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MINUTES CITY OF GLENWOOD SPRINGS REGULAR CITY COUNCIL MEETING SEPTEMBER 3, 2009 101 W. 8TH STREET 7:00 P.M. 11:30 a.m. - Executive Session to Discuss the Purchase, Acquisition, Lease, Transfer or Sale of Property; Determining Positions Relative to Matters that May be Subject to Negotiations, Developing Strategy for Negotiations, and Instructing Negotiators; and to Conduct a Conference with the City Attorney for the Purpose of Receiving Legal Advice in Accordance with C.R.S. 24-6-402(4)(a), (b) and (e). PRESENT: COUNCIL MEMBERS PRESENT: Mayor Pro-Tem Dave Sturges Stephen Bershenyi, Matthew Steckler, Shelley Kaup, Russ Arensman, and Leo McKinney. Mayor Bruce Christensen Jeff Hecksel, City Manager and Jan Shute, City Attorney.

COUNCIL MEMBERS ABSENT: ALSO PRESENT:

Councilor Kaup moved, seconded by Councilor Bershenyi, to go into executive session for the purpose of conducting a conference with the City Manager and City Attorney to discuss the City's purchase, acquisition, lease, transfer or sale of real property; and determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators; and to conduct a conference with the City Attorney to receive legal advice in accordance with C.R.S. 24-6402(4)(a), (b) and (e). No Council Member has a personal interest in the property acquisition or sale. The motion passed unanimously by voice vote. At 12:56 p.m., Mayor Pro-Tem Sturges announced that, during the previous executive session, no resolution, rules, regulation, ordinance or formal action was taken or made. The hour being 12:56 p.m., and there being no further business, the regular meeting of the City Council on this 3rd day of September, 2009, is hereby recessed until 7:00 p.m.

At 7:00 p.m.: PRESENT: COUNCIL MEMBERS PRESENT: Mayor Pro-Tem Dave Sturges Stephen Bershenyi, Matthew Steckler, Shelley Kaup, Russ Arensman, and Leo McKinney. Mayor Bruce Christensen Jeff Hecksel, City Manager; Jan Shute, City Attorney; Robin Unsworth, City Clerk; and Andrew McGregor, Director of Community Development.

COUNCIL MEMBERS ABSENT: ALSO PRESENT:

ITEM NO. 2

Pledge of Allegiance.

Mayor Pro-Tem Dave Sturges led the Pledge of Allegiance. ITEM NO. 3 Citizens Appearing Before Council.

Mary Noone, Glenwood Springs Summer of Jazz, provided Council with copies of their budget and a list of the sponsors. She stated they spent $10,000 less than last year, but are still in the hole. She requested $19,000 in additional money from the Discretionary Funds to complete the 2009 season.

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Bob Noone, Glenwood Springs Summer of Jazz, said they anticipated reduced revenues and cut their budget accordingly, but were still victims of the economic pressures. They need support from City Council to keep Summer of Jazz alive. Marianne Virgilli, President and CEO Glenwood Springs Chamber Resort Association, said she discovered from Robin Unsworth, City Clerk, that next year will be Glenwood's 125th anniversary. It will not only be the theme for Strawberry Days, but for the entire year with different celebrations throughout the year. ITEM NO. 4 Comments From Council.

Councilor Arensman noted that the road to Cardinell Ranch is taking shape, but there is no indication that the trail is being re-established. Jeff Hecksel said he would check into it. Councilor Bershenyi suggested that Council take a tour of the site. Mayor Pro-Tem Dave Sturges remarked that Friday will be the second City Furlough Day. It may be an inconvenience for some citizens, but hopefully they can plan around it. Staff is available for emergencies. This is not a paid day off, the employees are making a financial sacrifice and he appreciates the employees' efforts. ITEM NO. 5 A. B. Consent Agenda: Receipt of Minutes of the August 6, 2009 Regular Meeting Approval of Change Orders: (1) 27th Street and Midland Ave. Roundabout (2) Extend Concrete Pavement from the West End of the Sunlight Bridge to the Edge of the New Roundabout at 27th and Midland. (3) Midland Trails

Councilor Arensman moved, seconded by Councilor Steckler, to approve the consent agenda. The motion passed unanimously by voice vote. ITEM NO. 6 Discussion and/or Action on Recommendation from the Financial Advisory Board Regarding Award of Tourism Fund and Discretionary Grant Monies.

Councilor Steckler stated that the FAB recommended that the request from the Downtown Car show be granted since it has been granted in prior years and has proven to be very successful. This is for 2009. The Post Independent requested funds for a permanent plastic placard inside news boxes for tourism marketing information. Councilor Arensman asked if the Summer of Jazz had appeared before the Financial Advisory Board for additional funds. Councilor Steckler replied that they had not. Councilor Bershenyi asked the balance of the two funds. Jeff Hecksel responded that, assuming these awards are made, the remaining balance of both funds is $18,746 with the bulk being in the Discretionary Grant Fund. Summer of Jazz is requesting $19,000. Councilor Steckler moved, seconded by Councilor Bershenyi to adopt the recommendation from the Finance Advisory Board to pay $1,000 to the Downtown Car Show and $418.24 to the Glenwood Post Independent placard project. Council registered their votes on the electronic lighting system. The motion passed unanimously.

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ITEM NO. 7

Discussion of Open House Signs.

Jeff Hecksel said this has been discussed a couple times and Council has received the ordinances from Breckenridge and Vail. Sarah Thorsteinson, Government Affairs Director for the Glenwood Springs Board of Realtors, thanked Council for continuing this discussion. Their basic request is for 3 directional open house signs to be placed 1 hour before the open house and removed within 1 hour after. All signs would be removed by 8:00 p.m. Their goal is to bring buyers and sellers together to get the market moving since real estate accounts for one-third of the area's revenue. She is also the Government Affairs Director for realtors in Steamboat Springs, Eagle and Summit Counties. Vail and Breckenridge passed the same ordinance earlier in the year and everyone has been very proactive. The Town of Breckenridge's Planning Staff said this ordinance has not cost them anything and they are very happy with the policy. She asked Council to move ahead with allowing Open House Signs and allow the realtors to work with the planning staff for an amicable resolution. Mayor Pro-Tem Sturges asked what Vail's response to their request was. Ms. Thorsteinson replied that two years ago they said no, but last year, with the market downturn, they approved it. Their Code Enforcement staff said there has been full compliance. The Town of Steamboat Springs wants to change their sign code so they brought it to the realtors. Councilor McKinney asked how they know that Open House Signs help sell houses. Ms. Thorsteinson responded that the National Association of Realtors' study showed that 40% of people attending Open Houses bought a home. Councilor Kaup noted that Breckenridge restricts the location of signs in certain parts of town. Would that happen on Grand Avenue? Nancy Carlson, Mason & Morse, answered that if there are no signs to an Open House, then people get lost. Councilor Arensman said the sign code hasn't changed for many years, so why is this just becoming a problem. Ms. Carlson replied she didn't know, but that it was a recent problem. Councilor Steckler asked why they would start self-policing now when they haven't in the past. Ms. Carlson said the signs are expensive and she would pick them up rather than have them confiscated. Other towns have given them a trial year and she would like Glenwood to give them the same opportunity to police themselves. Councilor McKinney said if they give the Realtors preferential treatment, then it opens the door for other types of signs. Ms. Carlson replied they should then enforce the Code when it comes to sandwich boards or community action signs. She did not know Open House Signs were not allowed until her daughter's signs were confiscated. Councilor Kaup asked staff about the exemption in the Code for real estate signs. Jan Shute said the real estate signs are For Sale signs on private property and limits the size, shape and what is contained on signs on private property. The Open House signs are being requested for placement in the right-of-way which is prohibited under the Sign Code. Andrew McGregor added that there are provisions for signs in the Public Right-of-Way that requires a Special Use Permit and a License to Encroach. It's cumbersome and not pragmatic for this type of application. Councilor Kaup said selling property and homes is different than other retail sales. It affects the community differently. She is not in favor of doing it like Breckenridge's complex provisions, but if there was a simple way she would be in favor.

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Councilor Steckler said there have been comments that this would favor the real estate industry, but no other industry is being hurt. Real estate is a large component of the economy and has a multiplier effect. He supports the proposed ordinance. Councilor McKinney repeated that if they do it for this industry then it opens the door for other industries. Councilor Bershenyi said he would like to hear the Police Chief's perspective. Chief Wilson said he has collected signs for many, many years. This group will not leave their signs when they are finished with a function because they are sales tools and worth money to them. His concern is with yard sale signs. If there are variations to the current Code he wants to be able to enforce it consistently and be able to explain the changes. They prefer to educate people rather than issuing summons when a violation occurs. Councilor Steckler moved, seconded by Councilor Kaup, to direct staff to prepare a draft ordinance that is amendable to staff and addresses the concerns of this group. Councilor Arensman said there should be a consideration for setting a precedent. There are a lot of realtors from outside Glenwood that will not know about the Sign Code and won't be self-policing. Councilor Steckler asked Chief Wilson how many signs he would have if they go with the realtors desires. Chief Wilson answered, there would probably be none from the in-area realtors, but they might get a few from those outside of town. Mayor Pro-Tem Sturges said he would support the motion for a limited time or trial period. He would like a presentation on the effectiveness of directional signs. How other sign violations are dealt with is a bigger issue. Council registered their votes on the electronic lighting system. The results were: AYES: NAYS: The motion passed. Jan Shute stated that any proposed ordinance amending the Sign Code would first have to go through the Planning and Zoning Commission so it won't come back to Council for several months. ITEM NO. 8 Discussion and/or Action on Ordinance No. 17, Series of 2009; An Ordinance of the City of Glenwood Springs, Colorado, Zoning Two Parcels of Land Recently Annexed to the City of Glenwood Springs (Chatfield Ranch) (FIRST READING) Arensman, Sturges, Kaup, Steckler and Bershenyi McKinney

Andrew McGregor stated that 95 acres of mixed terrain was annexed to house the new Wastewater Treatment Facility. There is extensive river frontage, but there is no access to it across the Union Pacific mainline. The Planning and Zoning Commission came up with Hillside Preservation District for the steep hillside and I/1General Industrial District for the remainder. Councilor Bershenyi asked if Hillside Preservation zoning precludes any use of the flat portion from the river access. Andrew McGregor said public parks, agriculture, forestry and single-family residences are allowed, but it is fairly restricted. Councilor Bershenyi asked if it was too late for open space to be incorporated into the Comprehensive Plan. Andrew McGregor stated that it was definitely not too late. Councilor Kaup asked if there were plans for a river trail west of the Midland Bridge. Andrew McGregor said LOVA looked at both sides of the river and the Union Pacific line creates problems on the south.

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Councilor Kaup moved, seconded by Councilor Bershenyi, to approve the recommended zoning for both properties because it complies with the Comprehensive Plan, the Development Code and other City goals and policies; and adopt Ordinance No. 17, Series of 2009. Council registered their votes on the electronic lighting system. The motion passed unanimously. ITEM NO. 9 A. Report From City Administration: City Manager (1) Vendors' Fee (2) EHOP (3) 9-17-09 Draft Agenda

Jeff Hecksel brought Council's attention to the two memos from Department Heads which will come up for discussion when the budget is presented, probably at the first meeting in October. Councilor Arensman asked if it was premature to ask if there was money for the home ownership program. Jeff Hecksel said Staff is trying to figure out how to replenish that bank. He is happy it has been so successful and that people have taken advantage of the program to get into homes. It is a critical component for workforce housing. Councilor Arensman said he was disappointed that more homes weren't in Glenwood. Jeff Hecksel stated that price is a big factor. The program may have to be tweaked for people to acquire homes in Glenwood. B. City Attorney

Jan Shute had nothing to report. ITEM NO. 10 Adjournment.

There being no further business, the meeting was at adjourned at 8:24 o'clock, p.m.

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