City Council Agenda for Tuesday, December 16

8/10/2019 City Council Agenda for Tuesday, December 16

http://slidepdf.com/reader/full/city-council-agenda-for-tuesday-december-16 1/178

CITY OF STEAMBOAT SPRINGS

AGENDA

Regular Meeting NO. 2014-24Tue!a"# $e%e&'er 1(# 2014

)*00 PM

MEETING LOCATION: Citi+en, Meeting R&# Centennial all/124 10t Street# Stea&'at Sring# CO

MEETING PROCEDURE: C&&ent r& te Pu'li% are 3el%&e at t3 !ierentti&e !uring te %ure te &eeting* 1 C&&ent n lnger tan tree 56 &inuten ite& nt %e!ule! n te Agen!a 3ill 'e ear! un!er Pu'li% C&&ent/ an! 2C&&ent n lnger tan tree 56 &inute n all %e!ule! u'li% earing ite& 3ill'e ear! ll3ing te reentatin '" Sta r te Petitiner. Pleae 3ait until "u arere%gni+e! '" te Cun%il Prei!ent.

7it te e8%etin u'9e%t 'rugt u !uring Pu'li% C&&ent# n 3i% n a%tin3ill 'e ta:en r a !e%iin &a!e# te Cit" Cun%il &a" ta:e a%tin n# an! &a" &a:e a!e%iin regar!ing# ANY ite& reerre! t in ti agen!a# in%lu!ing# 3itut li&itatin# an"ite& reeren%e! r ;re<ie3=# ;u!ate=# ;rert=# r ;!i%uin=. It i Cit" Cun%il, gal

t a!9urn all &eeting '" 10*00 .&.

PUBLIC COMMENT: Public Comment will be provie !t " p#m#$ or !t t%e en o&t%e meetin'$ (w%ic%ever come) &ir)t*#

CITY CO>NCI? 7I?? MA@E NO $ECISION NOR TA@E ACTION# ECEPT TO $IRECT TE CITYMANAGER. T+O,E ADDRE,,ING CIT- COUNCIL ARE RE.UE,TED TO IDENTI/- T+EM,EL0E,B- NAME AND ADDRE,,# ALL COMMENT, ,+ALL NOT E1CEED T+REE MINUTE,#

ROLL CALL (2:33 PM*

Stea&'at Sring ?iur ?i%ene Autrit" Meeting Ater rll %all# te Cit" Cun%il 3ill a!9urnan! re%n<ene in teir %aa%it" a te Stea&'at Sring ?iur ?i%ene an! ll3 te atta%e!?iur Autrit" agen!a.

At te %n%luin te Stea&'at Sring ?iur ?i%ene Autrit" Meeting# te Cit" Cun%il3ill re%n<ene a te Stea&'at Sring Cit" Cun%il an! r%ee! 3it te ll3ing agen!a*



COMMUNIT- REPORT,4CIT- COUNCIL DI,CU,,ION TOPIC:

Tere are n ite& %e!ule! r ti rtin te agen!a.

CON,ENT CALENDAR: MOTION,$ RE,OLUTION, AND ORDINANCE, /IR,TREADING,

ITEMS ON TE CONSENT CA?EN$AR GENERA??Y RED>IRE ?ITT?E CO>NCI?$E?IBERATION AN$ MAY BE APPROE$ 7IT A SING?E MOTION. ANY MEMBER OF TECO>NCI? OR TE P>B?IC MAY 7IT$RA7 ANY ITEM FROM TE CONSENT CA?EN$ARFOR F>RTER $ISC>SSION AT ANY TIME PRIOR TO APPROA?.

5# RE,OLUTION: A re)olution !c6nowle'in' t%e !ppointment o& !member to t%e Loc!l M!r6etin' Di)trict Bo!r o& Director)# (7eber*

8# RE,OLUTION: A re)olution !ppointin' tru)tee) to t%e E!)t RouttLibr!r9 Di)trict Bo!r# (Delli.u!ri*

# RE,OLUTION: A re)olution !optin' !n enterin' into t%e tru)t!'reement &or t%e Color!o /ire&i'%ter +e!rt !n Circul!tor9 Bene&it)Tru)t# (,m!ll*

;# /IR,T READING O/ ORDINANCE: An orin!nce !menin' Article III o&C%!pter 5< o& t%e ,te!mbo!t ,prin') Revi)e Municip!l Coerel!tin' to willi&e re)i)t!nt cont!iner)= proviin' !n e&&ective !te=

!n )ettin' ! %e!rin' !te (E!rp4,t!bile*

PUBLIC +EARING: ORDINANCE ,ECOND READING,

TE CITY CO>NCI? PRESI$ENT OR PRESI$ENT PRO-TEM 7I?? REA$ EAC OR$INANCETIT?E INTO TE RECOR$. P>B?IC COMMENT 7I?? BE PROI$E$ FOR EERYOR$INANCE.

2# ,ECOND READING O/ ORDINANCE: An orin!nce !menin' C%!pter$ Alco%olic Bever!'e)$ o& t%e ,te!mbo!t ,prin') Revi)e Municip!lCoe= proviin' &or )ever!bilit9= proviin' !n e&&ective !te !n

)ettin' ! %e!rin' !te# (/r!n6lin*

PUBLIC COMMENT: PUBLIC COMMENT 7ILL BE PRO0IDED AT " P#M#$ OR ATT+E END O/ T+E MEETING$ (7+IC+E0ER COME, /IR,T*#

CITY CO>NCI? 7I?? MA@E NO $ECISION NOR TA@E ACTION# ECEPT TO $IRECT TECITY MANAGER. TOSE A$$RESSING CITY CO>NCI? ARE RED>ESTE$ TO I$ENTIFYTEMSE?ES BY NAME AN$ A$$RESS. A?? COMMENTS SA?? NOT ECEE$ TREE



MIN>TES.

PAR>, AND RECREATION COMMI,,ION REPORT

PLANNING COMMI,,ION REPORT

CON,ENT CALENDAR ? PLANNING COMMI,,ION RE/ERRAL,:

ITEMS ON TE CONSENT CA?EN$AR GENERA??Y RED>IRE ?ITT?E OR NO CO>NCI?$E?IBERATION AN$ MAY BE APPROE$ 7IT A SING?E MOTION. A CITY CO>NCI?MEMBER MAY RED>EST AN ITEM5S BE REMOE$ FROM TE CONSENT CA?EN$AR FORF>RTER $ISC>SSION. A?? OR$INANCES APPROE$ BY CONSENT SA?? BE REA$INTO TE RECOR$ BY TIT?E.

@# PROECT: DP?5;?3"# Ori'in!l Town o& ,te!mbo!t ,prin') Bloc6 8

Lot) ?2 (Ol Pilot Builin'*PETITION: Development pl!n !n conition!l reue)t to c%!n'eei)tin' ret!il u)e to !p!rtment$ o&&ice$ re)t!ur!nt !n ret!il#LOCATION: 5382 Lincoln Avenue#APPLICANT: L!6e)ie L!nin'$ c4o !n >!min)6i#PLANNING COMMI,,ION 0OTE: Approve 243 on November 83$ 835;#(,t!u&&er*

PUBLIC +EARING PLANNING COMMI,,ION RE/ERRAL,

P>B?IC EARING FORMAT*

• Preentatin '" te Petitiner 5eti&ate! at 1) &inute. Petitiner t tate na&e an!rei!en%e a!!rel%atin.

• Preentatin '" te Oitin. Sa&e gui!eline a a'<e.

• Pu'li% C&&ent '" in!i<i!ual 5nt t e8%ee! 6 &inute. In!i<i!ual t tate na&e an!rei!en%e a!!rel%atin.

• Cit" ta t r<i!e a rene.

"# ,ECOND READING O/ ORDINANCE: An orin!nce to !men ,ection8@?<8$ U)e Cl!))i&ic!tion)= !men ,ection 8@?;38$ De&inition) !n U)eCriteri!= !n !men ,ection 8@?888$ Pro%ibite ,i'n) (Mobile /oo

Unit)*# (>een!n*

REPORT,

# Cit9 Council

<# Report)



a. Agen!a Re<ie3* 5Fran:lin

1. Regular &eeting anuar" (# 201).

2. Regular &eeting anuar" 20# 201).

53# ,t!&& Report)

a. Cit" Attrne", >!ateRert. 5?ettuni%

'. Cit" Manager, Rert* Onging Pr9e%t. 5in<ar:

ADOURNMENT

BY* >?IE FRAN@?IN# CMCCITY C?ER@



AGENDA ITEM #1.

CITY COUNCIL COMMUNICATION FORM

FROM: Kim Weber, Finance Director (ext. 250)

THROUGH: Deb Hin!ar", #it$ Mana%er (ext. 2&0)

D'T: December *, 20&

+TM: ' RO-UT+O '#KOW-DG+G TH '//O+TMT OF 'MMR TO TH -O#'- M'RKT+G D+TR+#T O'RD OF

D+R#TOR.

1T T/: 'ro!e.

_X_ INFORMATION _X_ RESOLUTION

+. R3UT OR +U:

Local Marketi! Di"trict oar$ o% Director" &e&'er Ste(e Da)e" "*'&itte$ +i"re"i!atio letter e%%ecti(e No(e&'er ,1- ,1/. 0i" ter& e$" Aril 12- ,12. Iaccor$ace )it+ CRS ,34,5416- t+e Cit7 Co*cil &*"t aoit a e) 'oar$&e&'er )it+i t+irt7 89: $a7" a%ter a (acac7 occ*r". T+e Local Marketi!Di"trict oar$ i" re;*e"ti! t+at t+e Cit7 Co*cil aoit M". <ae lack"toe to t+eLocal Marketi! Di"trict oar$ o% Director".

++. R#OMMDD '#T+O: Aro(e.

+++. F+#'- +M/'#T:

Noe.

+4. '#KGROUD +FORM'T+O: Accor$i! to t+e Local Marketi! Di"trict 74La)"- t+e oar$ &a7 reco&&e$ oeor &ore ;*ali%ie$ ca$i$ate" %or %illi! "*c+ (acac7. T+e re&aii! Director" "+all



$eter&ie t+e &aer i )+ic+ alicatio" are re;*e"te$ %ro& ;*ali%ie$ elector"o% t+e Di"trict to %ill "*c+ (acac7. S*c+ &aer &a7 8'*t i" ot re;*ire$ to:icl*$e *'licatio o% otice o% "*c+ (acac7 i a e)"aer o% !eeral circ*latioi t+e Di"trict. T+e re&aii! 'oar$ &e&'er"- or a co&&ittee o% "*c+ 'oar$

&e&'er"- &a7 iter(ie) t+o"e alicat" $ee&e$ ;*ali%ie$ to 'eco&e a Director o%t+e Di"trict.

=o)i! +er a"t e>eriece o t+e LMD oar$ 8Ma7 ,?4No(e&'er ,6:- +erc*rret ri&ar7 a$$re"" 'ei! )it+i t+e LMD o*$arie"- a$ +er o""i'le itere"ti "er(i!- t+e oar$ reac+e$ o*t to M". <ae lack"toe )+e Ste(e Da)e""*'&itte$ +i" re"i!atio letter e%%ecti(e No(e&'er ,1- ,1/. T+e oar$ re(ie)e$M". lack"toe@" c*rret re"*&e a$ (ote$ to reco&&e$ +er aoit&et to t+eoar$ at t+e LMD oar$ &eeti! No(e&'er ,1- ,1/.

U$er"ta$i! t+e li&itatio" o% recr*iti! %or t+i" oar$ o(er t+e a"t "e(eral

7ear" 'eca*"e o% t+e re;*ire&et to li(e )it+i t+e 'o*$arie" o% t+e LMD- alo!)it+ t+e ;*alit7 o% alicat t+e7 +a$- t+e oar$ $eter&ie$ ot to $o a %*llrecr*it&et roce"" )+ic+ +a" ro(e to 'e $i%%ic*lt i t+e a"t. T+i" i" iaccor$ace )it+ t+e c*rret 74La)" a$ %ollo)" C.R.S. ,34,5416.

4. -G'- +U:T+i" roce"" i" i accor$ace )it+ to Colora$o Re(i"e$ State Stat*te" ,34,5411-

Local Marketi! Di"trict Act.

4+. #OF-+#T OR 4+ROMT'- +U:Noe Note$.

4++. UMM'R 'D '-TR'T+4:Re"ol*tio &a7 'e re(i"e$- $elete$ or aro(e$.

-+T OF 'TT'#HMTNoe.



CITY OF STEAMBOAT SPRINGS, COLORADO

RESOLUTION NO. _____

A RESOLUTION ACKNOWLEDGING THE APPOINTMENT OF A

MEMBER TO THE LOCAL MARKETING DISTRICT BOARD OFDIRECTORS.

WHEREAS, in accordance with CRS 29-25-108 the local marketing district mustreplace memers o! its "oard within thirt# $%0& da#s a!ter a 'acanc# occurs( and

WHEREAS, pursuant to this same CRS 29-25-108 the local marketing districtoard must e appointed # the Cit#( and

WHEREAS, "oard )emer Ste'en *awes resigned his seat e!!ecti'e +o'emer21, 201( and

WHEREAS, )r *awes had 1 #ear and !our months remaining on his term onthe "oard( and

WHEREAS, .he "oard met and re'iewed )s "lackstone/s resume and !oundher to ha'e the epertise and communit# interest reuired to e a 'aluale "oard)emer along with her eperience o! eing a prior "oard )emer

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSTEAMBOAT SPRINGS, COLORADO, THAT:

Section 1 )s ane "lackstone o! 1%85 *elta 3ueen Ct in Steamoat Springs,Colorado is appointed to replace Ste'en *awes on the local marketing district oard !orthe remainder o! his term( such term to end 4pril 1, 201

PASSED, ADOPTED AND APPROVED this 1th da# o! *ecemer, 201

____________________________Bart Kouo!"#$, Pr%"&'%t

ATTEST: St%a()oat S*r&+" C&t$ Cou&-

_______________________u-&% Fra#-&, CMCC&t$ C-%r#



AGENDA ITEM #2.


FROM: Winnie DelliQuadri, Gov’t Programs Mgr (Ext. !"#$%ris Painter, &i'rar Dire)tor

*+ROG+: De'ra +insvar-, $it Manager (Ext. /#

D0*E: De)em'er 12, /1

3*EM: 044ointment o5 *rustees to t%e East Routt &i'rar 6oard.

7E8* 9*EP: Motion to a44rove a resolution a44ointing trustees to t%eEast Routt &i'rar Distri)t 6oard.

DIRECTION _ INFORMATION

___ ORDINANCE _X_ MOTION _X RESOLUTION

3. REQE9* OR 399E:

The City of Steamoat S!"i$% e%ta&i%he' the Ea%t Ro(tt Li"a"y Di%t"i)t *ith Ro(ttCo(ty a' the Steamoat S!"i$% RE2 S)hoo& Di%t"i)t. +e" Co&o"a'o Li"a"y La*,meme"% of the -oa"' of T"(%tee% a"e a!!oite' y oit "e%o&(tio of the &e$i%&ati/eo'ie% that e%ta&i%he' the Di%t"i)t, (!o the "e)omme'atio of the Li"a"y -oa"' ofT"(%tee%, 201314356)7. The Ea%t Ro(tt Li"a"y Di%t"i)t -oa"' of T"(%tee% "e)omme'%that Roe"t T. Matteo a' G. Da&e Ri)hey ea)h e a!!oite' to the -oa"' of T"(%tee% fo"te"m% e$ii$ 8a(a"y 4, 2349 a' e'i$ De)eme" :4, 234.

33. RE$OMME7DED 0$*3O7:

Motion to a44rove a resolution a44ointing trustees to t%e East Routt &i'rarDistri)t 6oard.



333. F39$0& 3MP0$*9:

The a!!oite' T"(%tee% *i&& $o/e" the Ea%t Ro(tt Li"a"y Di%t"i)t, i)&('i$ it% fia)ia&o!e"atio%.

3;. 60$<GRO7D 37FORM0*3O7:

Li"a"y Di%t"i)t% i Co&o"a'o a"e e%ta&i%he' i oe of t*o *ay% ('e" Co&o"a'o Li"a"yLa*, eithe" y a /ote of the "e$i%te"e' e&e)to"% *ithi the Di%t"i)t o" y oit "e%o&(tioof oe o" mo"e &e$i%&ati/e o'ie% *ithi the Di%t"i)t, 2013143;, C.R.S. The Ea%t Ro(ttLi"a"y Di%t"i)t *a% e%ta&i%he' i 453 y oit "e%o&(tio of the Ro(tt Co(tyCommi%%ioe"%, the Steamoat S!"i$% City Co()i& a' the RE12 S)hoo& -oa"'. Thememe"% of the -oa"' of T"(%tee% a"e a!!oite' y oit "e%o&(tio of the th"ee&e$i%&ati/e o'ie% that e%ta&i%he' the Di%t"i)t, (!o the "e)omme'atio of the -oa"'of T"(%tee%, !e" 201314356)7.

Li"a"y T"(%tee% m(%t "e%i'e *ithi the Ea%t Ro(tt Li"a"y Di%t"i)t, *hi)h ha% the %ameo('a"ie% of the Steamoat S!"i$% RE2 S)hoo& Di%t"i)t. The Li"a"y<% oa"'"e)"(itmet !"o)e%% )o%i%t% of=

4. +o%ti$ a oti)e of /a)a)y i the Steamoat To'ay, o the Li"a"y *e%ite a' o theLi"a"y<% )omm(ity (&&eti oa"'.

2. Ite"e%te' i'i/i'(a&% )om!&ete a' %(mit a a!!&i)atio fo"m.:. Nomiati$ )ommittee 6ma'e (! of a&& ite"e%te' -oa"' meme"%7 "e/ie*% a!!&i)atio%,

%e&e)t% i'i/i'(a&% to ite"/ie*, a' 'e/e&o!% ite"/ie* >(e%tio%.0. Nomiati$ )ommittee ? -oa"' ite"/ie*% a!!&i)at% a' %e&e)t% )a'i'ate% to

"e)omme' fo" a!!oitmet to the Li"a"y -oa"'.

;. &EG0& 399E9:

Noe.

;3. $O7F&3$*9 OR E7;3RO7ME7*0& 399E9:

Noe at thi% time.

;33. 9MM0R= 07D 0&*ER70*3;E9:

+e" Co&o"a'o Li"a"y La*, the City, a% )o1e%ta&i%he" of the Ea%t Ro(tt Li"a"y Di%t"i)t,m(%t oit&y !a%% a "e%o&(tio a!!oiti$ T"(%tee% "e)omme'e' y the Li"a"y -oa"'.

&39* OF 0**0$+ME7*94.

Re%o&(tio )"eati$ the Ea%t Ro(tt Li"a"y Di%t"i)t i 453.



2. Re%o&(tio a!!oiti$ T"(%tee% to the Ea%t Ro(tt Li"a"y Di%t"i)t -oa"'



Attachment 1




RESOLUTION NO. ________

A RESOLUTION APPOINTING TRUSTEES TO THE EAST ROUTT LIBRARY

DISTRICT BOARD .

WHEREAS, the City of Steamboat Springs established the East Routt LibraryDistrict with Routt County and the Steamboat Springs RE 2 School District in 19!" and

WHEREAS, the appointment of trustees shall be ratified by the legislati#e bodiesof each of the participating go#ernmental units upon recommendation of the $oard of

%rustees of the East Routt Library District &C'R'S' 2()9!)1!&2c**" and

WHEREAS, the management and control of the East Routt Library District is#ested in a $oard of not fewer than fi#e nor more than se#en trustees &C'R'S' 2()9!)1! &1**" and

WHEREAS, a %rustee shall be appointed for a fi#e year term in accordance withthe by)laws of the East Routt Library District $oard &C'R'S' 2()9!)1! &+a** and

WHEREAS, the terms of office of Robert %' atteo e-pires December +1, 2!1("and

WHEREAS, the East Routt Library District $oard of %rustees recommends that

the East Routt Library District $oard increase the number of $oard members from fi#eto si-,

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSTEAMBOAT SPRINGS, COLORADO, THAT:

1) Robert %' atteo and .' Dale Richey each be appointed to the East RouttLibrary District $oard of %rustees for terms beginning /anuary 1, 2!10 andending December +1, 2!19'



PASSED, ADOPTED AND APPROVED this 1th day of December, 2!1('

________________________________Bart !"#!$%&', Pr(%*(#tSt(a+!at S-r#% Ct' C!"#/0

ATTEST:

__________________________________"0( Fra#&0#, CMCCt' C0(r&



AGENDA ITEM #3.


FROM: Anne Small, Director of General Services (Ext. 249!oel Rae, Director of "#$lic Safet% Services (Ext. &&'Mel Steart, Fire )*ief (+9-&

/0RO1G0: De$ 0insvar, )it% Mana3er (Ext. 24

DA/E: Decem$er &, 2&4

5/EM: A RESO61/5O7 ADO"/57G A7D E7/ER57G 57/O /0E /R1S/ AGREEME7/ FOR /0E )O6ORADO F5REF5G0/ER 0EAR/ A7D)5R)16A/OR8 E7EF5/S /R1S/.

7E/ S/E": Si3n an; s#$mit t*e a3reement to t*e /r#st.

X DIRECTIONX RESOLUTION

5. RE<1ES/ OR 5SS1E:

Approve a resoluto! a"opt!# a!" e!ter!# !to a trust a#ree$e!t %or t&e Colora"oFre%#&ter 'eart a!" Cr(ulator) *e!e%ts Trust.

55. RE)OMME7DED A)/5O7:

Sta%% re(o$$e!"s approv!# t&e resoluto! a!" aut&or+e t&e (t) $a!a#er to s#! t&ea#ree$e!t.

555. F5S)A6 5M"A)/S:

E,pe!se- A!!ual !sura!(e pre$u$- /012/

Sour(e o% Fu!"s- Fre Depart$e!t operat!# u"#et 403/1Depart$e!t o% Lo(al A%%ars 3056/



5=. A)>GRO17D 57FORMA/5O7:

I! 21470 t&e Colora"o Ge!eral Asse$l) passe" Se!ate *ll 4784620 9&(& re:ures t&at

%re a#e!(es prov"e %re%#&ters 9t& (overa#e %or &eart or (r(ulator) $al%u!(to!s. T&sll also approprate" so$e %u!"s ;a"$!stere" ) t&e Depart$e!t o% Lo(al A%%ars< to&elp %re a#e!(es prov"e t&s (overa#e to t&er e$plo)ees. Re$urse$e!t %ro$ DOLAo!l) apples to %ull8t$e %re%#&ters 9t& at least / )ears o% (o!t!uous e$plo)$e!t ! t&e%re preve!to! serv(es. T&e Ct) &as 24 :ual%)!# e$plo)ees. I! a""to!0 t&e Ct) 9ll%u!" (overa#e %or ts = e$plo)ees 9t& less t&a! / )ears o% (o!t!uous e$plo)$e!t or9or> o! a part8t$e ass.

T&e Colora"o Fre%#&ter 'eart a!" Cr(ulator) *e!e%ts Trust 9as (reate" to a" t&e state?s%re pro%esso!als a!" a#e!(es (o!ta! t&e &u$a! a!" %!a!(al ur"e!s (reate" )(ar"a( !("e!ts ) prov"!# t&ese $a!"ate" e!e%ts to t&e state?s %re%#&ters. T&eTrust pro#ra$ 9as "es#!e" 9t& !put %ro$ t&e Colora"o @ro%esso!al Fre F#&ters0Colora"o State Fre C&e%s0 t&e state Dvso! o% I!sura!(e0 as 9ell as !"v"uals %ro$$u!(pal0 (ou!t) a!" spe(al "str(t %re a#e!(es.

T&e e!e%ts prov"e" ) t&e Trust 9or> alo!#s"e e$plo)er8prov"e" &ealt& !sura!(e(overa#e to &elp %re%#&ters (ope 9t& t&e %!a!(al toll o% a (ar"a( eve!t.

=. 6EGA6 5SS1ES:

No!e.

=5. )O7F65)/S OR E7=5RO7ME7/A6 5SS1ES:

No!e.

=55. S1MMAR8 A7D A6/ER7A/5=ES:

Cou!(l $a) opt to-

4. Approve t&e resoluto! a!" aut&or+e t&e (t) $a!a#er to s#! t&e a#ree$e!t.2. De!) t&e resoluto!.

3.

Tale t&e te$ a!" prov"e alter!ate "re(to!.




RESOLUTION NO.

A RESOLUTION ADOPTING AND ENTERING INTO THE TRUST

AGREEMENT FOR THE COLORADO FIREFIGHTER HEART ANDCIRCULATORY BENEFITS TRUST.

WHEREAS, under Colorado Revised Statutes, 29-5-302 an employer as definedtherein is required to maintain certain firefighter heart and circulatory malfunctionenefits in accordance !ith and su"ect to the requirements and limitations of said #art3$ and

WHEREAS, in order to provide such enefits, an employer, !hich includes theCity of Steamoat Springs, is authori%ed to participate in a multiple employer healthtrust$ and

WHEREAS, the City Council of the City of Steamoat Springs has authorityunder &rticle '(), Section *+2a of the Colorado Constitution, and Sections *0-3-903.5, 29-*-20*, et seq., and 29-5-302, C.R.S., as amended, to participate !ith otheremployers in a multiple employer health trust for the provision of such enefits and forrelated claims handling, ris/ management, and other functions and services related tosuch enefits$ and

WHEREAS, the City Council has revie!ed the rust &greement for the Colorado1irefighter eart and Circulatory enefits rust, a copy of !hich is attached hereto as

4hiit &, y and through !hich the 6emers as defined therein desire to estalish atrust the 7rust8 and provide a enefit plan that provides firefighter heart andcirculatory malfunction enefits consistent !ith the provisions of #art 3 of &rticle 5 ofitle 29, C.R.S., as specified in the Colorado 1irefighter eart and Circulatory6alfunction enefits #lan the 7#lan8$ and

WHEREAS, the 6emers intend that the rust, together !ith the #lan, shallconstitute an irrevocale trust, eempt from taation under (nternal Revenue CodeSection **5$ and

WHEREAS, the City Council finds that memership and participation in the rust

and #lan !ould e in the est interests of the City of Steamoat Springs, its employeesand its tapayers$ and

WHEREAS, the City Council, y this enactment desires to adopt and enter intothe rust &greement for the Colorado 1irefighter eart and Circulatory enefits rust,and to ta/e other actions in connection there!ith.



NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of SteamoatSprings herey

*. &pproves the contract entitled rust &greement for the Colorado 1irefightereart and Circulatory enefits rust, a copy of !hich is attached hereto as

4hiit & and incorporated into this Resolution y this reference the 7rust &greement8.

2.

&uthori%es the City 6anager to eecute the rust &greement on ehalf of theCity of Steamoat Springs.

3.

:irects that staff transmit to the Colorado 1irefighter eart and Circulatoryenefits rust, 6c;riff, Seiels < =illiams (nc., #> o *539, #ortland, >R

9?20?-*539, an eecuted and attested copies of this resolution and such rust &greement.

@. :esignates 6el Ste!art, 1ire Chief, as its initial 6emer Representative to therust and designates &nne Small, :irector of ;eneral Services as its initial

&lternate Representative to the rust, such persons having the address listedelo!.

City of Steamoat Springs#> o ??50++Steamoat Springs, C> +0@??

5.

Anderstands that !ith the adoption of this resolution and su"ect to the terms ofthe rust &greement, the City of Steamoat Springs ecomes a memer of therust, !ith its participation to commence effective as of the date determined inaccordance !ith the rust &greement.



PASSES, ADOPTED AND APPROVED this *Bth day of :ecemer, 20*@.

Bart Kouno!"#, Pr$!%&$ntSt$a'(oat S)r%n*! C%t# Coun+%

ATTEST-

u%$ Fran"%n, CMCC%t# C$r"



TRUST AGREEMENT

FOR

COLORADO FIREFIGHTER HEART AND CIRCULATORY

BENEFITS TRUST

Exhibit A



TABLE OF CONTENTS

ARTICLE 1 DEFINITIONS........................................................................................................................................... 2

1.1 ADMINISTRATOR .................................................................................................................................................... 21.2 AUTHORIZED I NVESTMENT .................................................................................................................................... 2

1.3 BENEFICIARY ......................................................................................................................................................... 2

1.4 CODE ..................................................................................................................................................................... 2

1.5 CUSTODIAN............................................................................................................................................................ 2

1.6 FISCAL YEAR ......................................................................................................................................................... 2

1.7 I NVESTMENT COMMITTEE...................................................................................................................................... 2

1.8 I NVESTMENT FUND ................................................................................................................................................ 2

1.9 I NVESTMENT MANAGER ......................................................................................................................................... 2

1.10 MEMBERS OR MEMBER .......................................................................................................................................... 2

1.11 MEMBER R EPRESENTATIVE ................................................................................................................................... 3

1.12 PARTICIPANT.......................................................................................................................................................... 3

1.13 PLAN...................................................................................................................................................................... 3

1.14 TRUST .................................................................................................................................................................... 31.15 TRUST COMMITTEE................................................................................................................................................ 3

1.16 TRUST FUND .......................................................................................................................................................... 3

1.17 TRUSTEE ................................................................................................................................................................ 3

ARTICLE II ESTABLISHMENT OF THE TRUST..................................................................................................... 3

2.1 TRUST ESTABLISHED. ............................................................................................................................................ 3

2.2 LIMIT OF I NTEREST – IMPOSSIBILITY OF DIVERSION. ............................................................................................. 3

2.3 TRUST COMMITTEE’S ACCEPTANCE....................................................................................................................... 3

ARTICLE III TRUSTEES AND SUCCESSOR TRUSTEES ........................................................................................ 3

3.1 TRUSTEES. ............................................................................................................................................................. 3

3.2 SUCCESSOR TRUSTEES. .......................................................................................................................................... 4

3.3 COMPENSATION. .................................................................................................................................................... 5

3.4 CHAIR AND OFFICERS; SUB-COMMITTEES. ............................................................................................................ 5

3.5 MEETINGS. ............................................................................................................................................................. 5

3.6 PROXY. .................................................................................................................................................................. 5

3.7 NO DELEGATES...................................................................................................................................................... 5

3.8 QUORUM AND VOTING........................................................................................................................................... 5

3.9 ACTION WITHOUT A MEETING................................................................................................................................ 6

3.10 CONFLICTS OF I NTEREST. ....................................................................................................................................... 6

3.11 OFFICE LOCATION AND MEETING PLACE. .............................................................................................................. 6

3.12 AGENT FOR SERVICE OF LEGAL PROCESS. ............................................................................................................. 6

3.13 R ULES AND R EGULATIONS. .................................................................................................................................... 7

ARTICLE IV DUTIES OF TRUST COMMITTEE....................................................................................................... 7

4.1 DUTIES................................................................................................................................................................... 7

(a) Receipt of Contributions........................................................................................................................................ 7(b) Management of Funds........................................................................................................................................... 7

(c) Payments. .............................................................................................................................................................. 7

(d) Appointment of Administrator............................................................................................................................... 7

(e) Appointments of Investment Committee. ............................................................................................................... 7

ARTICLE V INVESTMENT OF TRUST ASSETS...................................................................................................... 8

5.1 GENERAL I NVESTMENT POWER /I NVESTMENT FUNDS. ........................................................................................... 8

(a) Authority of Investment Committee. ...................................................................................................................... 8



(b) Investment Funds................................................................................................................................................... 8

(c) Funding Policy. ..................................................................................................................................................... 8

5.2 I NVESTMENT MANAGERS....................................................................................................................................... 8

(a) Appointment. ......................................................................................................................................................... 8

(b) Contractual Arrangement...................................................................................................................................... 9

(c) Trust Committee’s Duties...................................................................................................................................... 9

(d) Failure to Direct.................................................................................................................................................... 9

(e) Termination of Appointment.................................................................................................................................. 9

5.3 MANNER AND EFFECT OF DIRECTIONS................................................................................................................... 9

(a) Delegation of Authority to Custodian.................................................................................................................... 9

5.4 AUTHORIZATION OF DESIGNEE(S)........................................................................................................................ 10

ARTICLE VI POWERS OF TRUST COMMITTEE................................................................................................... 10

6.1 GENERAL AUTHORITY. ........................................................................................................................................ 10

6.2 SPECIFIC POWERS. ............................................................................................................................................... 10

(a) Purchase of Property. ......................................................................................................................................... 10

(b) Disposition of Property. ...................................................................................................................................... 10

(c) Retention of Cash. ............................................................................................................................................... 10

(d) Exercise of Owner’s Rights. ................................................................................................................................ 10

(e) Registration of Investments. ................................................................................................................................ 11

(f) Borrowing. .......................................................................................................................................................... 11(g) Purchase of Contracts......................................................................................................................................... 11

(h) Execution of Instruments..................................................................................................................................... 11

(i) Settlement of Claims and Debts........................................................................................................................... 11

(j) Establish Rules and Policies. .............................................................................................................................. 11

(k) Trustee Insurance................................................................................................................................................ 11

(l) Risk Management. ............................................................................................................................................... 11

(m) Delegation........................................................................................................................................................... 12

(n) Employment of Agents, Advisers and Counsel. ................................................................................................... 12

(o) Appointment of Custodian................................................................................................................................... 12

(p) Power to do any Necessary Act. .......................................................................................................................... 12

ARTICLE VII CONTRIBUTIONS TO THE TRUST FUND....................................................................................... 12

7.1 MEMBER CONTRIBUTIONS.................................................................................................................................... 127.2 CONTRIBUTION RATE STRUCTURE........................................................................................................................ 12

7.3 FAILURE TO MAKE CONTRIBUTIONS. .................................................................................................................... 13

7.4 TABOR COMPLIANCE. ........................................................................................................................................ 13

7.5 STATE FUNDING. .................................................................................................................................................. 13

7.6 R EPORTS. ............................................................................................................................................................. 14

ARTICLE VIII PARTICIPATION AND WITHDRAWAL OF MEMBERS............................................................... 14

8.1 PARTICIPATION IN TRUSTBY MEMBERS. .............................................................................................................. 14

8.2 WITHDRAWAL BY MEMBER . ................................................................................................................................ 14

8.3 SUCCESSORS AND ASSIGNS................................................................................................................................... 15

8.4 POWERS OF THE MEMBERS. .................................................................................................................................. 15

8.5 MEETINGS OF THE MEMBERS................................................................................................................................ 15

8.6 MEMBER OBLIGATIONS. ....................................................................................................................................... 16ARTICLE IX ADMINISTRATION............................................................................................................................... 16

9.1 ACCOUNTING. ...................................................................................................................................................... 16

(a) Books and Records. ............................................................................................................................................. 16

(b) Accounting........................................................................................................................................................... 16

(c) Release. ............................................................................................................................................................... 16

(d) Valuations. .......................................................................................................................................................... 17

(e) Reliance on Administrator................................................................................................................................... 17

9.2 EXPENSES. ........................................................................................................................................................... 17



ARTICLE X AMENDMENT OF TRUST; TERMINATION OF PLAN............................................................. 17

10.1 AMENDMENT OF TRUST. ...................................................................................................................................... 17

(a) Right to Amend.................................................................................................................................................... 18

(b) Exclusive Benefit. ................................................................................................................................................ 18

10.2 TERMINATION OF PLAN........................................................................................................................................ 18

10.3 FINAL ACCOUNTING. ............................................................................................................................................ 18

ARTICLE XI MISCELLANEOUS ................................................................................................................................ 18

11.1 NONALIENATION OF BENEFITS............................................................................................................................. 18

11.2 BENEFIT. .............................................................................................................................................................. 19

11.3 EFFECT OF PLAN. ................................................................................................................................................. 19

11.4 DISPUTE R ESOLUTION.......................................................................................................................................... 19

11.5 E NTIRE AGREEMENT. ........................................................................................................................................... 20

11.6 APPROVAL OF THE MEMBERS. ............................................................................................................................. 20

11.7 LIABILITY FOR PREDECESSOR OR SUCCESSOR ...................................................................................................... 20

11.8 LIABILITY FOR ACTS OF OTHERS. ........................................................................................................................ 20

11.9 GOVERNMENTAL IMMUNITY. ............................................................................................................................... 20

11.10 CONTROLLING LAW. ............................................................................................................................................ 20

11.11 EFFECTIVE DATE.................................................................................................................................................. 2011.12 EXECUTION IN COUNTERPARTS. ........................................................................................................................... 20



1 CFHTRUST IGA 11/2014 R5

TRUST AGREEMENT

THIS TRUST AGREEMENT (this “Agreement”) is entered into on this day of

_________________, 2014 (the “Effective Date”) by and between the undersigned Colorado

governmental entities (who, together with and any other Colorado governmental entities that

becomes a participating Member under this Trust, are collectively the “Members”) and theundersigned trustees constituting the “Trust Committee” for the Trust, as defined herein (the

“Trust Committee”).

WITNESSETH:

WHEREAS, the Members are exempt from federal income tax under the Internal

Revenue Code of 1986, as amended, as a state or territory of the United States, or any political

subdivision, municipality or agency thereof, or an agency of such political subdivision or

municipality (including any corporation owned or controlled by any state or territory of theUnited States or by any political subdivision, municipality, or agency); and

WHEREAS, the Members desire by and through this Agreement to provide a benefit plan that provides heart and circulatory malfunction benefits consistent with the provisions of

Part 3 of Article 5 of Title 29, Colorado Revised Statutes (C.R.S.), as specified in the Colorado

Firefighter Heart and Circulatory Malfunction Benefits Plan (the “Plan”); and

WHEREAS, the Members desire for the Trust to accept funds that shall from time to time

be paid over to the Trust Committee in accordance with the terms of this Agreement, together

with the earnings and profits thereon, if any, and to hold the funds in trust (the “Trust”) and tomake disbursements from the Trust in accordance with the provisions of this Agreement and the

Plan; and

WHEREAS, the Members desire to appoint the Trust Committee as a trustee to hold and

administer the assets of the Plan in accordance with this Agreement; and

WHEREAS, the Trust Committee has agreed to serve as trustee of the trust established

under this Agreement; and

WHEREAS, the Members intend that the Trust hereby established, together with the Plan,

shall constitute an irrevocable trust exempt from taxation under Internal Revenue Code Section

115; and

WHEREAS, the Members intend that the Trust hereby established, together with the Plan,shall constitute a multiple employer health trust for the purpose of Part 3 of Article 5 of Title 29,

C.R.S.;

NOW, THEREFORE, the Members and the Trust Committee hereby mutually covenant

and agree as follows:




ARTICLE I

DEFINITIONS

The following words and phrases, when used herein with an initial capital letter, shall have the

meanings set forth below unless a different meaning plainly is required by the context. Any

reference to a section number shall refer to a section of this Agreement unless otherwisespecified.

1.1 Administrator means the person, committee or entity appointed by the Trust Committee

to serve as plan administrator of the Plan. The Administrator shall be retained by the

Trust Committee and shall administer the Plan pursuant to an administrative servicesagreement entered into between the Administrator and the Trust Committee.

1.2 Authorized Investment means and is limited to those investments that are defined as

permissible for investment of public funds in Section 24-75-601 et seq. C.R.S., as ineffect from time to time.

1.3 Beneficiary means any person designated under the terms of the Plan to receive benefits payable upon the death of a Participant.

1.4 Code means the Internal Revenue Code of 1986, as amended.

1.5 Custodian means Wells Fargo Bank, N.A., which shall serve as custodian for the Trust

Fund. To the extent any assets are held by any custodian other than Wells Fargo Bank,

N.A., such party shall also be considered a Custodian for the Trust.

1.6 Fiscal Year means the accounting year of the Trust, which shall commence on January 1

and end on December 31 of each year, except that the first year shall commence on theEffective Date and shall end on the immediately following December 31.

1.7 Investment Committee means the person, committee or entity appointed in accordancewith the terms of the Trust to make and effect investment decisions under the Plan and

Trust. Unless the Trust Committee appoints an Investment Committee, the Trust

Committee shall be deemed to be the Investment Committee.

1.8 Investment Fund means any of the separate funds established by the Investment

Committee for the investment of Plan assets.

1.9 Investment Manager means any person, corporation or other organization or associationappointed by the Trust Committee pursuant to the terms of Section 4.3 to manage,

acquire or dispose of the assets of an Investment Fund.

1.10 Members or Member means those governmental employers listed on Exhibit A and any

other governmental employer that becomes a participating Member under this Trust pursuant to Article VIII, below.




1.11 Member Representative means that person who has been designated in writing by a

Member as its representative to the Trust.

1.12 Participant means an employee or former employee of the Member.

1.13 Plan means the Colorado Firefighter Heart and Circulatory Benefits Plan set forth in Part3 of Article 5 of Title 29, Colorado Revised Statutes, and in the Plan Summary of

Benefits as such Plan may be amended from time to time.

1.14 Trust means the trust established by this Agreement.

1.15 Trust Committee means the Trust Committee appointed pursuant to Section 3.1 of this

Trust Agreement, acting as a group or body.

1.16 Trust Fund means the total amount of cash and other property held in the Trust under

this Agreement.

1.17 Trustee means the Trust Committee members and their successors as provided by this

Agreement.

ARTICLE II

ESTABLISHMENT OF THE TRUST

2.1 Trust Established. The Members hereby establish with the Trust Committee, as afunding medium for the Plan, a Trust consisting of the Trust Fund and such earnings,

profits, increments, additions and appreciation thereto and thereon as may accrue from

time to time.

2.2 Limit of Interest - Impossibility of Diversion. It shall be impossible at any time for any

part of the Trust to be used for or diverted to purposes other than for the exclusive benefit

of the Participants and Beneficiaries covered under the Plan, except that the payment oftaxes and administration expenses may be made from Trust funds as hereinafter provided.

Funds of the Trust may not be transferred to any other account or fund of a Member.

2.3 Trust Committee’s Acceptance. The Trust Committee accepts the Trust hereby created

and agrees to perform the duties hereby required of the Trust Committee.

ARTICLE III

TRUSTEES AND SUCCESSOR TRUSTEES

3.1 Trustees. The Trust shall be administered by the Trust Committee. The Trust Committee

shall be comprised of seven (7) individual Trustees; provided, however, that the TrustCommittee shall be deemed duly constituted and may commence operations of the Trust upon

seating of and execution of this Agreement by four (4) initial Trustees. Each Trustee must be a

Participant and current employee of a Member, except as provided below. Trustees shall be




appointed by the Board of Directors of the Colorado State Fire Chiefs (“CSFC Board”) from

among the following:

(a) One Trustee who is a Member Representative from a fire district or fire authority

serving an area having less than thirty thousand (30,000) in population;

(b) One Trustee who is a Member Representative from a fire district or fire authority

serving an area having more than thirty thousand (30,000) in population;

(c) One Trustee who is a Member Representative from a municipality having less than

thirty thousand (30,000) in population;

(d) One Trustee who is a Member Representative from a municipality having more thanthirty thousand (30,000) in population;

(e) One Trustee who is a Participant and officer of the Colorado Professional Firefighters

Association (“CPFF”), who is designated for appointment by CPFF; and

(f) Two Trustees who are Member Representatives from two other Members of any sizeor type, who are elected or appointed officials or employees of the Member and are

not firefighters eligible for participation in the Plan.

Nominations for Trustees from the Members and CPFF shall be made by elected governing bodyof the Member (i.e., district board of directors, city council, CPFF Board of Directors) and be

submitted to the CSFC Board at such time as the CSFC Board may provide. Terms of the

Trustees shall be two-year, overlapping terms or until their successors have been appointed,except that among the initial Trustees, four of them shall serve an initial term of two years and

three of them shall serve an initial term of one year as set for below so as to establish the

staggering of terms. The term shall begin on a January 1, and end at midnight on a December31, except that the initial undersigned Trustees’ terms shall begin upon the formation of the

Trust.

A vacancy shall occur on the Trust Committee when a Trustee (1) submits a written resignation

to the Trust Committee; (2) dies; (3) ceases to be a Participant; (4) ceases to be a Member

Representative, except in the case of the CPFF Trustee to whom such requirement (4) does not

apply; (5) fails to attend three consecutive regular meetings of the Trust Committee without theCommittee having entered upon the record its proceedings an approval for an additional absence

or absences, except that such additional absence or absences shall be excused for temporary

mental or physical disability or illness; or (6) is convicted of a felony. Any vacancy on the TrustCommittee shall be filled by appointment by the CSFC Board for the unexpired portion of the

term. Upon appointment and written acceptance thereof, a successor Trustee shall have all the

title, rights, powers and privileges and duties conferred or imposed upon the initial or predecessor Trustee.

3.2 Successor Trustees. No successor Trustee need examine the accounts, records and acts

of any previous Trustee of any allocation of the Trust assets, nor shall such successor Trustee be




responsible for any act or omission to act on the part of any previous Trustee. All Trustees and

their successors from time to time acting under this Agreement shall have all the rights, powers

and duties of the initial Trustees named in this Agreement, unless this Agreement is amended to provide otherwise.

3.3 Compensation. The Trustees shall receive no compensation for their services renderedunder this Agreement other than any compensation as an employee of a particular Member. The

Trust Committee may adopt policies to reimburse Trustees for actual meeting expenses and

attendance at the Trust Committee meetings and other properly incurred expenses on Trustmatters.

3.4 Chair and Officers; Sub-Committees. The officers of the Trust Committee shall be the

chair, vice chair and secretary. The officers shall be appointed by the Trust Committee fromamong its members. Appointment of officers shall occur at the first meeting of the Trustee

Committee each year. The Trust Committee may establish sub-committees necessary or

appropriate to the exercise of its powers.

3.5 Meetings. The Trust Committee shall determine the time and place of its regular

meetings. Special meetings of the Trust Committee may be called by the chair or by three (3)Trustees. The Trustees shall be provided with at least ten (10) days prior written notice

designating the time, place and agenda of a regular meeting and three (3) days prior written

notice designating the time, place and agenda of any special meeting. The manner of giving

notice of meetings may include, without limitation, service by electronic mail to the Trustee’s e-mail address. Regular and special meetings of the Trust Committee may be held by telephone or

electronic (internet-based) conference call. Any meeting at which all Trustees are present in

person, or concerning which all Trustees have waived notice in writing, shall be a valid meetingwithout the requirement to provide any notice.

3.6 Proxy. Any Trustee may duly authorize in writing another Trustee to cast a vote on one(1) or more specific matters to be voted on at a meeting, on behalf of such Trustee. Any such

written authorization must specify the matter or matters and be given for a specific meeting and

may not carry over to subsequent meetings.

3.7 No Delegates. A Trustee and/or the Trustee’s Member Representative may not appoint a

delegate to serve in his or her place.

3.8 Quorum and Voting.

(a) To constitute a quorum at any regular or special meeting of the Trust Committeeand for any action to be valid at such meeting, there must be present in person or

by proxy at least four (4) of the seven (7) Trustees.

(b) Valid actions at meetings at which a quorum is present require the affirmative

vote of a simple majority of those Trustees present and voting, except where an

absolute majority is expressly required. Each Trustee shall cast his or her vote on

each matter upon which action is taken, except where abstention from voting is




required because of conflict of interest.

(c) To approve the following items, an absolute majority vote (as defined below) isrequired:

(1) Annual budget;

(2) Incurring any debt other than liabilities in the ordinary course of business;

and

(3) Settling any litigation involving the Plan or Trust.

An absolute majority vote is the affirmative vote of at least four (4) Trustees.

3.9 Action without a Meeting. Any action that may be taken at a meeting of the Trust

Committee may be taken without a meeting upon the written consent of a sufficient number of

the Trustees otherwise required to approve such action at a meeting and shall be effective on thedate of the last consent, unless two (2) or more Trustees object to taking the action without a

meeting. A copy of such written consent, signed by the Trustees, shall be provided within ten(10) days of the effective date of the consent to each Trustee. Consent may be signified by a

signature of the Trustee on a written consent or by an electronic means, such as an affirmative

email response to a request for confirmation of favorable action on a matter, approval of a

specific resolution, etc.

3.10 Conflicts of Interest. Trustees should avoid the appearance of impropriety. A Trustee

shall exercise care that the Trustee’s independent judgment in the discharge of Trust Committeeresponsibilities is not impaired as a result of conflicts between the interests of the Trust and the

Trustee’s own financial interests or personal interests, or the financial interests or personal

interests of the members of the Trustee’s family or associates. A Trustee shall not vote or decideupon any matter relating solely to himself or herself or vote in any case in which his or her

individual right or claim to any benefit under the Plan is particularly involved or in which he or

she otherwise has a conflict of interest. In the event that a Trustee believes that he or she has aconflict of interest, the Trustee shall disclose the conflict to the Trust Committee and shall refrain

from participating in the matter to which the conflict relates. The minutes of the meeting where

the disclosure is made shall reflect the disclosure and the fact of the Trustee having abstained

from participation in the matter. A Trustee shall not use confidential information acquired in thecourse of the performance of Trust Committee responsibilities to further that Trustee’s own

financial interests or personal interests, or the financial interests or personal interests of the

members of the Trustee’s family or associates.

3.11 Office Location and Meeting Place. All meetings of the Trust Committee shall be held

at a place designated at least annually by the Trust Committee, or the chair, if the TrustCommittee is unable to reach an agreement regarding a meeting location. The Trust shall have its

principal office at 433 S. Allison Parkway, Lakewood, CO 80226.

3.12 Agent for Service of Legal Process. The designated agent for service of legal process




shall be Samuel J. Light, Light Kelly, P.C. 101 University Blvd., Suite 210, Denver, Colorado

80206, or any successor agent as the Trust Committee shall designate.

3.13 Rules and Regulations. The Trust Committee shall have the power at any regular or

special meeting to adopt bylaws, rules, regulations and policies for the administration of the

Trust, and for the conduct of the affairs of the Trust Committee. Any bylaws, rules, regulationsand policies of the Trust Committee shall be consistent with the written provisions of the Trust

Agreement, and shall be binding upon all persons dealing with the Trust and upon any and all

persons claiming any benefits under the Plan.

ARTICLE IV

DUTIES OF TRUST COMMITTEE

4.1 Duties. It shall be the duty of the Trust Committee:

(a) Receipt of Contributions. To receive any contributions paid to it under this

Agreement in cash or in other property acceptable to the Trust Committee. TheTrust Committee shall not be responsible for the calculation or collection of anycontribution required to be paid by the Member to the Trust under the Plan, but

shall be responsible only for property actually received by it pursuant to this

Agreement.

(b) Management of Funds. To hold, invest, reinvest, manage and administer

(except as otherwise provided herein) all contributions so received, together with

the income therefrom and any other increment thereon, for the benefit ofParticipants and their Beneficiaries in accordance with the terms of this

Agreement.

(c) Payments. To direct payments under the Plan; provided, however, that the Trust

Committee may rely upon the directions received from the Administrator, and the

Administrator hereby indemnifies the Trust Committee from any loss, claim,damage or liability, including legal expenses, that may arise in connection with

the Trust Committee’s acting upon such direction.

(d) Appointment of Administrator. To appoint such person, committee or entity as

the Trust Committee shall determine to serve as Administrator of the Plan, and to

contract with the Administrator for provision of its services. The Trust

Committee shall have the power to terminate the appointment of the

Administrator upon written notice with or without cause.

(e) Appointment of Investment Committee. To appoint as the InvestmentCommittee such person, committee or entity as the Trust Committee shall

determine to make and effect investment decisions under the Plan and Trust;

provided, however, that the Trust Committee may appoint itself as the InvestmentCommittee.




ARTICLE V

INVESTMENT OF TRUST ASSETS

5.1 General Investment Power/Investment Funds.

(a) Authority of Investment Committee. Except as provided in Sections 5.2 and5.3, the Investment Committee shall have all authority and responsibility for the

management, disposition and investment of the Trust Fund, and the TrustCommittee shall comply with directions of the Investment Committee. The

Investment Committee shall not issue any directions that are in violation of the

terms of the Plan or this Agreement.

(b) Investment Funds. The Trust may be divided into one or more separate

Investment Funds, the number, makeup and description of which shall be

determined from time to time by the Investment Committee. The TrustCommittee shall implement, terminate, value, transfer to and from and allocate

the gains, losses and expenses among the Investment Funds in accordance withthe proper directions of the Investment Committee, the Administrator, or theirdelegates, and, to the extent applicable under the terms of this Agreement, the

directions of Investment Managers.

(c) Funding Policy. The Trust Committee shall have responsibility for selecting or

establishing and carrying out a funding policy and method, consistent with the

objectives of the Plan. The Trust Committee shall be responsible for the proper

diversification of the Trust Fund, for the prudence of any investment of Trustassets consistent with State law, for compliance with statutory limitations on the

amount of investment in securities, and for assuring that any such investments

meet the requirements of State law.

5.2 Investment Managers.

(a) Appointment. The Investment Committee may, but shall not be required to,

appoint one or more Investment Managers to manage the assets of all or any one

or more of the Investment Funds. Each such Investment Manager shall be either(i) registered as an investment adviser under the Investment Advisers Act of 1940;

(ii) a bank, as defined in such Act; or (iii) an insurance company qualified to

perform the services of Investment Manager under the laws of more than one

state. The Investment Committee shall obtain from any Investment Manager so

appointed by it a written statement acknowledging (i) that such InvestmentManager is or on the effective date of its appointment will become a fiduciary

with respect to the Trust assets under its management; (ii) certifying that suchInvestment Manager has the power to manage, acquire or dispose of Trust assets

in the manner contemplated by the contract or other written instrument by which

its appointment is or will be effected; and (iii) certifying that it is either aninvestment adviser, a bank or an insurance company which is qualified to be

appointed as an Investment Manager under this Agreement.




(b) Contractual Arrangement. The Investment Committee shall enter into a written

contract or agreement with each such Investment Manager in connection with itsappointment as such, and such contract shall be subject to such terms and

conditions and shall grant to the Investment Manager such authority and

responsibilities in the management of the applicable Investment Fund assets as theInvestment Committee deems appropriate under the circumstances. Without

limiting the generality of the foregoing, such contract may establish investment

objectives for the assets of the Investment Fund(s) under the management of theInvestment Manager and may limit the types of assets that may be acquired or

held by such Investment Fund(s).

(c) Trust Committee’s Duties. With respect to each Investment Fund themanagement of which has been delegated to an Investment Manager, the Trust

Committee shall follow and carry out the instructions of the appointed Investment

Manager with respect to the acquisition, disposition and reinvestment of assets of

such Investment Fund, including instructions relating to the exercise of allownership rights in such assets.

(d) Failure to Direct. In the event that an appointed Investment Manager shall fail to

direct the Trust Committee with respect to investment of all or any portion of the

cash held in an Investment Fund under its management, the Trust Committee shall

invest such cash only when and as directed by the Investment Committee.

(e) Termination of Appointment. The Investment Committee shall have the power

to terminate the appointment of an Investment Manager upon written notice withor without cause. Upon the termination of the appointment of an Investment

Manager, the Investment Committee shall (i) appoint a successor Investment

Manager with respect to the Investment Fund(s) formerly under the managementof the terminated Investment Manager, (ii) direct the Trust Committee to merge or

combine such Investment Fund(s) with other Investment Fund(s) or Trust assets,

or (iii) direct the Trust Committee to invest the assets of such Investment Fund asthe Investment Committee deems appropriate in accordance with the existing

funding policy.

5.3 Manner and Effect of Directions.

(a) Delegation of Authority to Custodian. The Custodian is delegated the authority

and responsibility for receiving and carrying out the directions of the TrustCommittee, the Administrator, the Investment Committee, any Investment

Manager or their designees. With respect to any assets held by a party other than

Trust Committee, the Trust Committee is authorized and directed to delegate tothe Custodian the authority and responsibility for receiving and carrying out the

directions of the Investment Committee, any Investment Manager or their

designees. The Trust Committee is authorized and directed to enter into such




agreements with another Custodian as are deemed necessary or appropriate to

effect such delegation.

5.4 Authorization of Designee(s). The Administrator and the Investment Committee may

each appoint one or more designees to act on their behalf. If a designee (or designees) is

appointed, the appropriate committee shall furnish the Trust Committee with writtendocumentation of the appointment and a specimen signature of each designee. The Trust

Committee shall be entitled to rely upon such documentation until the Trust Committee is

otherwise notified in writing.

ARTICLE VI

POWERS OF TRUST COMMITTEE

6.1 General Authority. In accordance with the directions of the Investment Committee and

any Investment Managers as provided in Article V, the Trust Committee shall receive,hold, manage, convert, sell, exchange, invest, reinvest, disburse and otherwise deal with

the assets of the Trust, including contributions to the Trust and the income and profitstherefrom, without distinction between principal and income and in the manner and forthe uses and purposes set forth in the Plan and as hereinafter provided.

6.2 Specific Powers. In the management of the Trust, the Trust Committee shall have thefollowing powers in addition to the powers customarily vested in trustees by law and in

no way in derogation thereof; provided, all such powers shall be exercised only upon and

in accordance with the directions of the Investment Committee and, to the extent

applicable, any duly appointed Investment Managers:

(a) Purchase of Property. With any cash at any time held by it, to purchase or

subscribe for any authorized investment (as defined in Section 6.3) and to retainthe same in trust.

(b) Disposition of Property. To sell, exchange, transfer or otherwise dispose of any property at any time held by it.

(c) Retention of Cash. To hold cash without interest in administrative accounts forcontribution and distribution processing in such amounts as may be reasonable

and necessary for the proper operation of the Plan and the Trust.

(d) Exercise of Owner’s Rights. The Members acknowledge and agree that the

Trust Committee shall have the right or power to vote proxies appurtenant tosecurities that it holds. The Members acknowledge and agree that the Trust

Committee shall have the power to make any review of, or consider the proprietyof, holding or selling any assets held in the Trust Fund in response to any tender

offer, conversion privilege, rights offering, merger, exchange, public offering

and/or any proxy action for any of such assets.




(e) Registration of Investments. To cause any stock, bond, other security or other

property held as part of the Trust to be registered in its own name or in the nameof one or more of its nominees; provided, the books and records of the Trust

Committee shall at all times show that all such investments are part of the Trust.

(f) Borrowing. To the extent permitted by State law and at the direction of the

Investment Committee, to borrow or raise money for the purposes of the Trust in

such amounts, and upon such terms and conditions, as determined by theInvestment Committee; and, for any sum so borrowed, to issue its promissory

note as Trust Committee and to secure the repayment thereof by pledging all or

any part of the Trust Fund to the extent permitted by State law; and no person

lending money to the Trust Committee shall be bound to see to the application ofthe money lent or to inquire into the validity, expediency or propriety of any such

borrowing.

(g) Purchase of Contracts. To apply for, purchase, hold, transfer, surrender andexercise all incidents of ownership of any insurance, re-insurance, excess or stop

loss insurance or annuity contract that the Trust Committee determines or theInvestment Committee directs it to purchase or that is necessary or appropriate to

carrying out the purposes of the Plan. The Trust Committee shall endeavor to

obtain stop loss insurance to provide coverage for payment of benefits under the

Plan above specified per claim and aggregate limits, provided such stop losscoverage can be obtained at a reasonable cost as determined by the Trust

Committee.

(h) Execution of Instruments. To make, execute, acknowledge and deliver any and

all documents of transfer and conveyance and any and all other instruments,

which may be necessary or appropriate to carry out the powers herein granted.

(i) Settlement of Claims and Debts. To settle, compromise or submit to arbitration

any claims, debts or damages due or owing to or from the Trust, to commence ordefend suits or legal or administrative proceedings and to represent the Trust in all

suits and legal and administrative proceedings.

(j) Establish Rules and Polices. To establish, to the extent consistent with thisAgreement and the Plan, rules and policies necessary or appropriate to the

administration of the Trust or the carrying out of the powers herein granted;

(k) Trustee Insurance. To purchase on behalf of the Trust Committee and the

Investment Committee, trustees’ errors and omissions insurance or similar

coverage in such amounts as are recommended by a licensed insurance broker for benefit plans and a trust of similar size and purpose.

(l) Risk Management. To establish reasonable risk management policies and

procedures.




(m) Delegation. To delegate in writing fiduciary responsibilities or ministerial

powers and duties to such officers, agents, representatives and independentcontractors as determined desirable, provide such delegation does not conflict

with the provisions of this Agreement or the Plan.

(n) Employment of Agents, Advisers and Counsel. To employ suitable agents,

actuaries, auditors, accountants, investment advisers, brokers and counsel, and to

pay their reasonable expenses and compensation.

(o) Appointment of Custodian. The Trust Committee shall designate a custodian to

hold Trust assets. The Trust Committee may change the custodian upon an

affirmative vote of four (4) Trustees.

(p) Power to do any Necessary Act. To do all acts which it may deem necessary or

proper and to exercise any and all powers under the Plan and this Agreement upon

such terms and conditions as it may deem in the best interests of the Trust.

6.3 Authorized Investments.

(a) General Definition. “Authorized investment” as used in this Article VI shall

mean and be limited to those investments that are defined as permissible for

investment of public funds in Section 24-75-601 et seq. C.R.S., as in effect fromtime to time.

(b) Responsibility for Compliance. The responsibility for determining whether anyinvestment of Trust assets complies with the terms of this Agreement and

applicable law shall lie solely with the Trust Committee.

ARTICLE VII

CONTRIBUTIONS TO THE TRUST FUND

7.1 Member Contributions. Subject to the limitations of this Agreement, each Member

shall pay or cause to be paid contributions to the Trust at such times and in the amountsdetermined by the Trust Committee as are necessary to ensure funding of the Trust is sufficient,

that operation of the Trust is not hazardous to the public or Participants or which the Trust

Committee otherwise deems beneficial to protect the financial condition of the Trust. The TrustCommittee shall establish Member contributions consistent with this Agreement, the Plan and

any guidelines consistent with this Agreement and the Plan as established by the TrustCommittee from time-to-time.

7.2. Contributions on Annual Basis; Rate Structure. The contribution rate structure for

Member contributions shall provide for contributions to be made on an annual basis.

Contributions shall be sufficient to fund the projected benefits and applicable expenses for theParticipants receiving benefits under the Plan.




7.3 Failure to Make Contributions.

(a) If any Member fails to make its Member contribution to the Trust within thirty(30) business days after the date on which they are due, such contributions shall

bear interest from the date due at the rate of return for the three (3) month LIBOR

rate set on the date when such contribution was first due plus one percent (1%),compounded monthly.

(b) Any other Member may, with the consent of the Administrator, make thecontribution on behalf of the delinquent Member and, such amount shall become

a debt of the delinquent Member to the contributing Member.

(c) The Trust Committee has the right, upon an affirmative vote of four (4) Trustees,with any Trustees from a Member in default excluded from the vote, should the

delinquent Member not cure the delinquency within thirty (30) calendar days after

the Administrator provides written notice to the Member of its delinquency, to

terminate:

(1) such Member’s participation in the Plan and Trust at the end of anadditional thirty (30) calendar day notice period or the end of the Plan year

of the Member’s delinquency, if earlier, if such delinquency is not cured,

and

(2) upon such termination, no claims submitted by Participants of the

delinquent Member for benefits subsequent to the date of the termination,

shall be paid by the Trust.

(d) The Trust Committee also has the right, upon an affirmative vote of four (4)

Trustees, with any Trustees from the Member in default excluded from the vote,to notify the Participants of such delinquent Member that such Member’s

participation in the Plan and Trust has been or will be terminated.

(e) Nothing herein, however, shall relieve the delinquent Member of its responsibility

for benefits payable to its Participants.

7.4 TABOR Compliance. This Agreement does not create a multiple fiscal year direct orindirect debt or other financial obligation. All financial obligations of a Member under this

Agreement are contingent upon appropriation, budgeting, and availability of specific funds to

discharge such obligations. No Member’s contribution for any Fiscal Year shall exceed theannual contribution billed for such Fiscal Year unless additional funds for payment thereof have

been appropriated by the Member.

7.5 State Funding. For benefits required under Section 29-5-302, C.R.S., no Member shall

be required without its consent to make a contribution for a Fiscal Year in excess of the amount

of state funding paid or payable to the Member under Section 29-5-302(11), C.R.S. for that

Fiscal Year. There is reserved to the Members and to the Trust the right set forth in Section 29-




5-302(12) C.R.S., providing that if, at any time, the state funding provided for the benefit

required by Section 29-5-302, C.R.S. is insufficient to cover the cost of the benefit, then the

requirements of Section 29-5-302, C.R.S. to maintain the benefit shall become optional pursuantto Section 29-1-304.5. C.R.S. The Trust Committee may establish guidelines consistent with this

Agreement governing any exercise of the right under said Section 29-5-302(12), C.R.S.

7.6 Reports. The Trust Committee shall provide reports needed for purposes of

administration of this Agreement and the Plan.

ARTICLE VIII

PARTICIPATION, WITHDRAWAL AND OBLIGATIONS OF MEMBERS

8.1 Participation in Trust by Members. The initial participating Members in the Trust are

as set forth on Exhibit A. Additional Members may participate in the Trust subject to theapproval of the Trust Committee, which participation shall be effective as of the beginning of the

next Fiscal Year or such other date as determined by the Trust Committee. Participation in the

Trust is limited to those employers who are governmental entities participating for purposes ofPart 3 of Article 5 of Title 29, C.R.S. The Trust Committee reserves the right to require a new

participating Member at the time of joining the Trust to contribute to the reserves of the Trust or

to make such other appropriate financial contribution as determined by the Trust Committee. The

Trust Committee may reject requested participation by any additional Member for any reason.To participate in the Trust, a Member must properly adopt and enter into this Trust Agreement,

which shall be evidenced by providing to the Trust Committee (i) a certified copy of the

resolution or ordinance of the governing body of the Member approving and entering into thisTrust Agreement, and (ii) a signed counterpart original of this Trust Agreement duly executed by

presiding officer of the governing body or other authorized officer of the Member.

8.2 Withdrawal by Member. A Member may withdraw from participation in the entireTrust on the following terms and conditions:

(a) Except as provided in this section, any Member which intends to withdraw from participation in the Trust must give at least ninety (90) days advance written

notice to the Trust Committee. Upon a Member’s withdrawal from the Trust, any

Trustees who are employees of such Member shall no longer serve as Trustees.

(b) Upon withdrawal, the Member shall be deemed to have withdrawn from

participation in the entire Trust. Upon the effective date of withdrawal, theMember’s Participants shall cease to participate in the Plan, provided, that if

required by law, a Participant’s benefits may be extended pursuant to, if and to theextent applicable, the terms and provisions of the Plan, including thoseParticipants who have filed a claim for or are receiving benefits under the terms of

the Plan prior to the effective date of the Member’s withdrawal, in which case

benefits shall continue subject to the withdrawing Member’s payment of required

contributions.

(c) Upon withdrawal, the Trust Committee also has the right to notify the Participants




of such withdrawing Member that such Member’s participation in the Plan and

Trust has ceased or will cease.

(d) In the event of a Member’s withdrawal pursuant to this section, such withdrawing

Member shall have no right to any of the assets, income or reserves of the Trust at

any time, nor shall such Member have any right to a refund or rebate of any of itscontributions to the Trust.

8.3 Successors and Assigns. Upon approval of the Trust Committee, a participatingMember may transfer or assign its participation in the Trust to any successor in interest, whether

by merger, consolidation, reorganization, restructuring, transfer of employees, or dissolution,

creation or consolidation of Member entities or governing boards or otherwise.

8.4 Powers of Members. In addition to powers herein vested in the Members, the Members

shall have the power to:

(a) Amend the Trust Agreement by a two-thirds (2/3) vote of the Members present ata meeting. Written notice of any proposed amendment shall be provided to each

Member at least forty-five (45) days in advance of any vote on the amendment.

(b) Terminate the Plan and disburse its assets by a two-thirds (2/3) vote of all

Members, pursuant to such notice and in keeping with such procedure as shall be

shall be established by the Trust Committee. In the case of such a vote,termination of the Plan shall be pursuant to provisions of Article X.

8.5 Meetings of the Members. Meetings of the Members shall be held as follows:

(a) Members shall meet at least once annually at a time and place to be set by the

Trust Committee, with notice mailed to each Member at least thirty (30) days inadvance.

(b) Special meetings of the Members may be called by the Trust Committee upon itsown motion and shall be called by the Trust Committee upon written request of

thirty (30) percent of the Members, with notice mailed to each Member at least

thirty (30) days in advance.

(c) The chair of the Trust Committee shall preside at the meetings; the vice chair

shall preside in the absence of the chair.

(d) Thirty percent (30%) percent of the Members shall constitute a quorum to conduct

business.

(e) Except for action to terminate the Plan, proxy voting shall be allowed, pursuant to

such procedures as the Trust Committee may determine. Each Member shall be

entitled to one vote on each issue, to be cast by its Member Representative.




8.6 Member Obligations. In addition to the other provisions, hereof, each Member shall

have the obligation to:

(a) Pay all contributions or other payments to the Trust at such times and in such

amounts as shall be established by the Trust Committee. Any delinquent

payments shall be paid with interest pursuant to a policy established by the TrustCommittee and uniformly applied.

(b) Designate in writing a Member Representative and one or more alternates for theMembers' meetings. The Representative and any alternate shall be an employee of

the Member, except as provided in Section 3.1, and may be changed from time to

time. Any alternate may exercise all the powers of the Representative during a

Member meeting in the absence of the Member Representative.

(c) Allow the Trust Committee and Administrator and their agents reasonable access

to records of the Member as required for the administration of Plan and Trust.

(d) Cooperate fully with the Trust Committee and Administrator and their agents in

matters relating to the administration of the Plan and Trust and the administrationand coordination of benefits under the Plan.

(e) Allow the Trust Committee to make decisions regarding, and to designate

attorneys to represent the Member in, the investigation, settlement and litigationof any claim within the scope of benefits furnished through the Plan.

(f) Comply with the benefits administration, claims handling and related policiesestablished by the Trust Committee.

ARTICLE IX

ADMINISTRATION

9.1 Accounting.

(a) Books and Records. The Administrator generally shall be responsible forkeeping accurate and detailed records of all investments, receipts and

disbursements and other transactions hereunder, including such specific records as

shall be required by law and such additional records as may be agreed upon in

writing between the Administrator and the Trust Committee. All books and

records relating thereto shall be open to inspection and audit at all reasonabletimes by any person or persons designated by the Administrator, the Member , or

the Investment Committee. The Trust Committee shall promptly provide copiesof such books or records to any persons designated by the Administrator.

(b) Accounting. Following the close of each Plan year of the Plan, or morefrequently as the Trust Committee and the Administrator may agree, the Trust

Committee, with the assistance of the Administrator, shall cause to be prepared a




written statement setting forth all investments, receipts, disbursements and other

transactions effected during such year or during the period beginning as of the

close of the last preceding year. Except as may be required by statute or byregulations published by State or federal government agencies with respect to

reporting and disclosure, as may be required pursuant to the terms of the Plan or

this Agreement or as reasonably may be requested by a majority of the Membersor the Investment Committee, no person shall have the right to demand or to be

entitled to any further or different accounting by the Trust Committee.

(c) Release. Except with regard to claims of breach of fiduciary duty, upon the

expiration of 90 days from the date of presentation to the Members of such annual

or other statement, the Trust Committee shall forever be released and discharged

from any liability or accountability to anyone as respects the propriety of its actsor transactions shown in such account, except with respect to any acts or

transactions as to which, within such 90-day period, a Member whose interest is

affected by such act or transaction shall file with the Trust Committee its written

disapproval. In the event such a disapproval is filed, and unless the matter iscompromised by agreement of the Trust Committee, the Trust Committee shall

file its statement covering the period from the date of the last annual statement towhich no objection was made in any court of competent jurisdiction for audit or

adjudication. The applicable statutes of limitation shall be available to the Trust

Committee in the event of a claim of breach of fiduciary duty.

(d) Valuations. The Trust Committee shall designate a party to be responsible for

valuations of assets of the Trust for which prices are not readily available on a

nationally recognized securities exchange.

(e) Reliance on Administrator. The Trust Committee shall be entitled to rely on the

Administrator and any Custodian, other than Trust Committee, for themaintenance and provision of all records specified in this Section.

9.2 Expenses. The expenses incurred by the Trust Committee in the performance of itsduties hereunder, including fees for legal and other services rendered and all other proper

charges and disbursements of the Trust Committee, including taxes of any and all kinds

whatsoever, that may be levied or assessed under existing or future laws upon or in

respect of the Trust or any money, property or security forming a part of the Trust Fund,shall be paid by the Trust Committee from the Trust Fund, and the same shall constitute a

charge upon the Trust Fund. To the extent the Member pays any expenses that are

properly payable from the Trust Fund, the Trust Committee shall reimburse the Member that has made payment from the Trust Fund if requested to do so by the Member.

ARTICLE X

AMENDMENT OF TRUST; TERMINATION OF PLAN

10.1 Amendment of Trust.




(a) Right to Amend. The Members may amend this Agreement at any time or from

time to time by the affirmative vote of two-thirds (2/3) of all Members, and any

such amendment by its terms may be retroactive. An amendment shall requirecompliance with the terms of Section 8.4(a). An adopted amendment shall

become effective upon the date specified in the ballot approved by the Members,

without necessity of further written consent or signatures by the Members. Uponadoption of any amendment, the Trust Committee shall cause a current copy of

this Agreement to be sent to each Member.

(b) Exclusive Benefit. Notwithstanding the foregoing, no amendment shall be made

which would authorize or permit any assets of the Trust Fund, other than such

assets as are required to pay taxes and administration expenses, to be used for or

diverted to purposes other than the exclusive benefit of Participants orBeneficiaries.

10.2 Termination of Plan. The Trust shall continue for such time as may be necessary to

accomplish the purposes for which it was created and shall terminate only upon thecomplete distribution of the Trust. The Trust may be terminated as of any date (and shall

in fact terminate upon the complete distribution of the funds of this Trust on such date orthereafter) by unanimous vote of the Trust Committee and approval by a two-thirds (2/3)

vote of all Members. Upon termination of the Trust, provided that the Trust Committee

has not received instructions to the contrary, the Trust Committee shall liquidate the Trust

and, after paying the reasonable expenses of the Trust, including expenses involved in thetermination, distribute the balance thereof according to the written directions of each

Member for the provision of benefits similar to those provided under the Plan for the

benefit of each such Member’s Participants and Beneficiaries covered thereunder; provided, however, that the Trust Committee shall not be required to make any

distribution until the Trust Committee is reasonably satisfied that adequate provision has

been made for the payment of all taxes, if any, which may be due and owing by the Planand the Trust; and provided, further, that in no event shall any distribution be made by the

Trust Committee until the Trust Committee is reasonably satisfied that the distribution

will not be contrary to the applicable provisions of the Plan dealing with termination ofthe Plan and the Trust.

10.3 Final Accounting. At such time as the Trust is terminated, the Trust Committee shall

render a final accounting of the affairs of the Trust to each participating Member, andthereafter there shall be no claim or action against the Trust Committee or any Trustee,

and they shall have no further responsibilities or duties and shall be discharged.

ARTICLE XI

MISCELLANEOUS

11.1 Nonalienation of Benefits. Neither the benefits payable from the Trust Fund nor any

interest in any of the assets of the Trust Fund shall be subject in any manner to the claimof any creditor of a Participant, or Beneficiary or to any legal process by any creditor of

such Participant, or Beneficiary; and neither a Participant nor any Beneficiary shall have




any right to alienate, commute, anticipate or assign any right to benefits payable from or

any interest in the Trust, except as provided in the Plan.

11.2 Benefit. Except as otherwise provided in the Plan and this Agreement, no part of the

Trust hereunder shall be used for or diverted to any purpose other than for the benefit of

Participants and Beneficiaries or the payment of expenses as herein provided.

11.3 Effect of Plan. The Trust Committee is not a party to the Plan, and in no event shall the

terms of the Plan, either expressly or by implication, be deemed to impose upon the TrustCommittee any power or responsibility other than as set forth in this Agreement. In the

event of any conflict between the provisions of the Plan and this Agreement, this

Agreement shall be deemed to be incorporated into and be a part of the Plan, and the

terms of this Agreement shall control over any inconsistent terms of the Plan not contraryto State law.

11.4 Dispute Resolution.

(a) Disputes arising in relation to benefits under the Plan shall be resolved in

accordance with the procedures established in the Plan.

(b) The parties to this Agreement (each, a “party”) are mutually committed to

collaborative problem solving for resolving issues that may arise among or

between them concerning this Agreement. In the event of a dispute, thecomplaining party may notify the other party of the dispute in writing and each

party to the dispute will each appoint a representative to negotiate in good faith to

resolve the dispute. These negotiations between representatives of the parties shallcontinue until the earliest of: (a) the time the dispute has been resolved; (b) the

designated representatives have concluded that continued negotiation does not

appear likely to resolve the dispute; or (c) thirty (30) days from the date of writtennotice of the dispute. If the dispute is not resolved through direct negotiations, the

parties may, with the consent of all parties, attempt to settle any dispute arising

out of or related to this Agreement through mediation. Unless otherwise agreed bythe parties, mediation shall proceed as follows: The parties may agree on a

mediator. If they are unable to agree on a mediator within thirty (30) days of the

agreement to mediate, the parties shall contact an agreed upon dispute resolution

organization or service and shall use its selection process to select a mediator.Each party shall bear its own costs of the mediation and the parties shall share the

costs of the mediator. The mediation shall be scheduled within sixty (60) days of

the agreement to mediate. If the direct negotiation process is unsuccessful and the parties do not consent to mediation or the agreed-upon mediation process does not

successfully resolve the dispute within ninety (90) days of the agreement to

mediate, the parties shall be entitled to pursue any other remedy allowed by lawor this Agreement. However, no party shall pursue such a remedy without first

exhausting the direct negotiation process.




11.5 Entire Agreement. This Agreement constitutes the entire Agreement between the

parties hereto with regard to the subject matter hereof, and there are no other agreements

or understandings between the parties relating to the subject matter hereof other thanthose set forth or provided for herein.

11.6 Approval of the Members. The Members shall have the right, on behalf of allindividuals at any time having any interest in the Trust, to approve any action taken or

omitted by the Trust Committee.

11.7 Liability for Predecessor or Successor. No successor Trustee hereunder in any way

shall be liable or responsible for any actions or omissions of any prior Trustee in theadministration of the Trust or the Trust Fund prior to the date such successor Trustee

assumes its obligations hereunder, nor shall any prior Trustee in any way be liable or

responsible for any actions or omissions of any successor Trustee.

11.8 Liability for Acts of Others. No Trustee shall be liable for the acts or omissions of a

Member, the Custodian, the Administrator, the Investment Committee or any InvestmentManager except with respect to any acts or omissions of any such party in which the

Trustee participates knowingly or which the Trustee knowingly undertakes to conceal,

and which the Trustee knows constitutes a breach of fiduciary responsibility of such

party.

11.9 Governmental Immunity. It is specifically understood and agreed that nothing

contained in this Agreement shall be construed as an express or implied waiver by theTrust, the Trust Committee, the individual Trustees, or the Members of governmental

immunity or of the sovereign immunity of the State of Colorado or its instrumentalities or

any provision of the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,

C.R.S.

11.10 Controlling Law. This Agreement shall be construed according to the laws of the State

of Colorado.

11.11 Effective Date. This Agreement shall be effective on and after

________________________, 2014.

11.12 Execution in Counterpart. This Agreement may be executed in one or more

counterparts, each of which shall be deemed to be an original and all of which togethershall constitute one and the same instrument.

IN WITNESS WHEREOF, the Member and the Trust Committee have caused thisAgreement to be signed by their duly authorized officers or representatives as of the day first

written above.

December 16




TRUST COMMITTEE:

By:_________________________________ By:________________________________

Trustee Trustee

Date:________________________________ Date:_______________________________

Member Representative of: Member Representative of:

____________________________________ ___________________________________

By:_________________________________ By:________________________________

Trustee Trustee

Date:________________________________ Date:_______________________________


____________________________________ ___________________________________

By:_________________________________ By:________________________________

Trustee Trustee

Date:________________________________ Date:_______________________________


____________________________________ ___________________________________

By:_________________________________ ADMINISTRATOR:

Trustee

Date:________________________________ By:________________________________

Member Representative of: Title:_______________________________

Date:_______________________________




MEMBER:

Sign:

By:

Title:

Attest:

Sign:

By:Title:

Date of Member Adoption of Agreement:

City of Steamboat Springs

Debra Hinsvark

City Manager

Julie Franklin

City Clerk

December 16, 2014



AGENDA ITEM #4.


FROM: Jerry Stabile, Police Captain (Ext. 119)Casey Earp, ssistant to t!e City Mana"er

#$RO%&$: Joel Rae, 'irector o Pblic Saety (Ext. 11*)'eb $ins+ar, City Mana"er

'#E: 'ece-ber 1, /01

2#EM: Or3inance p3atin" t!e 4il3lie proo rese containersection o t!e Co3e.

5E6# S#EP: 2 passe3 on irst rea3in" t!e pblic !earin" 4ill be onJanary , /017.

888 DIRECTION ___ INFORMATION _X_ ORDINANCE ___ MOTION ___ RESOLUTION

2. RE%ES# OR 2SS%E:Updating wildli! p" $ntain!" "dinan$! in an !"t t %!lp d!t!" wildli! "& "!l'ingn ga"(ag! a) a )*"$! d. T%i) "dinan$! will %!lp p"!+!nt %*&an and wildli!!n$*nt!") at t"a)% $ll!$tin pint) t%"*g% )t"!ngt%!ning *" "!,*i"!&!nt) " "!*)!$ll!$tin (in) and "!,*i"ing $&&!"$ial d*&p)t!") t (! )!$*"!d wit% n!w lid).

22. RECOMME5'E' C#2O5: App"+!



222. F2SC 2MPC#S:N di"!$t i)$al i&pa$t t t%! Cit' " t%! "!)id!ntial and $&&!"$ial *pg"ad!) t t%!

"!*)! $ntain!"). T%!"! will (! a $)t a))$iat!d wit% t%! t'p! $ntain!" and " "!t"itt%! $*)t&!" and "!*)! $ll!$tin $&pan' p*")*!. Optin) t%at %a+! (!!n app"+!d ""!)id!ntial (in ptin) "ang! "& -/01/.

Optin) " t%! $&&!"$ial "ang! "& -2/ " t%! "!t"it lid) *p t -13// " n!wwildli! p" d*&p)t!").

T%! Cit' will in$*" a $)t a))$iat!d wit% t"an)itining all t%! "!*)! (in) in *" pa")+!" t t%! (!a" "!)i)tant &d!l. 5it% 607 t"a)% (in) in *" pa") !a"l' !)ti&at!) a"!-8/3///063/// t &a! t%! t"an)itin.

2;. <C=&RO%5' 25FORM#2O5:O+!" t%! pa)t t%"!! '!a") t%! Cit' St!a&(at Sp"ing) 9li$! D!pa"t&!nt %a) "!)pnd!dt &an' $all) " )!"+i$! "!lat!d t wildli! :(!a"; !n$*nt!") t%"*g%*t t%! $&&*nit'.It %a) (!!n id!ntii!d (' "!*)! %a*l!")3 t%! D!pa"t&!nt 9a") and 5ildli! and t%! Cit'9D t%at *" "!*)! $ll!$tin) pint) a"! in)*i$i!nt and d nt ad!,*at!l' d!t!" wildli!.T%! "!,*!n$' and +l*&! $all) " )!"+i$! +!" t%! pa)t )!+!"al '!a") %a) in$"!a)!d3l!ading )ta t "!$&&!nd *pdating *" "!*)! $ntain!" "dinan$!.

C*""!ntl'3 "!)id!ntial "!*)! $ll!$tin "!g*latin) )tip*lat! t%at a $*)t&!" d!) nt n!!d

t %a+! a wildli! "!)i)tant $ntain!" a) lng a) t%! $ntain!" i) p*t *t (!tw!!n t%! %*") <=//A.M. and 6=//9.M. n t%! da' $ll!$tin. T%i) "dinan$! i) p"p)ing t in$"!a)!t%! "!,*i"!d "!*)! $ntain!" )tanda"d) " all "!)id!ntial $*)t&!") in a$$"dan$! wit%t%! "!$&&!nd!d $ntain!" &d!l) p!" t%! Int!"ag!n$' G"i>>l' ?!a" C&&itt!! and *"in)p!$tin p"p)!d $ntain!") p"+id!d (' *" l$al "!*)! %a*ling $&pani!). T%i)"dinan$! al) "!,*i"!) t%at $&&!"$ial d*&p)t!") (! )!$*"!d at a %ig%!" )tanda"d t%anw%at i) $*""!ntl' in pla$!. I t%i) "dinan$! i) adpt!d t%!)! "!$&&!ndatin) will ta!!!$t Ap"il @)t3 2/@.

T%"*g% )!+!"al &!!ting) wit% t%! "!*)! $ll!$tin $&pani!)3 CD953 and t%! Cit' St!a&(at Sp"ing) 9D3 )ta %a) w"!d t%"*g% )!+!"al di!"!nt )$!na"i) and a""i+!d at

t%!)! "!$&&!ndatin). T%! $)t a))$iat!d wit% t%! n!w $ntain!") will (! "wa"d!d t$*)t&!") (*t $*)t&!") will al) (! a(l! t p"i+at!l' )%p " an app"+!d (in (a)!d nt%! atta$%!d app"+!d li)t.

T%! Cit' St!a&(at Sp"ing) will al) *pdat! all t%! "!*)! $ll!$tin (in) in *" pa")t $n"& t t%i) "dinan$!. At t%i) ti&! t%! $it' i) nt "!$&&!nding %a+ing t%! )a&!



"!,*i"!&!nt) " "!$'$ling w%!n "!$'$ling i) dn! $""!$tl' t%! wildli! att"a$ting &at!"ialin t%! $ntain!" i) &ini&al.

;. E& 2SS%ES:D!t!"&ining t%! "!)pn)i(l! pa"t' " nt )!$*"ing )%a"!d $&&!"$ial " "!)id!ntial$ll!$tin (in) &a' p"+! t (! dii$*lt.

;2. CO5F2C#S OR E5;2RO5ME5# 2SS%ES:Finan$ial (*"d!n n $*)t&!") d*! t%! n!w "!,*i"!&!nt).B!a+' lid) n d*&p)t!").Nn a$tin w*ld "!)*lt in a $ntin*!d in$"!a)!d in wildli! !n$*nt!") t%at $"!at! a p*(li$)a!t' i))*!.T"a)% +i)i(l! t%"*g%*t $&&!"$ial"!)id!ntial p"p!"ti!) d*! t wildli!.

;22. S%MMR> 5' #ER5#2;ES:T%i) "dinan$! )t"!ngt%!n) *" $*""!nt wildli! "!)i)tant "!*)! $ntain!" "!g*latin). T%i)"dinan$! "!&+!) t%! ti&!"a&! " nn0wildli! "!)i)tan$! $ntain!") and %a) a $*""!ntli)t app"+!d "!)id!ntial (in) " $*)t&!" $%i$!. T%i) li)t will (! *pdat!d a) n!$!))a"'.

T%!"! a"! t%"!! ptin) " &+ing "wa"d n t%! $&&!"$ial "!,*i"!&!nt)=@. N!w wildli! )p!$ii$ d*&p)t!")2. R!pla$! pla)ti$ wit% all &!tal lid)

1.

F"tii!d "!t"it !i)ting pla)ti$ lid)

T%! p"p)!d "dinan$! w*ld "!,*i"! an' ("!a$%!d lid) t (! "!pla$!d wit%in 82 %*").I t%! "!t"it) a"! p*t int pla$! 9D will al) %a+! t%! a*t%"it'3 n a $a)! (' $a)! (a)i)3t "!,*i"! t%! lid) (! "!pla$!d wit% a &!tal alt!"nati+!.

2S# OF ##C$ME5#SCall) " )!"+i$! g"ap%&apSa&pl! app"+!d $ntain!" li)tEa&pl!) "& t%!" $&&*niti!)



SSPD Bear Call Locations by Year

Year ranges include the following: 2012 = April 1 - Dec 31, 2012 / 2013 = Jan 1 - Dec 31, 2013 / 2014 = Jan 1 - Nov 30, 201

Attachment 1



10

56

43

20

55

39

22

3

14

9

12

5

21 1

8

20

47

16

28

0

10

20

30

40

50

60

March April May June July Aug Sept

SSPD Number of Bear Calls by MonthTimeframe: April 1, 2012 - November 30, 2014



1

3

1

1 3

1

1

9

0

10

20

30

40

50

60

A p r i l

M a y

J u n e

J u l y

A u g

S e p t

O c t

N o v

A p r i l

M a y

J u n e

J u l y

A u g

S e p t

O c t

N o v

M a r c h

A p r i l

M a y

J u n e

J u l y

2012 2013 201

SSPD Number of Bear Calls by Month/Timeframe: April 1, 2012 - November 30,



Bear Resistant Container List:

Kodiak Products www.kodiakproducts.com

The Growler Can www.thegrowlercan.com

Unbearable Bins www.unbearablebins.com

DAWG www.dawginc.com

Bearicuda www.bearicuda.com

World Safety Products www.worldsafetyproducts.com

Kodiak Products offers one model of bear proof trash can96 gallon tote $319.00

The Growler Can, comes in a 32 gallon $179.00, 64 gallon $189.00, 95 gallon $229.00

Unbearable Bin, one model 95 gallon tote Price Pending

Dawg Inc. , offers a 50 gallon $235.56 and a 90 gallon $266.67

Bearicuda, offers the following models, PAK 120 20 Gallon $59.00, PAK 130 30 Gallon

$75.00,PAK306 “Titan” Metal (wheels) 95 gallon $495.00, PAK 132 32 gallon $199.00, PAK

15050 gallon $299.00, PAK 196 95 gallon (no wheels) $315.00, STL 264 64 gallon (wheels)

$239.00, STL 296 (wheels) $259.00

World Safety Products, Offers the following models 1650 20 gallon $42.90, 1661 65 gallon

$178.20, 1690 (Blk Bear) 90 gallon $196.90, 1661 (Grizzly) 90 gallon $353.10

(All of the products listed above have been certified “bearresistant” by Living with Wildlife andInteragency Grizzley Bear Committee, any additional containers will have to be approved by the

Director of Public Safety or the Colorado Department of Wildlife and Parks)

Attachment 2



City Ordinance Requirement

Breckenridge Garbage can only be put out between the

hours of 6am and 10pm day of trash

service

Garbage can only be placed outside in an

appropriate receptacle. Lid of containermust be securely attached.

All Garbage must be stored inside a home,

garage, building, or shed – unless can is

equipped with some type of latching

mechanism that will hold the lid securely

to the can.

Aspen Containers must be resistant for 60

minutes as rated by the Interagency

Grizzly Bear Committee or approved by

the Citydesignated official.

No owner or person in charge of a

property shall cause or allow the creation

of or maintain a wildlife accessible refuse

container or attractant outside on that

property or the adjacent rightofway at

any time

Any refuse container left outside a house,

garage, or other enclosed building which is

accessible by wildlife, regardless of size,

that receives refuse which is edible by

bears or other wildlife shall be either:(1)

An approved wildliferesistant refuse

container; or (2) An approved wildliferesistant dumpster enclosure.(3) An

approved wildlifeproof refuse container

Any trash hauler who provides a refuse

container to a city customer shall only

provide wildliferesistant refuse containers

or wildliferesistant dumpsters, which

meet the requirements set forth herein or

is approved by a Citydesignated official.

If a container or enclosure is damaged,

allowing access by wildlife, repairs must be

made within seventytwo hours afterwritten notification by a Citydesignated

official.

Durango Durango has municipal trash service

Has a single model of wildlife resistant

trash cans through this service for $4 per

month

If residents or commercial customers have

Attachment 3



service through a private company; the

company is responsible for providing a

container that is wildlife resistant.

Vail Has a list of acceptable residential and

commercial containers

All enclosures for containers have to besealed from ground to roof

Vail Police department can certify

additional containers not on list

Telluride Has municipal trash service

Requires 2latch, locking reinforced lid

Stenciled street address on cart for

residential

Dumpsters less than or equal to 6yard,

fully enclosed metal container with

lockable lid

Addresses of each entity using dumpster

on secured tag



CITY OF STEAMBOAT SPRING, COLORADO

ORDINANCE NO. _________

AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 19 OF THESTEAMBOAT SPRINGS REVISED MUNICIPAL CODE RELATING TOWILDLIFE RESISTANT CONTAINERS; PROVIDING AN EFFECTIVE DATE;

AND SETTING A HEARING DATE.

WHEREAS, the City Council finds that there are increasing numbers of bear and

other wildlife encounters in urban areas of the City and that the increase is due to

inadequate security of household and commercial waste placed outside for collection;

and

WHEREAS, the City Council of the City of Steamboat Springs finds it necessaryand appropriate to the public health, safety, and welfare to adopt this ordinance

requiring the storage of household and commercial waste in wildlife resistant

containers.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

STEAMBOAT SPRINGS THAT:

SECTION 1. Chapter 19, Article III of the City of Steamboat Springs e!ised "unicipalCode is hereby amended to read as follows#

“ARTICLE III. - WILDLIFE PROOF RESISTANTCONTAINERS

S!. 19-1"". - D#$%$&$'%(.

$he following words, terms and phrases, when used in this article, shall ha!e themeanings ascribed to them in this section, e%cept where the conte%t clearly indicates adifferent meaning#

Appro!ed container is a container used for the storage of refuse that has beenappro!ed for use in the City of Steamboat Springs by the &irector of the &epartment of'ublic Safety.

&umpster enclosure is any structure constructioned in accordance with the structuralrequirements of the (niform )uilding Code, as adopted by the city, irrespecti!e of the



actual enclosed square footage of the structure including fully enclosed structures. $hestructure shall be fully enclosed.

efuse container is any container, other than a wildlife proof refuse container, used forthe storage of refuse.

*ildlife proof refuse container is a container used for the storage of refuse that hasbeen certified to be wildlife proof by the Colorado &i!ision of *ildlife, the (.S. 'ar+Ser!ice, or the (.S. orest Ser!ice. A container not so certified, is considered a wildlifeproof refuse container if it is fully enclosed, of sturdy construction, and includes alatching mechanism suitable to pre!ent wildlife from opening the container. -atchingmechanisms shall allow a gap between the container lid of no more than /inch.-atching mechanisms shall +eep the lid closed in the e!ent the container is turned on itsside or upside down. *ildlife proof refuse containers may include drain holes no largerthan one inch in any dimension.

S!. 19-1"1. - R#)( (&'*+ *)$*%&(.

0a It shall be unlawful for any person to store refuse that is attracti!e to or edible bywildlife out of doors other than in a wildlife proof an Appro!ed container or to storerefuse in such a container without fully securing the container in accordance with itsdesign. appro!ed by the Colorado &i!ision of *ildlife or the City of Steamboat Springs.$his includes commercial dumpsters whether or not they are in a dumpster enclosure.

0b $he owner of property on which refuse is stored in !iolation of subsection 0a, orthe owner of abutting property when refuse is stored in !iolation of subsection 0a in a

City street right of way, shall be rebuttably presumed to be responsible for suchunlawful refuse storage.

0c $he owner0s of the property on which refuse is stored in an Appro!ed containerthat is not fully secured in accordance with its design shall be liable for such !iolationregardless of whether the owner0s are directly responsible for the failure to secure thecommercial refuse container in accordance with its design.

0d 2o person shall be liable for a !iolation of this subsection if the person haspurchased an Appro!ed wildlife resistant container but has not recei!ed deli!ery.

0e If an Appro!ed container is damaged to an e%tent that compromises itseffecti!eness the &irector of 'ublic Safety shall gi!e the owner or user of the containerwritten notice to repair or replace the container. $he continued use of the unrepairedcontainer se!enty/two 034 or more hours after deli!ery of written notice to repair orreplace shall be unlawful.

0b 'ersons with curbside refuse pic+up ser!ice shall not place refuse containers, otherthan wildlife proof refuse containers, containing refuse that is attracti!e to or edible by



wildlife at the curb for pic+up until after 5#66 a.m. on the morning of their scheduledcollection day. After pic+up, all refuse containers, other than wildlife proof containers,must be returned to a building, house, garage, or dumpster enclosure by 7#66 p.m.

0c Compliance with this article notwithstanding, the city manager, or his designee,

may order any property owner, agent of the property owner, or tenant to purchase anduse wildlife proof refuse containers for all storage of refuse that is attracti!e to or edibleby wildlife if the city manager recei!es more than one documented, substantiatedreport that any animal, whether wild or domestic, has entered into or remo!ed refusefrom a refuse container located on the property or placed at the property curbside forpic+up.

Such order shall#

01 State that a wildlife proof container shall be obtained for the property within se!en03 days from the date of the order;

04 Shall be ser!ed either personally or by means of posting on the premises uponwhich the nuisance e%ists. If notice is ser!ed by posting, a copy of the notice shall alsobe mailed by certified mail, return receipt requested, to the owner of record of theproperty a the address shown in the records of the county assessor.

0d 'enalties for !iolation of such an order shall be the same as for any other !iolationof this article.

S!. 19-1"1.1 T*+(/ H+)0*(

0a Any trash hauler who pro!ides ser!ice to a residential or commercial customerlocated within the City shall offer to pro!ide the customer with an Appro!ed container.$he trash hauler may charge a fee for pro!iding the Appro!ed container. $he customershall not be required to purchase an Appro!ed container from the trash hauler.

S!. 19-1"1. A22*'34 C'%&+$%*(

0a $he &epartment of 'ublic Safety shall maintain for public reference a list of Appro!ed containers. $he original list and each updated list shall be dated and signedby the &irector of the &epartment of 'ublic Safety and attested to by the City Cler+.

$he &irector of the &epartment of 'ublic Safety shall e!aluate the performance of listedcontainers and may on the basis of such e!aluation remo!e from the list any containerupon a determination that the container is not wildlife resistant. $he owner or user ofany container that has been remo!ed the list shall replace the container within thirty086 days of recei!ing written notice of such remo!al.

0b $he &irector of the &epartment of 'ublic Safetys shall consider the followingcriteria in determining whether to appro!e a container or remo!e a container from the



list and may rely any other rele!ant information, including the opinions of officials ofother municipal go!ernments, state agencies, or trash haulers#

01 $he container shall be fully enclosed;

04 $he container shall ha!e a metal lid or a plastic lid reinforced with metal;

08 $he lid shall ha!e a latching mechanism that pre!ents access to the contentsby wildlife;

0: $he container shall be bear resistant for a period of si%ty 056 minutes.

S!. 19-1"5. - P*'2*&6 +$%&%+%!.

0a It shall be unlawful for the owner of any property located within the city, includingproperties used for special e!ents and properties that are the site of construction

acti!ities, to permit the accumulation on the property of refuse attracti!e to or edible bywildlife. efuse shall be stored on and collected from such properties and stored inaccordance with the pro!isions of section 19/161

0b 'roperties found to be in !iolation of this section may be deemed to be a nuisanceas defined in section 1/4 of this Code and treated accordingly.

S!. 19-1"7. - F4$% '# 8$040$#.

0a It shall be unlawful for any person to +nowingly lea!e or store any refuse,

recyclable, food product, pet food, grain, salt or any other materials attracti!e to oredible by wildlife in a manner, which may attract or entice wildlife.

0b )ird feeders shall be permitted under this section. <owe!er, between the dates of April 1 and 2o!ember 1, all feeders must be suspended on a cable or other de!ice sothat they are inaccessible to bears and other wildlife and the area below the feedersmust be +ept free of the accumulation of seed, seed debris, or other attracti!e or ediblematerials.

S!. 19-1". - P%+0&6 (!/4)0.

0a $he municipal court is hereby authori=ed to establish a penalty schedule for!iolations of this article. $he penalty schedule may establish mandatory minimum finesfor !iolations of this article and the mandatory minimum fines may increase for repeatand multiple offenders.

0b "andatory minimum fines contained in a penalty schedule established per thispro!ision shall not affect the court>s authority to impose a greater fine up to the court>s

?urisdictional limit.



0c $he penalty schedule may authori=e reduced or suspended fines upon theoffender>s agreement to purchase and use a an Appro!ed wildlife resistant refusecontainer.@

SECTION 5. $he City Council hereby finds, determines and declares that this

ordinance is necessary for the immediate preser!ation of the public peace, health, andsafety.

SECTION 7. $his ordinance shall ta+e fi!e 0 days after publication following final

passage as pro!ided in Section 3.50h of the City of Steamboat Springs <ome ule

Charter.

SECTION . A public hearing on this ordinance shall be held on ,

461:, at #1 '.". in the Citi=ens <all meeting room, Centennial <all, Steamboat

Springs, Colorado.

INTRODUCED, READ AND ORDERED published, as pro!ided by law, by the

City Council of the City of Steamboat Springs, at its regular meeting held on the 15 th

day of &ecember, 461:.

B+*& ')%'3(6, P*($4%&

S&+<'+& S2*$%( C$&6 C')%!$0

ATTEST:

=)0$ F*+%0$%, CMC

C$&6 C0*



FINALLY READ, PASSED AND APPROVED this day of , 461:.

B+*& ')%'3(6, P*($4%&

S&+<'+& S2*$%( C$&6 C')%!$0

ATTEST:

=)0$ F*+%0$%, CMC

C$&6 C0*



AGENDA ITEM #5.


FROM: Julie Franklin, CMC, City Clerk

THROUGH: Deb Hinsvark, City Manager

DATE: Deceber !", #$!%

&TEM: 'ec(n) rea)ing (* an (r)inance aen)ing C+ater -, Alc(+(lic .everages, (* t+e 'teab(at 'rings Revise)Municial C()e/ r(vi)ing *(r severability/ r(vi)ing an

e**ective )ate an) setting a +earing )ate0

1E2T 'TE3: T+e sec(n) rea)ing 4ill be (n Deceber !", #$!%0

X_ ORDINANCE 5 RESOLUTION

&0 RE6UE'T OR &''UE:

Review the ordi!"e !edi$ the M%i"i&!' Code.

&&0 RECOMME1DED ACT&O171E2T 'TE3:

A&&rove (e"od re!di$.

&&&0 .AC8GROU1D &1FORMAT&O1:

St!)) i( t!(*ed with !edi$ the "ode to %&d!te i)or!tio+ "orre"t error( !d !*e"'!ri)i"!tio(. Thi( ordi!"e %&d!te( the "h!&ter o !'"oho'i" ,ever!$e(.

-e'ow i( ! e&'!!tio o) e!"h "h!$e.

Se"tio / 0"12 Se!te -i'' //34 !''ow( %i"i&!'itie( to o&t i !d !''ow( Cit6 C'er*( to!dii(tr!tive'6 !&&rove S&e"i!' Evet 7erit( witho%t St!te !&&rov!'. The Cit6 o&ted i!d there)ore we o 'o$er (%,it !&&'i"!tio( to the St!te )or i((%!"e.



Se"tio / 0h12 A tr!()er to !other 'o"!tio re8%ire( ! he!ri$ ,e)ore the Li8%or Li"e(e A%thorit6+ !( o&&o(ed to ! tr!()er o) ower(hi& whi"h i( !&&roved !dii(tr!tive'6 ,6the Cit6 C'er*.

Se"tio 92 7er Ordi!"e No. 9/:; &ro,!,'e "!%(e !d (how "!%(e he!ri$( !re he!rd ,6the Li8%or A%thorit6 Co&'i!"e Divi(io 0he!ri$ o))i"er1.

Se"tio < 0"12 Ordi!"e No. /=4; reoved the re8%ireet )or (erver( to re"erti)6 their!'"oho' (erver tr!ii$> there)ore there i( o "erti)i"!te e&ir!tio d!te.

Se"tio < 0)12 St!)) )ee'( th!t re8%iri$ 'i"e(ee( to (%,it (erver tr!ii$ i)or!tio with"h!$e( o) 'o"!tio !d "h!$e( o) "or&or!te (tr%"t%re i( %e"e((!r6. Thi( i)or!tio i((%,itted with ever6 ew !&&'i"!tio+ ever6 reew!' !d ever6 tr!()er o) ower(hi&.

Se"tio ? 0!12 Fee( !re (et ,6 the Cit6 M!!$er !d o 'o$er oted i the Code.

Se"tio 5 0<12 7%,'i"!tio o) the &%,'i" he!ri$ i( re8%ired with !'' other ew 'i8%or 'i"e(e!&&'i"!tio( !d "h!$e( o) 'o"!tio. St!)) )ee'( th!t it wo%'d ,e ,ee)i"i!' to ,e"o(i(tet i thi( &ro"e(( !d i)or the &%,'i" vi! &%,'i"!tio i) ! @ote' Re(t!%r!twi(he( to !dd ! o&tio!' &rei(e to their ei(ti$ 'i"e(ed &rei(e.

Se"tio 5 0)12 The(e %,er( "h!$ed with %&d!te( to the St!t%te(.

Se"tio 0"12 Fee( !re (et ,6 the Cit6 M!!$er.

&90 F&'CA &M3ACT':

There !re o )i("!' i&!"t( to thi( "h!$e.

90 EGA &''UE':

Noe.

9&0 'UMMAR; A1D ATER1AT&9E':

Ado&t ordi!"e o (e"od re!di$.

Dire"t (t!)) otherwi(e.




ORDINANCE NO.

AN ORDINANCE AMENDING CHAPTER 3, ALCOHOLIC

BEVERAGES, OF THE STEAMBOAT SPRINGS REVISED MUNICIPALCODE; PROVIDING FOR SEVERABILITY; PROVIDING ANEFFECTIVE DATE AND SETTING A HEARING DATE.

WHEREAS, the City wishes to update, correct errors and make clarifications inthe Steamboat Springs Revised Municipal Code.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFSTEAMBOAT SPRINGS, COLORADO:

Secti! ". Section 3-! of the Municipal Code of the City of SteamboatSprings shall be amended as follows"

#c$ %othing in this Code shall be deemed to re&uire a person to obtain a separate citylicense in order to sell or offer for sale any malt, vinous, spirituous li&uor orfermented malt beverage pursuant to a special event permit issued by the state.'he city clerk, however, having been delegated the necessary power and authority,shall review and approve all applications for special event permits beforesubmission to the state for issuance, all in accordance with state law.

#h$ %o person licensed under this chapter shall transfer the city license to another

person or to another location without the prior approval of the city clerk. Standardsfor transfer of a city license are those applicable to transfers of state licenses understate law.

Secti! #. Section 3-! of the Municipal Code of the City of SteamboatSprings shall be amended as follows"

(urther, the City Council of the City of Steamboat Springs will retain authority and holdpublic hearings for purposes of considering, among other issues, new licenseapplications and applications for changes in the location of licensed premises. and) eterminations of probable cause and resulting show-cause hearings in cases of alleged

violations of the Colorado *eer Code or Colorado +i&uor Code shall be heard by the+i&uor +icense ,uthority Compliance )ivision per Section 3-#!$ .

Secti! 3. Section 3- of the Municipal Code of the City of SteamboatSprings shall be amended as follows"



#c$ /very agency offering a course of instruction approved by the local licensingauthority shall issue a certificate to those enrollees who successfully complete theli&uor educational seminar. 'he certificate shall be dated to show the date ofcompletion of the training and date of certificate e0piration and shall be evidence,at a minimum, that the person has been in actual attendance for a minimum

number of hours of the course and has achieved a reasonable mastery of thetheories and facts presented. %o agency approved by the city council to provideserver training shall issue a certificate unless the person has actually attended thecourse and achieved a reasonable mastery of the materials.

#f$ t the time an applicant seeks issue, renewal or transfer of ownership , change oflocation or change of corporate structure, the applicant shall submit to the city clerkinformation as shall be re&uired by the city clerk to prove that persons employed bythe applicant as servers and re&uired to be certified under this section havecertificates in full force and effect. ll licensees shall maintain a file of certificateson all servers employed by the licensee and shall e0hibit the copies of certificateswhen re&uested to do so by the city clerk, the chief of police or other appropriateofficial of the city. (ailure to comply with this section shall be considered a violationof a condition of issuance of a license and may be punished accordingly.

Secti! $. Section 3-1 of the Municipal Code of the City of SteamboatSprings shall be amended as follows"

#a$ +i&uor +icense fees shall be set by the City Manager.

'he following fees for li&uor licenses shall be charged in the city"

+icense (ee

2nitial applicationn or before 4uly , 55 .....678.55

fter 4uly , 55 and before 4uly , 559 .....!85.55 fter 4uly , 559 and before 4uly , 55 .....!8.55 fter 4uly , 55 .....,555.55

'ransfer of locationn or before 4uly , 55 .....78.55

fter 4uly , 55 .....!55.55Change of ownership

n or before 4uly , 55 .....78.55 fter 4uly , 55 .....!55.55

+ate renewal application .....855.55Renewal application

/0cept that an e0pired license renewal fee shall not e0ceed 6855.55, for arenewal of a license the fee shall be"



n or before 4uly , 55 .....!8.55 fter 4uly , 55 .....55.55

Corporate report of changes .....55.55Manager registration #: ; R license only$ .....!8.55

lcoholic beverages tasting permit .....55.55

'emporary permit .....55.55Related facility #resort comple0 license only$ .....55.55

<ermitsSpecial events permits

/ffective ugust 3, 55! .....55.55 rt gallery permit .....53.!8

rts .....61.8*eer and wine .....1.!8*rew pub .....!8.55Club .....1.8:otel and restaurant .....!8.55+i&uor licensed drugstore ......85Racetrack .....!8.55Retail li&uor store ......85'avern .....!8.553.= beer, on-premises .....3.!83.= beer, off-premises .....3.!8

Secti! %. Section 3-1 of the Municipal Code of the City of SteamboatSprings shall be amended as follows"

#3$ n applicant for optional premises for a new hotel and restaurant license shallidentify the optional premises location as part of the hotel and restaurantlicense application. n applicant for optional premises for an e0isting hotel andrestaurant license need only submit an application which conforms with there&uirements of this section. 'he application will be heard by the city council ata regular meeting. %o published public hearing is re&uired.

#f$ :earing on application. hearing on an application for an stand-alone optionalpremises license, or an application for optional premises for a new hotel andrestaurant license, shall be scheduled in the same manner as for any other newli&uor license application, and the posting, publication and hearing re&uirements of

C.R.S. > -1!-37 3 shall apply. t the public hearing on any optional premisesapplication, the council will consider the criteria of C.R.S. > -1!-3!#$#a$35!#3$#a$ and the standards in this section, and make findings as to whether theapplicant has complied with such criteria and these standards.

Secti! &. Section 3-13 of the Municipal Code of the City of SteamboatSprings shall be amended as follows"



#c$ (ees. 'he local li&uor licensing authority fee for a bed and breakfast permit shallannually be twenty-five dollars #68.55$ be set by the City Manager.

Secti! '. 'his rdinance shall take effect immediately upon the e0piration offive #8$ days from and after its publication following final passage, as provided inSection !.7 #h$ of the Steamboat Springs :ome Rule Charter.

INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the CityCouncil of the City of Steamboat Springs, at its regular meeting held on the nd day of)ecember, 51.

B()t *+!-/, P)e-i0e!tSte(12(t S)i!4- Cit/ C+!ci5

ATTEST:

6+5ie F)(!5i!, CMCCit/ C5e)

FINALLY READ, PASSED AND APPROVED this 7th day of)ecember, 51.

B()t *+!-/, P)e-i0e!tSte(12(t S)i!4- Cit/ C+!ci5

ATTEST:

6+5ie F)(!5i!, CMCCit/ C5e)



commission may not see anything wrong with the plan and they would endorseit, he did not want their endorsement to mean they fully understood the projectand it was good to go, but rather that they as a commission agree the loss ofopen space for the drive way is minimal and would be acceptable. Kara Stollermade a motion to approve Mr. Gooding’s request to move the driveway accesseasement up Spring Creek a little bit in regards to the impact it would have onOpen Space and a motion for staff to down the road when construction ishappening to look at opportunities to further improve parking in the area.Motion passed unanimously.

Jim Swiggart from the Tennis Center came and did a 2014 Tennis Center Recap.The Tennis Center has had a lot of growth in the last 2 years and Mr. Swiggartwould like to have his contract extended soon so that he and his staff cancontinue to plan and move forward with the facility. The current contractexpires in October of 2015 but can be extended three years. Many members ofthe Tennis and Pickleball Community were in attendance and came down tospeak in favor of Mr. Swiggart and having him continue to the be the Tennis

Concessionaire. The commission decided to draft a letter of support for Mr.Swiggart to be finalized at the first meeting in January.



AGENDA ITEM #6.


________________________________________________________________________

FROM: Toby Stauffer, AICP, Cty P!a""er E$t. %&'(

THROUGH: Ty!er Gbb) AIA, Dre*tor of P!a"""+ a" Co--u"ty Dee!o/-e"tE$t. %00(

DATE: De*e-ber 16, %'10

ITEM: Dee!o/-e"t P!a" for O! P!ot 2u!"+3 Lot) 435, 2!o* 4%, Or+"a!To7" of Stea-boat S/r"+), #DP3103'8

NEXT STEP: If a//roe, a bu!"+ /er-t *a" be a//!e for a" t9e u)e) *a"*o--e"*e.

________________________________________________________

___ ORDINANCE ___ RESOLUTION _ : _ MOTION ___ DIRECTION ___ INFORMATION

________________________________________________________

PROJECT NAME; O! P!ot 2u!"+ Co"to"a! U)e re<ue)t #DP3103'8

PETITION: A Co"to"a! U)e re<ue)t to a!!o7 re)e"ta! a" off*e u)e) o"t9e )treet=/ee)tra" !ee! " t9e Co--er*a! O! To7" CO( >o"e)tr*t a" "*!ue re)e"ta!, re)taura"t a" off*e u)e) "ato" to t9e *o--er*a! reta! u)e o" t9e /ro/erty.

LOCATION: 1'%5 L"*o!" Ae.

APPLICANT: Lae)e La""+ LLC, *=o ?a" @a-")

PC ACTION: O" Noe-ber %', %'10 t9e P!a"""+ Co--))o" ote 53're*o--e""+ a//roa! of t9e a//!*ato" 7t9 *o"to").



EXECUTIVE SUMMARY:

1. Backg!"#$ I#%!&a'(!#:

T9e )ube*t /ro/erty ) !o*ate at 1'%5 L"*o!" Ae"ue a" 7a) /reou)!y t9e )teof Stea-boat Bo-e, a *o")+"-e"t a" a"t<ue )tore. o""+ o" t9e /ro/erty )Co--er*a! O! To7" CO( a" t9e /ur/o)e of t9at )tr*t ) to /roe area) for*o--er*a! ee!o/-e"t *o-/atb!e 7t9 t9e )*a!e, *9ara*ter a" )treet)*a/e of t9etrato"a! o7"to7" area of t9e *ty.

T9) -$e u)e /roe*t /ro/o)e) to a a re)e"ta! u"t a" a" off*e to t9e rear oft9e O! P!ot bu!"+. T9e re)e"ta! a" off*e 7!! be )e/arate u)e) ea*9 7t9e"tra"*e) off t9e a!!ey. T9e fro"t of t9e bu!"+ a!o"+ L"*o!" 7!! be e "to a)/a*e for reta! a" a )/a*e for a re)taura"t u)e, /ote"ta!!y Ta*o Cabo.

A**or"+ to t9e a//!*ato" -atera!) t9ere 7!! be -"-a! e$teror *9a"+e) to t9e

rear of t9e bu!"+ 79ere t9e off*e a" a/art-e"t u)e) 7!! be !o*ate. T9e )<uarefoota+e for t9e reta! a" re)taura"t u)e) 7!! be t9e -aorty of t9e /ro/erty a"t9e reta! a" re)taura"t u)e) 7!! be /ro-"e"t a!o"+ L"*o!" Ae"ue. P!ea)e )eeatta*9e "for-ato" fro- t9e a//!*a"t for )/e*f*) about t9e re<ue)t a" u)e

P)a##(#g C!&&(**(!# D(*c"**(!#:

P!a"""+ Co--))o" )*u))e t9e /reou) a//!*ato" o" t9e)e /ro/erte), a/re!-"ary /!at to *reate t7o !ot), )e/arat"+ t9e bu!"+ fro- t9e /ar"+. T9e/re!-"ary /!at ) )t!! a*te a" ab!e, 9o7eer t 9a) "ot bee" f"a!>e. T9ea//roa! of t9e)e u)e) a" t9e a))o*ate *o"to") oe) "ot -/a*t t9e future

ee!o/-e"t of t9e /ro/erty a" t9e a//roa! ) *o-/!-e"tary 7t9 t9e /re!-"ary/!at a//!*ato". 2ot9 /roe*t) *ou! 7or " t9e future.

P"+)(c C!&&,#':

No /ub!* *o--e"t 7a) offere o" t9) /roe*t at t9e 9ear"+.

N,- I#%!&a'(!#:

At t9e 9ear"+ )taff /roe a /ar"+ a"a!y)) a" ree7 of t9e /reou))ub)o" -atera!). A!! "for-ato" ) "*!ue " t9) /a*et for Cty Cou"*!ree7.

.

R,c!&&,#$,$ M!'(!#:

T9e P!a"""+ Co--))o" re*o--e") a//roa! of DP3103'8, a Dee!o/-e"t P!a"for Co"to"a! U)e to a!!o7 re)e"ta! a" off*e u)e) o" t9e )treet=/ee)tra" !ee!" t9e CO >o"e )tr*t at 1'%5 L"*o!" Ae"ue 7t9 t9e fo!!o7"+ *o"to");

C!#$('(!#* !% A//!0a):



1. P!a") a" )/e*f*ato"), a" t9e 7or to be /erfor-e )9a!! *o-/!y 7t9 a!!a//!*ab!e *oe) a" )ta"ar) a) ao/te by t9e Cty of Stea-boat S/r"+).

%. 2u!"+ *o")tru*to" )9a!! "*!ue )e/arato" a" a!ar-) a//ro/rate for -$eo**u/a"*e) /er t9e e$*e/to" 7rtte" " to t9e ao/to" of t9e %'' IFC a"I2C.

4. A) /art of t9e bu!"+ /er-t t9e a//!*a"t=o7"er )9a!! /roe /!u-b"+-of*ato") )uff*e"t for future *o""e*to" of t9e bu!"+ to t9e e$)t"+ 7ater)er*e !"e 7t9" t9e L"*o!" Ae"ue r+9t3of37ay.

0. T9e )e7a! re/ar) "*ate " t9e )e7a! ")/e*to" !etter ate 1'=&=%'10-u)t be *o-/!ete /ror to *ertf*ate of o**u/a"*y=a//roa! )+"3off for t9e/ro/o)e u)e).

5. Du-/)ter e"*!o)ure, Ste P!a"""+, L+9t"+, S"o7 Stora+e a" /ro)o" of abe ra* )9a!! be *o-/!ete a) "*ate /er re)e /!a") ate 11.8.10.

6. No bu!"+ /er-t )9a!! ))ue for t9e /ro/o)e u)e) u"t! t9e a//!*a"t 9a)e$e*ute a" re*ore a !e+a! ")tru-e"t e")ur"+ t9e *o"t"ue u)e of off3)te/ar"+ fa*!te) " a**ora"*e 7t9 Se*to" %6314(4(.

. P!2,c' L!ca'(!# Ma/

3. A''ac4&,#'*

A''ac4&,#' 15 P!a"""+ Co--))o" re/ort ate Noe-ber %', %'10

A''ac4&,#' 5 A//!*a"t Narrate

MF-3

MF-

3



A''ac4&,#' 5 F!oor /!a" a" Re)e Ste P!a"

A''ac4&,#' 35 Par"+ A"a!y))

A''ac4&,#' 65 Pre!-"ary P!at -atera!)

A''ac4&,#' 75 Draft PC -"ute) fro- Noe-ber %', %'10



DEPARTMENT OF PLANNING AND COMMUNITY

DEVELOPMENT STAFF R EPORT

PLANNING COMMISSION AGENDA ITEM # 1

Project Name: Old Pilot Building- Lots 3-5, Block 32, Original Town of Steamboat

Springs, 1025 Lincoln Ave., #DP-14-07

Prepared By: Toby Stauffer, Planner (Ext. 280)

Through: Tyler Gibbs, AIA, Planning &Community Development Director(Ext. 244)

Date: November 20, 2014

Planning

Commission (PC):

November 20, 2014

City Council (CC): December 16, 2014

Zoning: CO- Commercial Old Town

Applicant: Lakeside Landing LLCc/o Jan Kaminski879-5764 X12

Steamboat Springs

Request: A Conditional Use request to allow residential and office uses on the

street/pedestrian level in the Commercial Old Town (CO) zone district andinclude residential, restaurant and office uses in addition to the commercial

retail use at 1025 Lincoln Ave.

Staff Report - Table of ContentsSection Pg

I. CDC – Staff Analysis Summary 1-2II Project Location 1-2

III. Background 1-3

IV. Project Description 1-3

V. Project Analysis 1-4

VI. Staff Finding & Conditions 1-6

VII. Attachments 1-7

Project

Location

1025 Lincoln Ave

Attachment 1



Old Pilot Building- Lot 3-5, Block 32, Original Town of Steamboat Springs1025 Lincoln Ave.; #DP-14-07

PC Hearing: 11/20/14

Staff Planner: Toby Stauffer CC Hearing: 12/16/14

Planning & Community Development Staff Report Page 1-2

I.

COMMUNITY DEVELOPMENT CODE (CDC) – STAFF ANALYSIS SUMMARY

CDC - S ECTION 26-65 ( D ): N O DEVELOPMENT PLAN SHALL BE APPROVED UNLESS THE PLANNING

COMMISSION AND CITY COUNCIL FIND THAT THE PLAN MEETS ALL OF THE FOLLOWING CRITERIA:

Subsection Consistent NotesYes No NA

1) Compatibility with Community Plan

2) Consistency with Surrounding Uses

3) Minimize Adverse Impacts

4) Access

5) Minimize Environmental Impacts

6) Phasing

7) Compliance With Other Standards

8) Variance Criteria

Staff Finding: Staff finds that the Old Pilot Building Conditional Use request, to allowresidential and office uses on the street/pedestrian level in the CO zone district and include

residential, restaurant and office uses in addition to the commercial retail use at 1025 LincolnAve., is CONSISTENT with the Criteria for Approval for a Development Plan on Lots 3-5,

Block 32, Original Town of Steamboat Springs.

II.

PROJECT LOCATION







III. BACKGROUND

The subject property is located at 1025 Lincoln Avenue and was previously the site of Steamboat

Home, a consignment and antique store. Zoning on the property is Commercial Old Town (CO)and the purpose of that district is to provide areas for commercial development compatible withthe scale, character and streetscape of the traditional downtown area of the city. Appropriate land

uses include public facilities, commercial retail, primarily on the street and pedestrian level, with

office and/or residential uses above or below the street level. The uses, structures, and projectdesign should focus on providing an interesting pedestrian experience that has variety and vitality

and that is not dependent upon direct vehicular access or immediately adjacent parking.

IV.

PROJECT DESCRIPTION

This mixed use project proposes to add a residential unit and an office to the rear of the Old Pilot

building. The residential and office will be separate uses each with entrances off the alley. Thefront of the building along Lincoln will be divided into a space for retail and a space for arestaurant use, potentially Taco Cabo.

The CDC does not contain a definition that specifically allows for or restricts one or two dwelling

units with a mixed-use project. In 2009 the Director interpreted the CDC to indicate that the

“Multi-Family” definition includes any number of residential units as a component of a mixed use project, making those units subject to the use restrictions and regulations allowed under the Multi-

Family definition (WI-09-02, 10.12.09). Office and Multi Family uses are each permitted as a Use

with Criteria in the CO zone district subject to the following criteria:

Review shall be prior to development or building permit, as applicable.

Offices shall not be located along a pedestrian level street or other public access frontage inthe CO or G-2 zoning districts.

Multiple family units shall not be located along a pedestrian level street or other public

access frontage in the G-2, CO, CY, CN, CC and I zoning districts.

As proposed, neither the apartment or office can be approved as a Use with Criteria. Per Section

26-92(b)(2), if use criteria are not met, Uses with Criteria shall be treated as Conditional Uses.Therefore, the Applicant is requesting Conditional Use approval through a Development Plan toallow the residential unit and office on the street/pedestrian level. Included in the request is a

change of use to allow a restaurant in addition to the existing retail use and other proposed uses. A

restaurant is also a use with criteria in the CO zone district; however the proposed restaurant canmeet the applicable criteria.

According to the application materials there will be minimal exterior changes to the rear of the building where the office and apartment uses will be located. The square footage for the retail and

restaurant uses will be the majority of the property and the retail and restaurant uses will be

prominent along Lincoln Avenue. Please see attached information from the applicant for specificsabout the request and use.







V.

PROJECT ANALYSIS

The following section provides staff analysis of the application as it relates to key sections of theCDC. It is intended to highlight those areas that may be of interest or concern to planning

commission, city council, or members of the public. For a comprehensive list of standards andrequirements applicable to this proposal please refer to the CDC or contact the staff planner .

CRITERIA FOR APPROVAL

CDC - Section 26-65 (d): No development plan shall be approved unless the planning

commission and city council find that the plan meets all of the following criteria:

1. Compatible with Community Plan:

The development plan is compatible with the preferred direction and policies outlined in thecommunity plan or approved master plans.

Staff Analysis: Consistent; The proposed land use classification for the area is Old Town

Commercial which recommends commercial, retail, office, and restaurant uses as well as strong pedestrian relationships, a walking environment, and vibrant public spaces. Residential and office

uses are encouraged to be on the upper stories of buildings. Though residential and office are

encouraged to be on the upper stories, for single story buildings such as this one, the CommunityPlan direction is supported by keeping the Lincoln Street side of the building active and by

allocating the secondary, passive uses of office and residential to the rear of the building on the

alley.

2. Consistency with Surrounding Uses:

The proposed development shall be consistent with the character of the immediate vicinity ofthe parcel proposed for development, or shall enhance or compliment the mixture of uses,

structures and activities present in the immediate vicinity.

Staff Analysis: Consistent; The surrounding uses include restaurant, retail, lodging, and other

commercial uses. Along the alley between 9th

and 10th there are entrances to what appear to be

office and/or residential uses. The proposed uses are consistent with others in the area and those

anticipated in downtown. The proposed uses will enhance and compliment the mixture of uses and

activities present in the immediate vicinity.

3. Minimize Adverse Impacts:

The design and operating characteristics of the proposed development shall minimize any adverseimpacts on surrounding uses and shall not cause a nuisance, considering factors such as proposed setbacks, planned hours of operation, and the potential for odors, noise, smoke, dust, glare,

vibrations, shadows, and visual impacts from the proposed development.

Staff Analysis: Consistent. Impacts from the office and residential use shall not cause a nuisance,however placing residential uses into a commercial area can create the potential for conflict with

existing commercial uses in the future. Commercial and restaurant use impacts can include noise,

extended hours of operation, and odors. The residential and office space should be appropriately

buffered during construction to mitigate potential impacts from noise, odor, and any other potentialdisturbances. Impacts from proposed commercial uses should be minimal or similar to previous







requirements for all existing and proposed uses, however, the majority of parking spaces are

located on a separate legal lot that is under the same ownership as the building that could be sold orseparated from the building and/or developed in the future. To ensure that parking is available for

the existing and proposed uses in the future, staff recommends a condition of approval that wouldrequire the applicant to draft and record a legal document that would place restrictions on all lotswithin the subject property.

8. Variance criteria

Staff Analysis: NA; No variance requested

VI.

STAFF FINDING

Staff finds that the Old Pilot Building Conditional Use request, to allow residential and office uses on

the street/pedestrian level in the CO zone district at 1025 Lincoln Ave., is CONSISTENT with the

Criteria for Approval for a Development Plan on Lots 3-5, Block 32, Original Town of SteamboatSprings..

Recommended Motion

The Planning Commission recommends approval of DP-14-07, a Development Plan for Conditional

Use to allow residential and office uses on the street/pedestrian level in the CO zone district at 1025

Lincoln Avenue with the following conditions:

1. Plans and specifications, and the work to be performed shall comply with all applicable codes

and standards as adopted by the City of Steamboat Springs.

2. Building construction shall include separation and alarms appropriate for mixed occupancies per

the exception written in to the adoption of the 2009 IFC and IBC.

3.

As part of the building permit the applicant/owner shall provide plumbing modificationssufficient for future connection of the building to the existing water service line within the

Lincoln Avenue right-of-way.

4. The sidewalk repairs indicated in the sidewalk inspection letter dated 10/8/2014 must be

complete prior to certificate of occupancy/approval sign-off for the proposed uses.

5. Dumpster enclosure, Site Planning, Lighting, Snow Storage and provision of a bike rack shall be completed as indicated per revised plans dated 11.7.14.

6. No building permit shall issue for the proposed uses until the applicant has executed and

recorded a legal instrument ensuring the continued use of off-site parking facilities in

accordance with Section 26-139(d)(3).

VII. ATTACHMENTS

1. – Project Description provided by the applicant

2. – Site Plan and Floor Plan dated 10.03.14

3. – Revised and Final site plan dated 11.07.14



Attachment 2



Attachment 3



A L L E Y ( 2 0 ' )

E 1 \ 2 L O T 5

L I N C O L N

OLD PILOT

OFFICE

BUILDING

B A S I S O F

B E A R I N G

L O T 4

L O T 3

EXISTING

BUILDING WALL

FOUND 2 12" ALUMINUM

CAP MARKED "1' WC"

PLS 24318 ON #5 REBAR

FOUND 1 12" RED

PLASTIC CAP

ON #5 REBAR

PLS 24318

FOUND REBAR

BENT AND NO

CAP

FOUND 1 12" RED PLASTIC

CAP ON #5 REBAR

PLS 24318

8 1 . 9 '

2 3 .0 ' 1 5

. 0 '

3 7 .0 '

2 4 .3 '

EXISTING OLD PILOTOFFICE SUPPLY BLDG.

S 3 6 ° 0 0

' 5 6 " W

1 3 9 . 9 0

'

EXISTING

FLAGPOLE

EXISTING

LIGHT POLE

(TYP.)

N 3 5 ° 5 9

' 4 3 " E

1 3 9 . 8 8

'

S 5 3 ° 5 9 ' 2 7 " E 7 8 .4 2 '

S 5 3 ° 5 9 ' 2 7 " E 4 6 .4 6 '

S 3 6 ° 0 0 ' 5 6

" W

1 3 9 . 9 1 '

S 5 4 ° 0 0 ' 1 7 " E 4 6 .4 8 '

S 5 4 ° 0 0 ' 1 7 " E 7 8 .4 2 '

L O T 7

L O T 8

L O T 9 B L O C K 3 2

EXISTING

CURB STOP

WATER (INACTIVE)

EXISTING

GAS SERVICE

LINE (TYP)

WATER CURB

STOP

EXISTING

SEWER LINE

SEWER

SERVICE

0' SETBACK FRONT & SIDE

10' SETBACK REAR

EXISTING SIDEWALK IN PUBLIC R.O.W.

1 8 4 . 9

P

SERVICE TO BE

ABANDONED

SERVICE TO BE

ABANDONED

NEW ELECTRICAL

SERVICE

SINGLE PHASE

TRANSFORMER

3 PHASE TRANSFORMER

SERVICE TO BE

ABANDONED

NEW METER BANK

AND DISCONNECT

EXTEND WATER SERVICE

SUPPLY LINE TO LINCOLN

AVE. FRONTAGE

LOADING

DOCK

SPACE

DUMPSTER ENCLOSURE

9 ' X

1 8 ' S P A

C E S

O N E W

A Y

2 0

' W I D E

M I N I

M U M

W H E

N S N

O W I S S T

O R E D

T E M P O

R A R Y

S N O W

S T O R

A G E

T E M P O

R A R Y

S N O W

S T O

R A G E

3' HIGH

FENCE



6 ' - 0 "

6 "

5 ' - 8 "

2'-2"

2 ' - 2 "

14'-2"

8 ' - 1 0 "

15'-2"

6"6"

6'-6"

14'-2"

8"

6

A.05

1 0 ' - 0 "

6 ' - 0 "

1 ' - 4 "

3'-312"3'-6"

6 "

3 ' - 0 "

7 ' - 4 "

1A.05



DP-14-07, Old Pilot Building- Parking Analysis

From TAC letter provided to applicant on November 6, 2014:

“Parking: Based on Section 26-139 required parking is as follows:

1.5 spaces for the residential unit

1 space for the office

3 spaces for Taco Cabo

2 spaces for retail uses

As shown, the project can meet the parking requirements. Staff suggests that spaces for theresidential use should be signed or striped for exclusive use by the residents.

If the property is subdivided or ownership is split in the future and the parking lot (the east half of

Lot 5) is separated from this building, all parking for the proposed uses will need to be

accommodated on the lot with the building. The property that contains the building, Lots 3 and 4,appears to have enough area to accommodate parking for all proposed uses. However, if proposed

site development does not leave enough area to accommodate 8 parking spaces for the proposeduses, the owners of Lots 3 & 4 will need to ensure adequate parking for their uses/tenants in thefuture.”

Additional information:

Proposed Parking, Use Proposed Square Footage Requirement per Section 26-139 CDC

1.5 spaces for the residence 558 SF/1 bedroom 1.5 spaces per one-bedroom in CO

1 space for the office 320 SF 1 space per 500 SF net floor area in CO

3 spaces for Taco Cabo 2,462 SF 1 space per 900 SF net floor area in CO

2 spaces for retail uses 1,618 SF total 1 space per 900 SF net floor area in CO

18 parking spaces shown on original site plan provided by applicant (p 1.9 of packet)

16 spaces, 1 dumpster area, 1 loading dock space shown on revised site plan dated 11.7.14

(p 1.13 of packet)

Attachment 4



Lot 1

Lot 2

Legend

o

May 2013

Document Path: C:\Users\tstauffer\Documents\Projects\PP\1025 lincoln\Exhi

This data was prepared from publicly available information and should be used forreference purposes only. Any other use or recompilation of this information is the soleresponsibility of the user. This data cannot be used to establish legal title, boundary lines,setback compliance, locations of structures, improvements or utilities, or relied upon in anyflight activity. It will not be accepted as a substitute for ground site survey information

during the planning/engineering process of project development. The City of SteamboatSprings expressly disclaims all liability regarding accuracy or completeness of this data.

0 125

Feet

1 0 " P u b l i c S e w e r M a i n

8 " S t o r m D r a i n

N o n -

C o n f

o r m

i n g

3 / 4 " P

r i v a t e

W a t

e r S e

r v i c e

1 5 " P u

b l i c

S e w e

r M a i

n

8 " P u

b l i c

W a t

e r M a i

n

8 " P u b l i c W a t e r M a i n P o t e n t i a

l F u t u r e

P r i v a t e W a t e r S e r v i c e

P o t e n t i a l F u

t u r e

W a t e r

S e r v i

c e

E x i s

t i n g U n

u s e d

3 / 4 "

P r i v

a t e W

a t e r

S e r v i c

e

Attachment 5



STEAMBOAT SPRINGS PLANNING COMMISSION MINUTESNovember 20, 2014

The regularly scheduled meeting of the Steamboat Springs Planning Commission wascalled to order at approximately 5:00 p.m. on Thursday, November 20, 2014, in the

Citizens’ Meeting Room, Centennial Hall, 124 10th Street, Steamboat Springs, Colorado.

Planning Commission members in attendance wereChair Jason Lacy, Kathi Meyer, Michael Buckley, Charlie MacArthur and Jerry Burns.

Absent: Rich Levy

Staff members present were city planners Toby Stauffer and Bob Keenan. _____________________________________________________________________

PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA

None.

Attachment 6



Planning Commission Minutes11/20/14

2

Original Town of SS, B32, L3-5, (Old Pilot Bldg.) DP-14-07Applicant: Lakeside Landing, c/o: Jan KaminskiProject Location: 1025 Lincoln AvenueType of Application: Development PlanGeneral Description: A conditional use request to change existing retail use to apartment, office,

restaurant and retail.

Project Planner: Toby Stauffer, AICP, City Planner, (970) 871-8280,Email: [email protected]

Discussion on this agenda item started at approximately 5:01 p.m.

STAFF PRESENTATIONToby Stauffer:This property was previously the site of Steamboat Home, which was a consignment andantique store; the zoning is CO; and the purpose of the district is generally to provide areasfor commercial development compatible with the scale, character and streetscape of thedowntown area of the city. Appropriate uses include public facilities, commercial, retail,office or residential uses (usually above or below the street level.) This project will add a

residential unit and an office to the rear of the old Pilot building. The residential and officewill have separate entrances off of the alley, and the front of the building along Lincoln willbe divided into space for retail and space for a restaurant (potentially Taco Cabo.)The CDC right now doesn’t contain a definition that allows for one or two dwelling units in amixed-use projects, so that’s something we’ll be working on. But in 2009, we used themulti-family definition to allow us to place one or two units ins a mixed-use building. Withinthat multi-family definition, it does say that offices and residential units should not belocated on the pedestrian level, street or other public access frontage. The alley in this caseis the public access frontage. As those are uses with criteria, if they can’t meet that criteria,then they need to apply for a conditional use. That’s why this project is in this process.There will be very minimal exterior changes. Those will mainly be on the rear of the building

where the office and apartment will be located. Square footage for retail and restaurantuses will be the majority of the property, and they will be the prominent uses along Lincoln

Ave.Stauffer showed drawings of what that would look like.Staff has reviewed this for compatibility with all of the criteria for a development plan; wefound it to be consistent. The main thing we focused on with the community plan was thatthe residential and office are going to be on the backside of the building, keeping the frontside (the Lincoln Ave side) active. Those passive uses are on the rear, so we feel thatmeets the intent of the community plan in the CO zone district. We have advised theapplicant to minimize the impacts from the residence and office may feel from being closeto other commercial uses in the area to keep that consistent and viable for commercial in

the area. We’ve encouraged them to buffer the construction of those uses from any impactsthey may have. This project is also in compliance with all of our other standards includingthe development standards. The few things we looked at there were dumpster screening,site planning, lighting, snow storage, complete streets and parking. We’ve got a revised siteplan, which shows some additions to add some private space for the office and theresidence, shifting the dumpster and where the enclosure is going to be, providing loadingdock space and some walkways to allow access to those areas. That revised site planmeets most of our comments there.The one thing I have to add is the parking information I provided to you today. Parking forthe property: There’s 1.5 spaces needed for the residential unit, one space for the office,




3

three for the restaurant use and two for the retail uses. The property provides 18 spacesinitially; 16 after they added the dumpster area and the loading dock. So there are enoughspaces for the current and proposed uses. But those parking spaces are located on aseparate property. We’ve got an 11x17 that shows the proposed subdivision plat that camein for this property about 1.5-2 years ago. That was a preliminary plat, and it would put the

building onto what’s shown as Lot 2 there and the parking on what’s shown as Lot 1. Thatpreliminary plat was approved with conditions; it hasn’t been completed yet; it’s also notexpired. So that would create two separate, viable lots, and it would put the parking onto alot that could eventually be developed. So we’ve suggested a condition of approval with thisapplication to ensure that the parking will continue with the uses and be evaluated at thetime of any redevelopment of that parking lot. The applicant has agreed to that. There’salso another condition which talks about running a water line toward the front of thebuilding. That would be consistent with any potential subdivision. There’s a three quarterinch water service that’s nonconforming in a lot of ways. It crosses Lot 1 and would go toLot 2. So the water service for the building is not located on its current lot, which isn’tallowed by our current standards. That water line is also too shallow, too small and too

close to the sewer. We’re not requiring that water line to be changed with these changes ofuse, but we are requiring a stub for the future water if these were to be redeveloped. So asthey’re doing tenant finish, they’re going to stub out the water to the front of the property,which is where the water would come from eventually for this building. So those conditionsare 3 and 6, and they would be consistent with any proposed development and the currentpreliminary plat we have on. Now it also works for the current building. We’rerecommending approval with those conditions as listed.

APPLICANT PRESENTATION

Jan Kaminski, Mountain Architecture Design Group:The conditions of approval are acceptable to my client.

QUESTIONS FROM COMMISSIONERSCommissioner Meyer:Since the approval of the preliminary plat is still valid for one more year, other than parking,if the applicant came in, could they continue to pursue the subdivision plat as well aschange the use? How would one affect the other? Or are they so separate staff will belooking at the subdivision based on the requirements?

Stauffer: They can do both, and there should be no conflicts with that since the uses are just in the building we’re addressing, and the impacts from those uses with this applicationand the subdivision can move forward. The conditions we’ve applied to the uses herewould be consistent with anything they did on that plat so long as they recorded some long-term agreements for the parking because that would much more formally separate thatparking lot. Right now, half the building and the parking is on one lot. It’s still all under oneownership, but that subdivision would really separate that out and make it a much moredevelopable parcel, which is the purpose of that subdivision. We may encourage thatsomeday. I’m not sure if we want a parking lot in our downtown. That’s kind of a hole rightnow on our main street. That’s a discussion we can have another time if that were to




4

redevelop. But it would make it a very valuable piece. I think they can both proceedseparately, and they’re not going to be in conflict with each other.

COMMISSIONER DELIBERATION/MOTION

Commissioner Meyer moved to approve #DP-14-07 with the attached conditions 1-6.Commissioner Burns seconded the motion.

VOTE

Vote: 5-0Voting for approval of motion: Lacy, Buckley, MacArthur, Meyer and Burns




6

Approval of Minutes

No Minutes to approve.

DIRECTOR’S REPORT

None.

Stauffer: We are going to have a policy worksession on Monday to review theoutdoor storage seating and display text amendment. We’ve made some changesthat were sort of major from where we started. So we’re hopefully going to move itforward in the adoption process for December-January.

Lacy: That is set for our first public hearing in December.

ADJOURNMENTCommissioner MacArthur moved to adjourn the meeting at approximately 5:18 p.m.Commissioner Burns seconded the motion.

VOTE

Vote: 5-0Voting for approval of motion: Lacy, Buckley, MacArthur, Meyer and Burns



A A GGEENNDD A A IITTEEMM ##77..

CCIITT Y Y CCOOUUNNCCIILL CCOOMMMMUUNNIICC A A TTIIOONN FFOOR R MM

FROM: Bob Keenan, Senior !anner "E$. %&'(T)!er Gibb*, AIA, Dire+$or o !annin- an Co//0ni$) De1e!o2/en$"E$. %33(

T4ROUG4: Deb 4in*1ar5, Ci$) Mana-er, "E$. %%6(

DATE: De+e/ber &, %'3

ITEM: #T8T939'3: Te$ A/en/en$ 9 Mobi!e Foo Uni$*

NE8T STE: Ti* i* $e %n

an ina! reain-. Fir*$ reain- o $e orinan+e ;a*on De+e/ber %, %'3.

_X ORDINANCERESOLUTION

_ MOTIONDIRECTIONINFORMATION

RO<ECT NAME: #T8T939'3: Te$ A/en/en$ 9 Mobi!e Foo Uni$*

ETITION: A Te$ A/en/en$ $o $e Co//0ni$) De1e!o2/en$ Coe $ore/o1e oo *a!e* ro/ $e O0$oor Sa!e* eini$ion an $o +rea$ea ne; 0*e +a$e-or) an eini$ion or Mobi!e Foo Uni$* anre/o1in- an) +on!i+$in- !an-0a-e.

ALICANT: Ci$) o S$ea/boa$ S2rin-*, De2ar$/en$ o !annin- an Co//0ni$)De1e!o2/en$, +=o T)!er Gibb*, !annin- Dire+$or, Cen$ennia! 4a!!,

%3 '$

S$ree$, O Bo 77>'66, S$ea/boa$ S2rin-*, CO 6'377,?7'967?9%'&'.

C ACTION: !annin- Co//i**ion 1o$e $o a22ro1e on No1e/ber %', %'3@ o$e:>9'



Executive Summary

Ba+5-ro0n

Te Co//0ni$) De1e!o2/en$ Coe "CDC( +!a**iie* o0$oor oo 1enin- in+!0in-oo $r0+5*, +ar$*, an $rai!er* a* an O0$oor Sa!e* 0*e. O0$oor Sa!e* i* !i*$e a* aConi$iona! 0*e in a!! one i*$ri+$* an re0ire* >'' a22!i+a$ion ee an re1ie;$ro0- $e 20b!i+ earin- 2ro+e**. S$a be!ie1e* $e Coni$iona! U*e 20b!i+ earin-2ro+e** or O0$oor Sa!e* ;a* 20r2o*e0! *o $a$ ea+ 2ro2o*a! +o0! be re1ie;e on a+a*e b) +a*e ba*i*. 4o;e1er, $e +0rren$ 2ro+e** or a!!o;in- oo $r0+5* an +ar$* i*e+e2$iona!!) $i/e +on*0/in- an e2en*i1e +o/2are $o $e 2o$en$ia! i/2a+$*a**o+ia$e o0$oor oo *a!e*.

Foo $r0+5* an oo +ar$* are in+rea*in- in 2o20!ari$) a+ro** $e +o0n$r) an i$ /a) be

a22ro2ria$e $o +rea$e ne; 0*e +a$e-orie* an eini$ion* or $e*e $)2e* o 0*e* an*e2ara$e $e/ ro/ $e O0$oor Sa!e* 0*e=eini$ion. i!e $e*e $)2e* o 0*e* /a)be 1ie;e a* +o/2e$i$ion $o bri+5 /or$ar b0*ine**e*, i$ +an a!*o be 1ie;e a* ne;b0*ine** in+0ba$or*, a* 2ro1iin- ae !ie an ener-) $o +o/2!e/en$ a b0*ine**i*$ri+$, a* ;e!! a* 2ro1iin- o22or$0ni$ie* or +0!inar) e2erien+e* an en$er$ain/en$.

A 0*e +a$e-or) an eini$ion +a!!e Mobi!e enin- ;a* +rea$e in %' $oa++o//oa$e 1enin- in $e 20b!i+ ri-$9o9;a) ro/ non9ie !o+a$ion*. Ti* 0*e ;a*e*$ab!i*e $o a+i!i$a$e *a!e* *i/i!ar $o $a$ o an i+e +rea/ $r0+5 $a$ ro!!* $ro0-nei-boroo* an on!) *$o2* ;en a22roa+e b) +0*$o/er*. Ti* 0*e i* *e2ara$ean i*$in+$ ro/ O0$oor Sa!e* an $e 2ro2o*e Mobi!e Foo Uni$ 0*e*.

Ci$) S$a a* e! $;o *$a5eo!er /ee$in-* in ;i+ ;e *o!i+i$e eeba+5 on $e2ro2o*e +an-e* $o a!!o; Mobi!e Foo Uni$* an $e 2ro2o*e 0*e +ri$eria. Te*$a5eo!er -ro02 +on*i*$e o Mo0n$ain i!!a-e ar$ner*i2, Main S$ree$, anS$ea/boa$ S5i Cor2* re2re*en$a$i1e* a* ;e!! a* ini1i0a! oo $r0+5=+ar$ o2era$or*.Te 2ro2o*e +an-e* ;ere ;e!! re+ei1e an *$a e2e+$* $o ear ro/ $e/ $ro0-$e 20b!i+ earin- 2ro+e**.

ro2o*a!

Te !annin- De2ar$/en$ i* 2ro2o*in- an a/en/en$ $o $e CDC $o a!!o; one oo +ar$

or $r0+5 2er !o$ on 2ri1a$e 2ro2er$), a/ini*$ra$i1e!), 2ro1ie $e) /ee$ $e +ri$eria ora22ro1a! an $a$ $e 0*e i* a!!o;e $a$ 2ar$i+0!ar one i*$ri+$. Te 2ro2o*e +an-e*;o0! $0rn $e >'' a22!i+a$ion ee in$o a >' ee an $e ro0-!) $;o /on$ 2ro+e**in$o a e; a)*.

To a+i!i$a$e $e*e +an-e*, *$a i* 2ro2o*in- $o +rea$e a ne; eini$ion an 0*e +a$e-or)+a!!e Mobi!e Foo Uni$. e are 2ro2o*in- $o a/ini*$ra$i1e!) a!!o; Mobi!e Foo Uni$* in



a!! +o//er+ia! one i*$ri+$* a* ;e!! a* $e In0*$ria! one i*$ri+$ a* a U*e ;i$ Cri$eria.Mobi!e Foo Uni$* ;o0! be a!!o;e a* a Coni$iona! U*e, re0ire 20b!i+ earin- anDe1e!o2/en$ !an, in $e O2en S2a+e an Re+rea$ion, Re*or$ Re*ien$ia!, Gono!a9One,an T39NC one i*$ri+$* 0e $o $e 2o$en$ia! or in+rea*e i/2a+$* $o aHa+en$ 0*e*.Mobi!e Foo Uni$* are 2ro2o*e $o be 2roibi$e in $e Ci$)* *in-!e9a/i!), /0!$i9a/i!),

/obi!e o/e, an !e** in$en*e TND one i*$ri+$*. Foo $r0+5* an oo +ar$* !o+a$e inCi$) 2ar5* are ee/2$ ro/ $i* 2ro+e** an are *0bHe+$ $o re1ie; b) $e ar5* anRe+rea$ion Co//i**ion.

In +oorina$ion ;i$ $e 2ro2o*e +an-e*, *$a i* a!*o 2ro2o*in- $o re/o1e +on!i+$in-!an-0a-e an +!ari) ei*$in- !an-0a-e $o $e o!!o;in-:

• O0$oor Sa!e* Deini$ion J Re/o1in- $e oo an be1era-e +on!i+$in- !an-0a-e• roibi$e Si-n* J Re/o1in- +on!i+$in- !an-0a-e re-arin- 1ei+!e *i-na-e• Mobi!e enin- J C!ari)in- !an-0a-e an no$in- $e ieren+e be$;een $i*

eini$ion an $a$ o Mobi!e Foo Uni$*

!ea*e *ee a$$a+:/en$ orinan+e, a$$a+:/en$ >, or $:e 2ro2o*e +:an-e* $o $:e CDC.

Plannin C!mmi""i!n Di"cu""i!n

Te !annin- Co//i**ion e! $;o earin-* on $i* i$e/: No1e/ber $ an No1e/ber%'$.

Te !annin- Co//i**ion $ab!e $i* i$e/ a$ $eir No1e/ber $ /ee$in- $o 2ro1ie*$a an o22or$0ni$) $o ;or5 ;i$ $e ar5* an Re+rea$ion *$a $o i*+0** $e ea*ibi!i$)o $e ar5* an Re+rea$ion Co//i**ion a/ini*$erin- $e 2ro2o*e Mobi!e Foo Uni$+ri$eria ;en re1ie;in- a22!i+a$ion* or oo 1enin- in Ci$) 2ar5*. !annin- *$a i

rea+ o0$ $o ar5* an Re+rea$ion *$a an $e) are *022or$i1e o $i* re0e*$. ar5**$a ;i!! /a5e a re+o//ena$ion re-arin- $i* +ri$eria $o $e ar5* an Re+rea$ionCo//i**ion a$ a 0$0re /ee$in-.

O$er +o//i**ioner i*+0**ion in+!0e a e; 0e*$ion* 2er$ainin- $o $e 2ro2o*e+ri$eria.

!ea*e *ee $:e a$$a+:e /ee$in- /in0$e* or /ore inor/a$ion.

Pu#lic C!mment

0b!i+ +o//en$ on $i* i$e/ ;a* in 2er*on ro/ Bob Sa/ari+ an C)n$ia o0-ia!e*.

Bo$ e2re**e $eir *022or$ or $e 2ro2o*e +an-e*, a/on- o$er +o//en$*.Tere ;a* no 20b!i+ +o//en$ a$ $e =%'=3 earin-.

!ea*e *ee $:e a$$a+:e 77=7K=73 /ee$in- /in0$e* or /ore inor/a$ion.

Rec!mmen$e$ M!ti!n

On No1e/ber %', %'3, ;i$ a 1o$e o >9', $e !annin- Co//i**ion re+o//enea22ro1a! o $e Co//0ni$) De1e!o2/en$ Coe Te$ A/en/en$*, #T8T939'3, $o



re/o1e oo *a!e* ro/ $e O0$oor Sa!e* eini$ion, $o +rea$e a ne; 0*e +a$e-or) aneini$ion or Mobi!e Foo Uni$*, an $o re/o1e an) +on!i+$in- !an-0a-e.

Li"t !% attac&ment"

A$$a+/en$ J C S$a Re2or$ A$$a+/en$ % J ==3 Dra$ C Min0$e* A$$a+/en$ 9 =%'=3 C Me/o A$$a+/en$ 3 J =%'=3 Dra$ C Min0$e* A$$a+/en$ > 9 ro2o*e Orinan+e



AAGGEENNDDAA IITTEEMM ## 33

PPLLAANNNNIINNGG CCOOMMMMIISSSSIIOONN CCOOMMMMUUNNIICCAATTIIOONN FFOOR R MM _______________________________________________________________________________

FROM: Bob Keenan, Senior Planner (Ext. 260)

THROUGH: Tyler Gibbs, AIA, Director of Planning & Community Development (Ext.

244)

DATE: November 13, 2014

ITEM: #TXT-14-04: Text Amendment - Mobile Food Units and Outdoor Sales

NEXT STEP: Planning Commission’s recommendation will be forwarded to the City

Council for first reading of this ordinance on December 2nd and second

reading on December 16th.

_______________________________________________________________________________

X ORDINANCE

RESOLUTION

X MOTION

_ DIRECTION

INFORMATION ______________________________________________________________________________

PROJECT NAME: #TXT-14-04: Text Amendment - Mobile Food Units and Outdoor Sales

PETITION: A Text Amendment to the Community Development Code to remove food

sales from the Outdoor Sales definition and to create a new use category

and definition for Mobile Food Units and removing any conflicting

language.

APPLICANT: City of Steamboat Springs, Department of Planning and Community

Development, c/o Bob Keenan, Senior Planner, Centennial Hall, 124 10th

Street, PO Box 775088, Steamboat Springs, CO 80477, 970-879-2060.

Attachment 1



PLANNING COMMISSION COMMUNICATION FORM

#TXT-14-04: Text Amendment: Mobile Food Units and Outdoor Sales November 13, 2014

I. COMMUNITY DEVELOPMENT CODE (CDC) – STAFF ANALYSIS SUMMARY

CDC - Section 26-61(D): Criteria for approval. Approval of the amendment shall be granted only if it

appears by clear and convincing evidence presented during the public hearing before planning commission

or city council that the following conditions exist:

Subsection CONSISTENT NOTES

Yes No NA

1) Compatibility with the community

plan.

2) Error or goal/objective.

3) Public health, safety, & welfare

Staff Finding: Staff finds that the proposed Community Development Code Text Amendments,

#TXT-14-04, to remove food sales from the Outdoor Sales definition and to create a new use

category and definition for Mobile Food Units and removing any conflicting language, are

consistent with the criteria for approval per CDC Sec. 26-61(D).

II. BACKGROUND

The Community Development Code (CDC) classifies outdoor food vending including food

trucks, carts, and trailers as an Outdoor Sales use. Outdoor Sales is listed as a Conditional use in

all zone districts and requires $500 application fee and review through the public hearing

process. Staff believes the Conditional Use public hearing process for Outdoor Sales was

purposeful so that each proposal could be reviewed on a case by case basis. However, the current

process for allowing food trucks and carts is exceptionally time consuming and expensive

compared to the potential impacts associated outdoor food sales.

Food trucks and food carts are increasing in popularity across the country and it may be

appropriate to create new use categories and definitions for these types of uses and separate them

from the Outdoor Sales use/definition. While these types of uses may be viewed as competition

to “brick mortar” businesses, it can also be viewed as new business incubators, as providing

added life and energy to complement a business district, as well as providing opportunities for

culinary experiences and entertainment.

A use category and definition called Mobile Vending was created in 2011 to accommodate

vending in the public right-of-way from non-fixed locations. This use was established to

facilitate sales similar to that of an ice cream truck that rolls through neighborhoods and onlystops when approached by customers. This use is separate and distinct from Outdoor Sales and

the proposed Mobile Food Unit uses.

City Staff has held two stakeholder meetings in which we solicited feedback on the proposed

changes to allow Mobile Food Units and the proposed use criteria. The stakeholder group

consisted of Mountain Village Partnership, Main Street, and Steamboat Ski Corps representatives





as well as individual food truck/cart operators. The proposed changes were well received and

staff expects to hear from them through the public hearing process.

Current Regulations and Use Chart

Mobile vending means selling or offering for sale merchandise, food, or beverages from any type

of vehicle or conveyance operating in a public way or public places. Mobile vending does not

include vendors operating food carts or other vehicles or conveyances that operate or solicit

business from a fixed location. (Refer to outdoor sales for vending from in a fixed location.)

(1) Use criteria.

a. The applicant must demonstrate that the applicant's operation will be mobile and not

limited to a fixed location or series of fixed locations.

b. The applicant must demonstrate that the applicant's operations will not obstruct the

public way or place or constitute a health hazard or other hazardous condition and iscompatible with the intended use or traffic upon the public way or public place.

c. Vendors of food products must also obtain any approvals or permits required by the

Routt County Department of Public Health or other authorized regulatory authority.

d. Applicants proposing to operate in parks or open space areas must submit their

proposed operation for review by the parks and recreation commission and obtain the

written approval of the director of parks, open space, and recreational services.

e. Hours of operation shall be from sunrise to sunset local time.

f. Mobile vending locations are limited to areas shown on the mobile vending map that ismaintained by the director of planning and community development.

Outdoor sales. Sales and vending of merchandise, food, or beverages, or services offered from a

fixed public or private location. Such sales and vending may occur on a seasonal or permanent

basis. This includes, but is not limited to tent sales and food carts.

Traditional Zoning Districts TND Zoning (Transects)

Use

Classification

and Specific

Principal Uses

OR RE RN RO RR MH MF G-1 G-2 CO CY CN CC CS I T2-

NE

T3-

NG1

T3-

NG2

T4-

NC

T5-

TC

SD

Mobile vending CR CR CR CR CR CR CR C C C C C C C C

R

CR CR CR CR CR CR

Outdoor sales C C C C C C C C C C





III. DESCRIPTION

The Planning Department is proposing an amendment to the CDC to allow one food cart or truck

per lot on private property, administratively, provided they meet the criteria for approval and that

the use is allowed that particular zone district. The proposed changes would turn the $500application fee into a $50 fee and the roughly two month process into a few days.

To facilitate these changes, staff is proposing to create a new definition and use category called

Mobile Food Unit. We are proposing to administratively allow Mobile Food Units in all

commercial zone districts as well as the Industrial zone district as a Use with Criteria. Mobile Food

Units would be allowed as a Conditional Use, required public hearing and Development Plan, in the

Open Space and Recreation, Resort Residential, Gondola-One, and T4-NC zone districts due to the

potential for increased impacts to adjacent uses. Mobile Food Units are proposed to be prohibited

in the City’s single-family, multi-family, mobile home, and less intense TND zone districts. Food

trucks and food carts located in City parks are exempt from this process and are subject to review

by the Parks and Recreation Commission. Please see attachment 1 for the newly proposed Mobile Food Unit definition, criteria, and use chart.

In coordination with the proposed changes, staff is also proposing to remove conflicting language

and clarify existing language to the following:

Outdoor Sales Definition – Removing the food and beverage conflicting language

Prohibited Signs – Removing conflicting language regarding vehicle signage

Mobile Vending – Clarifying language and noting the difference between this definition and

that of Mobile Food Units

Please see attachment 2 for the proposed related changes to the CDC.

Staff has also included a draft of the submittal requirements required for review of a Mobile FoodUnit Use with Criteria application. Please see attachment 3 for the draft submittal requirements.

We also plan to create an informational fact sheet on this use that includes information on the

approval process as well as information on any other permits required by other agencies such as

Routt Environmental Health, Parks Open Space and Recreation, and City Tax licenses.

IV. CRITERIA FOR REVIEW AND APPROVAL

CDC Sec. 26-61. CDC text amendments.

(d) Criteria for approval. In considering any application for amendment to the CDC, the

following criteria shall govern unless otherwise expressly required by the CDC. Approvalof the amendment shall be granted only if it appears by clear and convincing evidence

presented during the public hearing before planning commission or city council that the

following conditions exist:

(1) Compatible with the community plan. The amendment to the CDC is compatible

with and further the community plan's preferred direction and policies.





Staff Analysis: Consistent: The proposed CDC Text Amendment is compatible

with and furthers the Steamboat Springs Area Community Plan with the following

goals and policies. There are no conflicts between this amendment and the goals

or policies of the plan.

Supporting and maintaining the expansion of local businesses, Goal ED-2. Supporting opportunities to expand and increase the number of local

businesses in Steamboat Springs, Policy ED-2.1

Encourage high quality site planning and building design, CD-1.4.

(2) Error or goal/objective. The amendment to the CDC will correct an error, or will

further a public goal or objective.

Staff Analysis: Consistent: The proposed amendment will further a public

objective which is to provide a development review process and standards that is

commensurate with the level of impact anticipated by the proposed use. As

previously stated above, the level of review for food carts and trucks, requiredDevelopment Plan and public hearings, may be excessive for this type of use.

Appropriate development standards can be anticipated to mitigate negative

impacts associated with this type of use.

(3) Public safety. The amendment to the CDC is necessary to ensure public health,

safety and welfare.

Staff Analysis: Consistent: The proposed CDC Text Amendments is necessary to

ensure the public health, safety and welfare by requiring a review process and

development standards that reduce negative impacts to the community and

adjacent properties.

V. STAFF FINDING & CONDITIONS

Staff finds that the proposed Community Development Code Text Amendments, #TXT-14-04, to

remove food sales from the Outdoor Sales definition and to create a new use category and definition

for Mobile Food Units and removing any conflicting language, are consistent with the criteria for

approval per CDC Sec. 26-61(D).

VI. ATTACHEMENTS

1. Proposed Mobile Food Unit Amendment2. Proposed Associated Amendments

3. Draft Submittal Requirements



Draft Proposed Amendment – Mobile Food Unit

Traditional Zoning Districts TND Zoning (Transects)

UseClassificationand Specific

Principal Uses

OR RE RN RO RR MH MF G-1 G-2 CO CY CN CC CS I T2- NE

T3- NG1

T3- NG2

T4- NC

T5-TC

SD

Mobile Food

Unit

C C C CR CR CR CR CR CR CR C CR

Definition and Use Criteria

Mobile Food Unit – A readily movable wheeled push cart (capable of being pushed by one

person), motorized-wheeled vehicle, or towed-wheeled vehicle all of which are designed and

equipped to serve prepared food or prepare and serve food for immediate consumption.

The mobile food unit must meet all criteria in section (a) or (b) below.

1. Criteria

a) City Owned Parks in the OR zone district are exempt from these regulations.

Approval of vending in City Parks is through the Parks and Recreation Commission.

b) For all other applicable zone districts:

1. Permits are valid for the calendar year in which it is issued (January 1 to

December 31) with the exception that permits issued on or after November 1st

shall be valid through the following calendar year.

2. Must be located on private property.

3. No more than 1 mobile food unit shall be allowed per lot or parcel at one time.

More than 1 mobile food unit may be allowed as a Conditional Use.

4. Shall not be located in sensitive environmental areas such as wetlands or

floodways.

5. Shall serve walk-up customers only. No drive-thru service allowed.

6. Mobile unit must be located on a paved or all weather surface.

7. Location of the unit on a lot must be situated to avoid adverse impacts to

adjacent properties. Operations shall not obstruct the visibility of motorists,

parking lot circulation, emergency access, access to or along a public street,alley, sidewalk, or trail. Customer queuing may be allowed on a public

sidewalk provided a minimum of 6’ of unobstructed clearance is maintained.

Queuing on public trails is prohibited.

8. Any related activities and equipment shall not occur outside of the mobile

food unit approved area as depicted on the required site plan.



9. Shall demonstrate the availability of parking in the immediate area with the

exception of uses located within the G-2, CO, CY, CN (Oak Street) zone

districts.

10. Cannot displace required parking of another use on the property.

11. Signs must be permanently affixed to or painted on the mobile food unit and

are exempt from sign permitting provided that they do not include any

prohibited sings per Article IX. All other signs must comply with Article IX.

12. Signs shall not project from the mobile food unit with the exception of

sandwich board signs.

13. Must be maintained in good order, without loose debris, materials, or other

nuisance impacts. Both trash and recycling receptacles shall be required and

the operators shall be responsible for their storage and daily disposal.

14. Mobile Food Units must be designed and built meeting normal industry

standards.

15. Exterior lighting shall comply with Chapter 26-138.16. In the CN zone district along Oak Street, mobile food unit is only allowed on

the Lincoln Avenue side of Oak Street.

17. In the CO zone district mobile food units shall also comply with the

following:

a. Only open air push carts or trailers (unenclosed) of less than 9’ long x

5’ wide x 7’ tall are allowed.

b. Accessory items detached from the mobile food unit must be placed

directly behind the unit and not readily visible from the public Right-

of-Way or public trail/sidewalk easement.



Mobile Food Unit - Cross-referenced Changes

26-402. – Definitions and use criteria

Mobile vending means selling or offering for sale merchandise, food, or beverages from any type

of vehicle or conveyance, operating in a public way right-of-way or places of public access,which is in continuous circulation except when conducting business, serving customers. Mobilevending does not include vendors operating food cartsmobile food units or other vehicles orconveyances that operate or solicit business from a fixed locationor a series of fixed locations.(Refer to outdoor sales mobile food unit for vending from in a fixed location.)

Outdoor sales. Sales and vending of merchandise, food, or beveragesproduce, or services offered

from a fixed public or private location. Such sales and vending may occur on a seasonal or

permanent basis. This includes, but is not limited to tent sales and food carts. Outdoor sales does

not include mobile vending or mobile food unit uses.

26-222. - Prohibited Signs

(12) Vehicle signs, or vehicles that are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is touse the parking of the vehicle to advertise a product, service or activity or direct people to a business or activity. This prohibition excludes vehicles that are parked for the purposes ofconducting business in a manner in which the vehicle was designed.



Submittal Requirements – Mobile Food Unit

1. Narrative

a) Location

b) Description – Shall note compliance with applicable criteria that warrants additional

explanation.c) Hours of operation

2. Site Plan with the following information:

a) Scaled drawing

b) Perimeter outline of lot lines.

c) Existing principal and accessory structures and uses.

d) Location of existing site improvements such as parking areas, streets, sidewalks, and

trails.

e) Approved area, proposed location of mobile food unit including but not limited to any

exterior operations such as customer queuing, trash, recycling, coolers, seating, etc.

f) Location of all-weather surfaces.

3. Picture or drawing of mobile unit

4. Proposed signage



STEAMBOAT SPRINGS PLANNING COMMISSION MINUTESNovember 13, 2014



Planning Commission members in attendance wereChair Jason Lacy, Kathi Meyer, Rich Levy, Charlie MacArthur and Jerry Burns.

Absent: Michael Buckley

Staff members present were city planners Toby Stauffer and Bob Keenan, and principalplanner Rebecca Bessey

_____________________________________________________________________

Mobile Food Unit Text Amendment TXT-14-04Applicant: City of Steamboat SpringsType of Application: A Text Amendment to the Community Development code.General Description: A Text Amendment to the Community Development code to include anew definition and use called Mobile Food Unit and to amend conflictinglanguage.Project Planner: Bob Keenan, AICP, CFM Senior Planner, (970) 871-8260,Email: [email protected]

STAFF PRESENTATIONBob Keenan, City Planner:Tonight before you is a text amendment to the Community Development Code to allow

administrative review of mobile food carts and trucks that are located on private propertyprovided they meet the included criteria for approval. This would be a significant change tothe current process by which these are reviewed as part of the outdoor sales use category.Outdoor sales use is a conditional use in all zone districts and therefore requires adevelopment plan application, a $500 application fee, and hearings to planning commissionand city council. So it’s quite an expensive and time-consuming process compared to thepotential impacts that could be better addressed through criteria. We’ve heard as muchfrom our applicants as we have from city council and I think from planning commission to acertain extent. We’ve seen half a dozen of these in the past two years I would say, and Ithink they’ve been appropriately located, but they’ve all been approved. So it seemed like itwas time to look for a more efficient way to get to the same end. So I think by addressing

this use with criteria – because previously, it was conditional use, so it was a haphazardreview; it was whatever we thought the impacts might be. This way, we put in a little bitmore forethought about what those impacts might be, and we’ve tried to address those inthe use criteria. So this would be an administrative review, a $50 application fee, and itwould probably take a couple days for staff to review it and provide an approval orcomments.We’ve provided the criteria for approval. Currently, we’re going to stick to the same systemwhere any proposed food carts or food trucks that are located on city-owned open space or

Attachment 2




2

the open space recreation district continue to go through the parks and recreationcommission for approval. Other private open space in recreation zone district is going toremain a conditional use so we can review those on a case-by-case basis. We’re proposingto allow food carts and food trucks administratively in all of our commercial districts. Thatwould include downtown (Lincoln Ave, the Lincoln Ave side of oak Street, Yampa Street,)

the industrial zone, and up at the ski area in the G2 zone district.It’s important to note that we are proposing that an approval would last one calendar year.So that would give us the ability to review the success or failures of this code change as weget down the line and tweak the criteria as necessary to ensure that we’re addressing anypotential conflicts that may arise – though we don’t really anticipate any. We’re proposingthat only one food cart or truck would be allowed per property, and if we wanted to havemore than one per property, it would be appropriate to evaluate the impacts of clusteringfood carts and food trucks through the conditional use process. We’ve heard that that mightbe an option that some business owners would like to pursue in the future, so that avenueis available to them.The mobile food unit shall not displace any required parking on the property. We’ll just

suggest that if this is recommended for approval that it be contingent upon changing criteria#10 that could read: “cannot displace required parking for all uses on the property” ratherthan “required parking for another use on the property.”We’ve also proposed to include just a little bit more robust design criteria for those types offood carts that might want to operate in the CO district on Lincoln Ave. For example, there’ssome grassy space between the right-of-way and Bank Of The West. If Bank Of The Westsaid they thought it was a good idea to have a food cart out in front of their property, wewould limit that to an unenclosed cart, so you couldn’t pull up a big food truck van and parkthat in front of the building on Lincoln Ave. It would be restricted to an unenclosed cart ofnine feet long, five wide and seven tall. Accessory items such as coolers, chairs and thatsort of thing would need to be somewhat screened from the public right-of-way so it doesn’tappear unsightly.There’s other criteria that address operational characteristics. I want to note that we’ve hadtwo stakeholder group meetings. We presented a first draft to them and solicited feedback.I think it’s been fairly well received. We held a second meeting because there have beensome changes since we initially had shown them the criteria; we added some criteria aboutthe CO zone district.We’ve got draft submittal requirements that include a detailed site plan to show wherethey’re going to locate the cart, how they’re going to set up any tables and chairs, trash,that sort of thing so that we get that captured on a site plan. We’re going to hold them tothat configuration throughout the duration of their approval just so that if it starts to spill outfrom the original site plan, we can reign that back in. It includes hours of operation, anysignage, any lighting that might be proposed. If this gets approved, we’ll put together a factsheet that will list some other agencies that they would need to reach out to regarding thistype of use like environmental health, city sales tax, etc.

QUESTIONS FROM COMMISSIONERS

Burns: Bob, can you elaborate on #9: “shall demonstrate the availability of parking in theimmediate area…”? What’s going to be the standard that’s applied to that?




3

Keenan: There’s going to be some discretion involved on staff’s part, but the rationalebehind that standard is that if you’re outside of one of our more pedestrian-oriented areassuch as the zone districts listed there, and say you locate on a vacant parcel maybebetween downtown and Anglers Drive, that’s going to be an auto-oriented location as

there’s not a whole lot of pedestrian activity. So we want to see how you’re going toaccommodate parking to that use in a safe and legal manner. We’ll evaluate that on acase-by-case basis.

Burns: So it’s more of a standard for you guys to evaluate safety and make sureeverything’s accommodated with a set amount of parking spaces or whatever.

Keenan: Yeah, so we’re not creating a safety issue. We just wanted to make sure that wascovered, but I don’t think it’s going to be an issue.

Meyer: The name of the text amendment is Mobile Food Units and Outdoor Sales. The goal

here is to remove the mobile food units from outdoor sales. We’re still going to have anoutdoor sales category.

Keenan: That’s correct.

Meyer: It might be cleaner just to say Mobile Food Units because we’re not doing anythingelse with outdoor sales, correct?

Keenan: Well, we’re removing…

Lacy: You’re stripping it from that.

Keenan: So we need to change the outdoor sales definition to remove the food component.Page 3.8 I’m just noticing now should have included the strikethrough, so I apologize forthat.

Meyer: So you still think the title is correct for what we’re doing. I was just saying if we sayMobile Food Units…

Keenan: I would agree with that.

Meyer: Under Criteria #1A), the parks and rec commission approves food carts within ourparks and rec system. What do you do when you have somebody with a food cart whowants to operate both within parks and rec or on a city street? Are we going to end up withtwo sets of regulations/requirements? Doesn’t it make sense somehow to have the parksand rec commission also have to look at these criteria? There ought to be somecoordination, otherwise we’ve got two sets of criteria.

Keenan: That’s a valid point, and we did reach out to Ernie Jenkins over at Parks andRecreation. They don’t have any real criteria. I think they say you’ve got to power yourself –




4

you can’t hook into the city’s power, and you need to be located in a place where you’re notgoing to be an impact to the park. But aside from that, it didn’t sound like they had anyother criteria.

Lacy: I guess I’m a little confused too as to why they’d be exempt from these regulations.

Why wouldn’t they be subject to these, and then if Parks and Rec had additional criteriathey wanted to place on these units, I don’t think that would be a problem with us. It justseems that for consistency it would be appropriate that any mobile food units within the cityshould be meeting the bare minimum that we’re setting forth here.

Keenan: Yeah, I think we can do that. We haven’t approached Parks and Recreation withthat in mind.

Lacy: Did they make a specific request to be exempted from these?

Keenan: No, but I think part of the discussion is you guys are already doing this for your city

parks, and you’re in charge of regulating city parks. We’ll just let you continue to do thatand be separate from…

Meyer: We don’t know whether they know that we’re looking at this and why.

Keenan: We did bring it up to them that we’re making these changes, but it was under theassumption that it wasn’t going to have any impact to what they were doing. It may be finewith them, but we just didn’t have that discussion. So I don’t know if this would negativelyimpact how they do things. Maybe they would embrace it and be glad to have someadditional criteria.

Levy: I would suggest language that would make it a prerequisite: “If the applicationincludes city-owned parks in the OR zone district, approval from Parks and Rec must beobtained prior to city council and planning commission review.” That’s how I would put it. Ihave the same concerns. There’s a lot of things here that I want to make sure Parks andRec is not missing. A lot of times the parking that serves those properties are probably ourparking spots; the health department concerns; sales tax, etc. They need to be codifiedunless…

Keenan: We want to try and maybe move a little bit away from being the gatekeeper forevery other department or agency that has jurisdiction over this. That’s why we want tocreate that fact sheet so that if Routt County Environmental Health moves to the city orsomething like that, we don’t need to change the code because of that name change. Witha fact sheet, we could just give people a heads-up on what other permits would be requiredrather than trying to be the gatekeeper for all other permits throughout the area. On #3, onemobile food unit per parcel, if it was a large park and they wanted to have a few of themoperate, then we’d be going through the conditional use for that. Not that we couldn’tchange that and rethink it in light of this: “In city-owned parks, the number of operators shallbe limited based on parks and rec commission…”




5

Meyer: What about a suggestion of adding a sentence that said: “The parks and reccommission shall review this and in their opinion they can waive one or more provisions ifthey’re not applicable.” Rather than trying to write a whole new set of – well, make them gothrough the checklist and then – trying to keep one set of standards.

Lacy: Build in some flexibility.

Meyer: Let them waive if something is not applicable.

Levy: If it’s a one-time application – this does not apply – that’s more of a special usepermit?

Meyer: Like for an event?

Keenan: If we codify this, we wouldn’t do the temporary event route; we would have themgo through the mobile food unit route unless it was part of a larger event.

Lacy: Otherwise, why would they want to do temporary when it’s a $50 fee and they get afull year of approval.

Keenan: When there’s a $50 fee for a temporary event that’s limited, yeah. We could tablethis and have a conversation with parks and rec and get their feedback. I don’t know if theparks and rec commission is going to have a meeting between now and the 20 th.

Meyer: They just had one last night.

Keenan: Maybe the staff would have an idea of whether that would be palatable. We mightonly have to change #3. I haven’t gone through this list with that lens, but #3 came to mind.But if that was the only one that would really impact parks and rec, I could come back onthe 20th with a revised condition after having a chance to talk to those folks. Give you guyssome feedback on how receptive they are to that. Then we don’t lose our spot with citycouncil.

Meyer: You did outreach to other user groups, so this clearly would be not only a usergroup but a decision-making body. So I would think definitely they should be aware of this.

Keenan: I don’t know if the Parks and Recreation Commission was aware of it. We didreach out to parks and rec (department) to make sure about their process and letting themknow what we’re doing here. But we didn’t think this would apply to them, so we didn’t havethat part of the conversation.

Levy: My other concern would be – especially if we’re talking about long term – if parks andrec started putting in food carts, we’ve talked about even competition. Even vacant lotsdowntown might be concerned that all the food carts are just set up at Little Toots andserve Yampa Street from there. I think the overall effect of this is much greater than whatwe see parks and rec approving. I’m still pretty stuck that they are just a prerequisite and




6

that the application should still be coming through the city. I don’t know whether we pass itand see what they say in between here and city council. I know some of the potentialapplicants have been waiting a long time for this already. It’s a major concern for me.

Meyer: I see the trend as very positive to go from a $500 fee to a $50 fee and to go from

months of public hearings to days and approval at the staff level. So I think the trend isdefinitely the way we want to go with this. I just think we’ve put in several meetings on this,and to wait till next week if you think you could table it, we can pick it up again. From anotice standpoint, we don’t have an issue there. I would feel better with just making surethat we close this last loop.

Levy: In the past, we had talked about applicants not being able to store overnight. We’veremoved that requirement?

Keenan: We have.

Levy: I find mobile vending and mobile food units to be a little confusing in names. I thoughttemporary food unit made more sense. They’re not mobile. They may sit there forever. So Ihad a little trouble with the confusion. It took me a couple reads to determine that those aretwo different uses now. On Criteria #7: “location on the lot must be situated to avoidadverse impacts to adjacent properties.” What adverse impacts are we talking about? Canthat be more clarified to be noise, parking, garbage? I assume that’s what we intend, butthat criteria is kind of loose in my mind.

Lacy: The way it’s written, to me it could be interpreted to mean any adverse impactregardless of the impact, whether it’s a really big impact or something more trivial. So didyou guys talk any about that whether you would have said more significant adverse impactsor anything like that?

Keenan: That kind of stems from when we were talking about should these meet buildingsetbacks. Planning commission made a recommendation that maybe it should be reviewedon a case-by-case basis. Staff should have some discretion as to where this is going to belocated on the lot. But yeah, it was more of if you have a huge lot, why are you going to putit right next to your neighbor and blow hot dog fumes into their window when you couldhave moved it over here. I think maybe there is an opportunity to clarify that a little bit moreif that’s a concern.

Levy: It’s talking about the location of the unit, so if you move it from one side of theproperty to the other, it probably wouldn’t economically affect a neighboring property. I haveno suggestions; I just thought that was a little vague and opened the door a little bit.

MacArthur: If we could exchange “avoid” with “minimize” that would make me feel a little bitbetter about it.

Commissioners agreed.




7

Levy: Criteria #1: You said for one year, and the criteria actually says permits are valid for“the” calendar year. So is it a 12-month period? Or is it January 1 to December 31? That’swhat it says, but when you spoke you said for one calendar year. So it is January 1 throughDecember 31 – for “the” calendar year.

Keenan: Yeah.

Levy: And if they can’t meet any of these other criteria, they can still come through underconditional use.

Keenan: That’s right.

MacArthur: If we table this tonight, we will still be able to make the same projected councildate, correct?

Keenan: We’re going on December 2, so that gives us plenty of time to do the staff report

and get the minutes to them.

Lacy: I just wanted to follow up on Criteria 14. Are you at all worried about what “normalindustry standards” could be interpreted to mean?

Keenan: Yes and no. It definitely crossed my mind when I put it in there and we discussedit as staff. I think normal industry standards to seek approval from an environmental healthdepartment are going to require in itself a level of investment in these things to where it’sgoing to be very difficult for somebody to slap some plywood together and a couple wheelson it and pull it behind them and sling some hot dogs out of it. I also found this criteria inBoise or Denver’s city code. I think it at least gives us some discretion to not allow blatantlyobvious ones that are clearly – you hold up something you can buy from a retailer that sellsthese things to what they’re doing. If there’s some grey area, then maybe we’re in a pickle.But I don’t really see that as being an issue.Just thinking about the parks and recreation thing a little bit more: We have this outdoorsales requirement that wasn’t specific about how this dealt with city-owned park land. Theyhaven’t been coming through the conditional use process to do those types of uses on thepark lands. They also have t-shirt sales for Triple Crown and other types of sales that theyregulate through parks and rec. I just wanted to talk a little bit more about how we’ve donethis in the past and what they’re doing currently. Another avenue would be to rather thanhave them administer this criteria, we have the land use authority to require it in an openspace recreation zone district. So we could require this in addition to them going throughthe parks and recreation commission.

Meyer: You pointed out earlier that the planning department does not want to begatekeeper, and yet in many situations, you are, and you have to interface with otherdepartments whether they be Fire, Public Works, etc. So it would seem to me that theseought to be in one place or the other. That would be the most straightforward. I’m notlooking for us to have any more meetings. The goal of this is to have it doneadministratively. So I guess the biggest question to you is do you feel – is it the parks and




8

rec commission or the department that’s really approving these food carts if they’re on cityproperty?

Keenan: They’re going through the parks and rec commission for approval.

Lacy: But they would not be coming through us; they would just be coming through youadministratively if we put these criteria in place.

Keenan: In addition to the parks and rec commission.

Meyer: I’m not looking to take over something that they’re already doing, but there needs tobe somebody that’s taking a look and being consistent in their approach.

Keenan: I could reach out to them based on this hearing and suggest that they incorporate. Ask them if they would mind considering these criteria as part of a review.

Lacy: And you feel pretty comfortable that you could bring us an answer on that a weekfrom today?

Keenan: I don’t. I feel confident that I’d be able to reach Ernie or John or Craig. Somerepresentative there I’d imagine I’d be able to reach. Whether they’d need more time tothink about it, I don’t know. I could come back with a little bit more, or I could have somesignificant information for you.

MacArthur: While city government differentiates a bit between parks and rec versus none, Idon’t know that the general public does. I would think that for instance the restaurantowners on Yampa Street would have a pretty legitimate concern if all of a sudden, atHowelsen Park, parks and rec commission approved a large mobile food unit clustercompletely absent to any of these criteria. So I think there is a legitimate reason for criteriato be in place. If they adopted it, great, or if it goes back through you guys administratively,great. One other acceptable option would be what Rich proposed earlier where parks andrec commission’s approval was a prerequisite to staff approval. But I’d like to see it tabled.

The commission agreed with the addition that parks and rec commission approval couldcome before or after administrative planning staff approval.

PUBLIC COMMENT

Bob Samardzic, 3919 Apres Ski Way:My wife Katie and I own Phenomenal Falafel. I just wanted to make the comment that wereally appreciate you guys making the moves on this. I think this is really going to help a lotof small business owners. It’s not the easiest process to go through to do it under theconditional use. So I think with the trend in mobile food and food trucks and the way all thatis going that this is a positive thing for small business and for Steamboat.

Cynthia Pougiales, 24 Maple Street:




9

I’m owner of Skull Creek Greek. I’ve been working with Bob, and we appreciate theinteraction of being able to collaborate with staff on simplifying this code. I’m very alarmedto hear about the tabling. I wish there was more understanding and that there was morecooperation up in front. I don’t know what has happened, but we aggressively are pursuingto be the first to go under this new application administrative review process.

Before Skull Creek Greek got the property downtown, I came to staff and staff said whydon’t you just go find a space. This process of mobile food units is much too difficult to evenpursue. So I got the place, but you know how businesses in town tend to do well and thennose dive. We’re not like Bend, Oregon where we’re always on. So in order to survive, I’mback to doing the mobile food unit. I need to get the business that is up at the ski area thatdoesn’t know about downtown. So I’m changing my business model to do that. I found thisvery cool sheepherder’s wagon. I want to play cultural diversity. I’m into heritage tourism.This is one of your main priorities in the subarea plan for the mountain is to increase thewestern heritage. What’s happening is Ski Corp has gobbled up a significant amount of thatproperty, and they are kind of keeping it to themselves. Same thing with Torian, too.Everybody up there is struggling, and the reason I’m telling you this is as part of the code

and process. I think what Bob has done as far as simplifying the code is awesome. I’vealready talked to John Overstreet about the mobile food vending. The reality of getting amobile food unit onto private property is far more difficult than anything that you guys aredoing here. The reason is that nobody wants to compete. Nobody wants to have you there.So what staff was going to do this next task was like Boulder, they identify these publicright-of-ways where there’s a cluster of mobile food units that can all go out there togetherand sell and increase vitality in an otherwise blighted or devastated area. So that’s going tobe Bob’s next task, and he was going to talk to you about that. So I’m asking for someaggressive attention and cooperation, even though it seems like a little thing. We’re justlittle business owners, and we’re trying to survive here. So I’ve already got approval fromenvironmental health and a sales tax license. I’m working with vending for an open space,and that’s a whole separate thing. Once we get approval on the actual structure and thelocation, that’s kind of separate. That’s really standard what Bob has done. So what we’relooking to do is just have you guys move through that and to – like I was trying to explain toBob, these are the criteria checklist, but it’s up to open space to say can I vend at the skitournament or over at the ski jumping tournament. This is not a permanent location. Whathe’s doing is something totally different. He’s issuing a permit for a year at a single locationby a single individual. So what you guys are thinking is the next chapter or it’s separate.That’s the way I’m reading it. Does that make sense to you, kind of? It’s a separate thing.I also approached URAAC because their mission if you look at the bylaws is to promoteeconomic development. They want absolutely no commercial on that 20-foot-widepromenade, and I’m just asking why. If you go there in the summer or even the winter, asfar as affordable food, diversity, vitality and all that, that’s kind of lacking.So I’m just asking you guys if we could identify the public right-of-way locations whereindividuals or trucks could go, such as Third and Lincoln. It’s the gateway to downtownwhere that building is under basically condemnation. So if we could put on the agendaURAAC’s promenade to kind of relax that to allow food trucks, talk about affordable foodwhen you guys are talking about affordable housing, and as a priority to talk to the privateowners at the ski base area to go under the umbrella of cooperation, which was supposed




10

to be a priority under their subarea plan. But I really appreciate Bob and the staff and thehard work that they do. We really want to have the sheepherder’s wagon out and about.

COMMISSIONER DELIBERATION/MOTION

Commissioner Levy moved to table #TXT-14-04 to the November 20 meeting.Commissioner Burns seconded the motion.

VOTE

Vote: 5-0Voting for approval of motion: Lacy, Levy, MacArthur, Meyer and Burns, MacArthur, Meyerand Burns



DEPARTMENT OF PLANNING AND COMMUNITY

DEVELOPMENT

M E M O R A N D U M ______________________________________________________________________

DATE: November 20, 2014

TO: The Planning Commission

FROM: Bob Keenan, Senior Planner

SUBJECT: New Information for #TXT-14-04, Mobile Food Units

______________________________________________________________________

On November 13, 2014, the Planning Commission held a public meeting to review the proposed

changes that would a new use category and definition called Mobile Food Units. At this meeting

the Planning Commission moved to table this item so that staff could look into the potential forthe Parks and Recreation Commission to administer the proposed use criteria when reviewing

food vending applications within City owned parks.

Per this request, planning staff reached out to the Parks and Recreation Director and the Open

Space and Trails Manager to solicit feedback. They are supportive of this request and will

recommend that the Parks and Recreation Commission include the following criteria, in additionto any other criteria that they would like to add, when reviewing and approving food vending in

City parks.

The following are the proposed use criteria that would be administered by the Parks and

Recreation Commission. The language in strikethrough are those criteria that would not be

applicable the review in city parks.

1. Permits are valid for the calendar year in which it is issued (January 1 to

December 31) with the exception that permits issued on or after November 1 st

shall be valid through the following calendar year.

2. Must be located on private property.

3. No more than 1 mobile food unit shall be allowed per lot or parcel at one

time.

Attachment 3



STEAMBOAT SPRINGS PLANNING COMMISSION MINUTES

November 20, 2014



Planning Commission members in attendance wereChair Jason Lacy, Kathi Meyer, Michael Buckley, Charlie MacArthur and Jerry Burns.

Absent: Rich Levy

Staff members present were city planners Toby Stauffer and Bob Keenan. ______________________________________________________________________________________

Mobile Food Unit Text Amendment: #TXT-14-04

STAFF PRESENTATION

Bob Keenan:This project was tabled at last week’s meeting so that staff could get back to the planning

commission regarding whether or not the parks and recreation commission could adopt the

applicable criteria for parks as part of their review of food vending at city parks. I had a chanceto reach out to Craig Robinson, the Open Space/Trails manager as well as Parks and Recreation

Director John Overstreet. They feel completely comfortable recommending that the parks and

recreation commission use that criteria in their review. The staff memo that was provided todaystrikes through some of the criteria that wouldn’t be applicable to review in a city park. As you

know, we didn’t craft the criteria with park use in mind, but I think just by eliminating some of

these that wouldn’t make sense to apply to the parks, they still provide some good criteria that

they can use for their review. They mentioned that they may want to add additional criteria, andthat obviously seems appropriate as long as they use these as a minimum.

Separate from that, there were some changes that I wanted to get on record that would be part of

any motion to approve, which had to do with Criteria 7. Change “avoid adverse impacts” to“minimize adverse impacts.” Criteria 10 would be “cannot displace required for all uses on the

property” rather than “for another use.”

QUESTIONS FROM COMMISSIONERS

Commissioner Meyer:#1 that you struck, just for information, when parks and rec approves something, is there a term

that goes with it?

Keenan: They do an approval every March for the upcoming season, and it’s just good for thatseason.

Lacy: So they’re not anticipating any of these during the winter season.

Keenan: I don’t believe so because of their requirement that they review these in March for the

upcoming season. I don’t believe that they do any winter programming. Not to say that theycouldn’t, but that’s their current practice as I understand it.

Attachment 4




3

Approval of Minutes

No Minutes to approve.

DIRECTOR’S REPORT

None.

Stauffer: We are going to have a policy worksession on Monday to review the outdoor storage

seating and display text amendment. We’ve made some changes that were sort of major from wherewe started. So we’re hopefully going to move it forward in the adoption process for December-

January.

Lacy: That is set for our first public hearing in December.

ADJOURNMENT

Commissioner MacArthur moved to adjourn the meeting at approximately 5:18 p.m. Commissioner

Burns seconded the motion.

VOTE

Vote: 5-0

Voting for approval of motion: Lacy, Buckley, MacArthur, Meyer and Burns




ORDINANCE NO. _____

AN ORDINANCE TO AMEND SECTION 26-92, USE CLASSIFICATIONS;

AMEND SECTION 26-402, DEFINITIONS AND USE CRITERIA; AMENDSECTION 26-222, PROHIBITED SIGNS (MOBILE FOOD UNITS.

!HEREAS, the City Council adopted the revised Community Development Codeas Ordinance #1802 on July 23, 2001; and

!HEREAS, the City of team!oat prin"s is committed to a re"ular, on"oin"revie of the Community Development Code so that the provisions contained therein

are relevant and applica!le to the community at any "iven point in time; and

!HEREAS, the City Council has reco"ni$ed the importance of a streamlined andefficient development revie process; and

!HEREAS, the City Council has found it appropriate to provide a level ofdevelopment revie that is commensurate ith the potential impact to the community;and

NO!, THEREFORE, the City Council of the City of team!oat prin"s ordains asfollos%

SECTION "

&e lan"ua"e in #$%& and old lan"ua"e in stri'ethrou"h(

ection 2)*+2( se Classifications

-raditional .onin" Districts -&D .onin" /-ransec

seassificationnd pecificincipal ses

O & O 45 46 7*1

7*2

CO C C& CC C 9 -2*&

-3*&71

-3*&72

-:*&C

--C

$#'% F$$&)'*

C C C CR CR CR CR CR CR CR C CR

SECTION 2



ection 2)*:02( Definitions and se Criteria

4o!ile 6ood nit < = readily mova!le heeled push cart /capa!le of !ein" pushed !y

one person, motori$ed*heeled vehicle, or toed*heeled vehicle all of hich are

desi"ned and e>uipped to serve prepared food or prepare and serve food for immediate

consumption(

-he mo!ile food unit must meet all criteria in section /a or /! !elo(

1( Criteria

a City Oned ar's in the O $one district are e?empt from these re"ulations(

=pproval of vendin" in City ar's is throu"h the ar's and ecreation

Commission(

!

6or all other applica!le $one districts%

1(

ermits are valid for the calendar year in hich it is issued /January 1

to Decem!er 31 ith the e?ception that permits issued on or after

&ovem!er 1st shall !e valid throu"h the folloin" calendar year(

2( 4ust !e located on private property(

3( &o more than 1 mo!ile food unit shall !e alloed per lot or parcel at

one time(

4ore than 1 mo!ile food unit may !e alloed as a Conditional se(

:( hall not !e located in sensitive environmental areas such as etlands

or floodays(( hall serve al'*up customers only( &o drive*thru service alloed(

)( 4o!ile unit must !e located on a paved or all eather surface(

@( Aocation of the unit on a lot must !e situated to minimi$e adverse

impacts to adBacent properties( Operations shall not o!struct the

visi!ility of motorists, par'in" lot circulation, emer"ency access, access

to or alon" a pu!lic street, alley, sideal', or trail( Customer >ueuin"

may !e alloed on a pu!lic sideal' provided a minimum of ) of

uno!structed clearance is maintained( ueuin" on pu!lic trails is

prohi!ited( 8(

=ny related activities and e>uipment shall not occur outside of the

mo!ile food unit approved area as depicted on the re>uired site plan(

+( hall demonstrate the availa!ility of par'in" in the immediate area

ith the e?ception of uses located ithin the 7*2, CO, C, C& /Oa'

treet $one districts(

10( Cannot displace re>uired par'in" for all use on the property(



11( i"ns must !e permanently affi?ed to or painted on the mo!ile food

unit and are e?empt from si"n permittin" provided that they do not

include any prohi!ited sin"s per =rticle 9E( =ll other si"ns must comply

ith =rticle 9E(

12(

i"ns shall not proBect from the mo!ile food unit ith the e?ception ofsandich !oard si"ns(

13( 4ust !e maintained in "ood order, ithout loose de!ris, materials, or

other nuisance impacts( Foth trash and recyclin" receptacles shall !e

re>uired and the operators shall !e responsi!le for their stora"e and

daily disposal(

1:(

4o!ile 6ood nits must !e desi"ned and !uilt meetin" normal industry

standards(

1(

?terior li"htin" shall comply ith Chapter 2)*138(

1)( 9n the C& $one district alon" Oa' treet, mo!ile food unit is only

alloed on the Aincoln =venue side of Oa' treet(

1@( 9n the CO $one district mo!ile food units shall also comply ith the

folloin"%

a( Only open air push carts or trailers /unenclosed of less than +

lon" ? ide ? @ tall are alloed(

!( =ccessory items detached from the mo!ile food unit must !e

placed directly !ehind the unit and not readily visi!le from the

pu!lic i"ht*of*Gay or pu!lic trailHsideal' easement(

4o!ile vendin" . means Sellin" or offerin" for sale merchandise, food, or !evera"esfrom any type of vehicle or conveyance operatin" in a pu!lic ay +'*-$-/1 or%3 $ pu!lic places 33 /'3 ' ') 3$)*')5$5 3'+35%*'$) 3* /)3$)&53*') #5'), +7') 35*$8+( 4o!ile vendin" does not include vendorsoperatin" food carts 8$#'% $$& 5)'* or other vehicles or conveyances that operateor solicit !usiness from a fi?ed location $+ +' $ '& %$3*'$)( /efer to outdoorsales 8$#'% $$& 5)'* for vendin" from in a fi?ed location(

/1 ,se criteria(

a( -he applicant must demonstrate that the applicantIs operation ill !e mo!ile and

not limited to a fi?ed location or series of fi?ed locations(

!( -he applicant must demonstrate that the applicantIs operations ill not o!struct

the pu!lic ay or place or constitute a health ha$ard or other ha$ardous

condition and is compati!le ith the intended use or traffic upon the pu!lic ay

or pu!lic place(



c( endors of food products must also o!tain any approvals or permits re>uired !y

the outt County Department of u!lic 5ealth or other authori$ed re"ulatory

authority(

d( =pplicants proposin" to operate in par's or open space areas must su!mit their

proposed operation for revie !y the par's and recreation commission ando!tain the ritten approval of the director of par's, open space, and recreational

services(

e( 5ours of operation shall !e from sunrise to sunset local time(

f( 4o!ile vendin" locations are limited to areas shon on the mo!ile vendin" map

that is maintained !y the director of plannin" and community development(

Outdoor sales( ales and vendin" of merchandise, food, or !evera"es +$&53, or

services offered from a fi?ed pu!lic or private location( uch sales and vendin" may

occur on a seasonal or permanent !asis( -his includes, !ut is not limited to tent sales

and food carts( O5*&$$+ % &$ )$* ')3%5& 8$#'% 7)&') $+ 8$#'% $$&

5)'* 5.

SECTION

2)*222( rohi!ited i"ns

/a/12

ehicle si"ns, or vehicles that are par'ed on a pu!lic ri"ht*of*ay, pu!lic property, or

private property so as to !e visi!le from a pu!lic ri"ht*of*ay here the apparent

purpose is to use the par'in" of the vehicle to advertise a product, service or activity ordirect people to a !usiness or activity( T' +$'#'*'$) 3%5& 7'3% ** +

+:& $+ * 5+$ $ 3$)&53*') #5') ') 8))+ ') /'3 *

7'3% / &')&.

SECTION 4

=ll ordinances heretofore passed and adopted !y the City Council of the City of team!oat

prin"s, Colorado, are here!y repealed to the e?tent that said ordinances, or parts,

thereof, are in conflict hereith(

SECTION

9f any section, su!section, clause, phrase or provision of this Ordinance is, or theapplication thereof to any person or circumstance, shall to any e?tent, !e held !y a courtof competent Burisdiction to !e invalid, void or unconstitutional, the remainin" sections,su!sections, clauses, phrases and provisions of this Ordinance, or the application thereof



to any person or circumstance, shall remain in full force and shall in no ay !e affected,impaired or invalidated(

SECTION 6

-he City Council here!y finds, determines and declares that this Ordinance is necessaryfor the immediate preservation of the pu!lic peace, health and safety(

SECTION <

-his Ordinance shall ta'e effect immediately upon the e?piration of five / days from andafter its pu!lication folloin" final passa"e, as provided in ection @() /h of theteam!oat prin"s 5ome ule Charter(

INTRODUCED, READ, AND ORDERED PUBLISHED, as provided !y la, !y the CityCouncil of the City of team!oat prin"s, at its re"ular meetin" held on the 2nd day of Decem!er , 201:.

B+* =$5)$7:1, P+'&)*S*8#$* S+') C'*1 C$5)3'%

ATTEST>

?5%' F+):%'), CMCC'*1 C%+:



Scott L. Ford

City Council Report

For December 16, 2014

Wednesday, December 3rd

Summer Marketing Committee

This was the Marketing Committee’s annual strategic planning and goal setting retreated. One

of the themes that was repeated in the various breakout groups was the need for better

measurement metrics. The current measurements focus more on activities vs. results. The

process of developing metrics will be an on-going topic of discussion.

The key goals of the 2015 Summer Marketing Plan agreed to by the committee are:

1.

Increase Sales tax collections (May-Oct) by 6% over the 2014 period

2.

Increase the lodging Occupancy Rate by 7%

3.

Achieve a Net Promoter Score of 75

It was felt that these goals were ambitious however achievable.

Monday, December 8th –

Lunch with City Manager

Wanted to learn how a hold harmless would work in conjunction with the proposed Downtown

District of the URA. In addition, learned what limits could be placed on the URA agreement.

AGENDA ITEM #8



1

M acys Council Report 12.11.14

In my last report, I forgot to mention the meeting with the Humane Society (HS). I joined Scott

Ford for that and was pleased to hear that the City/H S meetings have taken on a more collegial and

collaborative tone. I look forward to a positive resolution for the benefit of the community.

CONGRATULATIONS to Leadership Steamboat and ALL of the non-profits who participated in

Colorado Gives Day! $370,974 is no small sum to raise. Thanks to the generous supporters of this

event.

On saving m oney, not raising it, check out the investment of SSSD in reducing energy use & costs.

Nice work! Looking forward to seeing the City chip away at the ~700k-~800k we spend on

electricity each year.http://www.steamboattoday.com /news/2014/dec/09/steamboat-springs-

school-district-completes-278-mi/. Also see the attached Yampa Valley Sustainability Council report

on the topic.

The Colorado M unicipal League (CM L) Policy Com m ittee m et on 12.5.14. There was aCM L social the evening before.

From the social:

• FEI engineers had great things to say about working with Chuck and G ilbert on a

preliminary energy assessment of the W astewater Treatment Plant. Looks like their FREE

assessment found between $20,000- $30,000 in savings/year.

• M any other Mountain Town elected officials (and CM L employees) read our newspaper

online to see what this council is doing. W hen I asked about their experience with that, they

used words like “unruly” and “wild west” to describe us.

From the Policy Com m ittee M eeting:

Natalie M ullis, Chief Economist for the Colorado Legislative Council gave an intriguing update

about the economy (“these are the best of times”)… .and a few emerging issues that temper that

enthusiasm (TABOR refunds and structural problems). The PowerPoint is included here.

The action item s m ost relevant to Steam boat Springs include:

1. Affordable H ousing: D ivision of H ousing Budget Line Item

The Division of Housing in the Department of Local Affairs is requesting an increase of$3.42 million General Fund per year to develop 300 additional affordable rental housing

units and provide 200 rental vouchers for seniors and persons with disabilities. At proposed

funding levels, 4,120 new affordable units can be developed annually. CM L has supported

increases in the past as we have a position of support for any increased funding for

affordable housing.Staff Recom m endation: Support.Lobbyist: M eghan Dollar



3

legislation “encouraging” water conservation. The senator worked with CM L staff over the

interim on amendment language that would fulfill her goal of incentivizing good land use

planning by municipalities and counties by linking planning education to water conservation

plans. As discussion progressed, the result is language that creates new, optional training by

the Colorado W ater Conservation Board (in consultation with DOLA) and includes the

integration of water dem and managem ent and conservation into the water conservation plan

required to be filed with CW CB at least every seven years. Staff believes this a reasonable

com promise that demonstrates municipal com mitment to good land use planning and water

management, provides training to those that want it, and does not unnecessarily tie strings to

state grants and loans.Staff recom m endation: Support. Lobbyist: Kevin Bommer

Policy Com m ittee Recom m endation: SUPPO RT

3. W ater & W astewater: Storm water M anagem ent and W ater Rights

Recently, the State Engineer has indicated that stormwater facilities that detain water for the

purpose of preventing destructive high flows and release of pollutants will require everyfacility to obtain a water court decree for an augm entation plan. The decision is based on the

notion that detained water is – at a basic level – equates to water being taken out of priority

and that the augm entation plan would make whole those that would otherwise be injured.

Curiously, a rule known as the “72-hour Rule,” has been understood to be the basis for

allowable detentions and many stormwater facilities have been specifically constructed under

that prem ise. The curve ball from the State Engineer threatens the ability of regional

stormwater facilities to manage stormwater to protect public health and safety as required by

state and federal law. Legislation may be introduced during the 2015 session to clarify that

this vital and protective activity should not be subject to control of the State Engineer and

the water court process, so long as the stormwater is detained on long enough to avoiddamaging flow rate and is not subject to any intervening use.Staff recom m endation:

Support. Lobbyist: Kevin Bommer

Policy Com m ittee Recom m endation: SUPPO RT

M et with the m unicipal utility advisory com m ittee on 12.914. M inutes can be provided once

they are com plete. H owever there were a few item s that we should D ISCUSS:

1. The first is that the Cen$ible energy program is moving forward. The city provided seed

money to get this started. It is, essentially, a rebate program. The city money has been much

more than twice by YVEA. They have created a website, logo, and other collateral materials.The question is does the city want to have its logo on the materials co-brand with YVEA.

Seem s very consistent with our goal of sustainability and great bang for our buck.

2. Also from the committee meeting, there is an opportunity for additional parking in

downtown. The lot on 10th St. across the street from YVEA will eventually be sold with the

building. However, there is about a year leeway between the time that the developer will take



4

ownership of that site and now. I think we should have a discussion as to whether or not

this parking lot could resolve som e of the parking issues that we have identified. Should the

city wish to lease it from YVEA, we would have to assume liability and also take care of

snowplowing. I would like for the Council to discuss it so that we can provide direction to

staff about whether or not it is worth moving forward on.

I met with the citizen who is interested in purchasing the Iron Horse. He had requested and secured

information from the City about the appraisal, the survey, and other relevant materials. His question

to me was, “Is the Iron Horse for sale?” Is it?

Pro cycling challenge. I am thrilled that we going to get the Challenge back! Congratulations to all

who worked hard on this. It was unfortunate that we were only invited to the breakfast where the

announcement would be about 12 hours before and only with the promise of free food, no mention

of the challenge. It would be great if council members who are serving on these committees, and

presum ably in the loop about these types of events would m ake the rest of the council aware. As I

travel to other municipalities I consistently see elected officials at events of community importance.

It would be nice if we had that same sort of representation here.



December 5, 2014Colorado Le

wNatal

Colorado Economy andState Budget Outlook

C O L O R A D OM U N I C I P A L L E A G U E

Attachment 1



Economic Outlook: Summer is on

The Private Sector is R

• Business & manufacturin

• labor market improving

• housing market in recov

• Households and banks afinancial shape

• Global economy improvi

Biggest Concerns:

Oil prices?

Unwrapping the Mon



0 . 2

3 . 1

2

. 7

1 . 4

- 2 . 7

2 . 0

- 1 . 9

- 8 . 2

- 5 . 4

- 0 . 5

1 . 3

3 . 9

1 . 7

3 . 9

2

. 7

2

. 5

- 1 . 5

2 . 9

0 . 8

4 . 6

2 . 3

1 . 6 2

. 5

-10

-8-6

-4

-2

0

2

4

6

A n n u a l i z e d P e r c e n t C h a n

g e

2012

Fiscal Cliff

Gross Domestic Product

Source: U.S. Bureau of Economic Analysis.



Colorado Sales Taxes Doing Wel

$1.50

$1.75

$2.00

$2.25

$2.50

B i l l i o n s o f

D o l l a r s

Annualized ColoradoState Sales Tax Collections

Source: Colorado State Controller’s Office and Department of Revenue. Data through August 20



Federal Reserve Assets & Core In

$0

$1

$2

$3

$4

2 0 0 3

2 0 0 4

2 0 0 5

2 0 0 6

2 0 0 7

2 0 0 8

2 0 0 9

2 0 1 0

2 0 1 1

2 0 1 2

T r i l l i o n s o f D o l l a r s

Other Asset

U.S. TreSecuritie

MortgagSecuritie

Liquidity Swaps with Foreign Central Banks

Loans

Source: Federal Open Market Committee and U.S. Bureau of Labor Statistics.

Core Inflation - Excludes Food & Ene(Left Axis)



Sources of State Revenue

General Fund$7.7 Billion

Federal$8.4 Billion

Correc0.1

Jud0

HealthCare

30.2%

Trans.7.6%

Labor12.2%

Other8.6%

Cash Funds$9.3 Billion

Source: Colorado State Controllers Office.

SaleUse,

ExciseTaxes, 1.2%

O

Transportation-Related, 13.0%

Resource Extraction,2.5%

Hospital Provider

Fee, 6.3%

Limited Gaming,1.1%

HigherEducation,

36.3%

WorkersCompensation, 0.3%

UnemploymentInsurance, 4.4%

State Lottery,5.4%

StateEducation

Fund, 4.4%

Other, 26.4%

FY 2011-12 Total Revenue $25.5 Billion



General Fund Revenue Outlook

Source: Colorado State Controllers Office, LCS and OSPB projections based on the September 20

GeneralFund



FY 2014-15 General Fund Budge

K-

Educ38

Corrections8%

Judicial5%

Health Care25%

HumanServices

9% Other7%

GeneralFund

FY 2014-15 General FundOperating Budget

$8.9 billion



School Finance

$5.6 $5.4-$145 million

$5.2-$210 million

$5.5$5.9

$130Mrescission

$381Mfactor

$774Mfactor

$1.0 Billionfactor

$894Mfactor

$0

$1

$2

$3

$4

$5

$6

$7

$8

FY09-10(Actual)

FY10-11(Actual)

FY11-12(Actual)

FY12-13(Actual)

FY13-14(Actual)

FY14-15(Budgeted)

B i l l i o n s o f D o l l a r s

N

T(S

$5.3

Source: Joint Budget Committee, Legislative Council Staff, and Governor’s Office of Stat Plannin



Per Pupil Funding

$ 6 , 3 5 9

$ 6 , 6 6 1

$ 6 , 8 7 4

$ 7 , 0 7 7

$ 6 , 8 1 3 $

6 , 4 7 4

$ 6

, 4 7 9

$5,000

$5,500

$6,000

$6,500

$7,000

Source: Joint Budget Committee and Legislative Council Staff.



Amount Required to Maintain$894M Factor and $400M SEF Res

Source: Legislative Council Staff.



Higher Education

$0.0

$0.5

$1.0

$1.5

$2.0

$2.5

B i l l i o n s o f D o l l a r s

ARRA

Source: Joint Budget Committee Staff.



Sources: Colorado Department of Education, U.S. Census Bureau, & Bureau of Labor Statistics,

60

110

160

210

260

310

360

FY 01

FY 02

FY 03

FY 04

FY 05

FY 06

FY 07

FY 08

FY 09

FY 10

F1

I n d e x F Y 0 1

= 1 0 0

Medicaid Caseload

State Share School Finance

Higher Education Enrollment

Inflation

CO Population

K-12 Enrollment

General Fund Operating Appropriations

General Fund Revenue

Colorado State BudgetCaseload Growth & the General Fun



Demographics Matter

• During the next 15 years, the aging of the popu

• Change the housing mix, likely dampening grow values and the property tax base;

• Change income and spending patterns, likely dagrowth in the income and sales tax bases; and

• Increase demand for government services, appl budget pressure on governments.

• The economy is still recovering and must work and imbalances before growing again at potenti



TABOR Refunds

• TABOR 7 (d)

• Money in excess of the limit

• Current expected to begin for FY 2015-16

• Ongoing until law change or recession

• TABOR 3 (c)

• Money in excess of specific amounts communicatespecific ballot measure

• Proposition AA – Marijuana Taxes

• One year only: FY 2014-15



TABOR Voter-Approval Requir

• Multi-ye

bonded infrastruprojects

• Retain

from exsourcethe TAlimit.

• New tax or rate

increase; a taxpolicy changeresulting in anet revenuegain.

IncreaseTaxes

RetainSurplusRevenue

IncreaseDebt

WeakenExistingLimits



TABOR’s Election Provisionsand Proprosition AA



September 2014 Expectations:

FY Spending: $12.22 billion+ $137.6 million

New Taxes: $30.5 million

TABOR’s Election Provisionsand Proprosition AA



TABOR and Referendum C

*Legislative Council Staff September 2014 forecast.

Source: Colorado State Controllers Office and Legislative Council Staff.

$0

$2

$4

$6

$8

$10

$12

$14

Referendum CTimeout Period

Referendum C Cap

Original TABOR Limit

Bars Show RevenueSubject to TABOR



• TABOR LimitPrevious fiscal year’s spending grown by inflation & popu

+ Voter-approved revenue changes

• Referendum C Cap• Highest revenue retained during “five-year timeout”

• Previous fiscal year’s cap grown by inflation and pop

TABOR Spending Limit



TABOR Refund Outlook

$0

$100

$200

$300

$400

FY 2015-16 Surplus ($125 million):Set Aside in FY 2015-16 Budget;

Refunded in FY 2016-17 andIncome Tax Year 2016

FY 2016-17 SurpSet Aside in FY

Refunded inIncome T

M i l l i o n s o

f D o l l a r s

Earned Income Tax Credit$89.3 million

Permanent in tax year 2017

Income Tax RFrom 4.63% to$223.3 million

Sales Tax Refund$35.8 million$11 per taxpayer

Sales Tax RefuEstimated amount pFirst 35%: $36

Next 27%: $48Next 17%: $55Next 9%: $65Next 4%: $70Last 7%: $113

Source: Legislative Council Staff September 2014 forecast.



Revenue Limit: TABOR

$0

$5

$10

$15

$20

$25

$30

$35

1 9 9 3 - 9 4

1 9 9 5 - 9 6

1 9 9 7 - 9 8

1 9 9 9 - 0 0

2 0 0 1 - 0 2

2 0 0 3 - 0 4

2 0 0 5 - 0 6

2 0 0 7 - 0 8

2 0 0 9 - 1 0

2 0 1 1 - 1 2

B i l l i o n s o f

D o l l a r s

T

Su

VR(I

R

OLi

Revenue Subject to TABOR and Total Reve

Source: Colorado State Controllers Office, TABOR Schedule of Computations.



Issue 3 Fall 2014

In other sustainability news, the SSSD

saved an estimated $23,000 by

repurposing rocks from the roof of

the district office as landscaping rocks

at Soda Creek Elementary. The rocks

needed to be removed for roof

repairs. Some of the wood removed

from old bleachers at the middle and

high schools was reused by students

in industrial arts classes to make

Adirondack chairs.

SSSD ready to measure energy savings

The $2.8 million in upgrades to Steamboat Springs School District in-town facilities

ompleted this summer and fall should save the district more than $200,000 in utility

nd operational costs annually.

Pascal Ginesta, SSSD facilities manager, explained the work was completed via an

nergy performance contract between the district and Kansas-based company Navitas.

The plan allowed necessary maintenance and energy saving work to be completed

hrough upfront funding by Navitas to be repaid by the district across 20 years of energy

avings.

Ginesta is enthusiastic about lighting retrofits that included a change to LED bulbsor the exterior of all buildings and upgrades to more efficient, electronic T-8 or high

output T-5 lighting ballasts in all buildings, thus replacing outdated and unreliable

magnetic T-12 ballasts for which bulb production has been phased out nationally. More

han 5,800 bulbs were replaced districtwide.

The district now sports upgraded lighting of the same color and quality. A majority of the lights utilize occupancy

ensors, excluding some large areas such as gyms, libraries, computer labs and bus maintenance bays.

“It’s more efficient, brighter lighting for a much better learning environment, and we won’t have to replace

ulbs or ballasts for five or six years,” Ginesta said.

Another significant accomplishment slated for completion by Christmas break is all HVAC systems in district

uildings can be monitored and controlled remotely by the facilities department. Heat in buildings can be turned

own across the board at night, weekends or holidays through a computer or smart phone via a Tridium energy

management system. With more than 200 thermostats throughout the district, the control system will lead to lower

nergy use and costs. Unless evening events are scheduled, building temperatures will drop an average of 6 degrees

t 5 p.m.

In spring 2014, the district leadership and Navitas conducted building energy audits to review utilities and

nfrastructure. Subcontractors were hired to replace inefficient boilers at the district office; replace boilers, valve

omponents and HVAC controls at the high school; add insulation at the high school library; and install more than

300,000 in upgraded doors and windows at the middle school and Strawberry Park Elementary. A scheduling

ystem was added for heaters that warm the diesel school bus engines on cold days.

The Sustainable Schools program in Routt County helps to create a culture in schools to advance

environmental, economic and social sustainability for current and future generations. Established in 2010,

Sustainable Schools is an outreach and educational arm of the nonprofit Yampa Valley Sustainability

Council. For more information: www.yvsc.org/schools

SSSD energy performance highli

$2.8 million in maintena

and energy-efficiency

upgrades completed

More than 5,800 bulbs

updated to energy-effici

versions

More than 200 thermostcontrollable remotely vi

energy management sys

Keep in touch with YVSC Sustainable Schools’ efforts, volunteers, issues and recommended resources by joining the Google-plus sharing page.For more information, contact [email protected].

Attachment 2



SS FALL2014NEWS pg 3

Recycle small electronics for SS funding

Remember to safely donate used small electronics and ink cartridges through the

Sustainable Schools fundraiser collection program.

Accepted items include: old cell phones, smart phones, cell phone batteries and chargers,

iPods, MP3 players, digital cameras, tablets, aircards and Bluetooth, ink and toner cartridges,

laptops, GPS devices and headphones. Collection boxes are located at the YVSC office at 141

Ninth St., the middle and high school offices, and the downtown Wells Fargo bank lobby.

New Tower Garden success for Emerald Mountain School

Thanks to a small community-project grant from YVEA

and Emerald Mountain School's Green Team-sponsored

craft fundraiser, EMS organizers have enough funds to

purchase their first Tower Garden. The Tower Garden is a

state-of-the-art vertical hydroponic, aeroponic growing

system. All proceeds from the event went toward Green

Team hopes to grow fresh vegetables and herbs

throughout the winter at school. The event was a hugesuccess.

There are two Tower Gardens already in the district,

located at Steamboat Springs Middle School.

Get Involved in Sustainable Schools

Student, staff, teacher, parent and community support and partnerships are always welcome at Sustainable

chools. To learn more, contact Sarah Jones at [email protected] or 970-871-9299 ext. 101.

Costs $1.50 a day for 1 year, then its yours for 10-20

years

Made with food grade plastic (won’t leach chemicals in

produce)

Has a double UV protective coating (will last in the

sunshine for years)

Uses less than 10% of the water of a conventional

garden

Includes all tools and supplies (no soil, gardening tools

needed)

Fewer ground pest problems

Grow a garden in ½ the time of a conventional garden

Uses no harmful fertilizers, pesticides, herbicides

No weeding… time is money

More nutritious: vine-ripened produce is proven more

nutritious

10 Reasons to start a Tower Garden



Walter Magill

Council Report December 12, 2014

1.

Pine Grove and U 40 !nter"ection # Can $e get an e%planation and po""ible modi&ication to t'e

le&t turn red(green arro$ on U 40 going ea"t)

2.

*re t'e do$nto$n par+ing 'our" o& en&orcement going to be modi&ied) Wit' ne$ 'our" 1100

a.m. to -00 p.m.) !" t'e Cit "till pur"uing t'e licen"e plate reading ve'icle)

/.

!" t'e Cit planning on c'arging &or t'e 'anging and removal o& banner" on /rd and 11t' "treet" in

201)



*****TENATIVE AGENDA FOR JANUARY 6, 2015*****This agenda is tentative and the information is subject to change until the agenda is finalized.


AGENDA

REGULAR MEETING NO. 2015-01TUESDAY, JANUARY 6, 2015

5:00 P.M.

MEETING LOCATION: Citizens’ Meeting Room, Centennial Hall;124 10th Street, Steamboat Springs, CO

MEETING PROCEDURE: Comments from the Public are welcome at two

different times during the course of the meeting: 1) Comments no longer thanthree (3) minutes on items not scheduled on the Agenda will be heard underPublic Comment; and 2) Comments no longer than three (3) minutes on allscheduled public hearing items will be heard following the presentation by Staffor the Petitioner. Please wait until you are recognized by the Council President.With the exception of subjects brought up during Public Comment, on which noaction will be taken or a decision made, the City Council may take action on, andmay make a decision regarding, ANY item referred to in this agenda, including,without limitation, any item referenced for “review”, “update”, “report”, or

“discussion”. It is City Council’s goal to adjourn all meetings by 10:00 p.m.

A City Council meeting packet is available for public review in the lobby of CityHall, 137 10th Street, Steamboat Springs, CO, or on our website athttp://steamboatsprings.net/city_council/council_meetings. The e-packet istypically available by 1pm on the Friday before the meeting.

PUBLIC COMMENT: Public Comment will be provided at 7 p.m., or atthe end of the meeting, (whichever comes first). CITY COUNCIL WILL MAKE NO

DECISION NOR TAKE ACTION, EXCEPT TO DIRECT THE CITY MANAGER. THOSE ADDRESSING CITYCOUNCIL ARE REQUESTED TO IDENTIFY THEMSELVES BY NAME AND ADDRESS. ALLCOMMENTS SHALL NOT EXCEED THREE MINUTES.

A. ROLL CALL

Liquor Licensing Authority Meeting – after roll call the City Council willadjourn and reconvene in their capacity as the Steamboat SpringsLiquor Licensing Authority and follow the attached Liquor Licensing

Authority agenda.

AGENDA ITEM #9a1.




At the conclusion of the Steamboat Springs Liquor License AuthorityMeeting, the City Council will reconvene as the Steamboat Springs CityCouncil and proceed with the following agenda:

B. PROCLAMATIONS

1. Howelsen Hill 100th. (DelliQuadri) _________________________________________________________________

C. COMMUNITY REPORTS/CITY COUNCIL DISCUSSION TOPIC:

2. Future of the Iron Horse. (Small)3. Sustainability Update. (Earp)

D. CONSENT CALENDAR: MOTIONS, RESOLUTIONS ANDORDINANCES FIRST READINGS

ITEMS ON THE CONSENT CALENDAR GENERALLY REQUIRE LITTLE COUNCIL DELIBERATION ANDMAY BE APPROVED WITH A SINGLE MOTION. ANY MEMBER OF THE COUNCIL OR THE PUBLICMAY WITHDRAW ANY ITEM FROM THE CONSENT CALENDAR FOR FURTHER DISCUSSION AT ANYTIME PRIOR TO APPROVAL.

There are no items scheduled for this portion of the agenda.

E. PUBLIC HEARING: ORDINANCE SECOND READINGS

THE CITY COUNCIL PRESIDENT OR PRESIDENT PRO-TEM WILL READ EACH ORDINANCE TITLEINTO THE RECORD. PUBLIC COMMENT WILL BE PROVIDED FOR EVERY ORDINANCE.

4. SECOND READING OF ORDINANCE: Amending the Wildlifeproof container regulations. (Stabile/Earp)

F. PUBLIC COMMENT: Public Comment will be provided at 7 p.m., or

at the end of the meeting, (whichever comes first). CITY COUNCIL WILL

MAKE NO DECISION NOR TAKE ACTION, EXCEPT TO DIRECT THE CITY MANAGER. THOSE ADDRESSING CITY COUNCIL ARE REQUESTED TO IDENTIFY THEMSELVES BY NAME AND ADDRESS. ALL COMMENTS SHALL NOT EXCEED THREE MINUTES.

G. PARKS AND RECREATION COMMISSION REPORT ________________________________________________________________________




H. PLANNING COMMISSION REPORT

I. CONSENT CALENDAR - PLANNING COMMISSION REFERRALS:ITEMS ON THE CONSENT CALENDAR GENERALLY REQUIRE LITTLE OR NO COUNCILDELIBERATION AND MAY BE APPROVED WITH A SINGLE MOTION. A CITY COUNCIL MEMBERMAY REQUEST AN ITEM(S) BE REMOVED FROM THE CONSENT CALENDAR FOR FURTHERDISCUSSION. ALL ORDINANCES APPROVED BY CONSENT SHALL BE READ INTO THERECORD BY TITLE.

5. FIRST READING OF ORDINANCE: Outdoorstorage/seating/display text amendment. (Stauffer)

6. PROJECT: DP-14-09 Alpenglow Condos Units C4 & C5.(Bessey)

PETITION: Conditional use to locate office use (brokerage andfinancial services) on the pedestrian level.LOCATION: 601 Lincoln Avenue. APPLICANT: Alpenglow, LLC.PLANNING COMMISSION VOTE: Will be heard by PlanningCommission on December 11, 2014.

J. PUBLIC HEARING – PLANNING COMMISSION REFERRALS

PUBLIC HEARING FORMAT:

Presentation by the Petitioner (estimated at 15 minutes). Petitionerto state name and residence address/location.Presentation by the Opposition. Same guidelines as above.

Public Comment by individuals (not to exceed 3 minutes).Individuals to state name and residence address/location.

City staff to provide a response.

There are no items scheduled for this portion of the agenda.

K. REPORTS

7. City Council

8. Reportsa. Agenda Review (Franklin):

1.) Regular Meeting January 20, 2015.2.) Regular Meeting February 3, 2015.




9. Staff Reportsa. City Attorney’s Update/Report. (Lettunich)b. City Manager’s Report: Ongoing Projects. (Hinsvark)

L. OLD BUSINESS

10. Minutes (Franklin)a. Regular Meeting 2014-22, November 18, 2014.b. Regular Meeting 2014-23, December 2, 2014.c. Regular Meeting 2014-42, December 16, 2014.

M. ADJOURNMENT BY: JULIE FRANKLIN, CMC

CITY CLERK





AGENDA

REGULAR MEETING NO. 2015-02TUESDAY, JANUARY 20, 2015

5:00 P.M.

MEETING LOCATION: Citizens’ Meeting Room, Centennial Hall;124 10th Street, Steamboat Springs, CO

MEETING PROCEDURE: Comments from the Public are welcome at two

different times during the course of the meeting: 1) Comments no longer thanthree (3) minutes on items not scheduled on the Agenda will be heard underPublic Comment; and 2) Comments no longer than three (3) minutes on allscheduled public hearing items will be heard following the presentation by Staffor the Petitioner. Please wait until you are recognized by the Council President.With the exception of subjects brought up during Public Comment, on which noaction will be taken or a decision made, the City Council may take action on, andmay make a decision regarding, ANY item referred to in this agenda, including,without limitation, any item referenced for “review”, “update”, “report”, or

“discussion”. It is City Council’s goal to adjourn all meetings by 10:00 p.m.

A City Council meeting packet is available for public review in the lobby of CityHall, 137 10th Street, Steamboat Springs, CO, or on our website athttp://steamboatsprings.net/city_council/council_meetings. The e-packet istypically available by 1pm on the Friday before the meeting.

PUBLIC COMMENT: Public Comment will be provided at 7 p.m., or atthe end of the meeting, (whichever comes first). CITY COUNCIL WILL MAKE NO

DECISION NOR TAKE ACTION, EXCEPT TO DIRECT THE CITY MANAGER. THOSE ADDRESSING CITYCOUNCIL ARE REQUESTED TO IDENTIFY THEMSELVES BY NAME AND ADDRESS. ALLCOMMENTS SHALL NOT EXCEED THREE MINUTES.

A. ROLL CALL ________________________________________________

B. PROCLAMATIONS _________________________________________________________________

AGENDA ITEM #9a2.




C. COMMUNITY REPORTS/CITY COUNCIL DISCUSSION TOPIC:

1. URA Discussion. (Earp/Gibbs)2. Update and Direction on Affordable Housing.

(Gibbs/Peasley)

D. CONSENT CALENDAR: MOTIONS, RESOLUTIONS ANDORDINANCES FIRST READINGS

ITEMS ON THE CONSENT CALENDAR GENERALLY REQUIRE LITTLE COUNCIL DELIBERATION ANDMAY BE APPROVED WITH A SINGLE MOTION. ANY MEMBER OF THE COUNCIL OR THE PUBLICMAY WITHDRAW ANY ITEM FROM THE CONSENT CALENDAR FOR FURTHER DISCUSSION AT ANYTIME PRIOR TO APPROVAL.

3. RESOLUTION:

4. FIRST READING OF ORDINANCE:

E. PUBLIC HEARING: ORDINANCE SECOND READINGS

THE CITY COUNCIL PRESIDENT OR PRESIDENT PRO-TEM WILL READ EACH ORDINANCE TITLEINTO THE RECORD. PUBLIC COMMENT WILL BE PROVIDED FOR EVERY ORDINANCE.

5. SECOND READING OF ORDINANCE:

F. PUBLIC COMMENT: Public Comment will be provided at 7 p.m., orat the end of the meeting, (whichever comes first). CITY COUNCIL WILL

MAKE NO DECISION NOR TAKE ACTION, EXCEPT TO DIRECT THE CITY MANAGER. THOSE ADDRESSING CITY COUNCIL ARE REQUESTED TO IDENTIFY THEMSELVES BY NAME AND ADDRESS. ALL COMMENTS SHALL NOT EXCEED THREE MINUTES.

G. PARKS AND RECREATION COMMISSION REPORT ________________________________________________________________________

H. PLANNING COMMISSION REPORT

I. CONSENT CALENDAR - PLANNING COMMISSION REFERRALS:ITEMS ON THE CONSENT CALENDAR GENERALLY REQUIRE LITTLE OR NO COUNCILDELIBERATION AND MAY BE APPROVED WITH A SINGLE MOTION. A CITY COUNCIL MEMBERMAY REQUEST AN ITEM(S) BE REMOVED FROM THE CONSENT CALENDAR FOR FURTHERDISCUSSION. ALL ORDINANCES APPROVED BY CONSENT SHALL BE READ INTO THERECORD BY TITLE.




6. PROJECT:PETITION:LOCATION:

APPLICANT:PLANNING COMMISSION VOTE:

____________________________________________________

J. PUBLIC HEARING – PLANNING COMMISSION REFERRALS

PUBLIC HEARING FORMAT:Presentation by the Petitioner (estimated at 15 minutes). Petitionerto state name and residence address/location.Presentation by the Opposition. Same guidelines as above.

Public Comment by individuals (not to exceed 3 minutes).

Individuals to state name and residence address/location. City staff to provide a response.

7. SECOND READING OF ORDINANCE:

K. REPORTS

8. City Council

9. Reportsa. Agenda Review (Franklin):

1.) Regular meeting February 3, 2015.2.) Regular meeting February 17, 2015.

10. Staff Reportsa. City Attorney’s Update/Report. (Lettunich)b. City Manager’s Report: Ongoing Projects. (Hinsvark)

L. ADJOURNMENT BY: JULIE FRANKLIN, CMC

CITY CLERK



AGENDA ITEM #10

STAFF REPORTS:

a) City Attorney’s Update/Report. The above is a discussion item

b) City Manager’s Report: Ongoing Projects. Report to follow this pa



City Manager Report

December 16, 2014

Susan Mizen from Horizons called this week to thank our grant staff for the pass-

through grant we obtained on their behalf. Horizon’s Soda Creek Apartments, who

used the grant, are featured in this month’s HomeLink Magazine. The apartments are

designed to meet requirements of the EPA’s Energy Star certified homes version 3 and

the National Association of Home Builders’ Green Building Standard.

After much deliberation, we made a change to our purchasing policies. In the past we

have followed the State’s lead on capital construction requiring two bonds, a payment

bond and a performance bond, for every project at 100% of the cost of the project.

That has been a failsafe, but it does add a measure of cost to a project and prohibits

some of our smaller local companies from bidding. We examined the policies of other

entities, including the Federal Government, and are comfortable changing our policy so

that we accept either bonds or letters of credit for capital projects less than $150,000 in

value – again two letters of credit for the full amount of the project. The goal is toshelter the taxpayer’s dollar in every case, and this policy continues to achieve the goal.

Somewhere around 10 am on December 4, Steamboat Springs Transit passed the one

million passenger mark for the year on our local buses. SST is on pace for its 3rd or 4th

busiest year ever!

The Community Rebate and Incentive Program is just about to be up and running.

Through the efforts of the YVSC, and the initial funding of YVEA and the City, this

program will provide residential and small commercial YVEA members the ability to

control their energy costs through rebates and will work to broaden the understanding

of energy efficiency. Initially (two years ago), the City committed $6,000 to this

program. With the completion of a business plan and a better understanding of theprogram, the Economic Development budget will send another $6,000 of 2015 dollars

to this program for a total initial investment of $12,000. After that, as I have discussed

with Sarah, the program may qualify for community support through the environmental

coalition. It is also possible that our Green Team may find this program meets one it its

goals and requests annual funding for it. YVEA has committed an initial investment of

$10,000.

You might have already read Scott Franz’ story about the winners of CMC’s annual

business competition. The husband and wife team who created the Balance Rider (a

piece of exercise equipment that mimics a horseback ride) won first place and $10,000;

and the company founded by Randy Pattison and Peter Daley to manufacture skis,

Northland Skis, won second place and $5,000. As you know, the winners were funded

by the City’s Economic Development budget. Per Council’s economic policy, the City

annually encourages small business. The fulfillment of this goal started with mini-grants

and migrated in 2013 to fund the first and second place winners of this annual event.

This method of granting ensures the winners have a solid business plan in place helping

guarantee success. This year’s winner called the contest “phenomenal,” per Scott’s

article. Mr. Lauter went on to explain the value of having experienced businessmen

AGENDA ITEM #10b.



2 | P a g e

from SCORE judge them and provide feedback in the process. I continue to believe this

program meets Council’s goals regarding incenting small business and have set aside

$15,000 in the 2015 budget to continue the program.

Our utilities department sent out over 550 late notices in November. And although we

have raised the fee for having to place a turn-off hangar on our customers’ doors, we

still placed 46 hangars in November. The City and County of Denver asked Colorado Cities to join in an accounts payable

benchmarking survey in order to “identify innovative ways of thinking” about accounts

payable functions. We were one of the 24 cities who responded and found out that we

were one of only 4 among this group that receive at least 25% of our invoices

electronically. We were among the half who store invoices electronically. We were

one out of 8 who process at least 25% of our payments with electronic funds vs. a paper

check. And while we are working to implement it, we are not yet counted among the

33% who use an automated workflow system for Accounts Payable.

Earlier this year, the Securities and Exchange Commission’s Enforcement Division

announced the Municipalities Continuing Disclosure Cooperative initiative that gavemunicipal issuers such as us the opportunity to self-disclose without fear of penalty any

instances of material misstatements in bond offerings regarding our prior compliances

with continuing disclosure obligations. We are happy to report that after an

investigation of our practices, we had nothing to self-disclose.

After receiving more than 70 applications for three firefighter vacancies, the department

selected Chris Voyvodic (currently a reserve member), Chris Brookshire (a firefighter

from Snowmass), and Isaiah Hartman (a firefighter from Vail) to fill the vacancies. All

are expected to start their new positions in late December.

Call volume in the Fire Department is up 3.7% over last year and Fire Prevention activity

is up 8.28%. Fire prevention includes inspections and building plan reviews.

Our firefighters were out in late November and early December supporting the United

Way Routt County Together Holiday Market with gift collection at Walmart and the

Courthouse.

We received a grant to support transit operations in the amount of $151,698 from

CDOT.

We have applied for grants for water education materials from the Colorado

Foundation for Water Education and for an Electric Vehicle Recharging Station from the

Colorado Energy Office.

Our marketing team has now integrated City facility videos into Storm Mountain

Express video loops. They have also started the process of migrating Parks and Rec

marketing to Emily Hines.

Again this year we have a dozen police officers participating in the Police Officer Ski

Program. This is a cooperative effort with Ski Corp and the SSPD, to make the

mountain area a safe and enjoyable experience.

Detective Stuart Hutton conducted a Fraud Awareness presentation to the Senior

Citizens at Casey’s Pond.



3 | P a g e

We have been unable to repair the downtown tree lights and will have to do without

them this holiday season. The Christmas decoration lights are functioning. When

CDOT made major repairs to Lincoln a few years ago, many of the conduits containing

electrical for the trees were crushed, compromising the system. Now that we are

aware of the issue we’ll need to plan for major repairs.

Attached to this report is a “flyer” from Tyler Gibbs announcing the ULI’s Resort,Entertainment, Tourism and Leisure conference in Steamboat Springs next month.

Please let Tyler know if you want to attend any part of the conference.

The Ice Arena hosted the annual Adele Dombowski Hockey Tournament last weekend.

Teams from the Front Range to Park City participated.

The Bear River Park river access project is almost complete, steps and rockwork are

complete, installing fence and reclaiming disturbed areas with native plants and seed

remain.

Hope everyone got out to the Community Holiday Party last Sunday. Howelsen Ski

Area and the Rotary Club hosted the party.

Our Parks, Open Space, Recreation Director, John Overstreet, has been recognized as aCertified International Project Manager through the Institute for Professional Analysts

Board of Standards.

The Elk River Intersection Survey is underway, enabling the design to be completed this

winter and keeping the project on schedule for construction in 2016.

The new winter bus schedule went into effect on Sunday, December 7. Initial feedback

has not been entirely positive with comments centering on the lack of service at/to the

hospital and Selby during the midday, increased travel time from the west to the

mountain, and complaints about having to transfer to reach destinations.

RouteMatch representatives are in town working with SST to launch the Fixed Route

software kit. This service will provide real time GPS tracking of bus

locations/directions/speed and allows users to view individual stop data such as route

name (Aqua, Cinnamon) and scheduled pick up times. This service also provides the

foundation for future incorporation of passenger counts and voice annunciation of stops.

Work to launch the “smart phone app’ to access this information is on-going.

Our Public Works Director and Water Superintendent met with Mt. Werner Water

peers to discuss each other’s 6-year capital improvements and future distribution

planning. This quarterly meeting allows both water providers to review upcoming

cooperative opportunities for wellhead protection, water conservation, and

infrastructure projects.

I attended the Routt County Club 20 meeting at the Community Center on Friday,

December 5. I met Bonnie Petersen, Club 20 Executive Director – soon to be AGNC

Executive Director. It was a small group and the main topics included sage grouse and

coal.



For Man

Urban L

ULI Colo

to Steam

specifica

invited Cwe migh

Their An

ExcitingProductSymposi

Come a

Chris Di

Bill Wen

Tyler GiJames C

Ford Fri

Many ot

ger’s Repo

and Institu

rado’s Res

boat for the

lly formed t

ity Council,like some i

nouncemen

rends in reouncil, join

um Sunday,

d hear from

mond, Ste

, Wenk an

bs, City ofhung, Reac

k, BBC Res

ers to be c

rt

e Conferen

rt, Entertain

ir semi-ann

generate

Planning Bnput.

and Draft

ort develop your fellowJanuary 11

presenters

mboat Ski

Associates

teamboath Consultan

earch and

nfirmed!

ce in Stea

ment, Touri

al meeting

ore engag

ard and sta

genda is a

ment are emembers a – Tuesday,

such as:

orporation

ts

onsulting

boat

sm and Lei

on January

ment with

ff to sit in a

follows:

erging in Cnd ULI Colo January 1

ure (RTEL)

11th – 13th.

ountain co

d/or sugge

olorado. Asrado for an.

Product Co

This is a g

mmunities.

t some loc

a memberevening + d

uncil is com

oup that wa

They have

l topics on

f the RETLay Winter

ing

s

hich

Attachment 1

City Council Agenda for Tuesday, December 16

Documents

Transcript of City Council Agenda for Tuesday, December 16