CITY OF STEAMBOAT SPRINGS REGULAR MEETING NO. 2008-01 TUESDAY, JANUARY 8, 2008 MINUTES Mr. Loui Antonucci, City Council President, called Regular Meeting No. 2008-01 of the Steamboat Springs City Council to order at 3:31pm, Tuesday, January 8, 2008, in Centennial Hall, Steamboat Springs, Colorado. City Council Members present: Loui Antonucci, Cari Hermacinski, Meg Bentley, Steve Ivancie, and Walter Magill. Scott Myller arrived at 3:35pm and Jon Quinn arrived at 3:41pm. 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; Philo Shelton, Director of Public Works; Anja Tribble, City Clerk Staff Assistant; George Krawzoff, Director of Transportation Services; Nancy Engelken, Housing Coordinator; Winnie DelliQuadri, Grants Analyst; Joel Rae, Police Captain; Bob Robichaud, Facilities Maintenance; Bob Litzau, Interim Director of Financial Services; Linda Kakela, Director of Intergovernmental Services; Darrell Randall, Housing Manager; Tom Leeson, Director of Planning Services; Chris Wilson, Director of Parks, Recreation and Open Space; and JD Hays, Director of Public Safety. NOTE: All documents distributed at the City Council meeting are on file in the Office of the City Clerk. Interview Planning Commission applicants. The first half of this interview process occurred on January 7, 2008. On this date City Council interviewed the following people: Warren Harner, Brian Hanlen, Sonja Macys, and Cedar Beauregard. City Council interviewed the following people for Planning Commission: Cynthia Pougiales, Herald Stout, Karen Dixon, Peter Casavecchia, Sarah Fox, Kieran O’Halloran, and William Jameson. By ballot vote City Council appointed the following: Karen Dixon to serve a regular seat until 2009, Sarah Fox to serve s regular seat until 2008 and Brian Hanlen to serve as alternate until 2009. REPORTS (5:30pm) 1. City Council a. Rocky Mountain Rail Association membership. City Council President Pro-Tem Hermacinski stated that it would cost $500 to join; and rail between Craig and Steamboat Springs is on the primary list for funding. Ms. Diane Mitsch Bush, County Commissioner, was present and stated that $500 is the base level of funding. Aspen gives at a higher level and most of the money comes from the Federal Rail Authority through Colorado Department of Transportation. MOTION: Council Member Ivancie moved and Council Member Bentley seconded to approve joining the Rail Association at the $500 level. The motion carried 7/0. b. Yampa Valley Housing Authority Appointment Committee. UNANIMOUS CONSENT: Council Members Antonucci, Ivancie and Myller to serve on the Appointment Committee. 2. Reports a. Agenda Review: 1.) SSRA agenda for January 15, 2008. 2.) City Council agenda for January 15, 2008. 3.) City Council agenda for January 22, 2008. DIRECTION: Ms. Jordan to close the above agendas. Council Member Bentley would like an update on the three dimensional viewing for Yampa Street and Lincoln; would like to review the design criteria for those streets; and get an update on the vacation home rental ordinance. b. Staff Reports No staff reports were provided. c. City Attorney’s Update/Report. Mr. Lettunich had no report. d. Manager’s Report: Ongoing Projects. 1.) Future of Iron Horse property. Ms. DuBord described the scenarios for use of the property. City Council President Pro-Tem Hermacinski provided a spreadsheet with different scenarios. Ms. DuBord spoke to the option of renovating versus only doing immediate repairs and maintenance. City Council President Antonucci noted that the City spent $50-60,000 on interim housing prior to the Iron Horse. Discussion took place relative, but not limited to: the range of possibilities; contracting with a private management company to run the Iron Horse; and private/public partnerships. Council Member Ivancie feels that the immediate needs should be taken care of first, and then continue with the long-term plan. He feels that it is the responsibility of the City to provide work force housing. City Council President Pro-Tem Hermacinski agrees with the need to provide workforce housing like the Iron Horse, but not for large corporations. She feels that private sector housing should be charged the full market rate. She supports the short term direction, revisiting annually. Council Member Quinn agrees, but suggested keeping some of the nightly rentals in the mix. Mr. Darrell Randall, Housing Manager, supports subsidizing the low rent units with the nightly rentals. He stated that a lot of maintenance is needed for the facility, but the first year will be the most expensive and then expenses will drop. PUBLIC COMMENT: Ms. Margaret Berglund encouraged Council to continue to move forward with the Iron Horse. She feels that the City needs to “walk the walk” and affordable housing is not a burden only to be bore by the development community. Mr. Towny Anderson questioned how the Iron Horse “stacks up” to other opportunities to deliver employee units, taking into consideration that the Iron Horse is in service now. He quoted the price of $186,000 a unit, and questioned if there will ever be another opportunity to get that price. He also noted that the City can turn the Iron Horse over to the Housing Authority. Mr. Steve Lewis feels that the Iron Horse is the City’s opportunity to “catch up” on affordable housing. City Council President Antonucci supports moving forward with running the Iron Horse in the same capacity, and putting money into repairs. He feels that the course of time will reveal what the Iron Horse should be used for. Ms. DuBord stated that staff can do current repairs with revenues from nightly rentals, but this is not how the City runs facilities, and the City cannot have substandard facilities. City Council President Pro-Tem Hermacinski would like to face the life/safety issues as to not run up the cost to run the facility. Ms. DuBord stated that this can be accomplished for less money. DIRECTION: Staff to come back with a scope of work for the life/safety upgrades. Mr. Randall noted that there are no leaky roofs; however staff does want to upgrade the electrical. There are no life/safety issues right now, and they have been able to make those types of repairs without outside money. Council Member Bentley supports the City “feeding” the affordable housing, feeling that it is a fair way to participate in the community. She thinks that the Iron Horse was a “good deal” and is in a great location. She supports keeping it, fixing it up, maintaining it, and repairing the roof and electricity on larger scale. She supports upgrading some of the units right away. Council Member Quinn feels that keeping the facility full is the key. He feels that the City has an obligation to minimize the impact on the taxpayers, and supports keeping a diversity of product on the table. Council Member Ivancie feels that people who work in Steamboat Springs should be able to live here. The City has required the development community to provide housing, so the City should do the same. He would like to look at redeveloping some of the units, and improving the facility. He feels that it is important to look at the Iron Horse as an asset and an opportunity to provide housing. Council Member Magill agrees with Council Members Bentley and Quinn. He would like to continue with repairs and maintenance and look into redeveloping units into workforce units in the future. He is not ready to redevelop them all now, maybe half of them. Council Member Myller agrees with Council Member Magill. He feels that the Iron Horse was a good deal and the City needs to keep it. He is concerned that the City is “walking the talk” with taxpayer money and suggested either giving the Iron Horse to the Yampa Valley Housing Authority, or making it work with a public/private partnership. DIRECTION: Staff to come back before spring with a list of immediate repairs and maintenance items, and a list of upgrades. Staff to look into public/private partnerships. Staff to research how to satisfy transitional housing needs and then run the Iron Horse as to make the least impact on the taxpayer. 2.) Rehder Building/Steamboat Art Museum (SAM). Ms. DuBord noted that SAM would like a 25 year lease, and has asked to upgrade the interior to a “vanilla box.” This is not in this year’s budget and structural work includes replacing the roof in 2008. Discussion commended on control of other tenants in the building, office space needs, and the timeline for the tax credits. Ms. DuBord clarified that commercial office space is an option for the second story. Mr. Robert Dieckhoff, SAM, stated that they need the whole building to qualify for the tax credits, and to run a museum. Mr. Jim Cook stated that the goal of SAM is to absorb the entire building, which is a requirement of the property. They need a minimum of 10 years for a lease, however when asking for donations, people want to make sure that SAM will have possession of the property for a longer period of time. PUBLIC COMMENT: Ms. Diane Zahradnik, Antares, stated that they would like a long-term lease with the City, for 10 years or more. Mr. Bill Jameson would like to see pro forma as to how much this will cost. Mr. John Fielding feels that the City needs to support the arts, and possibly charge fair market rent and then subsidize it. GENERAL PUBLIC COMMENT Ms. Kathy Nerney requested that the City expedite her application for new liquor license. She feels that she has met with opposition from the City and voiced concern that the Jade Summit Restaurant has been without a liquor license for 60 days. City Council President Antonucci stated that this application is on next week’s agenda, and then 30 days must pass due to a State of Colorado Liquor Enforcement Division requirement. Ms. Evelyn Berge voiced concern with the Vacation Home Rental permit process, and spoke to a specific client’s trouble with an access agreement. She feels that this part of the application process is cumbersome and unfair. DIRECTION: Staff to look into this and respond to Ms. Berge. Darcy Trask, Colorado Mountain College instructor, spoke to workforce issues. She asked that City Council appoint a representative to attend the Northwest Colorado Workforce Center Board meetings. Mr. Steve Lewis spoke to the Yampa Valley Housing Authority, noting that their mission statement binds them from being a vocal body in the Yampa Valley. Mr. Dillon Duckworth feels that it is the responsibility of the Liquor Authority to make a decision in the Pirate’s Pub matter. He urged Council to grant Ms. Kathy Nerney a liquor license. Mr. Kevin Nerney asked Council to rescind the revocation of the Jade Summit Restaurant liquor license and allow a transfer of ownership to take place. Mr. Towny Anderson spoke to the pre-annexation agreement for the Steamboat 700 parcel and voiced concern with following the Community Development Code. He spoke to the criteria for approval and the opportunity for City Council to lay out its expectations for an annexation. Mr. John Fielding spoke to the City facilitating affordable housing. He suggested offering money to employees to help with affordable housing. He also voiced concern with giving greater authority to the Planning Commission. Return to SAM discussion: Mr. Towny Anderson feels that the bequest terms of the property require that the City operate the entire building as a museum. He feels if this can’t be accomplished, the building should be offered to the private sector. Mr. Wayne Westphale, SAM, asked that Council take a broader view of the cost- benefit of the museum to the City, pointing out the people that it will bring to the community. He stated that he sympathizes with Antares, but it is likely that the restaurant will relocate to another store front in Steamboat Springs. Mr. Ray Zahradnik questioned if a gift shop needs to be part of being a museum. He stated that they have occupied the building for 14 years, and may not relocate if they lose the lease. City Council President Pro-Tem Hermacinski supports providing the space rent- free to SAM, excluding the Antares space. She would like to find a way for Antares to stay in their space and co-exist with the museum. She further stated that it is important to know the actual cost of gifts to the City. Mr. Lettunich read from the property bequest, stating that the property must be designated and preserved as a historic property, and operated as a museum. If that gift fails, it shall become part of the residuary estate. He provided a history of the conversation and intention for the tenants. Council Member Quinn agrees with City Council President Pro-Tem Hermacinski regarding Antares. In the long run if a café is proposed, it is possible that Antares could operate only at night and the museum could operate a café during the day. Council Member Myller stated that this building is a gift that the City took. He feels that Council should direct staff to move forward with option 3: to maximize the benefits and revenues to SAM and give them the entire lease. He does feel that the lease term should be revisited. Council Member Ivancie noted the need to respect the gift, and feels that in the long-term this will be an asset to the City. He thinks that a 25 year lease is a too long. Council Member Magill feels that a museum is an asset and is a gift that is maintained. He would rather see the City do a 15 year lease and allow Antares to stay for 5 years with a lease with the City. He would also like staff to investigate the renovation of the upstairs. Council Member Bentley feels that the Museum should keep the building, but feels that 25 years is too long. She supports a 5 year lease with Antares. Council Member Quinn stated that he has been swayed by Council’s comments and feels it is important to respect the wishes of the Rehders. He supports a 5 year lease with Antares. City Council President Pro-Tem Hermacinski supports a 5 year lease as well. DIRECTION: City Attorney to look into the way tax credits are set up. Staff and SAM to provide a pro forma. Staff to move forward with a 5 year lease with Antares. SAM to eventually take over the entire building. Staff to define the term “vanilla box.” 3.) City’s Liquor Licensing Authority Review. Ms. Jordan stated that staff is recommending that there be two separate divisions, administrative and compliance. City Council would handle the administrative division, and the compliance division would be one person, rather than a committee. Appeals of decisions made by the compliance division would go to District Court. MOTION: Council Member Ivancie moved and City Council President Pro-Tem Hermacinski seconded to approve staff drafting an ordinance to change the make-up of the Liquor Authority. The motion carried 7/0. 3. Community There were no items scheduled for this portion of the agenda. CONSENT CALENDAR: RESOLUTIONS AND ORDINANCES FIRST READINGS 4. MOTION: To re-appoint Assistant Fire Chief Bob Struble and Captain Joel Rae to serve as the City representatives on the Routt County Communication Advisory Board for the year 2008. City Council President Antonucci read the motion into the record. 5. MOTION: Approve submittal of a grant application to the State Historical Fund for $6,000 in grant funds to conduct a Historic Structure Assessment of structures at the Lithia Spring. City Council President Antonucci read the motion into the record. 6. RESOLUTION: A resolution adopting street names in the City of Steamboat Springs: Merriam Drive. City Council President Antonucci read the resolution title into the record. 7. RESOLUTION: A resolution adopting street names in the City of Steamboat Springs: Roosevelt Way. City Council President Antonucci read the resolution title into the record. 8. FIRST READING OF ORDINANCE: An ordinance amending the Steamboat Springs Revised Municipal Code relative to administration and the reorganization of City departments. City Council President Antonucci read the ordinance title into the record. 9. FIRST READING OF ORDINANCE: An ordinance revising the Steamboat Springs 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. 10. FIRST 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. 11. FIRST 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. MOTION: Council Member Myller moved and Council Member Ivancie seconded to approve items 4-11 of the Consent Calendar, a motion to re-appoint Assistant Fire Chief Bob Struble and Captain Joel Rae to serve as the City representatives on the Routt County Communication Advisory Board for the year 2008; a motion to approve submittal of a grant application to the State Historical Fund for $6,000 in grant funds to conduct a Historic Structure Assessment of structures at the Lithia Spring; a resolution adopting street names in the City of Steamboat Springs: Merriam Drive; a resolution adopting street names in the City of Steamboat Springs: Roosevelt Way; first reading of an ordinance amending the Steamboat Springs Revised Municipal Code relative to administration and the reorganization of City departments; first reading of an ordinance revising the Steamboat Springs 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; first 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; and first 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. PUBLIC HEARING: ORDINANCE SECOND READINGS There were no items scheduled for this portion of the agenda. PLANNING COMMISSION REPORT There was no Planning Commission representative present. CONSENT CALENDAR - PLANNING COMMISSION REFERRALS: 12. PROJECT: Airport Park Industrial Subdivision, Lot 1 (The Aviator) PETITION: Development and final development plan to construct 12 live/work units and self storage units totaling 93,780 square feet across 6.8 acres at the old Garden Pit site on Elk River Road, across from the Steamboat Springs Airport. This item was postponed from the November 20, 2007 meeting. This item was pulled from the Planning Consent Calendar for discussion. Council Member Quinn asked if the traffic problems had been addressed. Mr. Keenan stated that the applicant addressed the concerns. An engineer consultant reviewed the traffic flow and Public Works reviewed a letter from the consultant, and had no issues with how it was done. PUBLIC COMMENT: No one appeared for public hearing. DEVELOPMENT PLAN CONDITIONS: 1. The acceptable completion of water and sewer infrastructure is considered “critical improvements” to this project. Building permits for or within this development shall not be approved until such time as the water and sewer infrastructure has been inspected, and granted preliminary acceptance by the City of Steamboat Springs Utility Division. Preliminary acceptance requirements include correction of all punch list items, acceptance of as-builts and record documents and acceptance of any and all necessary easements. Inspections for acceptance shall only occur during the months of May through October. All public water and sewer infrastructure, except for the water line identified as the Phase 2 water line (i.e. the 12” C-900 water line from the northwest corner of the property to the airport), must be constructed at the sole cost of the developer, and the developer must obtain preliminary acceptance on all public water and sewer infrastructure, except for the Phase 2 water line, before any building permits for this development can be approved. The Phase 2 water line must be constructed at the sole cost of the developer, and the developer must obtain preliminary acceptance on the Phase 2 water line infrastructure, before building permits can be approved for buildings one through ten as currently identified on this proposal, or for any buildings other than buildings A, B, and C as currently identified in this proposal. 2. The City understands that the applicant intends to propose an agreement with the City regarding cost sharing of the Phase 2 water line (ie the 12” C-900 water line from the northwest corner of the property to the airport). As of October 22, 2007 there is no such agreement in place. As of October 22, 2007, the City does not have the legal ability to collect latecomers’ fees from other property owners as requested by the developer. The applicant is proceeding at his own risk as to future cost sharing agreements with the City, accepting that it is possible that no cost sharing agreements will ever be in place between the developer and the City. 3. Civil construction plans prepared by a licensed Colorado civil engineer must be submitted to Public Works for review by Public Works, Planning, and City Utilities for review and approval prior to approval of any improvements agreement, building permit, or final plat and prior to the start of any construction. We recommend submitting the construction plans a minimum of five weeks prior to building permit application to allow time for review, comment response, and approval. 4. The developer shall pay his proportionate share of potential future traffic signal improvements at Elk River Rd/US40 intersection, calculated at 0.8% of $500,000 or $4,000. Payment shall be submitted prior to recordation of Final Plat or issuance of building permit, whichever comes first. 5. The applicant shall detain increased stormwater flows resulting from the Aviator development project. Detention shall be provided either onsite or as part of a coordinated detention project with the Airport Meadows project at the intersection of Elk River Road and Copper Ridge Circle. An addendum to the Drainage Report shall be provided to the City along with civil construction documents clearly indicating the proposed improvements and providing proper engineering analysis associated with detention requirements. 6. Recommendations for site distance provision included in analysis letter by CDC dated October 9, 2007 shall be indicated and noted on civil construction documents and constructed prior to issuance of any CO. The Landscape Plan shall be coordinated with this analysis. 7. The following items to be identified for each phase on the 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 * Site regrading or clearing associated with site distance provision along Elk River Road * Storm water quality and detention features. (Vegetation must be established prior to CO when required as part of the feature design.) 8. Front end loaders and industrial sized snow blowers must be utilized to store snow per the snow storage plan FDP4.1. 9. Plan FDP4.1 must be updated to show an all weather surface area between buildings 9 and C as it does for the area south of building 10. 10. The applicant must obtain an easement vacation for the 20-foot utility easement located along the north property boundary of Lot 1, Airport Park Industrial Subdivision. 11. The applicant must replat the Lot 1, Airport Park Industrial Subdivision to remove the 20 foot easement prior to issuance of any Certificate of Occupancy for the project. 12. The applicant must provide planning staff with an Avigation Easement prior to building permit. 13. Dumpsters must be located within an enclosure and the enclosure must match the materials and colors of the surrounding buildings. FINAL DEVELOPMENT PLAN CONDITIONS: 1. The acceptable completion of water and sewer infrastructure is considered “critical improvements” to this project. Building permits for or within this development shall not be approved until such time as the water and sewer infrastructure has been inspected, and granted preliminary acceptance by the City of Steamboat Springs Utility Division. Preliminary acceptance requirements include correction of all punch list items, acceptance of as-builts and record documents and acceptance of any and all necessary easements. Inspections for acceptance shall only occur during the months of May through October. All public water and sewer infrastructure, except for the water line identified as the Phase 2 water line (ie the 12” C-900 water line from the northwest corner of the property to the airport), must be constructed at the sole cost of the developer, and the developer must obtain preliminary acceptance on all public water and sewer infrastructure, except for the Phase 2 water line, before any building permits for this development can be approved. The Phase 2 water line must be constructed at the sole cost of the developer, and the developer must obtain preliminary acceptance on the Phase 2 water line infrastructure, before building permits can be approved for buildings one through ten as currently identified on this proposal, or for any buildings other than buildings A, B, and C as currently identified in this proposal. 2. The City understands that the applicant intends to propose an agreement with the City regarding cost sharing of the Phase 2 water line (ie the 12” C-900 water line from the northwest corner of the property to the airport). As of October 22, 2007 there is no such agreement in place. As of October 22, 2007, the City does not have the legal ability to collect latecomers’ fees from other property owners as requested by the developer. The applicant is proceeding at his own risk as to future cost sharing agreements with the City, accepting that it is possible that no cost sharing agreements will ever be in place between the developer and the City. 3. Civil construction plans prepared by a licensed Colorado civil engineer must be submitted to Public Works for review by Public Works, Planning, and City Utilities for review and approval prior to approval of any improvements agreement, building permit, or final plat and prior to the start of any construction. We recommend submitting the construction plans a minimum of five weeks prior to building permit application to allow time for review, comment response, and approval. 4. The developer shall pay his proportionate share of potential future traffic signal improvements at Elk River Rd/US40 intersection, calculated at 0.8% of $500,000 or $4,000. Payment shall be submitted prior to recordation of Final Plat or issuance of building permit, whichever comes first. 5. The applicant shall detain increased stormwater flows resulting from the Aviator development project. Detention shall be provided either onsite or as part of a coordinated detention project with the Airport Meadows project at the intersection of Elk River Road and Copper Ridge Circle. An addendum to the Drainage Report shall be provided to the City along with civil construction documents clearly indicating the proposed improvements and providing proper engineering analysis associated with detention requirements. 6. Recommendations for site distance provision included in analysis letter by CDC dated October 9, 2007 shall be indicated and noted on civil construction documents and constructed prior to issuance of any CO. The Landscape Plan shall be coordinated with this analysis. 7. The following items to be identified for each phase on the 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 * Site regrading or clearing associated with site distance provision along Elk River Road * Storm water quality and detention features. (Vegetation must be established prior to CO when required as part of the feature design.) 8. Front end loaders and industrial sized snow blowers must be utilized to store snow per the snow storage plan FDP4.1. 9. Plan FDP4.1 must be updated to show an all weather surface area between buildings 9 and C and buildings 6A and 6B as it does for the area south of building 10. 10. The applicant must obtain an easement vacation for the 20-foot utility easement located along the north property boundary of Lot 1, Airport Park Industrial Subdivision prior to issuance of a building permit. 11. The applicant must replat the Lot 1, Airport Park Industrial Subdivision to remove the 20 foot easement prior to issuance of any Certificate of Occupancy for the project. 12. The applicant must provide planning staff with an Avigation Easement prior to building permit. 13. Dumpsters must be located within an enclosure and the enclosure must match the materials and colors of the surrounding buildings. MOTION: City Council President Pro-Tem Hermacinski moved and Council Member Quinn seconded to approve the Airport Park development and final development plans with conditions 1-13 respectively. The motion carried 7/0. 14. PROJECT: Pine Grove Business Center, Filing 2 PETITION: Final development plan application for a 6,864 square foot office building. City Council President Pro-Tem Hermacinski stepped down. CONDITIONS: 1. The applicant will record a final plat of Parcel C reflecting the following items; a. Vacation of the utility easement on the north side of the property b. A shared access easement agreement to encompass the 24 foot wide entrance and 24 foot wide drive aisle along the south property line. c. A pedestrian easement reflecting the location of the soft surface trail. 2. The following items are considered critical improvements and must be constructed prior issuance of any 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) MOTION: Council Member Ivancie moved and Council Member Bentley seconded to approve the Pine Grove Business Center final development plan with conditions 1-2. The motion carried 6/0. City Council President Pro-Tem Hermacinski stepped down. City Council President Pro-Tem Hermacinski returned to the meeting. 13. PROJECT: Worldwest Subdivision, Lot 2 (Curve Court Office Suites) PETITION: Final development plan application for an office building. CONDITIONS: 1. Approval of a Preliminary Plat shall be final as of the date of City Council approval. 2. Revisions to the Preliminary Plat required as a condition of approval shall be made within one (1) year from the date of approval. 3. An approved Preliminary Plat shall lapse and be of no further force and effect if a complete Final Plat application for the subdivision or a phase of the subdivision has not been submitted within any time-frame established by City Council at the time of Preliminary Plat approval, or, if no time- frame was established by City Council, then within three (3) years. 4. The developer must extend water and sewer to all new lots prior to final plat, or provide surety for such improvements. 5. The following items are considered critical improvements and must be constructed prior final plat, or provide surety for such improvements: * 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.) 6. The above listed critical improvements must be completed prior to issuance of any building permits for any of the lots. 15. PROJECT: Howelsen Hill Parcel (Parks and Recreation Maintenance Facility Addition & Remodel) PETITION: Development plan/final development plan application to expand the existing City of Steamboat Springs Parks and Recreation Maintenance Facility. MOTION: Council Member Ivancie moved and Council Member Myller seconded to approve items 13 and 15 of the Planning Consent Calendar; the Worldwest Subdivision final development plan with conditions 1-6; and the Howelsen Hill parcel development and final development plan with no conditions. The motion carried 7/0. PUBLIC HEARING – PLANNING COMMISSION REFERRALS There were no items scheduled for this section of the agenda. OLD BUSINESS 16. Minutes a. Special Meeting SP-2007-16, December 1, 2007. b. Regular Meeting 2007-43, December 4, 2007. d. Regular Meeting 2007-45, December 18, 2007. MOTION: Council Member Ivancie moved and Council Member Bentley seconded to approve the December 1, 4, and 18, 2007 City Council minutes. The motion carried 7/0. c. Regular Meeting 2007-44, December 11, 2007. City Council President Pro-Tem Hermacinski stepped down. MOTION: Council Member Ivancie moved and Council Member Bentley seconded to approve the December 11, 2007 City Council minutes. The motion carried 6/0. City Council President Pro-Tem Hermacinski stepped down. City Council President Pro-Tem Hermacinski returned to the meeting. 17. Council Follow-Up 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. Real estate acquisition of 3 parcels. b. The executive session is authorized pursuant to the following statutory sections, which apply to above topic. §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 Bentley seconded to adjourn Regular Meeting No. 2008-01 at approximately 9:00pm 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 2008-01 at approximately 9:40pm. 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 Linda Kakela. 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. ADJOURNMENT MOTION: Council Member Bentley moved and Council Member Quinn seconded to adjourn Regular Meeting 2008-01 at approximately 9:41pm. 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 2008-01 January 8, 2008 20