved and Council Member Bentley seconded to approve the second 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; including conditions 1-13. The motion carried 7/0. 11. SECOND 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. Council Member Ivancie questioned the process for a contracting with a hearing officer. Ms. Jordan stated that staff will advertise the position and then Council will conduct interviews. The length of the appointment will be at Council’s discretion. Council Member Bentley would like to add language on page 2 of the ordinance, clarifying that appeals go only to District Court. 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 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; as amended by Council Member Bentley. The motion carried 7/0. City Council President Pro-Tem Hermacinski would like staff to do a second ordinance delegating the administrative decisions to the hearing officer as well. Council Member Ivancie feels that it is important for Council to be involved in granting Liquor Licenses to stay abreast of what’s happening in the community. City Council President Pro-Tem Hermacinski stated that appeals of administrative decisions would be made to the Council rather than the District Court. City Council President Antonucci feels there is a perception that Council needs to be accountable to the electorate relative to the establishments in the City. DIRECTION: Staff to bring this forward as an ordinance. 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 12. SECOND 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. City Council President Antonucci read the ordinance title into the record. Council Member Quinn stepped down. PUBLIC COMMENT: No one appeared for public hearing. MOTION: Council Member Bentley moved and Council Member Myller seconded to approve the second 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 6/0. Council Member Quinn stepped down. Council Member Quinn returned to the meeting. EXECUTIVE SESSION: To discuss the topics set forth below. The specific citation to the provision or provisions of C.R.S. §24-6-402, subsection (4) that authorize(s) the City Council to meet in an executive session are also set forth below. The stated topic identifies the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized. a. A discussion regarding agenda items #7 and #8 as set out below: 7. SECOND 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. 8. SECOND 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. b. The executive session is authorized pursuant to the following statutory sections, which apply to above topics. §26-4-402(4)(a). “The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest;” §26-4-402(4)(b). “Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. Mere presence or participation of an attorney at an executive session of the local public body is not sufficient to satisfy the requirements of this subsection (4).” §26-4-402(4)(e). “Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators.” MOTION: Council Member Ivancie moved and Council Member Magill seconded to adjourn Regular Meeting No. 2008-06 at approximately 6:18pm to go into Executive Session for the reasons set forth above. The motion carried 7/0. MOTION: Council Member Ivancie moved and Council Member Myller seconded to come out of Executive Session and reconvene the Regular Meeting 2008-06 at approximately 6:35pm. The motion carried 7/0. Persons attending the Executive Session: Loui Antonucci, Cari Hermacinski, Meg Bentley, Steve Ivancie, Walter Magill, Scott Myller, Jon Quinn, Tony Lettunich, Alan Lanning, and Dan Foote. City Council President Antonucci noted for the record, that if any person who participated in the executive session believes that any substantial discussion of matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, that person should state his/her concerns for the record. No concerns were indicated. Items 7 and 8 shown earlier on the agenda were heard after this Executive Session. REPORTS 13. City Council a. Vision 2030 Citizens’ Committee. MOTION: Council Member Bentley moved and Council Member Myller seconded to approve changes to the Vision 2030 Citizens’ Committee composition and structure; appointment of Kathy Stokes and Marsha Daughenbaugh as co-chairs of Vision 2030; consideration of 2008 roster. The motion carried 7/0. 14. Reports Council Member Magill: 1. Stated that the Chamber Marketing Board would like to have one Council person dedicated to being their representative. UNANIMOUS ONSENT: Council Member Magill to be the representative. Council Member Bentley: 1. Attended last week’s Planning Commission Worksession and would like to provide Council a report at the March 4, 2008 meeting. 2. Noted that the draft Livability Index from Routt County Economic Development Council will be available mid-March. a. Agenda Review: 1.) City Council agenda for March 4, 2008. 2.) City Council agenda for March 11, 2008. DIRECTION: To close the above agendas. Council Member Quinn would like to have a discussion of the Triple Crown contract and Emerald Park. Mr. Wilson stated that this will be on a future agenda. Ms. Jordan noted that for next week’s agenda review meeting City Council President Pro-Tem Hermacinski and City Council President Antonucci will be out of town. She suggested that two Council members go to breakfast with the City Manager instead. UNANIMOUS CONSENT: Council Members Ivancie and Myller to attend. 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. Mr. Lanning reported on the following: 1. Noted that he sent Council an email regarding his schedule. OLD BUSINESS 15. Council Follow-Up City Council President Antonucci spoke to a letter from the Moffat County Commissioners requesting a letter of support of their grant request to Great Outdoors Colorado for soccer fields. MOTION: Council Member Ivancie moved and Council Member Quinn seconded to approve sending a letter of support for Moffat County’s grant request of $200,000 to develop two soccer fields. The motion carried 7/0. GENERAL PUBLIC COMMENT Mr. John Fielding clarified a quote in the paper regarding historic preservation, noting that he was speaking to situations where buildings are threatened with destruction. ADJOURNMENT MOTION: Council Member Ivancie moved and Council Member Quinn seconded to adjourn Regular Meeting 2008-06 at approximately 6:55pm. 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 4th DAY OF March , 2008. STEAMBOAT SPRINGS CITY COUNCIL MINUTES REGULAR MEETING 2008-06 February 19, 2008 12