City Council Agenda For Tuesday, December 16

CITY OF STEAMBOAT SPRINGS
AGENDA
Regular Meeting NO. 2014-24
Tuesday, December 16, 2014
5:00 PM
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 than three (3) minutes
on items not scheduled on the Agenda will be heard under Public Comment; and 2)
Comments no longer than three (3) minutes on all scheduled public hearing items will
be heard following the presentation by Staff or the Petitioner. Please wait until you are
recognized by the Council President.
With the exception of subjects brought up during Public Comment, on which no action
will be taken or a decision made, the City Council may take action on, and may 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 Councils goal
to adjourn all meetings by 10:00 p.m.
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.
ROLL CALL (5:00 PM)

Steamboat Springs Liquor License Authority Meeting After roll call, the City Council will adjourn
and reconvene in their capacity as the Steamboat Springs Liquor License and follow the attached
Liquor Authority agenda.
At the conclusion of the Steamboat Springs Liquor License Authority Meeting, the City Council
will reconvene as the Steamboat Springs City Council and proceed with the following agenda:
COMMUNITY REPORTS/CITY COUNCIL DISCUSSION TOPIC:

There are no items scheduled for this portion of the agenda.
CONSENT CALENDAR: MOTIONS, RESOLUTIONS AND ORDINANCES FIRST

READINGS
ITEMS ON THE CONSENT CALENDAR GENERALLY REQUIRE LITTLE COUNCIL
DELIBERATION AND MAY BE APPROVED WITH A SINGLE MOTION. ANY MEMBER OF THE
COUNCIL OR THE PUBLIC MAY WITHDRAW ANY ITEM FROM THE CONSENT CALENDAR
FOR FURTHER DISCUSSION AT ANY TIME PRIOR TO APPROVAL.
1. RESOLUTION: A resolution acknowledging the appointment of a

member to the Local Marketing District Board of Directors. (Weber)
2. RESOLUTION: A resolution appointing trustees to the East Routt
Library District Board. (DelliQuadri)
3. RESOLUTION: A resolution adopting and entering into the trust
agreement for the Colorado Firefighter Heart and Circulatory Benefits
Trust. (Small)
4. FIRST READING OF ORDINANCE: An ordinance amending Article III of
Chapter 19 of the Steamboat Springs Revised
Municipal
Code
relating to wildlife resistant containers; providing an effective date;
and setting a hearing date (Earp/Stabile)
PUBLIC HEARING: ORDINANCE SECOND READINGS
THE CITY COUNCIL PRESIDENT OR PRESIDENT PRO-TEM WILL READ EACH ORDINANCE
TITLE INTO THE RECORD. PUBLIC COMMENT WILL BE PROVIDED FOR EVERY
ORDINANCE.
5. SECOND READING OF ORDINANCE: An ordinance amending Chapter

3, Alcoholic Beverages, of the Steamboat Springs Revised Municipal
Code; providing for severability; providing an effective date and
setting a hearing date. (Franklin)
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.
PARKS AND RECREATION COMMISSION REPORT

PLANNING COMMISSION REPORT
CONSENT CALENDAR - PLANNING COMMISSION REFERRALS:
ITEMS ON THE CONSENT CALENDAR GENERALLY REQUIRE LITTLE OR NO COUNCIL
DELIBERATION AND MAY BE APPROVED WITH A SINGLE MOTION. A CITY COUNCIL
MEMBER MAY REQUEST AN ITEM(S) BE REMOVED FROM THE CONSENT CALENDAR FOR
FURTHER DISCUSSION. ALL ORDINANCES APPROVED BY CONSENT SHALL BE READ
INTO THE RECORD BY TITLE.
6. PROJECT: DP-14-07. Original Town of Steamboat Springs Block 32

Lots 3-5 (Old Pilot Building)
PETITION: Development plan and conditional request to change
existing retail use to apartment, office, restaurant and retail.
LOCATION: 1025 Lincoln Avenue.
APPLICANT: Lakeside Landing, c/o Jan Kaminski.
PLANNING COMMISSION VOTE: Approved 5/0 on November 20, 2014.
(Stauffer)
PUBLIC HEARING PLANNING COMMISSION REFERRALS
PUBLIC HEARING FORMAT:
Presentation by the Petitioner (estimated at 15 minutes). Petitioner to 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: An ordinance to amend Section

26-92, Use Classifications; amend Section 26-402, Definitions and Use
Criteria; and amend Section 26-222, Prohibited Signs (Mobile Food
Units). (Keenan)
REPORTS
8. City Council
9. Reports
a. Agenda Review: (Franklin)

1. Regular meeting January 6, 2015.
2. Regular meeting January 20, 2015.
10. Staff Reports
a. City Attorneys Update/Report. (Lettunich)
b. City Managers Report: Ongoing Projects. (Hinsvark)
ADJOURNMENT
BY:
JULIE FRANKLIN, CMC

CITY CLERK
AGENDA ITEM #1.

CITY COUNCIL COMMUNICATION FORM
FROM:
Kim Weber, Finance Director (ext. 250)
THROUGH:
Deb Hinsvark, City Manager (ext. 240)
DATE:
December 16, 2014
ITEM:
A RESOLUTION ACKNOWLEDGING THE APPOINTMENT OF A

MEMBER TO THE LOCAL MARKETING DISTRICT BOARD OF
DIRECTORS.
NEXT STEP:
Approve.
_X_
_X_
INFORMATION
RESOLUTION
I.
REQUEST OR ISSUE:
Local Marketing District Board of Directors member Steven Dawes submitted his
resignation letter effective November 21, 2014. His term ends April 16, 2016. In
accordance with CRS 29-25-108, the City Council must appoint a new board
member within thirty (30) days after a vacancy occurs. The Local Marketing
District Board is requesting that the City Council appoint Ms. Jane Blackstone to the
Local Marketing District Board of Directors.
II.
RECOMMENDED ACTION:
Approve.
III.
FISCAL IMPACTS:
None.
IV.
BACKGROUND INFORMATION:
According to the Local Marketing District By-Laws, the Board may recommend one
or more qualified candidates for filling such vacancy. The remaining Directors shall
determine the manner in which applications are requested from qualified electors
of the District to fill such vacancy. Such manner may (but is not required to)
include publication of notice of such vacancy in a newspaper of general circulation
in the District. The remaining board members, or a committee of such board
members, may interview those applicants deemed qualified to become a Director of
the District.
Knowing her past experience on the LMD Board (May 2007-November 2008), her
current primary address being within the LMD Boundaries, and her possible interest
in serving, the Board reached out to Ms. Jane Blackstone when Steven Dawes
submitted his resignation letter effective November 21, 2014. The Board reviewed
Ms. Blackstones current resume and voted to recommend her appointment to the
Board at the LMD Board meeting November 21, 2014.
Understanding the limitations of recruiting for this Board over the past several
years because of the requirement to live within the boundaries of the LMD, along
with the quality of applicant they had, the Board determined not to do a full
recruitment process which has proven to be difficult in the past. This is in
accordance with the current By-Laws and follows C.R.S. 29-25-108.
V.
LEGAL ISSUES:
This process is in accordance with to Colorado Revised State Statutes 29-25-110,
Local Marketing District Act.
VI.
CONFLICTS OR ENVIRONMENTAL ISSUES:

None Noted.
VII.
SUMMARY AND ALTERNATIVES:

Resolution may be revised, deleted or approved.
LIST OF ATTACHMENTS
None.
CITY OF STEAMBOAT SPRINGS, COLORADO

RESOLUTION NO. _____
A RESOLUTION ACKNOWLEDGING THE APPOINTMENT OF A
MEMBER TO THE LOCAL MARKETING DISTRICT BOARD OF
DIRECTORS.
WHEREAS, in accordance with CRS 29-25-108 the local marketing district must
replace members of its Board within thirty (30) days after a vacancy occurs; and
WHEREAS, pursuant to this same CRS 29-25-108 the local marketing district
board must be appointed by the City; and
WHEREAS, Board Member Steven Dawes resigned his seat effective November
21, 2014; and
WHEREAS, Mr. Dawes had 1 year and four months remaining on his term on
the Board; and
WHEREAS, The Board met and reviewed Ms. Blackstones resume and found
her to have the expertise and community interest required to be a valuable Board
Member along with her experience of being a prior Board Member.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STEAMBOAT SPRINGS, COLORADO, THAT:
Section 1.
Ms. Jane Blackstone of 1385 Delta Queen Ct. in Steamboat Springs,
Colorado is appointed to replace Steven Dawes on the local marketing district board for
the remainder of his term; such term to end April 16, 2016.
PASSED, ADOPTED AND APPROVED this 16th day of December, 2014.
ATTEST:
_______________________
Julie Franklin, CMC
City Clerk
____________________________
Bart Kounovsky, President
Steamboat Springs City Council
AGENDA ITEM #2.

FROM:
Winnie DelliQuadri, Govt Programs Mgr (Ext. 257)

Chris Painter, Library Director
THROUGH:
Debra Hinsvark, City Manager (Ext. 240)
DATE:
December 16, 2014
ITEM:
Appointment of Trustees to the East Routt Library Board.
NEXT STEP:
Motion to approve a resolution appointing trustees to the

East Routt Library District Board.
___
_
___
_X_
_X
I.
DIRECTION
INFORMATION
ORDINANCE
MOTION
RESOLUTION
REQUEST OR ISSUE:
The City of Steamboat Springs established the East Routt Library District with Routt
County and the Steamboat Springs RE2 School District. Per Colorado Library Law,
members of the Board of Trustees are appointed by joint resolution of the legislative
bodies that established the District, upon the recommendation of the Library Board of
Trustees, 24-90-108(c). The East Routt Library District Board of Trustees recommends
that Robert T. Matteo and G. Dale Richey each be appointed to the Board of Trustees for
terms beginning January 1, 2015 and ending December 31, 2019.
II.
RECOMMENDED ACTION:
Motion to approve a resolution appointing trustees to the East Routt Library

District Board.
III.
FISCAL IMPACTS:
The appointed Trustees will govern the East Routt Library District, including its financial
operations.
IV.
Library Districts in Colorado are established in one of two ways under Colorado Library
Law, either by a vote of the registered electors within the District or by joint resolution
of one or more legislative bodies within the District, 24-90-107, C.R.S. The East Routt
Library District was established in 1980 by joint resolution of the Routt County
Commissioners, the Steamboat Springs City Council and the RE-2 School Board. The
members of the Board of Trustees are appointed by joint resolution of the three
legislative bodies that established the District, upon the recommendation of the Board
of Trustees, per 24-90-108(c).
Library Trustees must reside within the East Routt Library District, which has the same
boundaries of the Steamboat Springs RE2 School District. The Librarys board
recruitment process consists of:
1. Posting a notice of vacancy in the Steamboat Today, on the Library website and on the
Librarys community bulletin board.
2. Interested individuals complete and submit an application form.
3. Nominating committee (made up of all interested Board members) reviews applications,
selects individuals to interview, and develops interview questions.
4. Nominating committee / Board interviews applicants and selects candidates to
recommend for appointment to the Library Board.
V.
LEGAL ISSUES:
None.
VI.
None at this time.

VII.
Per Colorado Library Law, the City, as co-establisher of the East Routt Library District,
must jointly pass a resolution appointing Trustees recommended by the Library Board.
LIST OF ATTACHMENTS
1. Resolution creating the East Routt Library District in 1980.
2. Resolution appointing Trustees to the East Routt Library District Board
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 Library
District with Routt County and the Steamboat Springs RE 2 School District in 1980; and
WHEREAS, the appointment of trustees shall be ratified by the legislative bodies
of each of the participating governmental units upon recommendation of the Board of
Trustees of the East Routt Library District (C.R.S. 24-90-108(2c)); and
WHEREAS, the management and control of the East Routt Library District is
vested in a Board of not fewer than five nor more than seven trustees (C.R.S. 24-90108 (1)); and
WHEREAS, a Trustee shall be appointed for a five year term in accordance with
the by-laws of the East Routt Library District Board (C.R.S. 24-90-108 (3a)) and
WHEREAS, the terms of office of Robert T. Matteo expires December 31, 2014;
and
WHEREAS, the East Routt Library District Board of Trustees recommends that
the East Routt Library District Board increase the number of Board members from five
to six,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STEAMBOAT SPRINGS, COLORADO, THAT:
1) Robert T. Matteo and G. Dale Richey each be appointed to the East Routt
Library District Board of Trustees for terms beginning January 1, 2015 and
ending December 31, 2019.
PASSED, ADOPTED AND APPROVED this 16th day of December, 2014.
________________________________
ATTEST:
__________________________________
Julie Franklin, CMC
City Clerk
AGENDA ITEM #3.

FROM:
Anne Small, Director of General Services (Ext. 249)

Joel Rae, Director of Public Safety Services (Ext. 113)
Mel Stewart, Fire Chief (879-7170)
THROUGH:
Deb Hinsvark, City Manager (Ext. 240)
DATE:
December 16, 2014
ITEM:
A RESOLUTION ADOPTING AND ENTERING INTO THE TRUST

AGREEMENT FOR THE COLORADO FIREFIGHTER HEART AND
CIRCULATORY BENEFITS TRUST.
NEXT STEP:
Sign and submit the agreement to the Trust.
X
X
I.
DIRECTION
RESOLUTION
REQUEST OR ISSUE:
Approve a resolution adopting and entering into a trust agreement for the Colorado
Firefighter Heart and Circulatory Benefits Trust.
II.
RECOMMENDED ACTION:
Staff recommends approving the resolution and authorize the city manager to sign the
agreement.
III.
FISCAL IMPACTS:
Expense:
Annual insurance premium:
$5,025
Source of Funds:
Fire Department operating budget

Department of Local Affairs
$1,350
$3,675
IV.
In 2014, the Colorado General Assembly passed Senate Bill 14-172, which requires that
fire agencies provide firefighters with coverage for heart or circulatory malfunctions. This
bill also appropriated some funds (administered by the Department of Local Affairs) to
help fire agencies provide this coverage to their employees. Reimbursement from DOLA
only applies to full-time firefighters with at least 5 years of continuous employment in the
fire prevention services. The City has 21 qualifying employees. In addition, the City will
fund coverage for its 9 employees with less than 5 years of continuous employment or
work on a part-time basis.
The Colorado Firefighter Heart and Circulatory Benefits Trust was created to aid the states
fire professionals and agencies contain the human and financial burdens created by
cardiac incidents by providing these mandated benefits to the states firefighters. The
Trust program was designed with input from the Colorado Professional Fire Fighters,
Colorado State Fire Chiefs, the state Division of Insurance, as well as individuals from
municipal, county and special district fire agencies.
The benefits provided by the Trust work alongside employer-provided health insurance
coverage to help firefighters cope with the financial toll of a cardiac event.
V.
LEGAL ISSUES:
None.
VI.
None.
VII.
Council may opt to:

1. Approve the resolution and authorize the city manager to sign the agreement.
2. Deny the resolution.
3. Table the item and provide alternate direction.

RESOLUTION NO.
A RESOLUTION ADOPTING AND ENTERING INTO THE TRUST
AGREEMENT FOR THE COLORADO FIREFIGHTER HEART AND
CIRCULATORY BENEFITS TRUST.
WHEREAS, under Colorado Revised Statutes, 29-5-302 an employer as defined
therein is required to maintain certain firefighter heart and circulatory malfunction
benefits in accordance with and subject to the requirements and limitations of said Part
3; and
WHEREAS, in order to provide such benefits, an employer, which includes the
City of Steamboat Springs, is authorized to participate in a multiple employer health
trust; and
WHEREAS, the City Council of the City of Steamboat Springs has authority
under Article XIV, Section 18(2)(a) of the Colorado Constitution, and Sections 10-3903.5, 29-1-201, et seq., and 29-5-302, C.R.S., as amended, to participate with other
employers in a multiple employer health trust for the provision of such benefits and for
related claims handling, risk management, and other functions and services related to
such benefits; and
WHEREAS, the City Council has reviewed the Trust Agreement for the Colorado
Firefighter Heart and Circulatory Benefits Trust, a copy of which is attached hereto as
Exhibit A, by and through which the Members (as defined therein) desire to establish a
trust (the Trust) and provide a benefit plan that provides firefighter heart and
circulatory malfunction benefits consistent with the provisions of Part 3 of Article 5 of
Title 29, C.R.S., as specified in the Colorado Firefighter Heart and Circulatory
Malfunction Benefits Plan (the Plan); and
WHEREAS, the Members intend that the Trust, together with the Plan, shall
constitute an irrevocable trust, exempt from taxation under Internal Revenue Code
Section 115; and
WHEREAS, the City Council finds that membership and participation in the Trust
and Plan would be in the best interests of the City of Steamboat Springs, its employees
and its taxpayers; and
WHEREAS, the City Council, by this enactment desires to adopt and enter into
the Trust Agreement for the Colorado Firefighter Heart and Circulatory Benefits Trust,
and to take other actions in connection therewith.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Steamboat
Springs hereby:
1. Approves the contract entitled Trust Agreement for the Colorado Firefighter
Heart and Circulatory Benefits Trust, a copy of which is attached hereto as
Exhibit A and incorporated into this Resolution by this reference (the Trust
Agreement).
2. Authorizes the City Manager to execute the Trust Agreement on behalf of the
City of Steamboat Springs.
3. Directs that staff transmit to the Colorado Firefighter Heart and Circulatory
Benefits Trust, McGriff, Seibels & Williams Inc., PO Box 1539, Portland, OR
97207-1539, an executed and attested copies of this resolution and such Trust
Agreement.
4. Designates Mel Stewart, Fire Chief, as its initial Member Representative to the
Trust and designates Anne Small, Director of General Services as its initial
Alternate Representative to the Trust, such persons having the address listed
below.
City of Steamboat Springs
PO Box 775088
Steamboat Springs, CO 80477
5. Understands that with the adoption of this resolution and subject to the terms of
the Trust Agreement, the City of Steamboat Springs becomes a member of the
Trust, with its participation to commence effective as of the date determined in
accordance with the Trust Agreement.
PASSES, ADOPTED AND APPROVED this 16th day of December, 2014.

ATTEST:
Julie Franklin, CMC

City Clerk
Exhibit A
TRUST AGREEMENT
FOR
COLORADO FIREFIGHTER HEART AND CIRCULATORY
BENEFITS TRUST
TABLE OF CONTENTS
ARTICLE 1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
ADMINISTRATOR .................................................................................................................................................... 2
AUTHORIZED INVESTMENT .................................................................................................................................... 2
BENEFICIARY ......................................................................................................................................................... 2
CODE ..................................................................................................................................................................... 2
CUSTODIAN ............................................................................................................................................................ 2
FISCAL YEAR ......................................................................................................................................................... 2
INVESTMENT COMMITTEE ...................................................................................................................................... 2
INVESTMENT FUND ................................................................................................................................................ 2
INVESTMENT MANAGER......................................................................................................................................... 2
MEMBERS OR MEMBER .......................................................................................................................................... 2
MEMBER REPRESENTATIVE ................................................................................................................................... 3
PARTICIPANT.......................................................................................................................................................... 3
PLAN ...................................................................................................................................................................... 3
TRUST .................................................................................................................................................................... 3
TRUST COMMITTEE ................................................................................................................................................ 3
TRUST FUND .......................................................................................................................................................... 3
TRUSTEE ................................................................................................................................................................ 3
ARTICLE II
2.1
2.2
2.3
DUTIES OF TRUST COMMITTEE ....................................................................................................... 7
DUTIES................................................................................................................................................................... 7
Receipt of Contributions........................................................................................................................................ 7
Management of Funds........................................................................................................................................... 7
Payments. .............................................................................................................................................................. 7
Appointment of Administrator. .............................................................................................................................. 7
Appointments of Investment Committee. ............................................................................................................... 7
ARTICLE V
5.1
(a)
TRUSTEES AND SUCCESSOR TRUSTEES ........................................................................................ 3
TRUSTEES. ............................................................................................................................................................. 3
SUCCESSOR TRUSTEES. .......................................................................................................................................... 4
COMPENSATION. .................................................................................................................................................... 5
CHAIR AND OFFICERS; SUB-COMMITTEES. ............................................................................................................ 5
MEETINGS.............................................................................................................................................................. 5
PROXY. .................................................................................................................................................................. 5
NO DELEGATES...................................................................................................................................................... 5
QUORUM AND VOTING........................................................................................................................................... 5
ACTION WITHOUT A MEETING................................................................................................................................ 6
CONFLICTS OF INTEREST. ....................................................................................................................................... 6
OFFICE LOCATION AND MEETING PLACE............................................................................................................... 6
AGENT FOR SERVICE OF LEGAL PROCESS. ............................................................................................................. 6
RULES AND REGULATIONS..................................................................................................................................... 7
ARTICLE IV
4.1
(a)
(b)
(c)
(d)
(e)
ESTABLISHMENT OF THE TRUST..................................................................................................... 3
TRUST ESTABLISHED. ............................................................................................................................................ 3

LIMIT OF INTEREST IMPOSSIBILITY OF DIVERSION. ............................................................................................. 3
TRUST COMMITTEES ACCEPTANCE....................................................................................................................... 3
ARTICLE III
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
DEFINITIONS........................................................................................................................................... 2
INVESTMENT OF TRUST ASSETS ...................................................................................................... 8
GENERAL INVESTMENT POWER/INVESTMENT FUNDS. ........................................................................................... 8

Authority of Investment Committee. ...................................................................................................................... 8
(b)
(c)
5.2
(a)
(b)
(c)
(d)
(e)
5.3
(a)
5.4
Investment Funds................................................................................................................................................... 8
Funding Policy. ..................................................................................................................................................... 8
INVESTMENT MANAGERS....................................................................................................................................... 8
Appointment. ......................................................................................................................................................... 8
Contractual Arrangement...................................................................................................................................... 9
Trust Committees Duties...................................................................................................................................... 9
Failure to Direct.................................................................................................................................................... 9
Termination of Appointment.................................................................................................................................. 9
MANNER AND EFFECT OF DIRECTIONS................................................................................................................... 9
Delegation of Authority to Custodian.................................................................................................................... 9
AUTHORIZATION OF DESIGNEE(S)........................................................................................................................ 10
ARTICLE VI
6.1
6.2
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
POWERS OF TRUST COMMITTEE................................................................................................... 10
GENERAL AUTHORITY. ........................................................................................................................................ 10

SPECIFIC POWERS. ............................................................................................................................................... 10
Purchase of Property. ......................................................................................................................................... 10
Disposition of Property. ...................................................................................................................................... 10
Retention of Cash. ............................................................................................................................................... 10
Exercise of Owners Rights. ................................................................................................................................ 10
Registration of Investments. ................................................................................................................................ 11
Borrowing. .......................................................................................................................................................... 11
Purchase of Contracts......................................................................................................................................... 11
Execution of Instruments. .................................................................................................................................... 11
Settlement of Claims and Debts........................................................................................................................... 11
Establish Rules and Policies. .............................................................................................................................. 11
Trustee Insurance................................................................................................................................................ 11
Risk Management. ............................................................................................................................................... 11
Delegation. .......................................................................................................................................................... 12
Employment of Agents, Advisers and Counsel. ................................................................................................... 12
Appointment of Custodian................................................................................................................................... 12
Power to do any Necessary Act........................................................................................................................... 12
ARTICLE VII CONTRIBUTIONS TO THE TRUST FUND ....................................................................................... 12

7.1
7.2
7.3
7.4
7.5
7.6
MEMBER CONTRIBUTIONS.................................................................................................................................... 12
CONTRIBUTION RATE STRUCTURE........................................................................................................................ 12
FAILURE TO MAKE CONTRIBUTIONS. .................................................................................................................... 13
TABOR COMPLIANCE. ........................................................................................................................................ 13
STATE FUNDING................................................................................................................................................... 13
REPORTS. ............................................................................................................................................................. 14
ARTICLE VIII PARTICIPATION AND WITHDRAWAL OF MEMBERS ............................................................... 14

8.1
8.2
8.3
8.4
8.5
8.6
PARTICIPATION IN TRUSTBY MEMBERS. .............................................................................................................. 14

WITHDRAWAL BY MEMBER. ................................................................................................................................ 14
SUCCESSORS AND ASSIGNS................................................................................................................................... 15
POWERS OF THE MEMBERS. .................................................................................................................................. 15
MEETINGS OF THE MEMBERS................................................................................................................................ 15
MEMBER OBLIGATIONS. ....................................................................................................................................... 16
ARTICLE IX
9.1
(a)
(b)
(c)
(d)
(e)
9.2
ADMINISTRATION ............................................................................................................................... 16
ACCOUNTING. ...................................................................................................................................................... 16
Books and Records. ............................................................................................................................................. 16
Accounting........................................................................................................................................................... 16
Release. ............................................................................................................................................................... 16
Valuations. .......................................................................................................................................................... 17
Reliance on Administrator................................................................................................................................... 17
EXPENSES. ........................................................................................................................................................... 17
ARTICLE X
10.1
(a)
(b)
10.2
10.3
AMENDMENT OF TRUST. ...................................................................................................................................... 17

Right to Amend.................................................................................................................................................... 18
Exclusive Benefit. ................................................................................................................................................ 18
TERMINATION OF PLAN........................................................................................................................................ 18
FINAL ACCOUNTING. ............................................................................................................................................ 18
ARTICLE XI
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
11.11
11.12
AMENDMENT OF TRUST; TERMINATION OF PLAN............................................................. 17
MISCELLANEOUS ................................................................................................................................ 18
NONALIENATION OF BENEFITS............................................................................................................................. 18
BENEFIT. .............................................................................................................................................................. 19
EFFECT OF PLAN. ................................................................................................................................................. 19
DISPUTE RESOLUTION.......................................................................................................................................... 19
ENTIRE AGREEMENT............................................................................................................................................ 20
APPROVAL OF THE MEMBERS. ............................................................................................................................. 20
LIABILITY FOR PREDECESSOR OR SUCCESSOR...................................................................................................... 20
LIABILITY FOR ACTS OF OTHERS. ........................................................................................................................ 20
GOVERNMENTAL IMMUNITY. ............................................................................................................................... 20
CONTROLLING LAW. ............................................................................................................................................ 20
EFFECTIVE DATE.................................................................................................................................................. 20
EXECUTION IN COUNTERPARTS. ........................................................................................................................... 20
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 the
undersigned 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 the
United 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 to
make 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:
CFHTRUST IGA 11/2014 R5
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 otherwise
specified.
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 services
agreement 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 in
effect 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 the
Effective Date and shall end on the immediately following December 31.
1.7
Investment Committee means the person, committee or entity appointed in accordance

with 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 association

appointed 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 Part
3 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 a
funding 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 of
taxes 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 Committees 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 Trust
Committee 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
3
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 than
thirty 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 size
or 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 body
of 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 December
31, 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 the
Committee 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 Trust
Committee 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
4
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 rendered
under 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 Trust
matters.
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 from
among 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 Trustees email 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 meeting
without 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 Trustees 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 Committee

and 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
5
required because of conflict of interest.

(c)
To approve the following items, an absolute majority vote (as defined below) is
required:
(1)
Annual budget;
(2)
and
Incurring any debt other than liabilities in the ordinary course of business;
(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 the
date 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 Trustees independent judgment in the discharge of Trust Committee
responsibilities is not impaired as a result of conflicts between the interests of the Trust and the
Trustees own financial interests or personal interests, or the financial interests or personal
interests of the members of the Trustees family or associates. A Trustee shall not vote or decide
upon 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 a
conflict 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 the
course of the performance of Trust Committee responsibilities to further that Trustees own
financial interests or personal interests, or the financial interests or personal interests of the
members of the Trustees 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 Trust
Committee 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
6
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, regulations
and 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. The
Trust Committee shall not be responsible for the calculation or collection of any
contribution 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 of
Participants 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 Committees 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 Investment

Committee 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 Investment
Committee.
ARTICLE V
INVESTMENT OF TRUST ASSETS
5.1
5.2
General Investment Power/Investment Funds.

(a)
Authority of Investment Committee. Except as provided in Sections 5.2 and

5.3, the Investment Committee shall have all authority and responsibility for the
management, disposition and investment of the Trust Fund, and the Trust
Committee 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 Trust
Committee shall implement, terminate, value, transfer to and from and allocate
the gains, losses and expenses among the Investment Funds in accordance with
the proper directions of the Investment Committee, the Administrator, or their
delegates, 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 Trust
assets 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.
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 Investment
Manager 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 such
Investment 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 an
investment adviser, a bank or an insurance company which is qualified to be
appointed as an Investment Manager under this Agreement.
8
5.3
(b)
Contractual Arrangement. The Investment Committee shall enter into a written

contract or agreement with each such Investment Manager in connection with its
appointment 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 the
Investment 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 the
Investment Manager and may limit the types of assets that may be acquired or
held by such Investment Fund(s).
(c)
Trust Committees Duties. With respect to each Investment Fund the

management 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 all
ownership 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 with
or 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 management
of 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 as
the Investment Committee deems appropriate in accordance with the existing
funding policy.
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 Trust
Committee, 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 to
the 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 written
documentation 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 profits
therefrom, without distinction between principal and income and in the manner and for
the 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 the
following 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 retain
the 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 for

contribution 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 Owners Rights. The Members acknowledge and agree that the
Trust Committee shall have the right or power to vote proxies appurtenant to
securities that it holds. The Members acknowledge and agree that the Trust
Committee shall have the power to make any review of, or consider the propriety
of, 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.
10
(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 name
of 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 the
Investment 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 of
the 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 and

exercise all incidents of ownership of any insurance, re-insurance, excess or stop
loss insurance or annuity contract that the Trust Committee determines or the
Investment 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 loss
coverage 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 or
defend 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 this
Agreement 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.
procedures.
To establish reasonable risk management policies and
11
6.3
(m)
Delegation. To delegate in writing fiduciary responsibilities or ministerial

powers and duties to such officers, agents, representatives and independent
contractors 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.
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 from
time to time.
(b)
Responsibility for Compliance. The responsibility for determining whether any

investment 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 amounts
determined 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 Trust
Committee shall establish Member contributions consistent with this Agreement, the Plan and
any guidelines consistent with this Agreement and the Plan as established by the Trust
Committee 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 the
Participants receiving benefits under the Plan.
12
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 the
contribution 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 Members participation in the Plan and Trust at the end of an

additional thirty (30) calendar day notice period or the end of the Plan year
of the Members 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 Members
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 or
indirect 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 Members contribution for any Fiscal Year shall exceed the
annual 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 2913
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 pursuant
to 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 the
approval 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 of
Part 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 this
Trust 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 entire
Trust 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 Members 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, the
Members Participants shall cease to participate in the Plan, provided, that if
required by law, a Participants benefits may be extended pursuant to, if and to the
extent applicable, the terms and provisions of the Plan, including those
Participants who have filed a claim for or are receiving benefits under the terms of
the Plan prior to the effective date of the Members withdrawal, in which case
benefits shall continue subject to the withdrawing Members payment of required
contributions.
(c)
Upon withdrawal, the Trust Committee also has the right to notify the Participants
14
of such withdrawing Member that such Members participation in the Plan and
Trust has ceased or will cease.
(d)
In the event of a Members 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 its
contributions to the Trust.
8.3
Successors and Assigns. Upon approval of the Trust Committee, a participating
Member 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:
8.5
(a)
Amend the Trust Agreement by a two-thirds (2/3) vote of the Members present at
a 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.
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 in
advance.
(b)
Special meetings of the Members may be called by the Trust Committee upon its
own 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.
15
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 Trust
Committee and uniformly applied.
(b)
Designate in writing a Member Representative and one or more alternates for the
Members' 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 administration
and 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 litigation
of any claim within the scope of benefits furnished through the Plan.
(f)
Comply with the benefits administration, claims handling and related policies
established by the Trust Committee.
ARTICLE IX
ADMINISTRATION
9.1
Accounting.
(a)
Books and Records. The Administrator generally shall be responsible for

keeping 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 reasonable
times by any person or persons designated by the Administrator, the Member, or
the Investment Committee. The Trust Committee shall promptly provide copies
of such books or records to any persons designated by the Administrator.
(b)
Accounting. Following the close of each Plan year of the Plan, or more
frequently as the Trust Committee and the Administrator may agree, the Trust
Committee, with the assistance of the Administrator, shall cause to be prepared a
16
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 by
regulations 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 Members
or 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.
9.2
(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 acts
or 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 is
compromised by agreement of the Trust Committee, the Trust Committee shall
file its statement covering the period from the date of the last annual statement to
which 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 the
maintenance and provision of all records specified in this Section.
Expenses. The expenses incurred by the Trust Committee in the performance of its
duties 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.
17
(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 require
compliance 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. Upon
adoption 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 or
Beneficiaries.
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 the
complete 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 or
thereafter) 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 the
termination, 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 Members 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 Plan
and 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 of
the 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, and
thereafter 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 claim
of 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
18
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 Trust
Committee 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 contrary
to 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, the
complaining 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 shall
continue 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 written
notice 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 by
the 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 law
or this Agreement. However, no party shall pursue such a remedy without first
exhausting the direct negotiation process.
19
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 than
those set forth or provided for herein.
11.6
Approval of the Members. The Members shall have the right, on behalf of all
individuals 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 the
administration 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 Investment
Manager 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 the
Trust, 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
December
16
________________________, 2014.
shall
be
effective
on
and
after
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 together
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Member and the Trust Committee have caused this
Agreement to be signed by their duly authorized officers or representatives as of the day first
written above.
20
TRUST COMMITTEE:
By:_________________________________
Trustee
By:________________________________
Trustee
Date:________________________________
Date:_______________________________
Member Representative of:
____________________________________
___________________________________
By:_________________________________
Trustee
By:________________________________
Trustee
Date:________________________________
Date:_______________________________
____________________________________
___________________________________
By:_________________________________
Trustee
By:________________________________
Trustee
Date:________________________________
Date:_______________________________
____________________________________
___________________________________
By:_________________________________
Trustee
ADMINISTRATOR:
Date:________________________________
By:________________________________
Title:_______________________________
Date:_______________________________
21
MEMBER:
Sign:
By: Debra Hinsvark
Title: City Manager
Attest:
Sign:
By: Julie Franklin
Title: City Clerk
Date of Member Adoption of Agreement:
December 16, 2014
22
AGENDA ITEM #4.

FROM:
Jerry Stabile, Police Captain (Ext. 119)

Casey Earp, Assistant to the City Manager
THROUGH:
Joel Rae, Director of Public Safety (Ext. 113)

Deb Hinsvark, City Manager
DATE:
December 16, 2014
ITEM:
Ordinance updating the wildlife proof refuse container

section of the Code.
NEXT STEP:
If passed on first reading the public hearing will be on

January 6, 2015.
___
___
_X_
___
___
DIRECTION
INFORMATION
ORDINANCE
MOTION
RESOLUTION
I.
REQUEST OR ISSUE:
Updating wildlife proof container ordinance in an effort to help deter wildlife from relying
on garbage as a source of food. This ordinance will help prevent human and wildlife
encounters at trash collection points through strengthening our requirements for refuse
collection bins and requiring commercial dumpsters to be secured with new lids.
II.
RECOMMENDED ACTION:
Approve
III. FISCAL IMPACTS:

No direct fiscal impact to the City for the residential and commercial upgrades to the
refuse containers. There will be a cost associated with the type of container and or retrofit
the customer and refuse collection company pursue. Options that have been approved for
residential bin options range from $50-350.
Options for the commercial range from $20 for the retrofit lids up to $3,500 for new
wildlife proof dumpsters.
The City will incur a cost associated with transitioning all of the refuse bins in our parks
over to the bear resistant model. With 85-95 trash bins in our parks early estimates are
$70,000-85,000 to make the transition.
IV.
Over the past three years the City of Steamboat Springs Police Department has responded
to many calls for service related to wildlife (bear) encounters throughout the community.
It has been identified by refuse haulers, the Department of Parks and Wildlife and the City
PD that our refuse collections points are insufficient and do not adequately deter wildlife.
The frequency and volume of calls for service over the past several years has increased,
leading staff to recommend updating our refuse container ordinance.
Currently, residential refuse collection regulations stipulate that a customer does not need
to have a wildlife resistant container as long as the container is put out between the hours
of 6:00A.M. and 8:00P.M. on the day of collection. This ordinance is proposing to increase
the required refuse container standards for all residential customers in accordance with
the recommended container models per the Interagency Grizzly Bear Committee and our
inspection of proposed containers provided by our local refuse hauling companies. This
ordinance also requires that commercial dumpsters be secured at a higher standard than
what is currently in place. If this ordinance is adopted these recommendations will take
effect April 1st, 2015.
Through several meetings with the refuse collection companies, CDPW, and the City of
Steamboat Springs PD, staff has worked through several different scenarios and arrived at
these recommendations. The cost associated with the new containers will be forwarded to
customers but customers will also be able to privately shop for an approved bin based on
the attached approved list.
The City of Steamboat Springs will also update all of the refuse collection bins in our parks
to conform to this ordinance. At this time the city is not recommending having the same
requirements for recycling; when recycling is done correctly the wildlife attracting material
in the container is minimal.
V.
LEGAL ISSUES:
Determining the responsible party for not securing shared commercial or residential
collection bins may prove to be difficult.
VI.
Financial burden on customers due the new requirements.
Heavy lids on dumpsters.
Non action would result in a continued increased in wildlife encounters that create a public
safety issue.
Trash visible throughout commercial/residential properties due to wildlife.
VII. SUMMARY AND ALTERNATIVES:

This ordinance strengthens our current wildlife resistant refuse container regulations. This
ordinance removes the timeframe for non-wildlife resistance containers and has a current
list of approved residential bins for customer choice. This list will be updated as necessary.
There are three options for moving forward on the commercial requirements:
1. New wildlife specific dumpsters
2. Replace plastic with all metal lids
3. Fortified retrofit of existing plastic lids
The proposed ordinance would require any breached lids to be replaced within 72 hours.
If the retrofits are put into place PD will also have the authority, on a case by case basis,
to require the lids be replaced with a metal alternative.
LIST OF ATTACHMENTS
Calls for service graph/map
Sample of approved container list
Examples from other communities
SSPD Bear Call Locations by Year
Attachment 1
2012 Bear Calls
2013 Bear Calls
2014 Bear Calls
Year ranges include the following: 2012 = April 1 - Dec 31, 2012 / 2013 = Jan 1 - Dec 31, 2013 / 2014 = Jan 1 - Nov 30, 2014
SSPD Number of Bear Calls by Month

Timeframe: April 1, 2012 - November 30, 2014
60
56
55
50
47
43
39
40
2012
30
28
2013
2014
22
20
20
20
18
16
14
13
12
10
10
9
5
3
1
0
March
April
May
June
July
Aug
Sept
Oct
Nov
60
SSPD Number of Bear Calls by Month/Clearance

Timeframe: April 1, 2012 - November 30, 2014
50
1
40
RTF
30
UTL
5
NAR
CWW
20
COA
CFI
2
2
3
10
1
2012
2013
2014
Nov
Oct
Sept
Aug
July
June
May
April
March
Nov
Oct
Sept
Aug
July
June
May
April
Nov
Oct
Sept
Aug
July
June
May
April
Attachment 2
BearResistantContainerList:

KodiakProducts
www.kodiakproducts.com
TheGrowlerCan
www.thegrowlercan.com
UnbearableBins
www.unbearablebins.com
DAWG
www.dawginc.com
Bearicuda
www.bearicuda.com
WorldSafetyProducts
www.worldsafetyproducts.com

KodiakProductsoffersonemodelofbearprooftrashcan96gallontote$319.00
TheGrowlerCan,comesina32gallon$179.00,64gallon$189.00,95gallon$229.00
UnbearableBin,onemodel95gallontotePricePending
DawgInc.,offersa50gallon$235.56anda90gallon$266.67
Bearicuda,offersthefollowingmodels,PAK12020Gallon$59.00,PAK13030Gallon
$75.00,PAK306TitanMetal(wheels)95gallon$495.00,PAK13232gallon$199.00,PAK
15050gallon$299.00,PAK19695gallon(nowheels)$315.00,STL26464gallon(wheels)
$239.00,STL296(wheels)$259.00
WorldSafetyProducts,Offersthefollowingmodels165020gallon$42.90,166165gallon
$178.20,1690(BlkBear)90gallon$196.90,1661(Grizzly)90gallon$353.10

(AlloftheproductslistedabovehavebeencertifiedbearresistantbyLivingwithWildlifeand
InteragencyGrizzleyBearCommittee,anyadditionalcontainerswillhavetobeapprovedbythe
DirectorofPublicSafetyortheColoradoDepartmentofWildlifeandParks)
Attachment 3
City
Breckenridge
Aspen
Durango
OrdinanceRequirement
x Garbagecanonlybeputoutbetweenthe
hoursof6amand10pmdayoftrash
service
x Garbagecanonlybeplacedoutsideinan
appropriatereceptacle.Lidofcontainer
mustbesecurelyattached.
x AllGarbagemustbestoredinsideahome,
garage,building,orshedunlesscanis
equippedwithsometypeoflatching
mechanismthatwillholdthelidsecurely
tothecan.
x Containersmustberesistantfor60
minutesasratedbytheInteragency
GrizzlyBearCommitteeorapprovedby
theCitydesignatedofficial.
x Noownerorpersoninchargeofa
propertyshallcauseorallowthecreation
oformaintainawildlifeaccessiblerefuse
containerorattractantoutsideonthat
propertyortheadjacentrightofwayat
anytime
x Anyrefusecontainerleftoutsideahouse,
garage,orotherenclosedbuildingwhichis
accessiblebywildlife,regardlessofsize,
thatreceivesrefusewhichisedibleby
bearsorotherwildlifeshallbeeither:(1)
Anapprovedwildliferesistantrefuse
container;or(2)Anapprovedwildlife
resistantdumpsterenclosure.(3)An
approvedwildlifeproofrefusecontainer
x Anytrashhaulerwhoprovidesarefuse
containertoacitycustomershallonly
providewildliferesistantrefusecontainers
orwildliferesistantdumpsters,which
meettherequirementssetforthhereinor
isapprovedbyaCitydesignatedofficial.
x Ifacontainerorenclosureisdamaged,
allowingaccessbywildlife,repairsmustbe
madewithinseventytwohoursafter
writtennotificationbyaCitydesignated
official.
x Durangohasmunicipaltrashservice
x Hasasinglemodelofwildliferesistant
trashcansthroughthisservicefor$4per
month
x Ifresidentsorcommercialcustomershave
Vail
x
x
x
x
x
Telluride
x
x

servicethroughaprivatecompany;the
companyisresponsibleforprovidinga
containerthatiswildliferesistant.
Hasalistofacceptableresidentialand
commercialcontainers
Allenclosuresforcontainershavetobe
sealedfromgroundtoroof
VailPolicedepartmentcancertify
additionalcontainersnotonlist
Hasmunicipaltrashservice
Requires2latch,lockingreinforcedlid
Stenciledstreetaddressoncartfor
residential
Dumpsterslessthanorequalto6yard,
fullyenclosedmetalcontainerwith
lockablelid
Addressesofeachentityusingdumpster
onsecuredtag
CITY OF STEAMBOAT SPRING, COLORADO

ORDINANCE NO. _________
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 19 OF THE
STEAMBOAT SPRINGS REVISED MUNICIPAL CODE RELATING TO
WILDLIFE 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 necessary
and 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 Revised Municipal
Code is hereby amended to read as follows:
ARTICLE III. - WILDLIFE PROOF RESISTANTCONTAINERS
Sec. 19-100. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Approved container is a container used for the storage of refuse that has been
approved for use in the City of Steamboat Springs by the Director of the Department of
Public Safety.
Dumpster enclosure is any structure constructioned in accordance with the structural

requirements of the Uniform Building Code, as adopted by the city, irrespective of the
actual enclosed square footage of the structure including fully enclosed structures. The
structure shall be fully enclosed.
Refuse container is any container, other than a wildlife proof refuse container, used for
the storage of refuse.
Wildlife proof refuse container is a container used for the storage of refuse that has
been certified to be wildlife proof by the Colorado Division of Wildlife, the U.S. Park
Service, or the U.S. Forest Service. A container not so certified, is considered a wildlife
proof refuse container if it is fully enclosed, of sturdy construction, and includes a
latching mechanism suitable to prevent wildlife from opening the container. Latching
mechanisms shall allow a gap between the container lid of no more than -inch.
Latching mechanisms shall keep the lid closed in the event the container is turned on its
side or upside down. Wildlife proof refuse containers may include drain holes no larger
than one inch in any dimension.
Sec. 19-101. - Refuse storage requirements.
(a) It shall be unlawful for any person to store refuse that is attractive to or edible by
wildlife out of doors other than in a wildlife proof an Approved container or to store
refuse in such a container without fully securing the container in accordance with its
design. approved by the Colorado Division of Wildlife or the City of Steamboat Springs.
This includes commercial dumpsters whether or not they are in a dumpster enclosure.
(b) The owner of property on which refuse is stored in violation of subsection (a), or
the owner of abutting property when refuse is stored in violation of subsection (a) in a
City street right of way, shall be rebuttably presumed to be responsible for such
unlawful refuse storage.
(c) The owner(s) of the property on which refuse is stored in an Approved container
that is not fully secured in accordance with its design shall be liable for such violation
regardless of whether the owner(s) are directly responsible for the failure to secure the
commercial refuse container in accordance with its design.
(d) No person shall be liable for a violation of this subsection if the person has
purchased an Approved wildlife resistant container but has not received delivery.
(e) If an Approved container is damaged to an extent that compromises its
effectiveness the Director of Public Safety shall give the owner or user of the container
written notice to repair or replace the container. The continued use of the unrepaired
container seventy-two (72) or more hours after delivery of written notice to repair or
replace shall be unlawful.
(b) Persons with curbside refuse pickup service shall not place refuse containers, other
than wildlife proof refuse containers, containing refuse that is attractive to or edible by
wildlife at the curb for pickup until after 6:00 a.m. on the morning of their scheduled
collection day. After pickup, all refuse containers, other than wildlife proof containers,
must be returned to a building, house, garage, or dumpster enclosure by 8:00 p.m.
(c) 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 and
use wildlife proof refuse containers for all storage of refuse that is attractive to or edible
by wildlife if the city manager receives more than one documented, substantiated
report that any animal, whether wild or domestic, has entered into or removed refuse
from a refuse container located on the property or placed at the property curbside for
pickup.
Such order shall:
(1) State that a wildlife proof container shall be obtained for the property within seven
(7) days from the date of the order;
(2) Shall be served either personally or by means of posting on the premises upon
which the nuisance exists. If notice is served by posting, a copy of the notice shall also
be mailed by certified mail, return receipt requested, to the owner of record of the
property a the address shown in the records of the county assessor.
(d) Penalties for violation of such an order shall be the same as for any other violation
of this article.
Sec. 19-101.1 Trash Haulers
(a) Any trash hauler who provides service to a residential or commercial customer
located within the City shall offer to provide the customer with an Approved container.
The trash hauler may charge a fee for providing the Approved container. The customer
shall not be required to purchase an Approved container from the trash hauler.
Sec. 19-101.5 Approved Containers
(a) The Department of Public Safety shall maintain for public reference a list of
Approved containers. The original list and each updated list shall be dated and signed
by the Director of the Department of Public Safety and attested to by the City Clerk.
The Director of the Department of Public Safety shall evaluate the performance of listed
containers and may on the basis of such evaluation remove from the list any container
upon a determination that the container is not wildlife resistant. The owner or user of
any container that has been removed the list shall replace the container within thirty
(30) days of receiving written notice of such removal.
(b) The Director of the Department of Public Safetys shall consider the following
criteria in determining whether to approve a container or remove a container from the
list and may rely any other relevant information, including the opinions of officials of
other municipal governments, state agencies, or trash haulers:
(1) The container shall be fully enclosed;
(2) The container shall have a metal lid or a plastic lid reinforced with metal;
(3) The lid shall have a latching mechanism that prevents access to the contents
by wildlife;
(4) The container shall be bear resistant for a period of sixty (60) minutes.
Sec. 19-102. - Property maintenance.
(a) It shall be unlawful for the owner of any property located within the city, including
properties used for special events and properties that are the site of construction
activities, to permit the accumulation on the property of refuse attractive to or edible by
wildlife. Refuse shall be stored on and collected from such properties and stored in
accordance with the provisions of section 19-101
(b) Properties found to be in violation of this section may be deemed to be a nuisance
as defined in section 15-2 of this Code and treated accordingly.
Sec. 19-103. - Feeding of wildlife.
(a) It shall be unlawful for any person to knowingly leave or store any refuse,
recyclable, food product, pet food, grain, salt or any other materials attractive to or
edible by wildlife in a manner, which may attract or entice wildlife.
(b) Bird feeders shall be permitted under this section. However, between the dates of
April 15 and November 15, all feeders must be suspended on a cable or other device so
that they are inaccessible to bears and other wildlife and the area below the feeders
must be kept free of the accumulation of seed, seed debris, or other attractive or edible
materials.
Sec. 19-104. - Penalty schedule.
(a) The municipal court is hereby authorized to establish a penalty schedule for
violations of this article. The penalty schedule may establish mandatory minimum fines
for violations of this article and the mandatory minimum fines may increase for repeat
and multiple offenders.
(b) Mandatory minimum fines contained in a penalty schedule established per this
provision shall not affect the court's authority to impose a greater fine up to the court's
jurisdictional limit.
(c) The penalty schedule may authorize reduced or suspended fines upon the
offender's agreement to purchase and use a an Approved wildlife resistant refuse
container.
SECTION 2. The City Council hereby finds, determines and declares that this
ordinance is necessary for the immediate preservation of the public peace, health, and
safety.
SECTION 3. This ordinance shall take five (5) days after publication following final
passage as provided in Section 7.6(h) of the City of Steamboat Springs Home Rule
Charter.
SECTION 4. A public hearing on this ordinance shall be held on _______________,
2014, at 5:15 P.M. in the Citizens Hall meeting room, Centennial Hall, Steamboat
Springs, Colorado.
INTRODUCED, READ AND ORDERED published, as provided by law, by the
City Council of the City of Steamboat Springs, at its regular meeting held on the 16th
day of December, 2014.

ATTEST:
Julie Franklin, CMC

City Clerk
FINALLY READ, PASSED AND APPROVED this ___ day of _____________, 2014.

ATTEST:
Julie Franklin, CMC

City Clerk
AGENDA ITEM #5.

FROM:
Julie Franklin, CMC, City Clerk
THROUGH:
Deb Hinsvark, City Manager
DATE:
December 16, 2014
ITEM:
Second reading of an ordinance amending Chapter 3,

Alcoholic Beverages, of the Steamboat Springs Revised
Municipal Code; providing for severability; providing an
effective date and setting a hearing date.
NEXT STEP:
The second reading will be on December 16, 2014.
X_
_
I.
ORDINANCE
RESOLUTION
REQUEST OR ISSUE:
Review the ordinance amending the Municipal Code.

II.
RECOMMENDED ACTION/NEXT STEP:
Approve second reading.

III.
Staff is tasked with amending the code to update information, correct errors and make
clarifications. This ordinance updates the chapter on alcoholic beverages.
Below is an explanation of each change.
Section 1 (c): Senate Bill 11-066 allows municipalities to opt in and allows City Clerks to
administratively approve Special Event Permits without State approval. The City opted in
and therefore we no longer submit applications to the State for issuance.
Section 1 (h): A transfer to another location requires a hearing before the Liquor License
Authority, as opposed to a transfer of ownership which is approved administratively by
the City Clerk.
Section 2: Per Ordinance No. 2189 probable cause and show cause hearings are heard by
the Liquor Authority Compliance Division (hearing officer).
Section 3 (c): Ordinance No. 1709 removed the requirement for servers to recertify their
alcohol server training; therefore there is no certificate expiration date.
Section 3 (f): Staff feels that requiring licensees to submit server training information with
changes of location and changes of corporate structure is unnecessary. This information is
submitted with every new application, every renewal and every transfer of ownership.
Section 4 (a): Fees are set by the City Manager and no longer noted in the Code.
Section 5 (3): Publication of the public hearing is required with all other new liquor license
applications and changes of location. Staff feels that it would be beneficial to be
consistent in this process and inform the public via publication if a Hotel & Restaurant
wishes to add an optional premise to their existing licensed premise.
Section 5 (f): These numbers changed with updates to the Statutes.
Section 6 (c): Fees are set by the City Manager.
IV.
FISCAL IMPACTS:
There are no fiscal impacts to this change.

V.
LEGAL ISSUES:
None.
VI.
Adopt ordinance on second reading.

Direct staff otherwise.

ORDINANCE NO.
AN
ORDINANCE
AMENDING
CHAPTER
3,
ALCOHOLIC
BEVERAGES, OF THE STEAMBOAT SPRINGS REVISED MUNICIPAL
CODE; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE AND SETTING A HEARING DATE.
WHEREAS, the City wishes to update, correct errors and make clarifications in
the Steamboat Springs Revised Municipal Code.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
STEAMBOAT SPRINGS, COLORADO:
Section 1. Section 3-27 of the Municipal Code of the City of Steamboat
Springs shall be amended as follows:
(c) Nothing in this Code shall be deemed to require a person to obtain a separate city
license in order to sell or offer for sale any malt, vinous, spirituous liquor or
fermented malt beverage pursuant to a special event permit issued by the state.
The city clerk, however, having been delegated the necessary power and authority,
shall review and approve all applications for special event permits before
submission to the state for issuance, all in accordance with state law.
(h) No 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. Standards
for transfer of a city license are those applicable to transfers of state licenses under
state law.
Further, the City Council of the City of Steamboat Springs will retain authority and hold
public hearings for purposes of considering, among other issues, new license
applications and applications for changes in the location of licensed premises. and
Determinations of probable cause and resulting show-cause hearings in cases of alleged
violations of the Colorado Beer Code or Colorado Liquor Code shall be heard by the
Liquor License Authority Compliance Division per Section 3-1(7).
(c) Every agency offering a course of instruction approved by the local licensing
authority shall issue a certificate to those enrollees who successfully complete the
liquor educational seminar. The certificate shall be dated to show the date of
completion of the training and date of certificate expiration 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 the
theories and facts presented. No agency approved by the city council to provide
server training shall issue a certificate unless the person has actually attended the
course and achieved a reasonable mastery of the materials.
(f) At the time an applicant seeks issue, renewal or transfer of ownership, change of
location or change of corporate structure, the applicant shall submit to the city clerk
information as shall be required by the city clerk to prove that persons employed by
the applicant as servers and required to be certified under this section have
certificates in full force and effect. All licensees shall maintain a file of certificates
on all servers employed by the licensee and shall exhibit the copies of certificates
when requested to do so by the city clerk, the chief of police or other appropriate
official of the city. Failure to comply with this section shall be considered a violation
of a condition of issuance of a license and may be punished accordingly.
(a) Liquor License fees shall be set by the City Manager.

The following fees for liquor licenses shall be charged in the city:
License
Fee
Initial application
On or before July 1, 2008 .....$625.00
After July 1, 2008 and before July 2, 2009 .....750.00
After July 1, 2009 and before July 2, 2010 .....875.00
After July 2, 2010 .....1,000.00
Transfer of location
On or before July 1, 2008 .....625.00
After July 1, 2008 .....700.00
Change of ownership
On or before July 1, 2008 .....625.00
After July 1, 2008 .....700.00
Late renewal application .....500.00
Renewal application
Except that an expired license renewal fee shall not exceed $500.00, for a
renewal of a license the fee shall be:
On or before July 1, 2008 .....75.00

After July 1, 2008 .....100.00
Corporate report of changes .....100.00
Manager registration (H & R license only) .....75.00
Alcoholic beverages tasting permit .....100.00
Temporary permit .....100.00
Related facility (resort complex license only) .....100.00
Permits
Special events permits
Effective August 3, 2007 .....100.00
Art gallery permit .....103.75
Arts .....$41.25
Beer and wine .....48.75
Brew pub .....75.00
Club .....41.25
Hotel and restaurant .....75.00
Liquor licensed drugstore .....22.50
Racetrack .....75.00
Retail liquor store .....22.50
Tavern .....75.00
3.2% beer, on-premises .....3.75
3.2% beer, off-premises .....3.75
(3) An applicant for optional premises for a new hotel and restaurant license shall
identify the optional premises location as part of the hotel and restaurant
license application. An applicant for optional premises for an existing hotel and
restaurant license need only submit an application which conforms with the
requirements of this section. The application will be heard by the city council at
a regular meeting. No published public hearing is required.
(f) Hearing on application. A hearing on an application for an stand-alone optional
premises license, or an application for optional premises for a new hotel and
restaurant license, shall be scheduled in the same manner as for any other new
liquor license application, and the posting, publication and hearing requirements of
C.R.S. 12-47-136 311 shall apply. At the public hearing on any optional premises
application, the council will consider the criteria of C.R.S. 12-47-137(2)(a)
307(3)(a) and the standards in this section, and make findings as to whether the
applicant has complied with such criteria and these standards.
(c) Fees. The local liquor licensing authority fee for a bed and breakfast permit shall
annually be twenty-five dollars ($25.00) be set by the City Manager.
Section 7. This Ordinance shall take effect immediately upon the expiration of
five (5) days from and after its publication following final passage, as provided in
Section 7.6 (h) of the Steamboat Springs Home Rule Charter.
INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City

Council of the City of Steamboat Springs, at its regular meeting held on the 2nd day of
December, 2014.

ATTEST:
Julie Franklin, CMC

City Clerk
FINALLY
READ,
December, 2014.
PASSED
AND
APPROVED
this
16th

ATTEST:
Julie Franklin, CMC

City Clerk
day
of
MEMORANDUM
TO:
President, President Pro-Tem and Members of the City Council
THROUGH: Deb Hinsvark, City Manager

FROM:
John Overstreet, Director of Parks, Open Space & Recreation
DATE:
December 11, 2014
RE:
Parks and Recreation Commission Report
The Commission met for a regular meeting on December 10, 2014. Minutes for the
November 12th meeting were approved.
John Overstreet introduced Kyrill Kretzschmar, Recreation and Enterprise

Manager and Emily Hines, Marketing and Special Events Coordinator to the
Commission.
Winnie DelliQuadri asked the commission to appoint one person to be on the

2015 Community Survey committee. Doug Tumminello volunteered and he was
confirmed by the commission.
Gates Gooding came before the commission to ask for their endorsement for his
first steps in gaining rights to a land easement near the Spring Creek trailhead.
Mr. Gooding is purchasing land to eventually build on and would like to change
the current easement for the driveway, which he views as dangerous, to a 90
degree angle to the road, further down from the intersection at Amethyst which
would avoid a 5 way intersection. Mr. Gooding also pointed out that the current
easement would lead to the loss of 3 parking spots in an already busy parking
area. Mr. Gooding would also be willing to work with planning on creating a big
enough driveway that it could be used by the public for a safe turn around.
John Overstreet let the commission know that Craig Robinson, staff in planning
and the city attorneys office voiced no opposition to the proposal and the
Technical Advisory Committee (TAC) recommended it come before the
commission for review prior to going to City Council and planning department
administrative review. Commissioner Tumminello cautioned that while the
commission may not see anything wrong with the plan and they would endorse
it, he did not want their endorsement to mean they fully understood the project
and it was good to go, but rather that they as a commission agree the loss of
open space for the drive way is minimal and would be acceptable. Kara Stoller
made a motion to approve Mr. Goodings request to move the driveway access
easement up Spring Creek a little bit in regards to the impact it would have on
Open Space and a motion for staff to down the road when construction is
happening 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. Swiggart
would like to have his contract extended soon so that he and his staff can
continue to plan and move forward with the facility. The current contract
expires in October of 2015 but can be extended three years. Many members of
the Tennis and Pickleball Community were in attendance and came down to
speak 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, City Planner (Ext. 280)
THROUGH:
Tyler Gibbs AIA, Director of Planning and Community Development

(Ext. 244)
DATE:
December 16, 2014
ITEM:
Development Plan for Old Pilot Building- Lots 3-5, Block 32, Original
Town of Steamboat Springs, #DP-14-07
NEXT STEP:
If approved, a building permit can be applied for and the uses can
commence.
________________________________________________________
___ ORDINANCE
___ RESOLUTION
_X_ MOTION
___ DIRECTION
___ INFORMATION
________________________________________________________
PROJECT NAME: Old Pilot Building Conditional Use request #DP-14-07
PETITION:
A Conditional Use request to allow residential and office uses on

the street/pedestrian level in the Commercial Old Town (CO) zone
district and include residential, restaurant and office uses in
addition to the commercial retail use on the property.
LOCATION:
1025 Lincoln Ave.
APPLICANT:
Lakeside Landing LLC, c/o Jan Kaminski
PC ACTION:
On November 20, 2014 the Planning Commission voted 5-0

recommending approval of the application with conditions.
EXECUTIVE SUMMARY:
1. Background Information:
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 with the scale, character and streetscape of the
traditional downtown area of the city.
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. The front of the building along Lincoln will be divided into a
space for retail and a space for a restaurant use, potentially Taco Cabo.
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 specifics about the request and use
Planning Commission Discussion:
Planning Commission discussed the previous application on these properties, a
preliminary plat to create two lots, separating the building from the parking. The
preliminary plat is still active and viable, however it has not been finalized. The
approval of these uses and the associated conditions does not impact the future
development of the property and the approval is complimentary with the preliminary
plat application. Both projects could work in the future.
Public Comment:
No public comment was offered on this project at the hearing.
New Information:
At the hearing staff provided a parking analysis and review of the previous
subdivision materials. All information is included in this packet for City Council
review.
2. 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:
Conditions of Approval:
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
modifications sufficient 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).
3. Project Location Map
MF-3
MF3
4. Attachments
Attachment 1- Planning Commission report dated November 20, 2014
Attachment 2- Applicant Narrative
Attachment 3- Floor plan and Revised Site Plan

Attachment 4- Parking Analysis
Attachment 5- Preliminary Plat materials
Attachment 6- Draft PC minutes from November 20, 2014
Attachment 1
DEPARTMENT OF PLANNING AND COMMUNITY

DEVELOPMENT STAFF REPORT
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:
Request:
Project
Location
1025 Lincoln Ave
Lakeside Landing LLC

c/o Jan Kaminski
879-5764 X12
Steamboat Springs
A Conditional Use request to allow residential and office uses on the
street/pedestrian level in the Commercial Old Town (CO) zone district and
include residential, restaurant and office uses in addition to the commercial
retail use at 1025 Lincoln Ave.
Staff Report - Table of Contents
Section
I.
II
III.
IV.
V.
VI.
VII.
CDC Staff Analysis Summary

Project Location
Background
Project Description
Project Analysis
Staff Finding & Conditions
Attachments
Pg
1-2
1-2
1-3
1-3
1-4
1-6
1-7
Old Pilot Building- Lot 3-5, Block 32, Original Town of Steamboat Springs
1025 Lincoln Ave.; #DP-14-07
PC Hearing: 11/20/14
Staff Planner: Toby Stauffer
CC Hearing: 12/16/14
COMMUNITY DEVELOPMENT CODE (CDC) STAFF ANALYSIS SUMMARY
I.
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:
Subsection
Consistent
Yes
No
Notes
NA
1)
Compatibility with Community Plan 5
5
2)
Consistency with Surrounding Uses
5
3)
Minimize Adverse Impacts
5
4)
Access
5
5)
Minimize Environmental Impacts
5
6)
Phasing
5
7)
Compliance With Other Standards
5
8)
Variance Criteria
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 and include
residential, restaurant and office uses in addition to the commercial retail use at 1025 Lincoln
Ave., 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
Planning & Community Development Staff Report
Page 1-2
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 with
the 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 project
design 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. The
front of the building along Lincoln will be divided into a space for retail and a space for a
restaurant 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 MultiFamily 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:
x
x
x
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 in
the 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 to
allow 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 can
meet 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 specifics
about the request and use.
Page 1-3
V. PROJECT ANALYSIS
The following section provides staff analysis of the application as it relates to key sections of the
CDC. 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 and
requirements 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 the
community 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 Community
Plan 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 of
the 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 adverse
impacts 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 potential
disturbances. Impacts from proposed commercial uses should be minimal or similar to previous
Page 1-4
uses on the property, no new impacts are anticipated; however, the proposed uses will need to
mitigate any impacts and be in accordance with health codes and noise restrictions.
4.
Access:
Access to the site shall be adequate for the proposed development, considering the width,
grades, and capacities of adjacent streets and intersections and the entrance to the site. The
adequacy of the facilities provided for any necessary service delivery, parking and loading, and
trash removal shall also be considered. When appropriate, public transportation or other
public or private transportation services and appropriate pedestrian facilities shall be made
available to serve the use.
Staff Analysis: Consistent; Adequate access is available to the apartment and office via the
alley, with parking located on the alley and adjacent to the building on the west side. No new
parking is required for the proposed uses. Facilities and locations are provided for service
delivery and trash removal. Public transportation and pedestrian facilities are located at the front
of the building along Lincoln Ave.
5.
Minimize Environmental Impacts:
The proposed development shall minimize its adverse impacts on the natural environment,
including water quality, air quality, wildlife habitat, vegetation, wetlands, and natural
landforms.
Staff Analysis: Consistent; The proposed uses should not create any adverse impacts on the natural
environment. The building is in an urban, developed area, located outside of the 100-yr floodplain
for the Yampa River and is not adjacent to any tributaries.
6.
Phasing
Staff Analysis: NA; No phasing proposed
7.
Compliance with other Standards
The proposed development shall comply with all other applicable requirements of this CDC,
including article V, development standards.
Staff Analysis: Consistent. The intent and purpose of the CO zone district is to provide areas for
commercial development that are compatible with the traditional downtown area, including public
facilities and commercial retail on the pedestrian level and office and residential above or below
the street level. By maintaining viable restaurant and retail space along Lincoln, the proposed
residential unit and office are generally in compliance with the CDC and the intent of the CO zone
district.
In addition to criteria as listed above, the use needs to be consistent with development standards,
including, dumpster screening, site planning, lighting, snow storage complete streets, and parking.
The applicant has provided a site plan date 11.7.14 which addresses all comments and standards
and shows that the proposed uses can meet all standards with conditions of approval as listed
below.
The only standard which needs additional discussion in the staff report is parking. Parking for the
building is located adjacent to and behind the building. The spaces shown meet the parking
Page 1-5
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 or
separated 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 would
require the applicant to draft and record a legal document that would place restrictions on all lots
within 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 Steamboat
Springs..
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 modifications
sufficient 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
Page 1-6
Attachment 2
Attachment 3
184
.9
EXISTING SIDEWALK IN PUBLIC R.O.W.
LIN
FOUND 2 12" ALUMINUM

CAP MARKED "1' WC"
PLS 24318 ON #5 REBAR
S5
40
0'1
7"E
46
CO
EXISTING
FLAGPOLE
EXISTING
CURB STOP
WATER (INACTIVE)
.48
'
0' SETBACK FRONT & SIDE
E1
LO
T5
S5
40
0'1
7"E
EW
ON
BIKE RACK
81
40
1'
9.9
13
.0'
15
ST
SERVICE TO BE
ABANDONED
S5
35
SERVICE TO BE
ABANDONED
T2
LOADING
DOCK
SPACE
23
.0'
K3
.96
'
FOUND IRON
PIPE WITH NO
CAP
PROPERTY BOUNDARY
3' HIGH
FENCE
LO
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SERVICE TO BE
ABANDONED
9'2
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78
.42
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SITE PLAN
SEWER
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OC
49
OC
LO
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Steamboat Springs, Colorado
LO
WATER CURB
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FOUND REBAR
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CAP
0'1
1025 LINCOLN AVENUE
0'5
60
S3
S5
EXISTING OLD PILOT

OFFICE SUPPLY BLDG.
TENANT FINISH
6"W
T3
PILOT OFFICE SUPPLY BUILDING
9' X
OR Y SN
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'
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LINCOLN AVE.
100' RIGHT OF WAY
.9'
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EXTEND WATER SERVICE

SUPPLY LINE TO LINCOLN
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37
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'
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AND DISCONNECT
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LIGHT POLE
(TYP.)
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1419
jmk
jmk
09.18.14
10.03.14
10.31.14
11.07.14
SITE PLAN
SINGLE PHASE
TRANSFORMER
NEW ELECTRICAL
SERVICE
SCALE= 1"=10'
3 PHASE TRANSFORMER
10' SETBACK REAR

EXISTING
SEWER LINE
A2
4
A2.1
Steamboat Springs, Colorado
1025 LINCOLN AVENUE
10'-0"
8'-10"
6'-0"
7'-4"
3'-0"
3'-6"
TENANT FINISH
6'-0"
5'-8"
2'-2"
1'-4"
6
A.05
PILOT OFFICE SUPPLY BUILDING
6"
6"
6"
14'-2"
2'-2"
6"
6'-6"
3'-321"
A.05
1
8"
14'-2"
15'-2"
SITE PLAN
1419
jmk
jmk
09.18.14
10.03.14
10.31.14
11.07.14
Attachment 4
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:
x
x
x
x
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 the
residential 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 proposed
uses, the owners of Lots 3 & 4 will need to ensure adequate parking for their uses/tenants in the
future.
Additional information:
Proposed Parking, Use
Proposed Square Footage
Requirement per Section 26-139 CDC
1.5 spaces for the residence

1 space for the office
3 spaces for Taco Cabo
2 spaces for retail uses
558 SF/1 bedroom

320 SF
2,462 SF
1,618 SF total
1.5 spaces per one-bedroom in CO

1 space per 500 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 5
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8"
St
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May 2013
Legend
This data was prepared from publicly available information and should be used for
reference purposes only. Any other use or recompilation of this information is the sole
responsibility 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 any
flight 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 Steamboat
Springs expressly disclaims all liability regarding accuracy or completeness of this data.
Dr
ai
125
Feet
Document Path: C:\Users\tstauffer\Documents\Projects\PP\1025 lincoln\Exhibit.mxd
Attachment 6
STEAMBOAT SPRINGS PLANNING COMMISSION MINUTES
November 20, 2014
The regularly scheduled meeting of the Steamboat Springs Planning Commission was
called 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 were
Chair 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.
Planning Commission Minutes

11/20/14
Original Town of SS, B32, L3-5, (Old Pilot Bldg.) DP-14-07

Applicant:
Lakeside Landing, c/o: Jan Kaminski
Project Location:
1025 Lincoln Avenue
Type of Application: Development Plan
General Description: A conditional use request to change existing retail use to apartment,
restaurant and retail.
Project Planner:
Toby Stauffer, AICP, City Planner, (970) 871-8280,
Email: tstauffer@steamboatsprings.net
office,
Discussion on this agenda item started at approximately 5:01 p.m.

STAFF PRESENTATION
Toby Stauffer:
This property was previously the site of Steamboat Home, which was a consignment and
antique store; the zoning is CO; and the purpose of the district is generally to provide areas
for commercial development compatible with the scale, character and streetscape of the
downtown 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 office
will have separate entrances off of the alley, and the front of the building along Lincoln will
be divided into space for retail and space for a restaurant (potentially Taco Cabo.)
The CDC right now doesnt contain a definition that allows for one or two dwelling units in a
mixed-use projects, so thats something well be working on. But in 2009, we used the
multi-family definition to allow us to place one or two units ins a mixed-use building. Within
that multi-family definition, it does say that offices and residential units should not be
located on the pedestrian level, street or other public access frontage. The alley in this case
is the public access frontage. As those are uses with criteria, if they cant meet that criteria,
then they need to apply for a conditional use. Thats 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 restaurant
uses 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; we
found it to be consistent. The main thing we focused on with the community plan was that
the residential and office are going to be on the backside of the building, keeping the front
side (the Lincoln Ave side) active. Those passive uses are on the rear, so we feel that
meets the intent of the community plan in the CO zone district. We have advised the
applicant to minimize the impacts from the residence and office may feel from being close
to other commercial uses in the area to keep that consistent and viable for commercial in
the area. Weve encouraged them to buffer the construction of those uses from any impacts
they may have. This project is also in compliance with all of our other standards including
the development standards. The few things we looked at there were dumpster screening,
site planning, lighting, snow storage, complete streets and parking. Weve got a revised site
plan, which shows some additions to add some private space for the office and the
residence, shifting the dumpster and where the enclosure is going to be, providing loading
dock space and some walkways to allow access to those areas. That revised site plan
meets most of our comments there.
The one thing I have to add is the parking information I provided to you today. Parking for
the property: Theres 1.5 spaces needed for the residential unit, one space for the office,
2

11/20/14
three for the restaurant use and two for the retail uses. The property provides 18 spaces
initially; 16 after they added the dumpster area and the loading dock. So there are enough
spaces for the current and proposed uses. But those parking spaces are located on a
separate property. Weve got an 11x17 that shows the proposed subdivision plat that came
in for this property about 1.5-2 years ago. That was a preliminary plat, and it would put the
building onto whats shown as Lot 2 there and the parking on whats shown as Lot 1. That
preliminary plat was approved with conditions; it hasnt been completed yet; its also not
expired. So that would create two separate, viable lots, and it would put the parking onto a
lot that could eventually be developed. So weve suggested a condition of approval with this
application to ensure that the parking will continue with the uses and be evaluated at the
time of any redevelopment of that parking lot. The applicant has agreed to that. Theres
also another condition which talks about running a water line toward the front of the
building. That would be consistent with any potential subdivision. Theres a three quarter
inch water service thats nonconforming in a lot of ways. It crosses Lot 1 and would go to
Lot 2. So the water service for the building is not located on its current lot, which isnt
allowed by our current standards. That water line is also too shallow, too small and too
close to the sewer. Were not requiring that water line to be changed with these changes of
use, but we are requiring a stub for the future water if these were to be redeveloped. So as
theyre doing tenant finish, theyre 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 conditions
are 3 and 6, and they would be consistent with any proposed development and the current
preliminary plat we have on. Now it also works for the current building. Were
recommending 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 COMMISSIONERS
Commissioner 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 as
change the use? How would one affect the other? Or are they so separate staff will be
looking 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 were addressing, and the impacts from those uses with this application
and the subdivision can move forward. The conditions weve applied to the uses here
would be consistent with anything they did on that plat so long as they recorded some longterm agreements for the parking because that would much more formally separate that
parking lot. Right now, half the building and the parking is on one lot. Its still all under one
ownership, but that subdivision would really separate that out and make it a much more
developable parcel, which is the purpose of that subdivision. We may encourage that
someday. Im not sure if we want a parking lot in our downtown. Thats kind of a hole right
now on our main street. Thats a discussion we can have another time if that were to
3

11/20/14
redevelop. But it would make it a very valuable piece. I think they can both proceed
separately, and theyre 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: 5-0
Voting for approval of motion: Lacy, Buckley, MacArthur, Meyer and Burns

11/20/14
Mobile Food Unit Text Amendment: #TXT-14-04

STAFF PRESENTATION
Bob Keenan:
This project was tabled at last weeks 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 chance to 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 today strikes through some of the criteria that wouldnt be applicable to
review in a city park. As you know, we didnt craft the criteria with park use in
mind, but I think just by eliminating some of these that wouldnt 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, and that
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.
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 its just good for that season.
Lacy: So theyre not anticipating any of these during the winter season.
Keenan: I dont believe so because of their requirement that they review these in March for the upcoming
season. I dont believe that they do any winter programming. Not to say that they couldnt, but thats their
current practice as I understand it.
Commissioner Buckley moved to approve #TXT-14-04 as presented.
Commissioner Meyer seconded the motion.
VOTE
Vote: 5-0

11/20/14
Approval of Minutes
No Minutes to approve.
DIRECTORS REPORT
None.
Stauffer: We are going to have a policy worksession on Monday to review the
outdoor storage seating and display text amendment. Weve made some changes
that were sort of major from where we started. So were 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.
VOTE
Vote: 5-0
AGENDA ITEM #7.

FROM:
Bob Keenan, Senior Planner (Ext. 260)

Tyler Gibbs, AIA, Director of Planning and Community Development
(Ext. 244)
THROUGH:
Deb Hinsvark, City Manager, (Ext. 228)
DATE:
December 16, 2014
ITEM:
#TXT-14-04: Text Amendment - Mobile Food Units
NEXT STEP:
This is the 2nd and final reading. First reading of the ordinance was
on December 2, 2014.
_X
_
ORDINANCE
RESOLUTION
MOTION
DIRECTION
INFORMATION
PROJECT NAME:
#TXT-14-04: Text Amendment - Mobile Food Units
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 Tyler Gibbs, Planning Director, Centennial Hall,
124 10th Street, PO Box 775088, Steamboat Springs, CO 80477,
970-879-2060.
PC ACTION:
Planning Commission voted to approve on November 20, 2014; Vote:

5-0
Executive Summary
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 only stops 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.
Proposal
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 $500 application 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 Citys 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.
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 ordinance, attachment 5, for the proposed changes to the CDC.
Planning Commission Discussion
The Planning Commission held two hearings on this item: November 13th and November
20th.
The Planning Commission tabled this item at their November 13th meeting to provide
staff an opportunity to work with the Parks and Recreation staff to discuss the feasibility
of the Parks and Recreation Commission administering the proposed Mobile Food Unit
criteria when reviewing applications for food vending in City parks. Planning staff did
reach out to Parks and Recreation staff and they are supportive of this request. Parks
staff will make a recommendation regarding this criteria to the Parks and Recreation
Commission at a future meeting.
Other commissioner discussion included a few questions pertaining to the proposed
criteria.
Please see the attached meeting minutes for more information.

Public Comment
Public comment on this item was in person from Bob Samardzic and Cynthia Pougiales.
Both expressed their support for the proposed changes, among other comments.
There was no public comment at the 11/20/14 hearing.
Please see the attached 11/13/14 meeting minutes for more information.
Recommended Motion
On November 20, 2014, with a vote of 5-0, the Planning Commission recommended
approval of the Community Development Code Text Amendments, #TXT-14-04, to
remove food sales from the Outdoor Sales definition, to create a new use category and
definition for Mobile Food Units, and to remove any conflicting language.
List of attachments
Attachment
Attachment
Attachment
Attachment
Attachment
1
2
3
4
5
PC Staff Report
11/13/14 Draft PC Minutes
- 11/20/14 PC Memo
11/20/14 Draft PC Minutes
- Proposed Ordinance
Attachment 1
AGENDA ITEM # 3
PLANNING COMMISSION COMMUNICATION FORM
_______________________________________________________________________________
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 Commissions 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.

#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
Yes
No
NOTES
NA
1)
Compatibility with the community

5
plan.
5
2)
Error or goal/objective.
5
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 only
stops 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

November 13, 2014
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 is
compatible 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 is
maintained 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
T2NE
T3NG1
T3NG2
T4NC
T5TC
SD
Mobile vending
CR
CR
CR
CR
CR
CR
C
R
CR
CR
CR
CR
CR
CR
Outdoor sales
CR

November 13, 2014
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 $500
application 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 Citys 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:
x Outdoor Sales Definition Removing the food and beverage conflicting language
x Prohibited Signs Removing conflicting language regarding vehicle signage
x 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 Food
Unit 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. 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:
(1)
Compatible with the community plan. The amendment to the CDC is compatible
with and further the community plan's preferred direction and policies.

November 13, 2014
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.
x Supporting and maintaining the expansion of local businesses, Goal ED-2.
x Supporting opportunities to expand and increase the number of local
businesses in Steamboat Springs, Policy ED-2.1
x 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, required
Development 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 Amendment
2. Proposed Associated Amendments
3. Draft Submittal Requirements
Draft Proposed Amendment Mobile Food Unit

Use
Classification
and Specific
Principal Uses
OR
Mobile Food
Unit
RE
RN
RO
RR

MH
MF
G-1
G-2
CO
CY
CN
CC
CS
CR
CR
CR
CR
CR
CR CR
T2NE
T3NG1
T3NG2
T4NC
T5TC
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.
SD
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 Rightof-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. Mobile
vending does not include vendors operating food cartsmobile food units or other vehicles or
conveyances 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 to
use 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 of
conducting 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
Attachment 2
November 13, 2014
Chair 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 principal
planner Rebecca Bessey
_____________________________________________________________________
Mobile Food Unit Text Amendment TXT-14-04

Applicant:
Type of Application: A Text Amendment to the Community Development code.
General Description: A Text Amendment to the Community Development code to include a
new definition and use called Mobile Food Unit and to amend conflicting
language.
Project Planner:
Bob Keenan, AICP, CFM Senior Planner, (970) 871-8260,
Email: bkeenan@steamboatsprings.net
STAFF PRESENTATION
Bob 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 property
provided they meet the included criteria for approval. This would be a significant change to
the 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 a
development plan application, a $500 application fee, and hearings to planning commission
and city council. So its quite an expensive and time-consuming process compared to the
potential impacts that could be better addressed through criteria. Weve heard as much
from our applicants as we have from city council and I think from planning commission to a
certain extent. Weve seen half a dozen of these in the past two years I would say, and I
think theyve been appropriately located, but theyve all been approved. So it seemed like it
was 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 haphazard
review; it was whatever we thought the impacts might be. This way, we put in a little bit
more forethought about what those impacts might be, and weve tried to address those in
the use criteria. So this would be an administrative review, a $50 application fee, and it
would probably take a couple days for staff to review it and provide an approval or
comments.
Weve provided the criteria for approval. Currently, were going to stick to the same system
where any proposed food carts or food trucks that are located on city-owned open space or

11/13/2014
the open space recreation district continue to go through the parks and recreation
commission for approval. Other private open space in recreation zone district is going to
remain a conditional use so we can review those on a case-by-case basis. Were proposing
to allow food carts and food trucks administratively in all of our commercial districts. That
would 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.
Its 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 we
get down the line and tweak the criteria as necessary to ensure that were addressing any
potential conflicts that may arise though we dont really anticipate any. Were proposing
that only one food cart or truck would be allowed per property, and if we wanted to have
more than one per property, it would be appropriate to evaluate the impacts of clustering
food carts and food trucks through the conditional use process. Weve heard that that might
be an option that some business owners would like to pursue in the future, so that avenue
is available to them.
The mobile food unit shall not displace any required parking on the property. Well 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 rather
than required parking for another use on the property.
Weve also proposed to include just a little bit more robust design criteria for those types of
food carts that might want to operate in the CO district on Lincoln Ave. For example, theres
some grassy space between the right-of-way and Bank Of The West. If Bank Of The West
said they thought it was a good idea to have a food cart out in front of their property, we
would limit that to an unenclosed cart, so you couldnt pull up a big food truck van and park
that in front of the building on Lincoln Ave. It would be restricted to an unenclosed cart of
nine feet long, five wide and seven tall. Accessory items such as coolers, chairs and that
sort of thing would need to be somewhat screened from the public right-of-way so it doesnt
appear unsightly.
Theres other criteria that address operational characteristics. I want to note that weve had
two stakeholder group meetings. We presented a first draft to them and solicited feedback.
I think its been fairly well received. We held a second meeting because there have been
some changes since we initially had shown them the criteria; we added some criteria about
the CO zone district.
Weve got draft submittal requirements that include a detailed site plan to show where
theyre going to locate the cart, how theyre going to set up any tables and chairs, trash,
that sort of thing so that we get that captured on a site plan. Were going to hold them to
that configuration throughout the duration of their approval just so that if it starts to spill out
from the original site plan, we can reign that back in. It includes hours of operation, any
signage, any lighting that might be proposed. If this gets approved, well put together a fact
sheet that will list some other agencies that they would need to reach out to regarding this
type of use like environmental health, city sales tax, etc.
Burns: Bob, can you elaborate on #9: shall demonstrate the availability of parking in the
immediate area? Whats going to be the standard thats applied to that?

11/13/2014
Keenan: Theres going to be some discretion involved on staffs part, but the rationale
behind that standard is that if youre outside of one of our more pedestrian-oriented areas
such as the zone districts listed there, and say you locate on a vacant parcel maybe
between downtown and Anglers Drive, thats going to be an auto-oriented location as
theres not a whole lot of pedestrian activity. So we want to see how youre going to
accommodate parking to that use in a safe and legal manner. Well evaluate that on a
case-by-case basis.
Burns: So its more of a standard for you guys to evaluate safety and make sure
everythings accommodated with a set amount of parking spaces or whatever.
Keenan: Yeah, so were not creating a safety issue. We just wanted to make sure that was
covered, but I dont think its 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. Were still going to have an
outdoor sales category.
Keenan: Thats correct.
Meyer: It might be cleaner just to say Mobile Food Units because were not doing anything
else with outdoor sales, correct?
Keenan: Well, were removing
Lacy: Youre stripping it from that.
Keenan: So we need to change the outdoor sales definition to remove the food component.
Page 3.8 Im just noticing now should have included the strikethrough, so I apologize for
that.
Meyer: So you still think the title is correct for what were doing. I was just saying if we say
Mobile Food Units
Keenan: I would agree with that.
Meyer: Under Criteria #1A), the parks and rec commission approves food carts within our
parks and rec system. What do you do when you have somebody with a food cart who
wants to operate both within parks and rec or on a city street? Are we going to end up with
two sets of regulations/requirements? Doesnt it make sense somehow to have the parks
and rec commission also have to look at these criteria? There ought to be some
coordination, otherwise weve got two sets of criteria.
Keenan: Thats a valid point, and we did reach out to Ernie Jenkins over at Parks and
Recreation. They dont have any real criteria. I think they say youve got to power yourself

11/13/2014
you cant hook into the citys power, and you need to be located in a place where youre not
going to be an impact to the park. But aside from that, it didnt sound like they had any
other criteria.
Lacy: I guess Im a little confused too as to why theyd be exempt from these regulations.
Why wouldnt they be subject to these, and then if Parks and Rec had additional criteria
they wanted to place on these units, I dont think that would be a problem with us. It just
seems that for consistency it would be appropriate that any mobile food units within the city
should be meeting the bare minimum that were setting forth here.
Keenan: Yeah, I think we can do that. We havent approached Parks and Recreation with
that 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 youre in charge of regulating city parks. Well just let you continue to do that
and be separate from
Meyer: We dont know whether they know that were looking at this and why.
Keenan: We did bring it up to them that were making these changes, but it was under the
assumption that it wasnt going to have any impact to what they were doing. It may be fine
with them, but we just didnt have that discussion. So I dont know if this would negatively
impact how they do things. Maybe they would embrace it and be glad to have some
additional criteria.
Levy: I would suggest language that would make it a prerequisite: If the application
includes city-owned parks in the OR zone district, approval from Parks and Rec must be
obtained prior to city council and planning commission review. Thats how I would put it. I
have the same concerns. Theres a lot of things here that I want to make sure Parks and
Rec is not missing. A lot of times the parking that serves those properties are probably our
parking spots; the health department concerns; sales tax, etc. They need to be codified
unless
Keenan: We want to try and maybe move a little bit away from being the gatekeeper for
every other department or agency that has jurisdiction over this. Thats why we want to
create that fact sheet so that if Routt County Environmental Health moves to the city or
something like that, we dont need to change the code because of that name change. With
a fact sheet, we could just give people a heads-up on what other permits would be required
rather than trying to be the gatekeeper for all other permits throughout the area. On #3, one
mobile food unit per parcel, if it was a large park and they wanted to have a few of them
operate, then wed be going through the conditional use for that. Not that we couldnt
change that and rethink it in light of this: In city-owned parks, the number of operators shall
be limited based on parks and rec commission

11/13/2014
Meyer: What about a suggestion of adding a sentence that said: The parks and rec
commission shall review this and in their opinion they can waive one or more provisions if
theyre not applicable. Rather than trying to write a whole new set of well, make them go
through 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 its a one-time application this does not apply thats more of a special use
permit?
Meyer: Like for an event?
Keenan: If we codify this, we wouldnt do the temporary event route; we would have them
go through the mobile food unit route unless it was part of a larger event.
Lacy: Otherwise, why would they want to do temporary when its a $50 fee and they get a
full year of approval.
Keenan: When theres a $50 fee for a temporary event thats limited, yeah. We could table
this and have a conversation with parks and rec and get their feedback. I dont know if the
parks and rec commission is going to have a meeting between now and the 20th.
Meyer: They just had one last night.
Keenan: Maybe the staff would have an idea of whether that would be palatable. We might
only have to change #3. I havent 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 on
the 20th with a revised condition after having a chance to talk to those folks. Give you guys
some feedback on how receptive they are to that. Then we dont lose our spot with city
council.
Meyer: You did outreach to other user groups, so this clearly would be not only a user
group but a decision-making body. So I would think definitely they should be aware of this.
Keenan: I dont know if the Parks and Recreation Commission was aware of it. We did
reach out to parks and rec (department) to make sure about their process and letting them
know what were doing here. But we didnt think this would apply to them, so we didnt have
that part of the conversation.
Levy: My other concern would be especially if were talking about long term if parks and
rec started putting in food carts, weve talked about even competition. Even vacant lots
downtown might be concerned that all the food carts are just set up at Little Toots and
serve Yampa Street from there. I think the overall effect of this is much greater than what
we see parks and rec approving. Im still pretty stuck that they are just a prerequisite and

11/13/2014
that the application should still be coming through the city. I dont know whether we pass it
and see what they say in between here and city council. I know some of the potential
applicants have been waiting a long time for this already. Its 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 is
definitely the way we want to go with this. I just think weve 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 a
notice standpoint, we dont have an issue there. I would feel better with just making sure
that we close this last loop.
Levy: In the past, we had talked about applicants not being able to store overnight. Weve
removed that requirement?
Keenan: We have.
Levy: I find mobile vending and mobile food units to be a little confusing in names. I thought
temporary food unit made more sense. Theyre not mobile. They may sit there forever. So I
had a little trouble with the confusion. It took me a couple reads to determine that those are
two different uses now. On Criteria #7: location on the lot must be situated to avoid
adverse impacts to adjacent properties. What adverse impacts are we talking about? Can
that be more clarified to be noise, parking, garbage? I assume thats what we intend, but
that criteria is kind of loose in my mind.
Lacy: The way its written, to me it could be interpreted to mean any adverse impact
regardless of the impact, whether its a really big impact or something more trivial. So did
you guys talk any about that whether you would have said more significant adverse impacts
or anything like that?
Keenan: That kind of stems from when we were talking about should these meet building
setbacks. Planning commission made a recommendation that maybe it should be reviewed
on a case-by-case basis. Staff should have some discretion as to where this is going to be
located on the lot. But yeah, it was more of if you have a huge lot, why are you going to put
it right next to your neighbor and blow hot dog fumes into their window when you could
have moved it over here. I think maybe there is an opportunity to clarify that a little bit more
if thats a concern.
Levy: Its talking about the location of the unit, so if you move it from one side of the
property to the other, it probably wouldnt economically affect a neighboring property. I have
no 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 bit
better about it.
Commissioners agreed.

11/13/2014
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? Thats
what it says, but when you spoke you said for one calendar year. So it is January 1 through
December 31 for the calendar year.
Keenan: Yeah.
Levy: And if they cant meet any of these other criteria, they can still come through under
conditional use.
Keenan: Thats right.
MacArthur: If we table this tonight, we will still be able to make the same projected council
date, correct?
Keenan: Were 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 normal
industry standards could be interpreted to mean?
Keenan: Yes and no. It definitely crossed my mind when I put it in there and we discussed
it as staff. I think normal industry standards to seek approval from an environmental health
department are going to require in itself a level of investment in these things to where its
going to be very difficult for somebody to slap some plywood together and a couple wheels
on it and pull it behind them and sling some hot dogs out of it. I also found this criteria in
Boise or Denvers city code. I think it at least gives us some discretion to not allow blatantly
obvious ones that are clearly you hold up something you can buy from a retailer that sells
these things to what theyre doing. If theres some grey area, then maybe were in a pickle.
But I dont really see that as being an issue.
Just thinking about the parks and recreation thing a little bit more: We have this outdoor
sales requirement that wasnt specific about how this dealt with city-owned park land. They
havent been coming through the conditional use process to do those types of uses on the
park lands. They also have t-shirt sales for Triple Crown and other types of sales that they
regulate through parks and rec. I just wanted to talk a little bit more about how weve done
this in the past and what theyre doing currently. Another avenue would be to rather than
have them administer this criteria, we have the land use authority to require it in an open
space recreation zone district. So we could require this in addition to them going through
the parks and recreation commission.
Meyer: You pointed out earlier that the planning department does not want to be
gatekeeper, and yet in many situations, you are, and you have to interface with other
departments whether they be Fire, Public Works, etc. So it would seem to me that these
ought to be in one place or the other. That would be the most straightforward. Im not
looking for us to have any more meetings. The goal of this is to have it done
administratively. So I guess the biggest question to you is do you feel is it the parks and

11/13/2014
rec commission or the department thats really approving these food carts if theyre on city
property?
Keenan: Theyre going through the parks and rec commission for approval.
Lacy: But they would not be coming through us; they would just be coming through you
administratively if we put these criteria in place.
Keenan: In addition to the parks and rec commission.
Meyer: Im not looking to take over something that theyre already doing, but there needs to
be somebody thats 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 week
from today?
Keenan: I dont. I feel confident that Id be able to reach Ernie or John or Craig. Some
representative there Id imagine Id be able to reach. Whether theyd need more time to
think about it, I dont know. I could come back with a little bit more, or I could have some
significant information for you.
MacArthur: While city government differentiates a bit between parks and rec versus none, I
dont know that the general public does. I would think that for instance the restaurant
owners on Yampa Street would have a pretty legitimate concern if all of a sudden, at
Howelsen Park, parks and rec commission approved a large mobile food unit cluster
completely absent to any of these criteria. So I think there is a legitimate reason for criteria
to 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 and
rec commissions approval was a prerequisite to staff approval. But Id like to see it tabled.
The commission agreed with the addition that parks and rec commission approval could
come 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 we
really appreciate you guys making the moves on this. I think this is really going to help a lot
of small business owners. Its not the easiest process to go through to do it under the
conditional use. So I think with the trend in mobile food and food trucks and the way all that
is going that this is a positive thing for small business and for Steamboat.
Cynthia Pougiales, 24 Maple Street:

11/13/2014
Im owner of Skull Creek Greek. Ive been working with Bob, and we appreciate the
interaction of being able to collaborate with staff on simplifying this code. Im very alarmed
to hear about the tabling. I wish there was more understanding and that there was more
cooperation up in front. I dont know what has happened, but we aggressively are pursuing
to 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 why
dont you just go find a space. This process of mobile food units is much too difficult to even
pursue. So I got the place, but you know how businesses in town tend to do well and then
nose dive. Were not like Bend, Oregon where were always on. So in order to survive, Im
back to doing the mobile food unit. I need to get the business that is up at the ski area that
doesnt know about downtown. So Im changing my business model to do that. I found this
very cool sheepherders wagon. I want to play cultural diversity. Im into heritage tourism.
This is one of your main priorities in the subarea plan for the mountain is to increase the
western heritage. Whats happening is Ski Corp has gobbled up a significant amount of that
property, and they are kind of keeping it to themselves. Same thing with Torian, too.
Everybody up there is struggling, and the reason Im 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. Ive
already talked to John Overstreet about the mobile food vending. The reality of getting a
mobile food unit onto private property is far more difficult than anything that you guys are
doing 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 public
right-of-ways where theres a cluster of mobile food units that can all go out there together
and sell and increase vitality in an otherwise blighted or devastated area. So thats going to
be Bobs next task, and he was going to talk to you about that. So Im asking for some
aggressive attention and cooperation, even though it seems like a little thing. Were just
little business owners, and were trying to survive here. So Ive already got approval from
environmental health and a sales tax license. Im working with vending for an open space,
and thats a whole separate thing. Once we get approval on the actual structure and the
location, thats kind of separate. Thats really standard what Bob has done. So what were
looking to do is just have you guys move through that and to like I was trying to explain to
Bob, these are the criteria checklist, but its up to open space to say can I vend at the ski
tournament or over at the ski jumping tournament. This is not a permanent location. What
hes doing is something totally different. Hes issuing a permit for a year at a single location
by a single individual. So what you guys are thinking is the next chapter or its separate.
Thats the way Im reading it. Does that make sense to you, kind of? Its a separate thing.
I also approached URAAC because their mission if you look at the bylaws is to promote
economic development. They want absolutely no commercial on that 20-foot-wide
promenade, and Im just asking why. If you go there in the summer or even the winter, as
far as affordable food, diversity, vitality and all that, thats kind of lacking.
So Im just asking you guys if we could identify the public right-of-way locations where
individuals or trucks could go, such as Third and Lincoln. Its the gateway to downtown
where that building is under basically condemnation. So if we could put on the agenda
URAACs promenade to kind of relax that to allow food trucks, talk about affordable food
when you guys are talking about affordable housing, and as a priority to talk to the private
owners at the ski base area to go under the umbrella of cooperation, which was supposed

11/13/2014
to be a priority under their subarea plan. But I really appreciate Bob and the staff and the
hard work that they do. We really want to have the sheepherders wagon out and about.
Commissioner Levy moved to table #TXT-14-04 to the November 20 meeting.
VOTE
Vote: 5-0
Voting for approval of motion: Lacy, Levy, MacArthur, Meyer and Burns, MacArthur, Meyer
and Burns
10
Attachment 3
DEPARTMENT OF PLANNING AND COMMUNITY

DEVELOPMENT
MEMORANDUM
______________________________________________________________________
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 for
the 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 addition
to 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 1st
shall be valid through the following calendar year.
3. No more than 1 mobile food unit shall be allowed per lot or parcel at one
time.

4. Shall not be located in sensitive environmental areas such as wetlands or
floodways.
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.
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.
standards.
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 Rightof-Way or public trail/sidewalk easement.
Attachment 4
November 20, 2014
Chair 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 weeks 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 chance
to 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 today
strikes through some of the criteria that wouldnt be applicable to review in a city park. As you
know, we didnt craft the criteria with park use in mind, but I think just by eliminating some of
these that wouldnt 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, and
that 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.
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 its just good for that
season.
Lacy: So theyre not anticipating any of these during the winter season.
Keenan: I dont believe so because of their requirement that they review these in March for the
upcoming season. I dont believe that they do any winter programming. Not to say that they
couldnt, but thats their current practice as I understand it.

11/20/2014
Commissioner Buckley moved to approve #TXT-14-04 as presented.
Commissioner Meyer seconded the motion.
VOTE
Vote: 5-0

11/20/2014
Approval of Minutes
No Minutes to approve.
DIRECTORS REPORT
None.
Stauffer: We are going to have a policy worksession on Monday to review the outdoor storage
seating and display text amendment. Weve made some changes that were sort of major from where
we started. So were hopefully going to move it forward in the adoption process for DecemberJanuary.
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

ORDINANCE NO. _____
AN ORDINANCE TO AMEND SECTION 26-92, USE CLASSIFICATIONS;
AMEND SECTION 26-402, DEFINITIONS AND USE CRITERIA; AMEND
SECTION 26-222, PROHIBITED SIGNS (MOBILE FOOD UNITS).
WHEREAS, the City Council adopted the revised Community Development Code
as Ordinance #1802 on July 23, 2001; and
WHEREAS, the City of Steamboat Springs is committed to a regular, ongoing
review of the Community Development Code so that the provisions contained therein
are relevant and applicable to the community at any given point in time; and
WHEREAS, the City Council has recognized the importance of a streamlined and
efficient development review process; and
WHEREAS, the City Council has found it appropriate to provide a level of
development review that is commensurate with the potential impact to the community;
and
NOW, THEREFORE, the City Council of the City of Steamboat Springs ordains as
follows:
SECTION 1
New language in bold and old language in strikethrough.
Section 26-92. Use Classifications
Use
OR RE RN RO RR MH MF G- GClassification
1 2
and Specific
Principal Uses
Mobile Food C
Unit
CO CY CN CC CS I
C CR CR CR CR CR CR CR
SECTION 2
T2- T3- T3- T4- T5- SD

NE NG1 NG2 NC TC
CR
Section 26-402. Definitions 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.
3. No more than 1 mobile food unit shall be allowed per lot or parcel at
one time.
4. Shall not be located in sensitive environmental areas such as wetlands
or floodways.
7. Location of the unit on a lot must be situated to minimize 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 for all 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.
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.
standards.
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 vending. means SSelling 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 places access which is in continuous circulation except when
conducting business, serving customers. Mobile vending does not include vendors
operating food carts mobile food units or other vehicles or conveyances that operate
or solicit business from a fixed location or series of fixed locations. (Refer to outdoor
sales mobile food unit 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 is compatible 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 is maintained by the director of planning and community development.
Outdoor sales. Sales and vending of merchandise, food, or beverages produce, 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.
SECTION 3
26-222. Prohibited Signs
(a)(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 to use 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 purpose of conducting business in a manner in which the
vehicle was designed.
SECTION 4
All ordinances heretofore passed and adopted by the City Council of the City of Steamboat
Springs, Colorado, are hereby repealed to the extent that said ordinances, or parts,
thereof, are in conflict herewith.
SECTION 5
If any section, subsection, clause, phrase or provision of this Ordinance is, or the
application thereof to any person or circumstance, shall to any extent, be held by a court
of competent jurisdiction to be invalid, void or unconstitutional, the remaining sections,
subsections, 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 way be affected,
impaired or invalidated.
SECTION 6
The City Council hereby finds, determines and declares that this Ordinance is necessary
for the immediate preservation of the public peace, health and safety.
SECTION 7
This Ordinance shall take effect immediately upon the expiration of five (5) days from and
after its publication following final passage, as provided in Section 7.6 (h) of the
Steamboat Springs Home Rule Charter.
INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City

Council of the City of Steamboat Springs, at its regular meeting held on the 2nd day of
December, 2014.

ATTEST:
Julie Franklin, CMC

City Clerk
FINALLY READ, PASSED AND APPROVED this16th day of December , 2014.

ATTEST:
Julie Franklin, CMC

City Clerk
AGENDA ITEM #8
Scott L. Ford
City Council Report
For December 16, 2014
Wednesday, December 3rd
Summer Marketing Committee
This was the Marketing Committees 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.
M acys CouncilR eport12.11.14

In m y lastreport,Iforgotto m ention the m eeting with the H um ane Society (H S).Ijoined Scott
Ford forthatand waspleased to hearthatthe City/H S m eetingshave taken on a m ore collegialand
collaborative tone.Ilook forward to a positive resolution forthe benefitofthe com m unity.
CO N G RATU LATIO N S to Leadership Steam boatand ALL ofthe non-profitswho participated in
Colorado G ivesD ay!$370,974 isno sm allsum to raise.Thanksto the generoussupportersofthis
event.
O n saving m oney,notraising it,check outthe investm entofSSSD in reducing energy use & costs.
N ice work!Looking forward to seeing the City chip away atthe ~700k-~800k we spend on
electricity each year. http://www.steam boattoday.com /news/2014/dec/09/steam boat-springsschool-district-com pletes-278-m i/.Also see the attached Yam pa Valley Sustainability Councilreport
on the topic.
The Colorado M unicipalLeague (CM L)Policy Com m ittee m eton 12.5.14.There w as a
CM L socialthe evening before.
From the social:
FEIengineershad greatthingsto say aboutworking with Chuck and G ilberton a

prelim inary energy assessm entofthe W astewaterTreatm entPlant.Lookslike theirFREE
assessm entfound between $20,000-$30,000 in savings/year.
M any otherM ountain Town elected officials(and CM L em ployees)read ournewspaper

online to see whatthiscouncilisdoing.W hen Iasked abouttheirexperience with that,they
used wordslike unruly and wild west to describe us.
From the Policy Com m ittee M eeting:

N atalie M ullis,ChiefEconom istforthe Colorado Legislative Councilgave an intriguing update
aboutthe econom y (these are the bestoftim es) .and a few em erging issuesthattem perthat
enthusiasm (TABO R refundsand structuralproblem s).The PowerPointisincluded here.
The action item s m ostrelevantto Steam boatSprings include:
1. Affordable H ousing:D ivision ofH ousing BudgetLine Item
The D ivision of H ousing in the D epartm ent of LocalAffairs is requesting an increase of
$3.42 m illion G eneral Fund per year to develop 300 additional affordable rental housing
units and provide 200 rentalvouchers forseniors and persons with disabilities.Atproposed
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. StaffR ecom m endation:Support.Lobbyist:M eghan D ollar
1
Policy Com m ittee Recom m endation:SU PPO R T

There wasdiscussion thatD O LA had notdecided where these 300 unitswould be built.M ight
Steam boatSpringsbe interested?
1. Lottery:Conservation T rustFund
Currently, the funding from the Conservation Trust Fund is distributed by a form ula in
C.R.S.29-21-101 (2)(a)(II).Itstates thateach city and town is appropriated funds based on
their population size within the county.For specialdistricts within m unicipalities,it is one
half the percentage based on population,that a city or town receives.The population of a
city outside ofa specialdistrictisnottaken into accountin the specialdistrictsshare ofCTF
funds.Recently,a legislatorhas raised concerns thatm unicipalities located com pletely within
a specialdistrictm ay notneed the fundsorm ay notbe using them correctly.These concerns
m ay have been raised one specialdistrict.Asa result,legislation m ay be soughtto change the
form ula to distribute CTF funding.CM L staffinform ed the legislatorthatm unicipalities use
this m oney far beyond parks and recreation, and are capable of m aking these decisions
within their com m unity.At this tim e,there is not draft legislation,but staff recom m ended
opposition to redistribution of CTF m onies. Staff recom m endation: O ppose. Lobbyist:
M eghan D ollar
Policy Com m ittee Recom m endation:O PPO SE

W e use thisfunding source fora num berofprojectsthatbenefitourP & R.K im W ebercan
provide m ore detailifyou need it
1. U rban R enew al:M andated revenue sharing
CM L adopted a position during the lastlegislative session to oppose legislation thatreduces
the effective use of tax increm ent financing for urban renewal projects. W hen CM L
representativesrequested CCIssupportofthe Leaguescom prom ise urban renew legislation
(an update willbe provided to the com m ittee),we were subsequently told that m andated
revenue sharing is CCIs num ber one priority on this issue and thatCCI is likely to oppose
CM Ls bill. G iven that, staff expects to see legislation that includes m andated revenue
sharing. If so, the position from last session is proposed to be continued forward. Staff
recom m endation:O ppose.Lobbyist:M ark Radtke
Policy Com m ittee Recom m endation:O PPO SE

2. W ater& W astew ater:W aterConservation & Land U se Planning
Efforts to work toward a reasonable com prom ise on legislation thatprovides com m unities
with additionaltools for planning has led to proposed com prom ise on an am endm entto an
interim com m ittee billslated for introduction in January.Sen.Ellen Roberts (R-D urango)
gained approval from the W ater Resources Review Com m ittee earlier in the year for
2
legislation encouraging water conservation.The senator worked with CM L staff over the
interim on am endm ent language that would fulfillher goalof incentivizing good land use
planning by m unicipalities and counties by linking planning education to waterconservation
plans.As discussion progressed,the resultis language thatcreates new,optionaltraining by
the Colorado W ater Conservation Board (in consultation with D O LA) and includes the
integration ofwaterdem and m anagem entand conservation into the waterconservation plan
required to be filed with CW CB at least every seven years.Staff believes this a reasonable
com prom ise thatdem onstrates m unicipalcom m itm entto good land use planning and water
m anagem ent,providestraining to those thatwantit,and doesnotunnecessarily tie stringsto
state grantsand loans.Staffrecom m endation:Support.Lobbyist:Kevin Bommer

3. W ater& W astew ater:Storm w aterM anagem entand W aterR ights
Recently,the State Engineerhas indicated thatstorm waterfacilities thatdetain waterforthe
purpose of preventing destructive high flows and release of pollutants will require every
facility to obtain a watercourtdecree foran augm entation plan.The decision isbased on the
notion thatdetained wateris ata basic level equates to waterbeing taken outofpriority
and that the augm entation plan would m ake 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 m any storm waterfacilitieshave been specifically constructed under
that prem ise. The curve ball from the State Engineer threatens the ability of regional
storm waterfacilities to m anage storm waterto protectpublic health and safety as required by
state and federallaw.Legislation m ay be introduced during the 2015 session to clarify that
this vitaland protective activity should notbe subjectto controlof the State Engineer and
the water court process, so long as the storm water is detained on long enough to avoid
dam aging flow rate and is not subject to any intervening use. Staff recom m endation:
Support.Lobbyist:Kevin Bommer

M etw ith the m unicipalutility advisory com m ittee on 12.914.M inutes can be provided once
they are com plete.H ow everthere w ere a few item s thatw e should D ISCU SS:
1. The firstisthatthe Cen$ible energy program ism oving forward.The city provided seed
m oney to getthisstarted.Itis,essentially,a rebate program .The city m oney hasbeen m uch
m ore than twice by YVEA.They have created a website,logo,and othercollateralm aterials.
The question isdoesthe city wantto have itslogo on the m aterialsco-brand with YVEA.
Seem svery consistentwith ourgoalofsustainability and greatbang forourbuck.
2. Also from the com m ittee m eeting,there isan opportunity foradditionalparking in
downtown.The loton 10th St.acrossthe streetfrom YVEA willeventually be sold with the
building.H owever,there isabouta yearleeway between the tim e thatthe developerwilltake
3
ownership ofthatsite and now.Ithink we should have a discussion asto whetherornot

thisparking lotcould resolve som e ofthe parking issuesthatwe have identified.Should the
city wish to lease itfrom YVEA,we would have to assum e liability and also take care of
snowplowing.Iwould like forthe Councilto discussitso thatwe can provide direction to
staffaboutwhetherornotitisworth m oving forward on.
Im etwith the citizen who isinterested in purchasing the Iron H orse.H e had requested and secured
inform ation from the City aboutthe appraisal,the survey,and otherrelevantm aterials.H isquestion
to m e was,Isthe Iron H orse forsale? Isit?
Pro cycling challenge.Iam thrilled thatwe going to getthe Challenge back!Congratulationsto all
who worked hard on this.Itwasunfortunate thatwe were only invited to the breakfastwhere the
announcem entwould be about12 hoursbefore and only with the prom ise offree food,no m ention
ofthe challenge.Itwould be greatifcouncilm em berswho are serving on these com m ittees,and
presum ably in the loop aboutthese typesofeventswould m ake the restofthe councilaware.AsI
travelto otherm unicipalitiesIconsistently see elected officialsateventsofcom m unity im portance.
Itwould be nice ifwe had thatsam e sortofrepresentation here.
Attachment 1
Colorado Economy and

State Budget Outlook
COLORADO
MUNICIPAL LEAGUE
December 5, 2014
Natalie Mullis
Chief Economist
Colorado Legislative Council Staff
www.colorado.gov\lcs
Natalie.Mullis@state.co.us
303-866-4778
Economic Outlook: Summer is on its way

The Private Sector is Rebounding
Business & manufacturing doing well

labor market improving
housing market in recovery
Households and banks are in better
financial shape
Global economy improving slowly
Biggest Concerns:
Oil prices?
Unwrapping the Money Supply
Annualized Percent Change

-6
-10
-5.4
-8
Source: U.S. Bureau of Economic Analysis.
2012
Fiscal Cliff
-2.1
0
0.1
2.9
4.6
4.6
3.9
4.5
3.5
2.7
1.8
2.3
1.6
2.5
0.8
3.9
3.9
2.7
2.5
1.7
1.3
2.0
-1.5
-0.5
-1.9
-2
-8.2
-4
3.1
2.7
1.4
-2.7
2
0.2
Gross Domestic Product
Early 2014
Bad Weather
Employment: Colorado Outpacing U.S.

112
108
Colorado
106
104
102
Nation
100
98
96
Source: U.S. Bureau of Labor Statistics. Seasonally adjusted three-month moving averages.
U.S. data through October 2014. Colorado data through September 2014.
July 2014
July 2013
July 2012
July 2011
July 2010
July 2009
July 2008
July 2007
July 2006
July 2005
July 2004
July 2003
July 2002
94
July 2001
Index January 2001 = 100
110
Colorado Sales Taxes Doing Well
Billions of Dollars
Annualized Colorado
State Sales Tax Collections
$2.50
$2.25
$2.00
$1.75
$1.50
Source: Colorado State Controllers Office and Department of Revenue. Data through August 2014.
Federal Reserve Assets & Core Inflation
Core Inflation - Excludes Food & Energy

(Left Axis)
$3
3.0%
Mortgage-backed
Securities
$2
2.0%
Loans
Liquidity Swaps
with Foreign Central Banks
$1
U.S. Treasury
Securities
0.0%
2013
2010
2009
2008
2007
2006
2005
2004
2003
Source: Federal Open Market Committee and U.S. Bureau of Labor Statistics.
2012
Other Assets
$0
1.0%
Core U.S. Inflation Rate
4.0%
2011
Trillions of Dollars
$4
Sources of State Revenue

FY 2011-12 Total Revenue $25.5 Billion
Other Taxes, Other
2.6%
Revenue,
Excise
0.8%
Taxes, 1.2%
TransportationRelated, 13.0%
Resource Extraction,
2.5%
General Fund
$7.7 Billion
Sales and
Use, 29.6%
Hospital Provider
Fee, 6.3%
State
Education
Fund, 4.4%
Other, 26.4%
Limited Gaming,
1.1%
Higher
State Lottery,
Education,
5.4%
36.3%
Unemployment
Cash Funds
Insurance, 4.4%
$9.3 Billion
Workers
Compensation, 0.3%
Federal
$8.4 Billion
Other
8.6%
Income
Taxes,
65.8%
Corrections
0.1%
Education
7.4%
Higher
Education
14.43%
Labor
12.2%
Trans.
7.6%
Health
Care
30.2%
Source: Colorado State Controllers Office.
Judicial,
0.1%
Human
Services,
17.9%
General Fund Revenue Outlook

General
Fund
Source: Colorado State Controllers Office, LCS and OSPB projections based on the September 2014 forecast.
FY 2014-15 General Fund Budget

Human
Services
9%
General
Fund
Health Care
25%
Other
7%
K-12
Education
38%
FY 2014-15 General Fund

Operating Budget
$8.9 billion
Judicial
5% Corrections
8%
Higher
Education
8%
School Finance
$8
Billions of Dollars
$7
$6
$5
$1.0 Billion
factor
$130M
rescission
$5.6
$381M
factor
$774M
factor
$5.4
-$145 million
$4
$894M
factor
$5.3
$5.5
Local
Share
$5.9
$5.2
-$210 million
$3
State
Share
Negative Factor
$2
Total Program
(About 2/3
State Share)
$1
$0
FY09-10
(Actual)
FY10-11
(Actual)
FY11-12
(Actual)
FY12-13
(Actual)
FY13-14
FY14-15
(Actual) (Budgeted)
Source: Joint Budget Committee, Legislative Council Staff, and Governors Office of Stat Planning and Budgeting.
Per Pupil Funding

$7,021
$6,652
Source: Joint Budget Committee and Legislative Council Staff.
$6,479
$5,000
$6,474
$5,500
$6,813
$6,874
$6,359
$6,000
$6,661
$6,500
$7,077
$7,000
Amount Required to Maintain

$894M Factor and $400M SEF Reserve
Assumes
Legislative
Council Staff
September
Forecast
Source: Legislative Council Staff.
Higher Education
$2.5
Billions of Dollars
Academic Fees
$2.0
Nonresident
Tuition
$1.5
Resident
Tuition
$1.0
$0.5
$0.0
Source: Joint Budget Committee Staff.
ARRA
Tobacco/Gaming/
Other
General Fund
Colorado State Budget

Caseload Growth & the General Fund Budget
360
Medicaid Caseload
State Share School Finance
Index FY 01 = 100
310
Higher Education Enrollment

Inflation
260
CO Population
K-12 Enrollment
210
General Fund Operating Appropriations

General Fund Revenue
160
110
60
FY
01
FY
02
FY
03
FY
04
FY
05
FY
06
FY
07
FY
08
FY
09
FY
10
FY
11
FY
12
FY
13
Sources: Colorado Department of Education, U.S. Census Bureau, & Bureau of Labor Statistics, and JBC Staff.
FY
14
Demographics Matter
During the next 15 years, the aging of the population will:
Change the housing mix, likely dampening growth in housing
values and the property tax base;
Change income and spending patterns, likely dampening
growth in the income and sales tax bases; and
Increase demand for government services, applying further
budget pressure on governments.
The economy is still recovering and must work through debt
and imbalances before growing again at potential.
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 communicated to voters for a
specific ballot measure
Proposition AA Marijuana Taxes
One year only: FY 2014-15
TABOR Voter-Approval Requirements

New tax or rate
increase; a tax
policy change
resulting in a
net revenue
gain.
Retain revenue
from existing
sources above
the TABOR
limit.
Increase
Taxes
Retain
Surplus
Revenue
Weaken
Existing
Limits
Increase
Debt
Multi-year
bonded debt for
infrastructure
projects.
TABORs Election Provisions

and Proprosition AA
TABORs Election Provisions

and Proprosition AA
September 2014 Expectations:

FY Spending: $12.22 billion
+ $137.6 million
New Taxes:
$30.5 million
TABOR and Referendum C

$14
$12
Referendum C Cap
Bars Show Revenue
Subject to TABOR
$10
Original TABOR Limit
$8
$6
Referendum C
Timeout Period
$4
$2
$0
*Legislative Council Staff September 2014 forecast.

Source: Colorado State Controllers Office and Legislative Council Staff.
TABOR Spending Limit

TABOR Limit
Previous fiscal years spending grown by inflation & population growth
+ Voter-approved revenue changes
Referendum C Cap
Highest revenue retained during five-year timeout period
Previous fiscal years cap grown by inflation and population growth
Millions of Dollars
TABOR Refund Outlook

FY 2015-16 Surplus ($125 million):
Set Aside in FY 2015-16 Budget;
Refunded in FY 2016-17 and
Income Tax Year 2016
$400
Sales Tax Refund: $169.3 million

Estimated amount per taxpayer /A
First 35%: $36
Next 27%: $48
Next 17%: $55
Next 9%: $65
Next 4%: $70
Last 7%: $113
$300
$200
Sales Tax Refund

$35.8 million
$11 per taxpayer
$100
$0
FY 2016-17 Surplus ($393 million):

Set Aside in FY 2016-17 Budget;
Refunded in FY 2017-18 and
Income Tax Year 2017
Earned Income Tax Credit

$89.3 million
Permanent in tax year 2017
Source: Legislative Council Staff September 2014 forecast.
Income Tax Rate Cut

From 4.63% to 4.50%
$223.3 million
What Revenue is Subject to TABOR?

General Fund
Revenue
(Subject to TABOR)
Sales & Use

Taxes
Corporate
Income Tax
Insurance Taxes
All Other
FY 2012-13
TABOR Exempt
Revenue
(Includes Cash
Funds Also)
Individual
Income Tax
General Fund
29%
Regulatory
Agencies
Gaming Revenue
Severance Tax
Federal
Funds
TABOR-Exempt
62%
All Other
Hospital Provider
Fee
Cash
Funds
9%
TransportationRelated
Cash Funds
Revenue
(Subject to TABOR)
Source: Colorado State Controllers Office, TABOR Schedule of Computations for FY 2012-13.
Enterprises
All Other
Revenue
Revenue Limit: TABOR

Revenue Subject to TABOR and Total Revenue
Billions of Dollars
$35
$30
Total Revenue
$25
Surplus Refunded
$20
$15
Voter-Approved
Revenue
(Includes Ref. C)
$10
$5
2011-12
2009-10
2007-08
2005-06
2003-04
2001-02
1999-00
1997-98
1995-96
1993-94
$0
Source: Colorado State Controllers Office, TABOR Schedule of Computations.
Revenue Under
Original TABOR
Limit
Attachment 2
Issue 3 Fall 2014

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 ready to measure energy savings

The $2.8 million in upgrades to Steamboat Springs School District in-town facilities
SSSD energy performance highlights:
completed this summer and fall should save the district more than $200,000 in utility
and operational costs annually.
x $2.8 million in maintenance
Pascal Ginesta, SSSD facilities manager, explained the work was completed via an
and energy-efficiency
energy performance contract between the district and Kansas-based company Navitas.
upgrades completed
The plan allowed necessary maintenance and energy saving work to be completed
x More than 5,800 bulbs
through upfront funding by Navitas to be repaid by the district across 20 years of energy
updated to energy-efficient
versions
savings.
x More than 200 thermostats
Ginesta is enthusiastic about lighting retrofits that included a change to LED bulbs
controllable remotely via an
for the exterior of all buildings and upgrades to more efficient, electronic T-8 or high
energy management system
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
than 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
sensors, excluding some large areas such as gyms, libraries, computer labs and bus maintenance bays.
Its more efficient, brighter lighting for a much better learning environment, and we wont have to replace
bulbs or ballasts for five or six years, Ginesta said.
Another significant accomplishment slated for completion by Christmas break is all HVAC systems in district
buildings can be monitored and controlled remotely by the facilities department. Heat in buildings can be turned
down 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
energy use and costs. Unless evening events are scheduled, building temperatures will drop an average of 6 degrees
at 5 p.m.
In spring 2014, the district leadership and Navitas conducted building energy audits to review utilities and
infrastructure. Subcontractors were hired to replace inefficient boilers at the district office; replace boilers, valve
components 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
system was added for heaters that warm the diesel school bus engines on cold days.
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.
Keep in touch with YVSC Sustainable Schools efforts, volunteers, issues and recommended resources by joining the Google-plus sharing page.
For more information, contact schools@yvsc.org.
SS FALL2014NEWS pg 2
Yampatika environmental literacy reaches across county

Lessons taught by the local nonprofit environmental education organization Yampatika will
almost double this school year for kindergarten through fifth grade classes across Routt County.
Thanks in part to an $84,000 grant from the U.S. Environmental Protection Agency,
Yampatika naturalists will teach a three-lesson curriculum for elementary students in the public
schools in Hayden, Steamboat Springs, and south and north Routt County reaching students in
76 classrooms.
The environmental literacy lesson topics by grade levels include: Kindergarten-Exploring
Nature: Science and Imagination; First-Birds and Adaptations; Second-Subnivean Zones:
Mystery Ecosystems; Third-Landforms and Local Geology; Fourth-Community Choices: Role
Playing for a Wind Farm; and Fifth-Our Choices for Energy.
The goal at Yampatika is to supplement and coordinate with classroom lessons. Teachers
who have not yet signed for the free Yampatika lessons can email info@yampatika.org to be
forwarded an AppointmentPlus scheduling link.
Aquaponics growing at Steamboat Mountain School

At Steamboat Mountain School, Nikki
Durkan's Advanced Placement environmental
science students recently set up a vertical
growing system in the schools new
greenhouse, which was built earlier this year
by students and teachers in the Sustainable
Agriculture Program. The towers were hung
from an old bed frame, and irrigation lines
were created from repurposed tubing
connected to a donated aquaponics tank.
The students plan to test which plant
varieties grow and taste best and are designing
experiments to test water quality, fish species
and pest management.
Soda Creek defends Energy Challenge title

Soda Creek Elementary worked this fall to defend its two-time title for the
Take Charge Energy Challenge.
During the fourth annual energy-saving challenge, five schools in the
Steamboat Springs School District competed to see who could reduce their
electricity use by the most kilowatt-hours during the last two weeks of
November. This years challenge was moved to the fall (instead of the spring as
in past three years) in order for students and staff to solidify good energy-saving
habits all school year.
The YVSC Sustainable Schools program has fostered the challenge since
early 2012 by providing educational presentations to staff and students about
energy conservation as well as supplying power strips and savings checklists.
The prized Energy Cup trophy resided at Soda Creek for two years thanks to
the efforts of staff and students. Crucial to the winning team were the Energy Ninjas, a group of stealthy fifth-grade Green
Team students who visited empty classrooms to turn off such things as computer monitors or to leave encouraging notes.
During past contests, combined efforts helped the school district save up to $3,000 on energy bills in two weeks.
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 huge
success.
There are two Tower Gardens already in the district,
located at Steamboat Springs Middle School.
10 Reasons to start a Tower Garden

x
x
x
x
x
x
x
x
x
x
Costs $1.50 a day for 1 year, then its yours for 10-20
years
Made with food grade plastic (wont 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 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
Get Involved in Sustainable Schools

Student, staff, teacher, parent and community support and partnerships are always welcome at Sustainable
Schools. To learn more, contact Sarah Jones at schools@yvsc.org or 970-871-9299 ext. 101.
Walter Magill
Council Report December 12, 2014
1. Pine Grove and US 40 Intersection Can we get an explanation and possible modification to the
left turn red/green arrow on US 40 going east?
2. Are the downtown parking hours of enforcement going to be modified? With new hours 11:00
a.m. to 8:00 p.m.? Is the City still pursuing the license plate reading vehicle?
3. Is the City planning on charging for the hanging and removal of banners on 3rd and 11th streets in
2015?
AGENDA ITEM #9a1.

*****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. 2015-01
TUESDAY, JANUARY 6, 2015
5:00 P.M.
MEETING LOCATION:

MEETING PROCEDURE: Comments from the Public are welcome at two

different times during the course of the meeting: 1) Comments no longer than
three (3) minutes on items not scheduled on the Agenda will be heard under
Public Comment; and 2) Comments no longer than three (3) minutes on all
scheduled public hearing items will be heard following the presentation by Staff
or the Petitioner. Please wait until you are recognized by the Council President.
With the exception of subjects brought up during Public Comment, on which no
action will be taken or a decision made, the City Council may take action on, and
may 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 Councils goal to adjourn all meetings by 10:00 p.m.
A City Council meeting packet is available for public review in the lobby of City
Hall, 137 10th Street, Steamboat Springs, CO, or on our website at
http://steamboatsprings.net/city_council/council_meetings. The e-packet is
typically available by 1pm on the Friday before the meeting.
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.
A.
ROLL CALL
Liquor Licensing Authority Meeting after roll call the City Council will
adjourn and reconvene in their capacity as the Steamboat Springs
Liquor Licensing Authority and follow the attached Liquor Licensing
Authority agenda.

At the conclusion of the Steamboat Springs Liquor License Authority

Meeting, the City Council will reconvene as the Steamboat Springs City
Council and proceed with the following agenda:
B.
PROCLAMATIONS
1.
Howelsen Hill 100th. (DelliQuadri)
_________________________________________________________________
C.

2.
3.
D.
Future of the Iron Horse. (Small)

Sustainability Update. (Earp)
CONSENT
CALENDAR:
MOTIONS,
ORDINANCES FIRST READINGS
RESOLUTIONS
AND
ITEMS ON THE CONSENT CALENDAR GENERALLY REQUIRE LITTLE COUNCIL DELIBERATION AND
MAY BE APPROVED WITH A SINGLE MOTION. ANY MEMBER OF THE COUNCIL OR THE PUBLIC
MAY WITHDRAW ANY ITEM FROM THE CONSENT CALENDAR FOR FURTHER DISCUSSION AT ANY
TIME PRIOR TO APPROVAL.
E.

THE CITY COUNCIL PRESIDENT OR PRESIDENT PRO-TEM WILL READ EACH ORDINANCE TITLE
INTO THE RECORD. PUBLIC COMMENT WILL BE PROVIDED FOR EVERY ORDINANCE.
4.
F.
SECOND READING OF ORDINANCE: Amending the Wildlife

proof container regulations. (Stabile/Earp)
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.
________________________________________________________________________

H.
I.

DELIBERATION AND MAY BE APPROVED WITH A SINGLE MOTION. A CITY COUNCIL MEMBER
MAY REQUEST AN ITEM(S) BE REMOVED FROM THE CONSENT CALENDAR FOR FURTHER
DISCUSSION. ALL ORDINANCES APPROVED BY CONSENT SHALL BE READ INTO THE
RECORD BY TITLE.
J.
5.
FIRST
READING
OF
ORDINANCE:
storage/seating/display text amendment. (Stauffer)
Outdoor
6.
PROJECT: DP-14-09 Alpenglow Condos Units C4 & C5.

(Bessey)
PETITION: Conditional use to locate office use (brokerage and
financial services) on the pedestrian level.
LOCATION: 601 Lincoln Avenue.
APPLICANT: Alpenglow, LLC.
PLANNING COMMISSION VOTE: Will be heard by Planning
Commission on December 11, 2014.

x Presentation by the Petitioner (estimated at 15 minutes). Petitioner
to state name and residence address/location.
x Presentation by the Opposition. Same guidelines as above.
x Public Comment by individuals (not to exceed 3 minutes).
Individuals to state name and residence address/location.
x City staff to provide a response.
K.
REPORTS
7.
City Council
8.
Reports
a.
Agenda Review (Franklin):
1.) Regular Meeting January 20, 2015.
2.) Regular Meeting February 3, 2015.

9.
L.
OLD BUSINESS
10.
M.
Staff Reports
a.
City Attorneys Update/Report. (Lettunich)
b.
City Managers Report: Ongoing Projects. (Hinsvark)
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.
ADJOURNMENT
BY:
JULIE FRANKLIN, CMC

CITY CLERK
AGENDA ITEM #9a2.


AGENDA
REGULAR MEETING NO. 2015-02
TUESDAY, JANUARY 20, 2015
5:00 P.M.
MEETING LOCATION:

MEETING PROCEDURE: Comments from the Public are welcome at two

different times during the course of the meeting: 1) Comments no longer than
three (3) minutes on items not scheduled on the Agenda will be heard under
Public Comment; and 2) Comments no longer than three (3) minutes on all
scheduled public hearing items will be heard following the presentation by Staff
or the Petitioner. Please wait until you are recognized by the Council President.
With the exception of subjects brought up during Public Comment, on which no
action will be taken or a decision made, the City Council may take action on, and
may 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 Councils goal to adjourn all meetings by 10:00 p.m.
A City Council meeting packet is available for public review in the lobby of City
Hall, 137 10th Street, Steamboat Springs, CO, or on our website at
http://steamboatsprings.net/city_council/council_meetings. The e-packet is
typically available by 1pm on the Friday before the meeting.
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.
A.
ROLL CALL
________________________________________________
B.
PROCLAMATIONS
_________________________________________________________________

C.

1.
2.
D.
URA Discussion. (Earp/Gibbs)

Update
and
Direction
on
(Gibbs/Peasley)
CONSENT
CALENDAR:
MOTIONS,
ORDINANCES FIRST READINGS
Affordable
Housing.
RESOLUTIONS
AND
ITEMS ON THE CONSENT CALENDAR GENERALLY REQUIRE LITTLE COUNCIL DELIBERATION AND
MAY BE APPROVED WITH A SINGLE MOTION. ANY MEMBER OF THE COUNCIL OR THE PUBLIC
MAY WITHDRAW ANY ITEM FROM THE CONSENT CALENDAR FOR FURTHER DISCUSSION AT ANY
TIME PRIOR TO APPROVAL.
E.
3.
RESOLUTION:
4.
FIRST READING OF ORDINANCE:

THE CITY COUNCIL PRESIDENT OR PRESIDENT PRO-TEM WILL READ EACH ORDINANCE TITLE
INTO THE RECORD. PUBLIC COMMENT WILL BE PROVIDED FOR EVERY ORDINANCE.
5.
F.
SECOND READING OF ORDINANCE:
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.
________________________________________________________________________
H.
I.

DELIBERATION AND MAY BE APPROVED WITH A SINGLE MOTION. A CITY COUNCIL MEMBER
MAY REQUEST AN ITEM(S) BE REMOVED FROM THE CONSENT CALENDAR FOR FURTHER
DISCUSSION. ALL ORDINANCES APPROVED BY CONSENT SHALL BE READ INTO THE
RECORD BY TITLE.

6.
PROJECT:
PETITION:
LOCATION:
APPLICANT:
PLANNING COMMISSION VOTE:
____________________________________________________
J.

x Presentation by the Petitioner (estimated at 15 minutes). Petitioner
to state name and residence address/location.
x Presentation by the Opposition. Same guidelines as above.
x Public Comment by individuals (not to exceed 3 minutes).
Individuals to state name and residence address/location.
x City staff to provide a response.
7.
K.
L.
SECOND READING OF ORDINANCE:
REPORTS
8.
City Council
9.
Reports
a.
Agenda Review (Franklin):
1.)
Regular meeting February 3, 2015.
2.)
Regular meeting February 17, 2015.
10.
Staff Reports
a.
City Attorneys Update/Report. (Lettunich)
b.
City Managers Report: Ongoing Projects. (Hinsvark)
ADJOURNMENT
BY:
JULIE FRANKLIN, CMC

CITY CLERK
AGENDA ITEM #10
STAFF REPORTS:
a) City Attorneys Update/Report. The above is a discussion item
b) City Managers Report: Ongoing Projects. Report to follow this page
AGENDA ITEM #10b.

City Manager Report
December 16, 2014
x
Susan Mizen from Horizons called this week to thank our grant staff for the passthrough grant we obtained on their behalf. Horizons Soda Creek Apartments, who
used the grant, are featured in this months HomeLink Magazine. The apartments are
designed to meet requirements of the EPAs 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 States 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 to
shelter the taxpayers 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 the
program, 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 CMCs 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 Citys Economic Development budget. Per Councils 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 years winner called the contest phenomenal, per Scotts
article. Mr. Lauter went on to explain the value of having experienced businessmen
2|Page
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from SCORE judge them and provide feedback in the process. I continue to believe this
program meets Councils 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 Commissions Enforcement Division
announced the Municipalities Continuing Disclosure Cooperative initiative that gave
municipal 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 Caseys Pond.
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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 well need to plan for major repairs.
Attached to this report is a flyer from Tyler Gibbs announcing the ULIs 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 a
Certified 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 others 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.
Attachment 1
For Mana
agers Repo
ort
Urban La
and Institutte Conferen
nce in Steam
mboat
ULI Colorados Reso
ort, Entertain
nment, Tourism and Leissure (RTEL) Product Co
ouncil is com
ming
th
th
to Steam
mboat for their semi-annu
ual meeting on January 11 13 . This is a grroup that wa
as
specifically formed to
o generate more
m
engage
ement with m
mountain com
mmunities. They have
invited City Council, Planning Bo
oard and staff to sit in an
nd/or suggesst some loca
al topics on w
which
we mightt like some input.
Their Announcementt and Draft Agenda
A
is as
s follows:
t
in res
sort development are em
merging in C
Colorado. As a member o
of the RETL
Exciting trends
Product Council,
C
join
n your fellow members and ULI Colo
orado for an evening + d
day Winter
Symposium Sunday,, January 11 Tuesday,, January 13
3.
Come an
nd hear from
m presenters such as:
Chris Dia
amond, Stea
amboat Ski Corporation
C
Bill Wenk
k, Wenk and
d Associates
s
Tyler Gib
bbs, City of Steamboat
S
James Chung,
C
Reach Consultan
nts
Ford Fric
ck, BBC Res
search and Consulting
C
Many oth
hers to be co
onfirmed!
Symposium will also include a to
our of Marabou Ranch a secluded developmen
nt surrounde
ed by
1,717 acres of picturresque ranch
h land and open
o
space, with just 62 custom rancch homestea
ads.
We will also
a
receive an on-moun
ntain presenttation featurring some off the industryys top leade
ers
discussin
ng recent pro
ojects in Collorado.
Sunday January 11
5:00 pm 9:00 pm
Co
ocktail Recep
ption and Din
nal)
nner (option
Monday January 12
2
7:30 9:00
9:00 10
0:30
10:30 12:30
1
12:30 2:00
2
2:30 4:30
5:00 7:00 pm
Bre
eakfast with Introduction
ns
Ch
hris Diamond
d and Bill We
enk
Shuttle Tour off Town Ho
owelsen Hill, Yampa Stre
eet, Lincoln
Avenue with Ty
yler Gibbs
Lunch at Marabou - Trend s James C
Chung and F
Ford Fricke
Ma
arabou overv
view and tou
ur - Jim DeFrancia, Robe
ert Fitzgerald
Shuttle Bus Ba
ack to Hotel
nner (included)
Co
ocktail Recep
ption and Din
Tuesday
y January 13
3
7:30 8:00
8:00 9:30
9:30 12
2:30
12:30 2:00
2
Bre
eakfast
Inte
ernational Trends - Chriis Dunn
Skiing / Riding
Lunch at top off mountain w
w/ keynote sspeakers

City Council Agenda For Tuesday, December 16

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CITY OF STEAMBOAT SPRINGS

Citizens Meeting Room, Centennial Hall;

ROLL CALL (5:00 PM)

COMMUNITY REPORTS/CITY COUNCIL DISCUSSION TOPIC:

CONSENT CALENDAR: MOTIONS, RESOLUTIONS AND ORDINANCES FIRST

1. RESOLUTION: A resolution acknowledging the appointment of a

5. SECOND READING OF ORDINANCE: An ordinance amending Chapter

PARKS AND RECREATION COMMISSION REPORT

6. PROJECT: DP-14-07. Original Town of Steamboat Springs Block 32

Presentation by the Petitioner (estimated at 15 minutes). Petitioner to state name and

7. SECOND READING OF ORDINANCE: An ordinance to amend Section

a. Agenda Review: (Franklin)

JULIE FRANKLIN, CMC

AGENDA ITEM #1.

Kim Weber, Finance Director (ext. 250)

Deb Hinsvark, City Manager (ext. 240)

December 16, 2014

A RESOLUTION ACKNOWLEDGING THE APPOINTMENT OF A

CONFLICTS OR ENVIRONMENTAL ISSUES:

SUMMARY AND ALTERNATIVES:

CITY OF STEAMBOAT SPRINGS, COLORADO

AGENDA ITEM #2.

Winnie DelliQuadri, Govt Programs Mgr (Ext. 257)

Debra Hinsvark, City Manager (Ext. 240)

December 16, 2014

Appointment of Trustees to the East Routt Library Board.

Motion to approve a resolution appointing trustees to the

Motion to approve a resolution appointing trustees to the East Routt Library

CONFLICTS OR ENVIRONMENTAL ISSUES:

None at this time.

SUMMARY AND ALTERNATIVES:

2. Resolution appointing Trustees to the East Routt Library District Board

CITY OF STEAMBOAT SPRINGS, COLORADO

PASSED, ADOPTED AND APPROVED this 16th day of December, 2014.

AGENDA ITEM #3.

Anne Small, Director of General Services (Ext. 249)

Deb Hinsvark, City Manager (Ext. 240)

December 16, 2014

A RESOLUTION ADOPTING AND ENTERING INTO THE TRUST

Sign and submit the agreement to the Trust.

Annual insurance premium:

Fire Department operating budget

CONFLICTS OR ENVIRONMENTAL ISSUES:

SUMMARY AND ALTERNATIVES:

Council may opt to:

CITY OF STEAMBOAT SPRINGS, COLORADO

PASSES, ADOPTED AND APPROVED this 16th day of December, 2014.

Bart Kounovsky, President

Julie Franklin, CMC

DUTIES OF TRUST COMMITTEE ....................................................................................................... 7

TRUSTEES AND SUCCESSOR TRUSTEES ........................................................................................ 3

ESTABLISHMENT OF THE TRUST..................................................................................................... 3

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

INVESTMENT OF TRUST ASSETS ...................................................................................................... 8

GENERAL INVESTMENT POWER/INVESTMENT FUNDS. ........................................................................................... 8

POWERS OF TRUST COMMITTEE................................................................................................... 10

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

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

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

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

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

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

CFHTRUST IGA 11/2014 R5