July 2, 2013 Page 1 of 112

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1 Page 1 of 112 MEETING OF THE CITYY COUNCIL City Council Chambers 448 East 1 st Street, Room 190 City of Salida, Colorado Tuesday, July 2, :00 p.m. The City Council may take action on any of the following agenda items as presented or modified prior to or during the meeting, and items necessary or convenient to effectuate the agenda items. I. MEETING CALLED TO ORDER II. PLEDGE OF ALLEGIANCE Led by Mayor Don Stephens III. ROLL CALL IV. CITIZEN PARTICIPATION 3 minute time limit V. PRESENTATION 1. Proclamation declaring July Parks and Recreation Month Mayor Don Stephens VI. SCHEDULED ITEMS 1. Consent Agenda (Audrey Gilpin) a. Approval of Agenda b. Approval of Minutes: June 18, 2013 and Special Meeting Minutes June 18, 2013 c. Tenderfoot Fencing Bid Award (Bob Salmi) 2. Wood Annexationn 2nd Reading and Public Hearing (Michael K. Yerman) Ordinance annexing to the City of Salida certain real property known as the Wood Annexation. 3. Wood Annexationn Zoning 2 nd Reading and Public Hearing (Michaell K. Yerman) Ordinance zoning certain real property known as the Wood Annexation Commercial (C01) Zone District. 4. Wood Annexationn Agreement (Michael K. Yerman) Resolution approving an annexation agreement forr the Wood Annexation. 5. Lowry Annexationn 2 nd Reading and Public Hearing (Michael K. Yerman) Ordinance annexing to the City of Salida certain real property known as the Lowry Annexation. 6. Lowry Zoning 2 nd Reading and Public Hearing (Michael K. Yerman) ) Ordinance zoning certain real property known as the Lowry Annexation C-1 Commercial and R-2 Medium Density Residential Zone Districts. 7. Centennial Park Master Plan Discussion (Dara MacDonald) Agenda July 2, The order of agenda items listed above are approximate and intended as a guideline for the City Council. Individuals with disabilitiess needing auxiliary aid(s) may request assistance by contacting the City Clerk, 448 E. 1 st Street, Ste. 112, Salida, CO 81201, at least 48 hours in advance.

2 Page 2 of First Street Merchants Public Property Request (Michael K. Yerman) Resolution approving a sign on public property for the merchants on First Street for certain days in the 2013 calendar year. 9. Ward One Council Seat Appointment Discussion (Audrey Gilpin) Budget Amendment (Jan Schmidt) Resolution amending and supplementing Resolution adopting the 2013 budget to provide for supplemental expenditures and revenues. 11. Deer Task Force Formation (Dara MacDonald) Resolution approving formation of and appointments to an urban deer task force. 12. Administrator/City Attorney/Deputy City Clerk a. City Administrator Report Dara MacDonald 1.) Water Lease with CWPDA 2.) Community Support Request Full Circle Restorative Justice b. City Attorney Report Karp, Neu, Hanlon, PC c. Deputy City Clerk Report Audrey Gilpin 1.) Outdoor Vending Permit Update 13. Elected Official Reports a. City Treasurer Eileen Rogers b. Mayor Don Stephens c. City Council- Keith Baker, Michael Bowers, Jay Moore, Steven Stewart, and Tom Yerkey. VII. ADJOURN [SEAL] Mayor City Clerk Agenda July 2, The order of agenda items listed above are approximate and intended as a guideline for the City Council. Individuals with disabilities needing auxiliary aid(s) may request assistance by contacting the City Clerk, 448 E. 1 st Street, Ste. 112, Salida, CO 81201, at least 48 hours in advance.

3 Page 3 of 112 Designation of July as Park and Recreation Month WHEREAS parks and recreation programs are an integral part of communities throughout this country, including the City of Salida; and WHEREAS our parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and WHEREAS parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and WHEREAS parks and recreation programs increase a community s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS parks and recreation areas are fundamental to the environmental well-being of our community; and WHEREAS parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS the U.S. House of Representatives has designated July as Parks and Recreation Month; and WHEREAS the City of Salida recognizes the benefits derived from parks and recreation resources NOW THEREFORE, BE IT RESOLVED BY the Salida City Council that July is recognized as Park and Recreation Month in the (City of Salida. Mayor Don Stephens Date

4 Page 4 of 112 June 18, 2013 MINUTES SPECIAL MEETING CITY COUNCIL CHAMBERS 448 East 1 st Street, Salida, Colorado 5:30 p..m. A special meeting of the Salida City Council was held this date in the City Council Chambers, 448 E. 1 st St. The meeting was called to order at 5:30 p.m. by Mayor Don Stephens. Present at rolll call was Mayor Don Stephens and Councilmen Steven Stewart, Mike Boers, Keith Baker, and Tom Yerkey. Also present were City Administrator r Dara MacDonald, City Attorney Karl Hanlon and Community Development Director Michael Yerman. Baker made a motion to adjourn to executive session at 5:33 p.m. for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S.. Section (4)(e) ). AND THE FOLLOWIN NG ADDITIONAL DETAILS ARE PROVIDED FOR IDENTIFICATION PURPOSES: 1) To discuss the Woodd Annexation and Lowry Annexation. Executive session concluded at 5:57 p. m. No decisions were made. Stewart made a motion to adjourn the meeting at 5:58 p.m. Bowers seconded the motion. With all in consensus, THE MOTION CARRIED. City Clerk/Deputy City Clerk Mayor Don Stephens

5 Page 5 of 112 l MEETING MINUTES OF THE CITY COUNCIL City Council Chambers 448 East 1 st Street, Room 190 City of Salida, Colorado Tuesday, June 18, :00 p.m. I. MEETING CALLED TO ORDER II. PLEDGE OF ALLEGIANCEE Led by Mayor Don Stephens III. ROLL CALL Present at roll call were Mayor Don Stephens and Council Members Tom Yerkey, Steven Stewart, Jay Moore, Keith Baker, and Mike Bowers. Also present were City Administrator Dara MacDonald, Deputy City Clerk Audrey Gilpin, City Treasurer Eileen Rogers andd City Attorney Karl Hanlon. Absent was City Clerk Betty Schwitzer. IV. CITIZEN PARTICIPATION 3 minute time limit Jim Miller of Salida said undeclared candidates for the November election pointing fingers at councilmenn should declare they plan to run for office. Monika Griesenbeck of Salida found Miller s statement insulting. Griesenbeck asked for the results of short term water leases. MacDonald said she has updated council when a short term lease is executed and will continue to do so. Nancy Dominick said she was offended by Miller s statement. She said the sewer plant stinks and something needs to be done regarding tumbleweeds. Billy Carlisle of Salida said council has made a series of bad decisions by this council and that council is driven by a certain agenda. He said renewing the contract with the city administrator under the terms of the contract was an example of a bad decision. Louise Fish of Salida complimented city staff and council and reminded council that Art Walk is the last weekend of June. Baker mentioned the Harriet Alexander Airport will have classicc planes and a fly-in during Art Walk. Robert Loewe of Salidaa said the last thing this fabulous town needs is rancor and dispute. He said there was a lot of public dialogue in regards to the purchase of the Vandaveer property. He said there is bitterness from a few, but that Salida is a great place to live. Jim Miller of Salida read a letter written by Cynda Green for thee council, which said the lodging community that she she spoke with is not in favor of an increase in the lodging tax. Yerkey said Theresa Casey, recreation manager, and himself mett with Don Jackson, owner of Super 8, who has been active in the lodging group. MacDonald said staff is also hosting a meeting for the lodgers too discuss options and increasing the 2b tax. Page 1 of 5

6 Page 6 of 112 Vern Davis asked Bowers to confirm that the sewer plant did have a stench. Bruce Feldman said it s easy to characterize those who disagree with current policies as grumps. Shawn Gillis of Salida said he appreciates the hard work of council and staff to make the town look nicer. He said 15 years ago there was a high vacancy rate downtown, and he will continue to put trust into the city council. V. PRESENTATION 1. Introduction of Lynda Travis Municipal Court Clerk Terry Clark, police chief, said Lynda Travis wasn t available and requested she be introduced at a future meeting. 2. Boys and Girls Club of Chaffee County Discourage Tobacco Use on Trails and in Parks Students from the Boys and Girls Club of Chaffee County spoke about and handed council policy suggestions regarding prohibited smoking on trails and in parks. Stephens gave direction to put the item on a work session agenda for discussion.. VI. SCHEDULED ITEMS 1. Consent Agenda (Audrey Gilpin) a. Approval of Agenda b. Approval of Minutes: June 4, 2013 c. Property Requests and Special Event Liquor License Request: (1) KHEN Special Event Liquor License Request June 29. (2) Riverside Fine Arts Festival August 14 and 15. Yerkey motioned to combine and approve the consent agenda. Stewart seconded. With all in consensus, THE MOTION CARRIED. 2. Firefly Restaurant Beer and Wine License Application with Concurrent Review and Public Hearing (Audrey Gilpin) Gilpin referenced a memo provided in the city council packet for the record. Stephens opened the public hearing. No one spoke. Stephens closed the public hearing. Baker made a motion to approve a Beer and License with concurrent review for The Firefly Restaurant dba The Firefly Restaurant at 142 West U.S. 50, Suite B, Salida. Moore seconded the motion. With all in consensus, THE MOTION CARRIED. 3. Wood Annexation 2nd Reading and Public Hearing (Michael K. Yerman) Ordinance annexing to the City of Salida certain real property known as the Wood Annexation. Yerman referenced a memo provided in the city council packet for the record. Stephens opened the public hearing. No one spoke. Stephens closed the public hearing. Moore made a motion to continue Ordinance to the regularly scheduled council meeting July 2, Baker seconded the motion. With all in consensus, THE MOTION CARRIED. 4. Wood Annexation Zoning 2 nd Reading and Public Hearing (Michael K. Yerman) Ordinance zoning certain real property known as the Wood Annexation Commercial (C01) Zone District. Yerman referenced a memo provided in the city council packet for the record. Stephens opened the public hearing. Jim Miller of Salida asked for clarification regarding the zoning area. Stephens closed the public hearing. Moore made a motion to continue Ordinance to the regularly scheduled council meeting July 2, 2013.Yerkey seconded the motion. With all in consensus, THE MOTION CARRIED. 5. Amendment to Section Road, Driveway and Sidewalk Standards of the Salida Municipal Code 2 nd Reading and Public Hearing (Michael K. Yerman) Page 2 of 5

7 Page 7 of 112 Yerman referenced a memo provided to council in the packet for the record. Stephens opened the public hearing. Louise Fish of Salida asked about existing buildings and whether they would be affected by this code change. Jim Miller of Salida said this amendment eliminates problems before they arise. Dwight Cocovinis of Salida said this effort was an attempt to correct oversight in municipal code, and the result is positive. Shannon Bevington of Salida spoke in favor of the amendment. Bruce Feldman of Salida asked about existing buildings. Stephens closed the public hearing. Yerkey motioned to approve Ordinance , an ordinance of the City Council for the City of Salida, Colorado, amending Chapter 16 of the Salida Municipal Code Section road, driveway and sidewalk standards, setting the public hearing date for June 18, 2013 and ordering the ordinance to be published by title only. Moore seconded the motion. With all in consensus, THE MOTION CARRIED. 6. Lowry Annexation 1 st Reading (Michael K. Yerman) Ordinance annexing to the City of Salida certain real property known as the Lowry Annexation. Yerman referenced a memo provided to council in the packet for the record. Moore made a motion to approve Ordinance an ordinance of the City Council for the City of Salida, Colorado, approving the annexation of 3.28 acres of the property located at 225 Grand Avenue into the City of Salida known as the Lowry Annexation, setting the public hearing date for July 2, 2013 and ordering the ordinance to be published in full. Yerkey seconded the motion. With all in consensus, THE MOTION CARRIED. 7. Lowry Zoning 1 st Reading (Michael K. Yerman) Ordinance zoning certain real property known as the Lowry Annexation C-1 Commercial and R-2 Medium Density Residential Zone Districts. Yerman referenced a memo provided in the city council packet for the record. Stewart made a motion to approve Ordinance , an ordinance of the City Council for the City of Salida, Colorado, approving the rezoning of 3.28 acres of the property located at 225 Grand Avenue to Commercial ( C-1 ) and Medium Density Residential ( R-2 ) known as the Lowry Annexation setting the public hearing date for July 2, 2013, and ordering the ordinance to be published in full. Moore seconded the motion. With all in consensus, THE MOTION CARRIED. 8. Amending Council Compensation 1 st Reading (Dara MacDonald) Ordinance establishing salaries for the Mayor and members of the City Council. MacDonald referenced a memo provided to council in the city council packet for record. Moore suggested raising the salary to $300 per month for council members and $500 per month for mayor. Rogers asked about raising the treasurer and city clerk compensation and suggested it may help gain people s interest in the position. Stewart said he d like to see more public support for this as the biggest issue has been the time commitment, and council addressed this by eliminating morning work sessions. Discussion continued. Monika Griesenbeck of Salida spoke in favor of raising compensation. Billy Carlisle of Salida said he may run for city council and spoke in favor of raising compensation for council members. Jim Miller of Salida recommended the issue be put on the ballot. Bruce Feldman spoke in favor of raising the compensation. Yerkey made a motion to approve Ordinance , an ordinance of the City Council of the City of Salida, Colorado, establishing salaries for the Mayor and members of the City Council, setting the public hearing for July 2, 2013 and ordering the ordinance to be published in full. Baker seconded the motion. Moore amended the motion to raise the mayor salary to $400 a month and council salary to $250 a month. Bowers seconded. In a 3-2 vote, the MOTION CARRIED. Yerkey and Stewart had the dissenting votes. Stewart made a motion to substitute the main amendment to continue the discussion to July 16. No one Page 3 of 5

8 Page 8 of 112 seconded. Moore motioned to raise the mayor salary to $400 a month and council salary to $250 a month and to hold the public hearing during the July 16 regular council meeting. Bowers seconded. In a 4-1 vote, the MOTION CARRIED. Stewart had the dissenting vote. 9. Ward One Council Seat Appointment Discussion (Audrey Gilpin) Gilpin referenced a memo provided in the city council packet for the record. Yerkey suggested advertising the vacant seat. Moore suggested using the boards and commissions application form. Council gave direction to take applications until 3 p.m. June 28, Moore motioned to continue past 8 p.m. and not to exceed 9 p.m. Bowers seconded the motion. With all in consensus, THE MOTION CARRIED. 10. Outdoor Vending Permit Fees (Audrey Gilpin) Resolution adopting a revised 2013 fee schedule for outdoor vendor permits pursuant to Chapter 6 of the Salida Municipal Code. Gilpin referenced a memo provided in the city council packet for the record. Yerkey suggested the fees should increase. Discussion continued. Don Peterson of Salida owner of Dawgin It said the fees you used to have for peddler s license in the past allowed for one year at a $100 fee. Bowers suggested $200 for a 180 day permit. Monika Griesenbeck of Salida said it isn t the city s job to protect brick and mortar businesses. Carlisle said street vending is part of the community and should be easily accessible. Shawn Gillis of Salida spoke as a brick and mortar business owner regarding the cost of property taxes. Yerkey made a motion to adopt Resolution , a resolution of the City Council of the City of Salida, amending the 2013 Fee Schedule to include Outdoor Vendor Permit fees, amending the 90 day fee to $100 and the 180 day fee to $200. Baker seconded the motion. With all in consensus, THE MOTION CARRIED. 11. Administrator/City Attorney/Deputy City Clerk a. City Administrator Report Dara MacDonald 1.) Mount Princeton Geothermal Tour MacDonald said Fred Henderson and Hank Held of Mount Princeton Geothermal have planned a tour of geothermal resources for Friday, June ) Chaffee County Economic Development Corporation Dues MacDonald said funding to participate in the Chaffee County Economic Development Corporation is included in the budget at the $3,000 level giving the city 3 votes on the CCEDC official matters. Council gave direction to proceed with the same level for ) Chamber Dumpster MacDonald said locals are dumping their trash in the dumpster at the Chamber/Museum building. She said staff has taken steps to reduce this impact by moving the dumpster closer to the dump station and changing signage to clarify the intention of the service and provide warning to those who dump illegally. Council gave direction to look into investing in a camera at the site to catch violators. b. City Attorney Report Karp, Neu, Hanlon, PC c. Deputy City Clerk Report Audrey Gilpin 1.) Deer Task Force Gilpin referenced a memo provided in the city council packet for the record. Council gave direction for staff to draft a resolution creating a deer task force for the next regular meeting, July Elected Official Reports a. City Treasurer Eileen Rogers Rogers said sales tax collections for April showed modest growth at less than 1 percent compared to April 2012, which had grown by 10.2 percent compared to Salida collected $282,046 in city taxes this month for April businesses. The collections increased $138. For the year-to-date, sales tax revenue is now $1,153,468, an increase of $43,020, or 3.9 percent. Salida s share of the Chaffee County tax for April was $86, 467, a decrease of $2,381, Page 4 of 5

9 Page 9 of 112 or 2.7 percent. Year-to-date, Salida s share of the Chaffee County tax is $367,911, an increase of $14,981 or 4.2 percent. b. Mayor Don Stephens c. City Council- Keith Baker, Michael Bowers, Jay Moore, Steven Stewart, and Tom Yerkey Yerkey made a motion to adjourn to executive session at 8:54 p.m. for a conference with the City attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section (4)(b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section (4)(a). AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR IDENTIFICATION PURPOSES: 1) To discuss the Dominick Water Supply Case. Bowers seconded the motion. With all in consensus, THE MOTION CARRIED. Mayor Stephens announced the time as 9:02 p.m. Present at the executive session were Mayor Don Stephens and Councilmen Steve Stewart, Mike Bowers, Keith Baker, Tom Yerkey and Jay Moore. Also present were City Administrator Dara MacDonald and City Attorney Karl Hanlon. Executive session concluded at 9:24 p.m. No decisions were made. Stewart motion to adjourn the meeting at 9:25 p.m. Bowers seconded the motion. With all in consensus, THE MOTION CARRIED. [SEAL] Mayor City Clerk Page 5 of 5

10 Page 10 of 112 CITY COUNCIL AGENDA ITEM MEETING DATE: AGENDA ITEM TITLE: PRESENTED BY: July 2, 2013 Award of bid for the City of Salida 2013 Salida Tenderfoot Water Tank Fencing Project and authorizing the City Administrator to enter into an agreement between the City of Salida and Alpine Fencing and Supplies, Inc. Bob Salmi-Public Works Director AGENDA SECTION: Consent Item REQUEST: The request is to award the bid for the 2013 Salida Tenderfoot Water Tank Fencing. BACKGROUND REVIEW: This award will allow the Tenderfoot Water Tank to be fenced in and protected. The project includes installing chain link fence, wire around top of fence, and access gates for approximately 600 feet of fence. The cost to the City will be $20, One bid was received for the project and was the lowest qualified bidder. RECOMMENDATION: Staff would suggest awarding the bid for the City of Salida 2013 Salida Tenderfoot Water Tank Fencing Project and authorizing the City Administrator to enter into a constructionn agreement between the City of Salida and Alpine Fencing and Supplies, Inc.

11 Page 11 of 112 CITY COUNCIL AGENDA ITEM MEETING DATE: July 2, 2013 AGENDA ITEM TITLE: PRESENTED BY: Ordinance Wood Annexation 2 nd Reading, an ordinance of the City Council for the City of Salida, Colorado approving the annexation of.33 acres of the property located at 352 East Sackett Avenue into the City of Salida known as the Wood Annexation. Michael K. Yerman, Community Development Director REQUEST: The request is to pass on second reading the ordinance annexing the Wood Annexation. APPLICANT: The applicant is Salida Investments, LLC, 1400 Folsom Street, Suite 102, Boulder, CO LOCATION: The subject property is located at 352 East Sackett Avenue and includes a portion of Sackett Avenue and the Arkansas River. The entire legal description is attached to the ordinance. BACKGROUND REVIEW: Below is a summary of the process for annexations, a brief background regarding the property and the Planning Commission s recommendation for the annexation. To annex a property, the City must follow the steps and procedures outlined in Colorado Revised Statutes. The final steps for annexation are passing an ordinance annexing the.33 acre portion of the lot into the City and then passing an ordinance zoning the property. A public hearing was set by Resolution for June 18, 2013 which found the petition in substantial compliance with state statute. The public hearing was continued until July 2, 2013 to allow the applicant to review the annexation agreement. The applicant is negotiating a trail and angler easement along the Arkansas River with the proposed annexation. A preliminary scoping meeting with Mike Harvey from River Engineering was conducted about the possible construction of a trail along this section of the river. Due to the steep topography, the trail was recommended to be constructed as a soft surface trail. This would connect to the Touber River Park. In exchange for the trail and angler easement, the applicant is asking that future open space fees be waived if the site is further developed. The applicant does not have any future development plans at this time; however the applicant could build 5 additional units if they maxed out density of the remaining site. Per the land use code river trails can also be considered extraordinary contributions for parks, trails and open space. The applicant has also requested an easement for construction access and landscaping with the

12 Page 12 of 112 neighboring city parcel which currently contains a storm drainage for C Street. The applicant would be responsible for replacing the landscaping in the future if it is damaged during any repairs done to the drainage area. The Planning Commission reviewed the annexation and the application for a zone district designation on May 28, The Commission made a recommendation to approve the annexation petition during this meeting and made a recommendation to City Council to accept the proposed trail and angler easement as the land dedication for trails, parks and open space for any future development on the site. ACTION: A Council person should make a motion to approve Ordinance No. 14, 2013 an ordinance of the City Council for the City of Salida, Colorado approving the annexation of.33 acres of the property located at 352 East Sackett Avenue into the City of Salida known as the Wood Annexation and ordering the ordinance to be published by title only. Followed by a roll call vote

13 Page 13 of 112 CITY OF SALIDA, COLORADO ORDINANCE NO. 14 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO ANNEXING TO THE CITY OF SALIDA CERTAIN REAL PROPERTY KNOWN AS THE WOOD ANNEXATION. WHEREAS, on April 1, 2013, Salida Investment, LLC ( Petitioner ) filed with the City Clerk of the City of Salida, Colorado, a petition and request that the City Council of the City of Salida, Colorado commence proceedings to annex to the City of Salida a certain unincorporated tract of land located in the County of Chaffee, State of Colorado, known as the Wood Annexation described on Exhibit A, attached hereto and incorporated herein by reference (hereinafter the Property or Annexation Parcel ); and WHEREAS, pursuant to C.R.S , the City Council by Resolution No. 28, Series of 2013, specified that the City Council would hold a hearing on the proposed annexation at its regular meeting on June 18, 2013; and WHEREAS, pursuant to C.R.S to -110, the City Council on June 18, 2013, held a duly-noticed public hearing to consider the proposed annexation; and WHEREAS, notice of such hearing was published on May 17, 2013, May 23, 2013, May 31, 2013, and June 7, 2013, in the Mountain Mail newspaper; and WHEREAS, C.R.S (1)(e) provides that prior to the completion of any annexation within a three-mile area, the municipality shall have in place a plan for that area, which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities and terminals for water, light, sanitation, transportation and power to be provided by the municipality and the proposed land uses for the area; and WHEREAS, the City currently has in place a Comprehensive Plan and other long-range planning documents which constitute the City's annexation plan; and WHEREAS, by this Ordinance the City Council desires to recognize that such documents function as the City's annexation plan, as required by C.R.S (1)(e), and that such plan is in place with regard to the proposed annexation to the City of the Annexation Parcel and the Property as a whole; and WHEREAS, the City Council hereby sets forth its Findings of Fact, Determinations and Conclusions with regard to annexation to the City of the Annexation Parcel.

14 Page 14 of 112 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO, THAT: 1. The City incorporates the foregoing recitals as findings and determinations by the City Council, and conclusively makes all of the Findings of Fact, Determinations and Conclusions contained herein. 2. For the Annexation Parcel, the City staff has determined, and the City Council so finds, that the landowners of one hundred percent (100%) of the Annexation Parcel, excluding public streets and alleys, signed and filed the Petition requesting the annexation to the City of the Property described in the Petition. 3. The Petition is accompanied by five (5) or more copies of the Annexation Map which contains, among other things, the information required by C.R.S (1)(d). 4. For the Annexation Parcel, the requirements of C.R.S , as amended, exist or have been met, including without limitation the following: a. Not less than one-sixth (1/6th) of the perimeter of the Annexation Parcel is contiguous with the City. b. A community of interest exists between the Annexation Parcel and the City. c. The Annexation Parcel is urban or will be urbanized in the near future. d. The Annexation Parcel is integrated with or is capable of being integrated with the City. e. No election for annexation of the area proposed to be annexed to the City has been held in the preceding twelve (12) months. 5. For the Annexation Parcel, the requirements of C.R.S , as amended, exist or have been met, including without limitation the following: a. In establishing the boundaries of the area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: i. has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, roadway, or other public way; or ii. comprising twenty (20) acres or more (which together with buildings and improvements situated thereon having a valuation for assessment in excess of $200, for ad valorem tax purposes for the year preceding the

15 Page 15 of 112 proposed annexation) has been included without the written consent of the landowners. b. No annexation proceedings have been commenced for the annexation to a municipality other than the City of all or part of the Annexation Parcel. i. The annexation proposed in the Petition will not result in the detachment of area from any school district and the attachment of the same area to another school district. ii. The annexation proposed in the Petition will not have the effect of extending the municipal boundary of the City more than three (3) miles in any direction from any point on the current municipal boundary of the City. c. The City has previously prepared and adopted a plan meeting the requirements of C.R.S (e). 6. No election is required under C.R.S and -107(2) for the Annexation Parcel, as no additional terms or conditions are to be imposed upon the owners of property not otherwise agreed to by such owners. 7. The signer of the Petition is the sole owner of one hundred percent (100%) of the area proposed to be annexed, exclusive of public streets and alleys. 8. The annexation to the City of the Annexation Parcel will not result in a change of county boundaries. 9. The names and mailing address of the signer of the Petition and dates of signing are included in the Petition, and the legal description of the land owned by such petitioner is attached to the Petition. No signature on the Petition is dated more than 180 days prior to the date of filing of the Petition for annexation with the City Clerk. 10. No area of the Annexation Parcel proposed to be annexed to the City is presently a part of any incorporated city, city and county, or town, and is not contiguous to any other incorporated city, city and county, or town. 11. It is desirable and necessary that the Annexation Parcel described on Exhibit A be annexed to the City. 12. The City of Salida s annexation plan, as required under C.R.S (1)(e), consists of the following documents, each of which is incorporated herein by this reference as if set forth in full: a. City of Salida Comprehensive Plan dated 2013.

16 Page 16 of 112 b. Amended Intergovernmental Agreement Between the City of Salida and Chaffee County dated c. Zone District Map of the City of Salida. d. Any and all staff reports and minutes of any Planning & Zoning Commission meetings relating to this development application. 13. The City, acting through its staff, consultants, and attorneys, shall update the City's annexation plan as necessary and at least once annually. 14. The annexation to the City of the Property as described on Exhibit A is hereby approved, and the Property is hereby annexed to and made a part of the City of Salida. 15. Within ten (10) days after final publication of this Ordinance, the City Clerk of the City of Salida, Colorado, on behalf of the City shall: a. File one (1) copy of the Annexation Map and the original of this Annexation Ordinance in the office of the City Clerk of the City of Salida, Colorado; b. File for recording three (3) certified copies of this Annexation Ordinance and three (3) copies of the Annexation Map, containing a legal description of the annexation parcel, with the County Clerk and Recorder of Chaffee County, Colorado, with directions to the Chaffee County Clerk and Recorder to file one certified copy of this Annexation Ordinance and one copy of the Annexation Map with the Division of Local Government of the Department of Local Affairs of the State of Colorado and one certified copy of this Annexation Ordinance and one copy of the Annexation Map with the Colorado Department of Revenue; and c. File one certified copy of this Annexation Ordinance and one copy of the Annexation Map in the office of the County Assessor of Chaffee County, Colorado.

17 Page 17 of 112 INTRODUCED ON FIRST READING, on June 4, 2013, ADOPTED and ORDERED PUBLISHED IN FULL in a newspaper of general circulation in the City of Salida by the City Council on the 4 th day of June, 2013, and set for second reading and public hearing on the 2 nd day of July, INTRODUCED ON SECOND READING, FINALLY ADOPTED and ORDERED PUBLISHED BY TITLE ONLY, by the City Council on the day of, CITY OF SALIDA, COLORADO [SEAL] Mayor ATTEST: City Clerk/Deputy Clerk PUBLISHED IN FULL in the Mountain Mail after First Reading on the 7 th day of June, 2013, and BY TITLE ONLY, after final adoption on the day of, City Clerk/Deputy Clerk

18 Page 18 of 112 EXHIBIT A Parcel 1 All that part of the Southwest Quarter (SW1/4) of Section 33, Township 50 North, Range 9 East of the New Mexico Principal Meridian, Chaffee County, Colorado, more particularly described as follows: Beginning at the intersection of the Southeasterly right-of-way of C Street and the Northeasterly right-of-way of Sackett Avenue, also being a point on the corporate limits of the City of Salida; Thence North West along said Northeasterly right-of-way Sackett Avenue, a distance of feet to the West line of said Section 33 and a point on the corporate limits of the City of Salida; Thence North West along said West line of Section 33, a distance of 164 feet, more or less, to the center of the Arkansas River; hence Southeasterly along said center of the Arkansas River, a distance of 153 feet, more or less; Thence South West, a distance of 120 feet, more or less, to the point of beginning. Together with Parcel 2 All that part of the Southwest Quarter (SW1/4) of Section 33, Township 50 North, Range 9 East of the New Mexico Principal Meridian, Chaffee County, Colorado and being within the right-ofway of Sackett Avenue and C Street, more particularly described as follows: Beginning at the intersection of the Southeasterly right-of-way of C Street and the Northeasterly right-of-way of Sackett Avenue, also being a point on the corporate limits of the City of Salida; Thence North West along said Northeasterly right-of-way of Sackett Avenue, a distance of feet to the West line of said Section 33 and a point on the corporate limits of the City of Salida; Thence South East along said West line of Section 33 and said corporate limit, a distance of feet to a point on said Southeasterly right-of way of C Street; Thence North East along said Southeasterly right-of-way of C Street, a distance of feet to the point of beginning.

19 Page 19 of 112 STAFF REPORT MEETING DATE: May 28, 2013 AGENDA ITEM TITLE: AGENDA SECTION: 352 E. Sackett Ave. Wood Annexation Public Hearing REQUEST: The request is to annex.33 acres of the property located at 352 East Sackett Avenue into the City of Salida. APPLICANT: The applicant is Salida Investments, LLC, 1400 Folsom Street, Suite 102, Boulder, CO LOCATION: The subject property is located at 352 East Sackett Avenue and is described as located within the Southwest quarter section 33, Township 50 North, Range 9 East of the New Mexico Principal Meridian, City of Salida, Chaffee County, Colorado, being more particularly described as follows. Parcel 1 All that part of the Southwest Quarter (SW1/4) of Section 33, Township 50 North, Range 9 East of the New Mexico Principal Meridian, Chaffee County, Colorado, more particularly described as follows: Beginning at the intersection of the Southeasterly right-of-way of C Street and the Northeasterly right-of-way of Sackett Avenue, also being a point on the corporate limits of the City of Salida; Public Hearing Agenda Item 7, Page 1 of 4

20 Page 20 of 112 Thence North West along said Northeasterly right-of-way Sackett Avenue, a distance of feet to the West line of said Section 33 and a point on the corporate limits of the City of Salida; Thence North West along said West line of Section 33, a distance of 164 feet, more or less, to the center of the Arkansas River; hence Southeasterly along said center of the Arkansas River, a distance of 153 feet, more or less; Thence South West, a distance of 120 feet, more or less, to the point of beginning. Together with Parcel 2 All that part of the Southwest Quarter (SW1/4) of Section 33, Township 50 North, Range 9 East of the New Mexico Principal Meridian, Chaffee County, Colorado and being within the right-of-way of Sackett Avenue and C Street, more particularly described as follows: Beginning at the intersection of the Southeasterly right-of-way of C Street and the Northeasterly right-of-way of Sackett Avenue, also being a point on the corporate limits of the City of Salida; Thence North West along said Northeasterly right-of-way of Sackett Avenue, a distance of feet to the West line of said Section 33 and a point on the corporate limits of the City of Salida; Thence South East along said West line of Section 33 and said corporate limit, a distance of feet to a point on said Southeasterly right-of way of C Street; Thence North East along said Southeasterly right-of-way of C Street, a distance of feet to the point of beginning. PROCESS: An application for annexation is a multi-step process. The application has been accepted by the City Council and scheduled for a public hearing on December 18, The request is reviewed by the Commission through a public hearing process. The Commission shall review the annexation map and all required supportive information and shall submit a written recommendation to the City Council. In its review of the application, the Commission shall focus on the review standards for annexation contained in Section of the Municipal Code. Council has final decision-making authority in such applications. OBSERVATIONS: 1. Annexation of the subject property is underway, with a public hearing scheduled before the City Council on June 18, The majority of adjacent properties within the municipality are zoned Commercial (C-1). 2. The applicant has submitted his application to annex this portion of the property because half of the parcel is within the municipal boundary and the other half is not. 3. The annexation also includes a small portion of Sackett Avenue. 4. The duplex on the property is within the boundary that will be annexed. The City s zoning map and the Chaffee County Assessor has this property listed as 354 East Sackett Avenue and the applicant has the duplex as 352 East Sackett Avenue. Public Hearing Agenda Item 7, Page 2 of 4

21 Page 21 of The applicant is negotiating a trail and angler easement along the Arkansas River with the proposed annexation. A preliminary scoping meeting with Mike Harvey from River Engineering was conducted about the possible construction of a trail along this section of the river. Due to the steep topography the trail will be a soft surface trail that will connect to the Touber River Park. In exchange for the trail and angler easement, the applicant is asking that future open space fees be waived if the site is further developed. The applicant does not have any future development plans at this time; however the applicant could build 5 additional units if they maxed out density of the remaining site. Per the land use code River Trails can also be consider extraordinary contributions for parks, trails and open space. REVIEW AGENCY COMMENTS Chaffee County Don Reimer No concerns, please inform us via once completed so we can update our maps. Police Chief Terry Clark I have no issues at this time with the annexation Fire Chief Doug Bess I have reviewed the plans as submitted for 352 East Sackett Ave. and I have no concerns or comments. Finance Director- Jan Schmidt The utility billing system shows a duplex on the property being charged in city rates. Expanded use or change in use needs to be disclosed and tap fees may apply. Public Works Director Bob Salmi No concerns Xcel Energy Ken Plewes I have no concerns RECOMMENDED FINDINGS: 1. That the application is in compliance for annexations because there is no cost to the City and a majority of the property is already located in the City limits. 2. That the annexation provides for orderly development of the City because the annexation is an area that is immediately adjacent to the municipal boundary. 3. The applicant is proposing a river trail and angler easement with the proposed annexation. RECOMMENDED ACTION: Based upon the observations, review standards, and findings outlined above, staff recommends the following: The Commission recommends APPROVAL of the application to annex.33 acres of the portion of the lot located at 352 East Sackett Avenue into the City of Salida to the City Council with the following condition; 1. That the address is verified prior to recording of the annexation Public Hearing Agenda Item 7, Page 3 of 4

22 Page 22 of That the applicant provides a trail and angler easement dedication on the annexation plat which will satisfy the future parks, trails and open space requirement for future development. RECOMMENDED MOTION: That the recommended findings be made and the recommended action be taken. Attachments: Application Annexation Map Public Hearing Agenda Item 7, Page 4 of 4

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33 Page 33 of 112 CITY COUNCIL AGENDA ITEM MEETING DATE: July 2, 2013 AGENDA ITEM TITLE: PRESENTED BY: Ordinance Wood Zoning 2 nd Reading, an ordinance of the City Council for the City of Salida, Colorado approving the rezoning of.33 acres of the property located at 352 East Sackett Avenue to Commercial ( C-1 ) also known as the Wood Annexation. Michael K. Yerman, Community Development Director REQUEST: The request is to pass on second reading the rezoning of the Wood Annexation. APPLICANT: The applicant is Salida Investments, LLC, 1400 Folsom Street, Suite 102, Boulder, CO LOCATION: The subject property is located at 352 East Sackett Avenue and includes a portion of Sackett Avenue and the Arkansas River. The entire legal description is attached to the ordinance. BACKGROUND REVIEW: Zoning of the property is the second step in the annexation process for Wood Annexation. The applicant has requested to rezone the portion of the property currently located in the county Commercial ( C-1 ). The portion of the property located in the City is zoned C-1. The nearby properties in the neighborhood and along Sackett Avenue are also zoned C-1. The applicant s request is consistent with the neighboring properties. The public hearing was continued from June 18, 2012 to tonight s meeting. The Planning Commission reviewed the rezoning request for the C-1 zone district designation for this property on May 28, The Commission made a recommendation to approve the rezoning application during this meeting. ACTION: A Council person should make a motion to approve Ordinance No. 15, 2013 an ordinance of the City Council for the City of Salida, Colorado approving rezoning of.33 acres of the property located at 352 East Sackett Avenue to Commercial ( C-1 ) known as the Wood Annexation and ordering the ordinance to be published by title only. Followed by a roll call vote

34 Page 34 of 112 CITY OF SALIDA, COLORADO ORDINANCE NO. 15 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO ZONING CERTAIN REAL PROPERTY KNOWN AS THE WOOD ANNEXATION COMMERCIAL (C-1) ZONE DISTRICT. WHEREAS, in April 2013, Salida Investment, LLC ( Petitioner ) filed with the City Clerk of the City of Salida, Colorado, a petition and request that the City Council of the City of Salida, Colorado commence proceedings to annex to the City of Salida a certain unincorporated tract of land located in the County of Chaffee, State of Colorado, known as the Wood Annexation described on Exhibit A, attached hereto and incorporated herein by reference (hereinafter the Property or Wood Annexation ); and WHEREAS, by Ordinance No. 14, Series of 2013, the City of Salida annexed the Wood Annexation to the City; and WHEREAS, Petitioner has filed an application to zone the Property Commercial (C-1) Zone District, and on May 28, 2013, the City of Salida Planning Commission considered the zoning application for the Property and recommended that the City Council zone the Property C- 1 Zone District; and WHEREAS, the Property is subject to any and all zoning overlay districts duly adopted by the City, and as may be amended from time to time, that overlay the area comprising the Property; and WHEREAS, as required by the Salida Municipal Code (the SMC ), the public hearing on the zoning application for the Property was held on June 18, 2013, at a regularly scheduled meeting of the Salida City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO, THAT: 1. The aforementioned recitals are hereby fully incorporated herein. 2. The Property described on Exhibit A is hereby zoned Commercial (C-1) Zone District. 3. Promptly following adoption of this Ordinance, the City Administrator shall cause the terms of this Ordinance to be incorporated into the Official Zoning Map of the City pursuant to Section (7) of the SMC, together with the Ordinance number and date, date of amendment, and initials of the draftsman making the change. The signed original copy of the Zoning Map shall be filed with the City Clerk. The Clerk shall also record a certified copy of this Ordinance with the Chaffee County Clerk and Recorder. The City staff is further directed to comply with all provisions of the Salida Land Use Regulations, SMC ' , et seq., to

35 Page 35 of 112 implement the provisions of this Ordinance. INTRODUCED ON FIRST READING, on June 4, 2013, ADOPTED and ORDERED PUBLISHED IN FULL in a newspaper of general circulation in the City of Salida by the City Council on the 4th day of June, 2013, and set for second reading and public hearing on the 2 nd day of July, INTRODUCED ON SECOND READING, FINALLY ADOPTED and ORDERED PUBLISHED BY TITLE ONLY, by the City Council on the day of, CITY OF SALIDA, COLORADO [SEAL] ATTEST: Mayor City Clerk/Deputy Clerk PUBLISHED IN FULL in the Mountain Mail after First Reading on the 7th day of June, 2013, and BY TITLE ONLY, after final adoption on the day of, City Clerk/Deputy City Clerk

36 Page 36 of 112 EXHIBIT A Parcel 1 All that part of the Southwest Quarter (SW1/4) of Section 33, Township 50 North, Range 9 East of the New Mexico Principal Meridian, Chaffee County, Colorado, more particularly described as follows: Beginning at the intersection of the Southeasterly right-of-way of C Street and the Northeasterly right-of-way of Sackett Avenue, also being a point on the corporate limits of the City of Salida; Thence North West along said Northeasterly right-of-way Sackett Avenue, a distance of feet to the West line of said Section 33 and a point on the corporate limits of the City of Salida; Thence North West along said West line of Section 33, a distance of 164 feet, more or less, to the center of the Arkansas River; hence Southeasterly along said center of the Arkansas River, a distance of 153 feet, more or less; Thence South West, a distance of 120 feet, more or less, to the point of beginning. Together with Parcel 2 All that part of the Southwest Quarter (SW1/4) of Section 33, Township 50 North, Range 9 East of the New Mexico Principal Meridian, Chaffee County, Colorado and being within the right-ofway of Sackett Avenue and C Street, more particularly described as follows: Beginning at the intersection of the Southeasterly right-of-way of C Street and the Northeasterly right-of-way of Sackett Avenue, also being a point on the corporate limits of the City of Salida; Thence North West along said Northeasterly right-of-way of Sackett Avenue, a distance of feet to the West line of said Section 33 and a point on the corporate limits of the City of Salida; Thence South East along said West line of Section 33 and said corporate limit, a distance of feet to a point on said Southeasterly right-of way of C Street; Thence North East along said Southeasterly right-of-way of C Street, a distance of feet to the point of beginning.

37 Page 37 of 112 STAFF REPORT MEETING DATE: May 28, 2013 AGENDA ITEM TITLE: AGENDA SECTION: Wood - Zoning Review Public Hearing REQUEST: The request is to designate the newly annexed property at 352 East Sackett Avenue as Commercial (C-1). The property is also known as the Wood Annexation. APPLICANT: The applicant is Salida Investments, LLC, 1400 Folsom Street, Suite 102, Boulder, CO LOCATION: The subject property is located at 352 East Sackett Avenue and is described as located within the Southwest quarter section 33, Township 50 North, Range 9 East of the New Mexico Principal Meridian, City of Salida, Chaffee County, Colorado, being more particularly described as follows. Parcel 1 All that part of the Southwest Quarter (SW1/4) of Section 33, Township 50 North, Range 9 East of the New Mexico Principal Meridian, Chaffee County, Colorado, more particularly described as follows: Beginning at the intersection of the Southeasterly right-of-way of C Street and the Northeasterly right-of-way of Sackett Avenue, also being a point on the corporate limits of the City of Salida; Thence North West along said Northeasterly right-of-way Sackett Avenue, a distance of feet to the West line of said Section 33 and a point on the corporate limits of the City of Salida; Thence North West along said West line of Section 33, a distance of 164 feet, more or less, to the center of the Arkansas River; Public Hearing Agenda Item 8, Page 1 of 3

38 Page 38 of 112 hence Southeasterly along said center of the Arkansas River, a distance of 153 feet, more or less; Thence South West, a distance of 120 feet, more or less, to the point of beginning. Together with Parcel 2 All that part of the Southwest Quarter (SW1/4) of Section 33, Township 50 North, Range 9 East of the New Mexico Principal Meridian, Chaffee County, Colorado and being within the right-of-way of Sackett Avenue and C Street, more particularly described as follows: Beginning at the intersection of the Southeasterly right-of-way of C Street and the Northeasterly right-of-way of Sackett Avenue, also being a point on the corporate limits of the City of Salida; Thence North West along said Northeasterly right-of-way of Sackett Avenue, a distance of feet to the West line of said Section 33 and a point on the corporate limits of the City of Salida; Thence South East along said West line of Section 33 and said corporate limit, a distance of feet to a point on said Southeasterly right-of way of C Street; Thence North East along said Southeasterly right-of-way of C Street, a distance of feet to the point of beginning. PROCESS: An application for zoning consists of a two-step process. The request is addressed by the Commission through a public hearing process. The Commission makes a recommendation of approval, approval with conditions, or denial of the zoning application to City Council. The Commission may also remand the application back to the applicant for further information or amendments. Council has final decision-making authority in such applications. In its review of the application, the Commission shall focus on the long term use of the property within the context of the City s Comprehensive Plan and current zoning for the property, as well as the surrounding area. Once the property is zoned, all of the uses permitted within the new zoning district are permitted as uses by right, not just what is proposed at the present time. OBSERVATIONS: 1. Annexation of the subject property is underway, with a public hearing scheduled before the City Council on June 18, Currently the portion of the property located in city limits is zoned Commercial (C-1) and the surrounding properties are also zoned Commercial (C-1). 3. Current use of the property is residential with a duplex residence located on the site. Current uses surrounding the property are single-family and multi-family residential units. 4. Most of the lot is currently within the City s boundaries but the easternmost part of the lot is outside the City s boundary. REVIEW STANDARDS FOR MAP AMENDMENTS (Section ): 1. Consistent with Comprehensive Plan. The proposed amendment shall be consistent with the Comprehensive Plan. Public Hearing Agenda Item 8, Page 2 of 3

39 Page 39 of 112 The purpose of the Land Use Plan within the Comprehensive Plan is to specify locations in and around Salida where various land uses and intensities of use will be encouraged. The Plan indicates the subject property to be Medium Density Residential. The proposed C-1 zoning for this property is not consistent with the Comprehensive Plan but is consistent with the surrounding zoning. Currently half of the property is already zoned Commercial (C-1) 2. Consistency with Purpose of Zone District. The proposed amendment shall be consistent with the purpose of the zone district to which the property is to be designated. The applicant is requesting a zone district designation of the subject property of Commercial District (C-1). The purpose of the C-1 zone district is to provide for commercial and service businesses in a pattern that allows ease of access by both vehicles and pedestrians. Designation of the subject property as C-1 would be consistent with the purpose of the district. 3. Compatibility with Surrounding Zone Districts and Uses. The development permitted by the proposed amendment shall be compatible with surrounding zone districts, land uses and neighborhood character. The zoning classification of C-1 is consistent with the zoning of other surrounding properties along Sackett Avenue. Uses of adjacent properties within the municipal boundary are primarily residential in nature. This zoning classification is compatible with surrounding zoning and land uses. 4. Changed Conditions or Errors. The applicant shall demonstrate that conditions affecting the subject parcel or the surrounding neighborhood have changed, or that due to incorrect assumptions or conclusions about the property, one (1) or more errors in the boundaries shown on the Official Zoning Map have occurred. This application is a result of the need for zoning due to annexation, not due to a map error or change in uses in the neighborhood. RECOMMENDED FINDINGS: 1. That the application is in compliance with the review standards for map amendments because the C-1 zone district designation for this parcel is consistent with the comprehensive plan and is compatible with the zoning of neighboring properties. RECOMMENDED ACTION: Based upon the observations, review standards, and findings outlined above, staff recommends the following: The Commission recommend APPROVAL of the application to designate the existing parcel in City limits and newly annexed property at 352 East Sackett Avenue as Commercial (C-1). RECOMMENDED MOTION: That the recommended findings be made and the recommended action be taken. Public Hearing Agenda Item 8, Page 3 of 3

40 Page 40 of 112 CITY COUNCIL AGENDA ITEM MEETING DATE: July 2, 2013 AGENDA ITEM TITLE: PRESENTED BY: Wood Annexation Agreement, A resolution of the City Council for the City of Salida, Colorado approving an annexation agreement for the Wood Annexation. Michael K. Yerman, Community Development Director BACKGROUND REVIEW: The request is to approve the Wood Annexation Agreement. This agreement creates the terms and conditions for the Wood Annexation passed by Ordinance 14, 2013 including the provisions for the dedication of the river trail and angler easement, the access and landscaping easement across the neighboring city parcel, and the waiver of parks, trails and open space fees for future development. RECOMMENDED MOTION: That the City Council APPROVE Resolution approving the Wood Annexation Agreement.

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51 CITY COUNCIL AGENDA ITEM MEETING DATE: July 2, 2013 AGENDA ITEM TITLE: PRESENTED BY: Ordinance Lowry Annexation 2 nd Reading, an ordinance of the City Council for the City of Salida, Colorado approving the annexation of 3.28 acres of the property located at 225 Grand Avenue into the City of Salida known as the Lowry Annexation. Michael K. Yerman, Community Development Director REQUEST: The request is to pass on second reading the ordinance annexing the Lowry Annexation. APPLICANT: The applicants are Edgewater, LLC, PO Box 745 Salida, CO represented by Tom Pokorny and Dan Thomas of Natural Habitats. The applicants have the permission of the property owners to file the application for annexation. LOCATION: The subject property is located at 225 Grand Avenue. The entire legal description is attached to the ordinance. BACKGROUND REVIEW: Below is a summary of the process for annexations, a brief background regarding the property and the Planning Commission s recommendation for the annexation. To annex a property, the City must follow the steps and procedures outlined in Colorado Revised Statutes. The final steps for annexation are passing an ordinance annexing the 3.28 acres into the City and then passing an ordinance zoning the property. At the May 18, 2013 City Council meeting, a public hearing was set by Resolution for July 2, 2013 which found the petition in substantial compliance with state statute. The Planning Commission reviewed the annexation and the application for a zone district designation on May 28, During the public hearing on the annexation, there were 2 main issues the Commission considered with the annexation request. The first issue was the applicants proposal for the creation of 2 affordable housing units with the proposed development. After evaluating the options for the possible administration of affordable housing with the development, the Planning Commission recommended 4 conditions. The first condition was that the first sale of the lots or homes would be targeted towards buyers who make less than 100% of the Area Medium Income. The second condition was the lot or unit is resident occupied after the sale or construction of the unit. The third condition was that the affordable lots

52 be Lots 11 and 12 of the proposed subdivision. The final condition was the Commission agreed to the applicants request that if after two years the lots or units do not sell they return to market rate pricing. The Commission did not want to require a deed restriction on the land for two main reasons. First the Commission cited that at the current time there is no organization that could administer the deed restrictions on the lots and this could not be created in a timely enough fashion for the proposed development. The second reason is the Commission did not want to adversely impact a potential buyer ability to receive financing for a mortgage. The second issue the Commission considered was the dedication of parks, trails and open space with the proposed development. The applicants are proposing a river trial and angler easement dedication along the river frontage of the Arkansas River. They have also proposed to construct the crusher fine trail along applicants property to link to the properties to the east and west. The Commission recommended that City Council accepts the applicants proposal for the dedication of parks, trails and open space. The third issue the applicants have raised with their annexation petition is partnering with the City on a CDOT Access permit for Marvin Park. The applicants proposed access borders Marvin Park and CDOT has expressed concerns with the current state of the Marvin Park accesses. At this time Marvin Park has over 220 of uncontrolled access along SH 291. The applicant has proposed supplying and installing a 4 chain link fence to delineate a 30 access on the east side of the existing parking lot. A new controlled access could have several possible benefits for the park including increased parking in the current lot, resolving drainage issues, and creating a safe access point for the ball fields. The last issue that has arisen is the homerun pump track encroaches on the applicants property. Staff and the developer met with Salida Mountain Trails to discuss the encroachment at their regular meeting on June 27, At this time, the applicants are willing to work with Salida Mountain Trails to remove the encroachment and help with dirt work in association of rebuilding the section that needs to be removed from the applicants property. In the meantime, Salida Mountain Trails will be looking within its organization for a new champion to redesign the section that is being removed. The applicants and staff are requesting the public hearing be continued until July 16, 2013 to allow additional time for engineering review of the proposed development plans. ACTION: A Council person should make a motion to continue Ordinance No. 17, 2013 to the regularly scheduled Council meeting on July 16, 2013.

53 Page 53 of 112 CITY OF SALIDA, COLORADO ORDINANCE NO. 17 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO ANNEXING TO THE CITY OF SALIDA CERTAIN REAL PROPERTY KNOWN AS THE LOWRY ANNEXATION. WHEREAS, in April, 2013, Antionette Lowry and William R. Lowry ( Petitioner ) filed with the City Clerk of the City of Salida, Colorado, a petition and request that the City Council of the City of Salida, Colorado commence proceedings to annex to the City of Salida a certain unincorporated tract of land located in the County of Chaffee, State of Colorado, known as the Lowry Annexation described on Exhibit A, attached hereto and incorporated herein by reference (hereinafter the Property or Annexation Parcel ); and WHEREAS, pursuant to C.R.S , the City Council by Resolution No., Series of 2013, specified that the City Council would hold a hearing on the proposed annexation at its regular meeting on July 2, 2013; and WHEREAS, pursuant to C.R.S to -110, the City Council on July 2, 2013, held a duly-noticed public hearing to consider the proposed annexation; and WHEREAS, notice of such hearing was published on May 17, 2013, May 24, 2013, May 31, 2013, and June 7, 2013, in the Mountain Mail newspaper; and WHEREAS, C.R.S (1)(e) provides that prior to the completion of any annexation within a three-mile area, the municipality shall have in place a plan for that area, which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities and terminals for water, light, sanitation, transportation and power to be provided by the municipality and the proposed land uses for the area; and WHEREAS, the City currently has in place a Comprehensive Plan and other long-range planning documents which constitute the City's annexation plan; and WHEREAS, by this Ordinance the City Council desires to recognize that such documents function as the City's annexation plan, as required by C.R.S (1)(e), and that such plan is in place with regard to the proposed annexation to the City of the Annexation Parcel and the Property as a whole; and WHEREAS, the City Council hereby sets forth its Findings of Fact, Determinations and Conclusions with regard to annexation to the City of the Annexation Parcel.

54 Page 54 of 112 City of Salida, Colorado Ordinance No. 17, Series of 2013 Page 2 of 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO, THAT: 1. The City incorporates the foregoing recitals as findings and determinations by the City Council, and conclusively makes all of the Findings of Fact, Determinations and Conclusions contained herein. 2. For the Annexation Parcel, the City staff has determined, and the City Council so finds, that the landowners of one hundred percent (100%) of the Annexation Parcel, excluding public streets and alleys, signed and filed the Petition requesting the annexation to the City of the Property described in the Petition. 3. The Petition is accompanied by five (5) or more copies of the Annexation Map which contains, among other things, the information required by C.R.S (1)(d). 4. For the Annexation Parcel, the requirements of C.R.S , as amended, exist or have been met, including without limitation the following: a. Not less than one-sixth (1/6th) of the perimeter of the Annexation Parcel is contiguous with the City. b. A community of interest exists between the Annexation Parcel and the City. c. The Annexation Parcel is urban or will be urbanized in the near future. d. The Annexation Parcel is integrated with or is capable of being integrated with the City. e. No election for annexation of the area proposed to be annexed to the City has been held in the preceding twelve (12) months. 5. For the Annexation Parcel, the requirements of C.R.S , as amended, exist or have been met, including without limitation the following: a. In establishing the boundaries of the area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: i. has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, roadway, or other public way; or

55 Page 55 of 112 City of Salida, Colorado Ordinance No. 17, Series of 2013 Page 3 of 6 ii. comprising twenty (20) acres or more (which together with buildings and improvements situated thereon having a valuation for assessment in excess of $200, for ad valorem tax purposes for the year preceding the proposed annexation) has been included without the written consent of the landowners. b. No annexation proceedings have been commenced for the annexation to a municipality other than the City of all or part of the Annexation Parcel. i. The annexation proposed in the Petition will not result in the detachment of area from any school district and the attachment of the same area to another school district. ii. The annexation proposed in the Petition will not have the effect of extending the municipal boundary of the City more than three (3) miles in any direction from any point on the current municipal boundary of the City. c. The City has previously prepared and adopted a plan meeting the requirements of C.R.S (e). 6. No election is required under C.R.S and -107(2) for the Annexation Parcel, as no additional terms or conditions are to be imposed upon the owners of property not otherwise agreed to by such owners. 7. The signer of the Petition is the sole owner of one hundred percent (100%) of the area proposed to be annexed, exclusive of public streets and alleys. 8. The annexation to the City of the Annexation Parcel will not result in a change of county boundaries. 9. The names and mailing address of the signer of the Petition and dates of signing are included in the Petition, and the legal description of the land owned by such petitioner is attached to the Petition. No signature on the Petition is dated more than 180 days prior to the date of filing of the Petition for annexation with the City Clerk. 10. No area of the Annexation Parcel proposed to be annexed to the City is presently a part of any incorporated city, city and county, or town, and is not contiguous to any other incorporated city, city and county, or town. 11. It is desirable and necessary that the Annexation Parcel described on Exhibit A be annexed to the City.

56 Page 56 of 112 City of Salida, Colorado Ordinance No. 17, Series of 2013 Page 4 of The City of Salida s annexation plan, as required under C.R.S (1)(e), consists of the following documents, each of which is incorporated herein by this reference as if set forth in full: a. City of Salida Comprehensive Plan dated b. Amended Intergovernmental Agreement Between the City of Salida and Chaffee County dated c. Zone District Map of the City of Salida. d. Any and all staff reports and minutes of any Planning & Zoning Commission meetings relating to this development application. 13. The City, acting through its staff, consultants, and attorneys, shall update the City's annexation plan as necessary and at least once annually. 14. The annexation to the City of the Property as described on Exhibit A is hereby approved, and the Property is hereby annexed to and made a part of the City of Salida. 15. Within ten (10) days after final publication of this Ordinance, the City Clerk of the City of Salida, Colorado, on behalf of the City shall: a. File one (1) copy of the Annexation Map and the original of this Annexation Ordinance in the office of the City Clerk of the City of Salida, Colorado; b. File for recording three (3) certified copies of this Annexation Ordinance and three (3) copies of the Annexation Map, containing a legal description of the annexation parcel, with the County Clerk and Recorder of Chaffee County, Colorado, with directions to the Chaffee County Clerk and Recorder to file one certified copy of this Annexation Ordinance and one copy of the Annexation Map with the Division of Local Government of the Department of Local Affairs of the State of Colorado and one certified copy of this Annexation Ordinance and one copy of the Annexation Map with the Colorado Department of Revenue; and c. File one certified copy of this Annexation Ordinance and one copy of the Annexation Map in the office of the County Assessor of Chaffee County, Colorado.

57 Page 57 of 112 City of Salida, Colorado Ordinance No. 17, Series of 2013 Page 5 of 6 INTRODUCED ON FIRST READING, on June 18, 2013, ADOPTED and ORDERED PUBLISHED IN FULL in a newspaper of general circulation in the City of Salida by the City Council on the 18th day of June, 2013, and set for second reading and public hearing on the 2nd day of July, INTRODUCED ON SECOND READING, FINALLY ADOPTED and ORDERED PUBLISHED BY TITLE ONLY, by the City Council on the day of, CITY OF SALIDA, COLORADO [SEAL] Mayor ATTEST: City Clerk/Deputy Clerk PUBLISHED IN FULL in the Mountain Mail after First Reading on the 21st day of June, 2013, and BY TITLE ONLY, after final adoption on the day of, City Clerk/Deputy Clerk Exhibit A LEGAL DESCRIPTION OF AN ANNEXATION AREA A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4), SECTION 32, TOWNSHIP 50 NORTH, RANGE 9 EAST OF THE NEW MEXICO PRINCIPAL MERIDIAN, CHAFFEE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 32, WHENCE THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER (SE1/4) OF THE

58 Page 58 of 112 City of Salida, Colorado Ordinance No. 17, Series of 2013 Page 6 of 6 NORTHWEST QUARTER (NW1/4) BEARS SOUTH 89 AND 57' WEST 218 FEET; THENCE RUNNING SOUTH 89 57' WEST 218 FEET TO THE SOUTHWEST CORNER OF THE SAID SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4); THENCE NORTH 0 43' EAST ALONG THE WEST BOUNDARY LINE OF SAID SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4), FEET, MORE OR LESS, TO THE CENTER OF THE ARKANSAS RIVER; THENCE EASTERLY ALONG THE CENTER OF SAID RIVER TO A POINT ON THE BOUNDARY LINE OF THE TRACT OF LAND KNOWN AS THE SALIDA BALL PARK; THENCE SOUTH 12 21' WEST FEET; THENCE SOUTH 2 50' WEST FEET TO THE PLACE OF BEGINNING, BEING A TRACT OF LAND CONSTITUTING PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 32, AND LYING BETWEEN THE SALIDA BALL PARK ON THE EAST, THE CENTER OF THE ARKANSAS RIVER ON THE NORTH, THE CENTER LINE OF SAID SECTION 32 ON THE SOUTH AND THE WEST BOUNDARY LINE OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4). EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR COLORADO STATE HIGHWAY NO. 291.

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78 Page 78 of 112 CITY COUNCIL AGENDA ITEM MEETING DATE: July 2, 2013 AGENDA ITEM TITLE: PRESENTED BY: Ordinance Lowry Salida Zoning 2 st Reading, an ordinance of the City Council for the City of Salida, Colorado approving the rezoning of 3.28 acres of the property located at 225 Grand Avenue to Commercial ( C-1 ) and Medium Density Residential ( R-2 ) also known as the Lowry Annexation. Michael K. Yerman, Community Development Director REQUEST: The request is to pass on second reading the rezoning of the Lowry Annexation. APPLICANT: The applicant is Edgewater, LLC, PO Box 745 Salida, CO represented by Tom Pokorny and Dan Thomas of Natural Habitats. The applicants have the permission of the property owners to file the application for zoning. LOCATION: The subject property is located at 225 Grand Avenue. The entire legal description is attached to the ordinance. BACKGROUND REVIEW: Zoning of the property is the second step in the annexation process for Lowry Annexation. The applicant has requested to rezone the property located along SH 291 Commercial ( C-1 ) and the portion of the property located in the rear Medium Density Residential ( R-2 ). The applicants request is consistent with the zoning of the neighboring properties. The C-1 zoned portion of the property will encompass two lots once the subdivision has been finalized. The existing house that is currently located on the site will be converted into a commercial structure. There will be another buildable commercial lot to the west of the existing house. For the area zoned R-2, the applicants are applying for a planned development overlay. Once the subdivision has been finalized, there will be 14 residential lots. This overlay will be considered on July 2, 2013 with the second reading of this ordinance. The overlay request will allow some deviations to the typical R-2 zoning requirements including setbacks, lot frontage, and minimum lot sizes. The Planning Commission reviewed the rezoning request for the C-1 and R-2 zone district designation for this property on May 28, The Commission made a recommendation to approve the rezoning application during this meeting.

79 Page 79 of 112 The applicants and staff are requesting the public hearing be continued until July 16, 2013 to allow additional time for engineering review of the proposed development plans. ACTION: A Council person should make a motion to continue Ordinance No. 18, 2013 to the regularly scheduled Council meeting on July 16, 2013.

80 Page 80 of 112 CITY OF SALIDA, COLORADO ORDINANCE NO. 18 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO ZONING CERTAIN REAL PROPERTY KNOWN AS THE LOWRY ANNEXATION C-1 COMMERCIAL AND R-2 MEDIUM DENSITY RESIDENTIAL ZONE DISTRICTS. WHEREAS, in April, 2013, Antoinette Lowry and William R. Lowry ( Petitioner ) filed with the City Clerk of the City of Salida, Colorado, a petition and request that the City Council of the City of Salida, Colorado commence proceedings to annex to the City of Salida a certain unincorporated tract of land located in the County of Chaffee, State of Colorado, known as the Lowry Annexation described on Exhibit A, attached hereto and incorporated herein by reference (hereinafter the Property or Annexation Parcel ); and WHEREAS, by Ordinance No. 17, Series of 2013, the City of Salida annexed the Lowry Annexation to the City; and WHEREAS, Petitioner has filed an application to zone the Property C-1 and R-2, and on June 24, 2013, the City of Salida Planning Commission considered the zoning application for the Property and recommended that the City Council zone the Property C-1 and R-2; and WHEREAS, the Property is subject to any and all zoning overlay districts duly adopted by the City, and as may be amended from time to time, that overlay the area comprising the Property; and WHEREAS, as required by the Salida Municipal Code (the SMC ), the public hearing on the zoning application for the Property was held on July 2, 2013, at a regularly scheduled meeting of the Salida City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO, THAT: 1. The aforementioned recitals are hereby fully incorporated herein. 2. The Property is hereby zoned Commercial (C-1) and Medium Density Residential (R-2) as depicted on Exhibit B. 3. Promptly following adoption of this Ordinance, the City Administrator shall cause the terms of this Ordinance to be incorporated into the Official Zoning Map of the City pursuant to Section (7) of the SMC, together with the Ordinance number and date, date of amendment, and initials of the draftsman making the change. The signed original copy of the Zoning Map shall be filed with the City Clerk. The Clerk shall also record a certified copy of this Ordinance with the Chaffee County Clerk and Recorder. The City staff is further directed to comply with all provisions of the Salida Land Use Regulations, SMC ' , et seq., to implement the provisions of this Ordinance.

81 Page 81 of 112 INTRODUCED ON FIRST READING, on June 18, 2013, ADOPTED and ORDERED PUBLISHED IN FULL in a newspaper of general circulation in the City of Salida by the City Council on the 18th day of June, 2013, and set for second reading and public hearing on the 2nd day of July, INTRODUCED ON SECOND READING, FINALLY ADOPTED and ORDERED PUBLISHED BY TITLE ONLY, by the City Council on the day of, CITY OF SALIDA, COLORADO [SEAL] ATTEST: Mayor City Clerk/Deputy Clerk PUBLISHED IN FULL in the Mountain Mail after First Reading on the 21st day of June, 2013, and BY TITLE ONLY, after final adoption on the day of, City Clerk/Deputy City Clerk

82 Page 82 of 112 Exhibit A LEGAL DESCRIPTION OF AN ANNEXATION AREA A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4), SECTION 32, TOWNSHIP 50 NORTH, RANGE 9 EAST OF THE NEW MEXICO PRINCIPAL MERIDIAN, CHAFFEE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 32, WHENCE THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4) BEARS SOUTH 89 AND 57' WEST 218 FEET; THENCE RUNNING SOUTH 89 57' WEST 218 FEET TO THE SOUTHWEST CORNER OF THE SAID SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4); THENCE NORTH 0 43' EAST ALONG THE WEST BOUNDARY LINE OF SAID SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4), FEET, MORE OR LESS, TO THE CENTER OF THE ARKANSAS RIVER; THENCE EASTERLY ALONG THE CENTER OF SAID RIVER TO A POINT ON THE BOUNDARY LINE OF THE TRACT OF LAND KNOWN AS THE SALIDA BALL PARK; THENCE SOUTH 12 21' WEST FEET; THENCE SOUTH 2 50' WEST FEET TO THE PLACE OF BEGINNING, BEING A TRACT OF LAND CONSTITUTING PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 32, AND LYING BETWEEN THE SALIDA BALL PARK ON THE EAST, THE CENTER OF THE ARKANSAS RIVER ON THE NORTH, THE CENTER LINE OF SAID SECTION 32 ON THE SOUTH AND THE WEST BOUNDARY LINE OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4). EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR COLORADO STATE HIGHWAY NO. 291.

83 Page 83 of 112 STAFF REPORT MEETING DATE: May 28, 2013 AGENDA ITEM TITLE: AGENDA SECTION: River West Salida - Zoning Review Public Hearing REQUEST: The request is to designate the newly annexed property at 225 Grand Avenue as Commercial ( C- 1 ) and Medium Density Residential ( R-2 ). The property is also known as the Lowry Annexation. APPLICANT: The applicant is Edgewater, LLC represented by Dan Thomas and Tom Pokorny of Natural Habitats, PO Box 745, Salida, CO The applicants have the permission of the property owners to file the application for annexation and zoning of the property. LOCATION: The subject property is known as 225 Grand Avenue, located immediately west of Marvin Park and is adjacent to the Arkansas River. The full legal description and maps are included with the application packet. PROCESS: An application for zoning consists of a two-step process. The request is addressed by the Commission through a public hearing process. The Commission makes a recommendation of approval, approval with conditions, or denial of the zoning application to City Council. The Commission may also remand the application back to the applicant for further information or amendments. Council has final decision-making authority in such applications. In its review of the application, the Commission shall focus on the long term use of the property within the context of the City s Comprehensive Plan and current zoning for the property, as well as the surrounding area. Once the property is zoned, all of the uses permitted within the new zoning district are permitted as uses by right, not just what is proposed at the present time. OBSERVATIONS: 1. Annexation of the subject property is underway, with a public hearing scheduled before the City Council on July 2, The subject property is located next to the Marvin Park Ball fields. 3. Current use of the property is residential with one house on the property. The applicants plan to develop the property into 16 lots. Public Hearing Agenda Item 4, Page 1 of 3

84 Page 84 of The applicants are requesting the two lots along SH 291 to be zoned Commercial ( C-1 ) and the large residential lot in the rear of the property to be zoned Medium Density residential ( R- 2 ). The applicants are applying of a planned development overlay for the R-2 parcel in conjunction with their development application. REVIEW STANDARDS FOR MAP AMENDMENTS (Section ): 1. Consistent with Comprehensive Plan. The proposed amendment shall be consistent with the Comprehensive Plan. This property is not designated in the Comprehensive Plan because it is located outside of City limits. However, the zoning request is consistent with Comprehensive Plan because it will establish commercial uses along the highway frontage and create residential infill opportunities in the area zoned R Consistency with Purpose of Zone District. The proposed amendment shall be consistent with the purpose of the zone district to which the property is to be designated. The applicant is requesting a zone district designation of the subject property of C-1 and R- 2. Along the SH 291 corridor these properties are zoned C-1. The intended use of the remainder of the property is residential which is consistent with other uses in the neighborhood. 3. Compatibility with Surrounding Zone Districts and Uses. The development permitted by the proposed amendment shall be compatible with surrounding zone districts, land uses and neighborhood character. The zoning classification of C-1 is consistent with the zoning of other surrounding properties along SH 291 and the R-2 zone designation is consistent with properties located off of SH Changed Conditions or Errors. The applicant shall demonstrate that conditions affecting the subject parcel or the surrounding neighborhood have changed, or that due to incorrect assumptions or conclusions about the property, one (1) or more errors in the boundaries shown on the Official Zoning Map have occurred. This application is a result of the need for zoning due to annexation, not due to a map error or change in uses in the neighborhood. RECOMMENDED FINDINGS: 1. That the application is in compliance with the review standards for map amendments because the C-1 and R-2 zone district designation for this parcel is consistent with the comprehensive plan and is compatible with the zoning of neighboring properties. RECOMMENDED ACTION: Based upon the observations, review standards, and findings outlined above, staff recommends the following: The Commission recommend APPROVAL of the application to designate the newly annexed property at 225 Grand Avenue as Commercial ( C-1 ) and Medium Density Residential ( R-2 ). RECOMMENDED MOTION: Public Hearing Agenda Item 4, Page 2 of 3

85 Page 85 of 112 That the recommended findings be made and the recommended action be taken. Public Hearing Agenda Item 4, Page 3 of 3

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87 Page 87 of 112 CITY COUNCIL AGENDA ITEM MEETING DATE: AGENDA ITEM TITLE: PRESENTED BY: REQUEST: July 2, 2013 Centennial Park Master Plan Debt Issue on Ballot Dara MacDonald, City Administrator Determine if a debt question for implementationn of the Centennial Park Master Plan should be placed on the November ballot BACKGROUND REVIEW: City staff has been working to create a Centennial Park Master Plan forr implementation for many years. A final plan was submitted to Council in June of At that time City Council felt thatt they had not heard enough either pro or con about the project to make a decision regarding the implementation of the plan or the placement of a debt question on the November ballot. Since that time staff has met with some community groupss including the lodging community and the Recreation Advisory Board to present the plan and garner feedback. Itt seems that the plan itself is drawing a great deal of support and using the lodging tax iss gathering support from groups other than the lodging community. The lodging community is opposed to raising the occupational tax. There have also been a handful of letters to the editor and/ /or to the City Council, some interaction on the Salida Citizen site where there is a link to a short survey, (constructed and posted by citizens), addressing the Centennial Park Master Plan. During the lodging community meeting it was suggested that the Council look at a sales tax increase to fund the project. A quarter cent could bring in as muchh as $332,0000 annually. This would be enough to fund Phase I plus some of Phase II. The tax could be structured to be an ongoing tax or one that would sunset at the end of the 20 year bond. RECOMMENDATION: Provide staff with direction in relation to the Centennial Park Master Plan.

88 Page 88 of 112 Salida Cyclones Swim Team PO Box 271 Salida, CO June 25, 2013 City of Salida Council Members Re: Salida Hot Springs Aquatic Center Improvements Dear Salida City Council, Thank you for your consideration to support improvements to the Salida Hot Springs Aquatic Center. The Salida Cyclones is a swim team for girls and boys ages We have 80 swimmers and our numbers are on the rise. In addition, there is interest in growing the year round swim team. The Cyclones practice five days a week at the Salida Aquatic Center, hosts a home swim meet annually in June, which attracts over 150 swimmers and their families from throughout Colorado. We feel that our swim meet contributes to Salida s economy. The meet draws hundreds of people to Salida the weekend before FIBArk. Hotels, restaurants, gas stations and retail business benefit from this influx of visitors. We would like to host a 2 nd meet each summer. Currently, pool use limits this. We feel that improvements to the Aquatic center that include outdoor soaking pools would not only benefit the Cyclones but the entire community. Outdoor soaking pools would accommodate residence and visitor leisure time and would allow the lap pool to promote health and fitness activities. The Salida Cyclones swim team recognizes the importance of quality youth programs that encourage health and fitness and the importance of developing a love for a lifelong sport swimming! Thank you for your consideration to support improvements to the Salida Hot Springs aquatic Center. Swimming, it s for everyone. Yay! Sincerely, Kathryn Wadsworth Swim Team Board Member and Swimmer Parent

89 Page 89 of 112 CITY COUNCIL AGENDA ITEM MEETING DATE: July 2, 2013 AGENDA ITEM TITLE: PRESENTED BY: 1 st Street Merchants Signs on Public Property- A resolution of the City Council for the City of Salida, Colorado approving signs on public property for the 1 st Street Merchants. Michael K. Yerman, Community Development Director BACKGROUND REVIEW: On June 22, 2013, the First Street Merchants hosted a Who s on 1 st Street Fair. For the event the merchants created 2 sandwich boards signs that were placed on the northwest and southeast corners of F and 1 st Streets. Both business owners in these locations were notified about the placement of the sandwich boards. Since the event, the Merchants on 1 st Street have requested that they be permitted to display the signs on certain days, primarily during the remaining summer and holiday weekends. A detailed list of the dates and locations requested are attached as Exhibits A&B to the resolution. The land use code gives Council the authority to allow signs on public property if the sign promotes the economic vitality of a commercial district. These signs do not identify any certain businesses; rather they promote the all the businesses along the entire block of both East and West 1 st Street. Staff is working on preparing a way finding sign plan for the entire town which will incorporate these types of signs in the future. Since these way finding signs do not exist at this time, staff is recommending that this request be approved for this calendar year for the dates requested. RECOMMENDED MOTION: That the City Council APPROVE Resolution approving the signs on public property for the First Street Merchants.

90 Page 90 of 112 RESOLUTION NO. 42 (Series 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO, APPROVING A SIGN ON PUBLIC PROPERTY FOR THE MERCHANTS ON FIRST STREET FOR CERTAIN DAYS IN THE 2013 CALENDAR YEAR. WHEREAS, the merchants on first street wish to display a sign on public property on certain days in the 2013 calendar year to promote the economic vitality of the downtown commercial district; and WHEREAS, Section (2) Signs on public property of the Salida Municipal Code allows City Council to approve private signs on public property; and WHEREAS, the merchants on First Street have made a request to place signs on public property on certain dates and locations as described in Exhibit A and B; and WHEREAS, the merchants on First Street will be responsible for maintenance, setup and removal of the signs on the requested days in the 2013 calendar year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SALIDA, COLORADO: 1. The foregoing recitals are hereby incorporated as findings; and 2. City Council hereby approves the First Street merchant signs on public property for certain days during the 2013 calendar for the first street merchants on the dates listed on Exhibit A attached hereto and at the locations shown on Exhibit B attached hereto; and 3. The merchants on First Street shall be responsible for the maintenance, setup and removal of the signs. RESOLVED, APPROVED AND ADOPTED this 2 nd day of July, CITY OF SALIDA [SEAL] By: Mayor ATTEST: City Clerk

91 Page 91 of 112 Exhibit A Proposed dates for 1 st Street Merchants Signs July 4, 2013 July 5, 2013 July 6, 2013 July 12, 2013 July 13, 2013 July 19, 2013 July 20, 2013 July 26, 2013 July 27, 2013 August 2, 2013 August 3, 2013 August 9, 2013 August 10, 2013 August 16, 2013 August 17, 2013 August 23, 2013 August 24, 2013 August 30, 2013 August 31, 2013 September 7, 2013 September 14, 2013 September 21, 2013 September 28, 2013 December 14, 2013 December 20, 2013 December 21, 2013 December 22, 2013 December 23, 2013

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95 Page 95 of 112 CITY COUNCIL AGENDA ITEM MEETING DATE: July 2, 2013 AGENDA ITEM TITLE: PRESENTED BY: AGENDA SECTION: REQUEST: Ward One Council Seat Appointment Discussion Audrey Gilpin, Deputy City Clerk Scheduled Items Discuss how to proceed in appointing the vacant Ward One Council Seat BACKGROUND REVIEW: Jim McCormick resigned from his position as Salida City Councilman Ward One June 7. At the June 18, 2013 regular council meeting, council gave staff direction to advertise the vacancy and to take applications using the city s boards and commissions application until 3 p.m. Friday, June 28. A public notice was put in the Mountain Mail June 21, June 24, and June 26. Also, the notice was published on our website and on our Facebook and Twitter pages. As of June 27 when the packet was distributed, the City received five applications to fill the vacancy. Council received the complete set of applications Friday, June 28 after 3 p.m. According to the Salida Municipal Code Chapter 2, Article 2, All vacancies on the City Council created other than by the regular expiration of a term shall be filled by appointment made upon a majority vote of the membership of the City Council within sixty (60) days after the vacancy occurs. Persons appointed to fill a vacancy shall serve until the next regular municipal election, at which time a successor shall be elected to serve out the remainder of any uncompleted term. The person appointed is required to be: a United States Citizen at least 18 years old a qualified elector of the City of Salida a resident of Ward One for at least 12 months McCormick s term expires this November. Sixty days from June 7 is Monday, August 5. RECOMMENDATION:

96 Page 96 of 112 Provide direction on how council would like to proceed in appointing the vacant Ward One Council Seat.

97 Page 97 of 112 CITY COUNCIL AGENDA ITEM MEETING DATE: July 2, 2013 AGENDA ITEM TITLE: PRESENTED BY: AGENDA SECTION: REQUEST: 2013 Budget Amendment Jan Schmidt Scheduled Items Amend the 2013 budget BACKGROUND REVIEW: Council adopted the 2013 budget on December 4, Since that time, council has provided direction to make certain changes and/or approved some actions that affect the 2013 budget. All of the changes are detailed within the resolution. This cover memo provides a summary and some highlights of the major changes. The net effect of the changes in the general fund budget is $567,100 and the majority is the reappropriation of capital spending deferred from The City added $859,000 to general fund reserves in 2012, and a significant portion of that was due to the spending deferrals now being reappropriated with this budget amendment. In the water fund, the net change is positive. Water lease revenue of $90,000 more than makes up for the financial impact frozen water meters caused for operating revenue and overtime of public works staff. In the sewer fund, we are reducing revenue projections due to the water usage cap in the first quarter that will affect the summer usage charges for residential customers during the first three quarters of the year. In addition, a number of line items within the operating budget have been re-categorized in the new accounting system. Therefore, the council is also being presented with a complete revised budget in the new format along with the changes discussed above. RECOMMENDATION: We recommend the Council adopt the revised 2013 budget.

98 Page 98 of 112 ACTION: A council member should make a motion to adopt resolution , a resolution amending and supplementing Resolution No adopting the 2012 budget to provide for supplemental expenditures and revenues. Followed by a second and a roll call vote.

99 Page 99 of 112 CITY OF SALIDA RESOLUTION NO A RESOLUTION OF THE CITY OF SALIDA, COLORADO AMENDING AND SUPPLEMENTING RESOLUTIONS NO ADOPTING THE 2013 BUDGET TO PROVIDE FOR SUPPLEMENTAL EXPENDITURES AND REVENUES WHEREAS, on December 4, 2012, the City Council adopted, by Resolution No , the 2013 Budget; and WHEREAS, completion of certain capital commitments in the 2012 budget, for which funds were appropriated but not used in 2012, was delayed until 2013; and WHEREAS, certain decisions made by the City Council affect the 2013 budget; WHEREAS, certain events, conditions and external factors that affect the budget in 2013 have occurred or changed during the past several months; and WHEREAS, a new chart of accounts was implemented in connected with the conversion to Tyler Software and certain expenditures are categorized differently in the new reports and the City Council is asked to re-affirm the entire budget as re-stated in the new account categories; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO Section 1: The aforementioned recitals are incorporated herein and adopted as findings and determinations of the City Council. Section 2: Approved operating expenditures are re-categorized as shown on Exhibit A to this resolution. Section 3: The General Fund Capital and Operating budgets are amended as follows: (A) (B) To re-appropriate and/or adjust funding for capital projects / purchases included in the 2012 budget with completion dates delayed until Rescue pumper - $475, Radios for Fire Dept - $3, Fire Station remodel (final work) - $1, Tyler Software, Scene PD add-on - $2, Sackett Ave project (final work) - $5, Bridge as art (final work) - $3, Highway 50 streetscape project (final work) - $3, Touber Building improvements - $5, Marvin Park bleachers - $21,400 To budget for the grant and related costs of the Best & Brightest intern selected in

100 Page 100 of following council s approval of City participation in the program at the end of the 2012 budget process. The amount reflects a new computer and compensation and benefit costs, partially offset by grant revenue, for three-quarters of a year - $12,300 net. (C) Increase the Community Development budget for costs to hold public meetings that had not been anticipated - $1,000 (D) Increase the police department IT budget for costs to migrate service - $3,200 (E) Eliminate $20,000 for a shared city-wide vehicle and increase the budget by $2,000 for the public works director s late model used vehicle ($18,000) net (F) (G) Remove revenue for maintaining CO State Highway 291 due to expiration of contract - $2,600 Eliminate $500,000 in grant revenue and $600,000 of capital expense associated with the next phase of the Hwy 50 enhancement project and re-allocate the net savings to the 2013 streets project - $0 net effect (H) Add funding to clean storm drains - $5,000 (I) (J) (K) (L) Combine the budgets for the pool and recreations departments, which were already largely intertwined - $0 net effect Re-allocate $8,500 in revenue and $8,900 in costs associated with the annual Labor Day weekend triathlon to another recreation department even - $0 net effect Add grant and contribution revenue for trees in Riverside Park, increase the budget accordingly for new trees and add costs to remove the hazardous trees - $12,000 Increase the budget for the Chisholm Park project by $14,100 for of insurance proceeds received for contents, landscaping and fencing destroyed - $0 net (M) Add funding for parking lot leases - $20,000 (N) (O) To record the revenue and expenditures for the next phase of the Creative District Grant - $10,000 Total appropriations for the 2013 General Fund Capital Budget for current year expenditures are amended to be $2,579,200. Total appropriations for the 2013 General Fund Operating Budget are amended to be $4,956,400. Total Capital Revenue is amended to be $2,021,000 and Operating Revenue is amended to be $4,968,400. Section 4: The Water Enterprise Fund Budget is amended as follows:

101 Page 101 of 112 (A) (B) (C) To re-appropriate the cost for Tenderfoot Tank fencing and other improvements included in the 2012 budget that were delayed until $25,000 To increase the budget for overtime caused by freezing water meters in the first quarter - $7,000 To reduce residential water volume revenue due to the usage cap implemented in the first quarter because residents were asked to run water to prevent freezing water meters - $9,600 (D) To increase revenue as a result of water leases not anticipated in the original budget - $90,000 (E) Total appropriations for the 2013 Water Enterprise Fund Capital Expenditures Budget are amended to be $1,233,000. Total appropriations for the 2013 Water Fund Operating Budget are amended to be $819,800. Total Operating Revenue is amended to be $1,461,000. Section 5: The Sewer Enterprise Fund Budget is amended as follows: (A) (B) To reduce residential volume revenue due to the water usage cap (see above) for the first quarter and summer billing cycles because residential volume charges are based on the first quarter water usage ($9,800 x three quarters) - $29,400 Total appropriations for the 2013 Sewer Enterprise Fund Operating Revenue Budget are amended to be $1,283,600. Section 6: That the amended 2013 budget is hereby approved and adopted and shall be signed by the Mayor of the City of Salida, Colorado, and made a part of the public records of the City of Salida, Colorado. RESOLVED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Salida on this 2nd day of July CITY OF SALIDA, COLORADO ATTEST: [SEAL] By Mayor Deputy City Clerk

102 Exhibit A Amended Budget Report Fund: 10 - GENERAL FUND Original Total Budget July 2, 2013 Page 102 of 112 Current (Amended) Total Budget Department: 00 - Balance Sheet & General Revenue 40 - Tax Revenue 4,419, ,419, Fees for General Services 5, , Intergovernmental Revenue 2,184, ,705, Capital Revenue 174, , Miscellaneous Revenue 45, , Total Department: 00 - General Revenue: 6,828, ,367, Department: 15 - Administration & Elected Officials 41 - Fees for General Services 18, , Licenses and Permits 19, , Personnel 332, , Contracted Services 196, , Supplies & Materials 10, , Utilities 23, , Other Operating Costs 170, , Financing Obligations 161, , Budgetary Capital Expenditures ($500 - $4,999) 30, , Capital Purchases & Improvements ($5,000 +) 67, , Total Department: 15 - Administration & Elected Officials: -955, , Department: 16 - Community Development 41 - Fees for General Services 22, , Personnel 159, , Contracted Services 11, , Supplies & Materials 1, , Utilities Other Operating Costs 11, , Budgetary Capital Expenditures ($500 - $4,999) 3, , Total Department: 16 - Community Development: -165, , Department: 21 - Police 41 - Fees for General Services Fines & Forfeitures 67, , Miscellaneous Revenue Personnel 1,224, ,224, Contracted Services 92, , Supplies & Materials 63, , Utilities 25, , Other Operating Costs 27, , Budgetary Capital Expenditures ($500 - $4,999) 38, , Capital Purchases & Improvements ($5,000 +) 75, , Total Department: 21 - Police: -1,480, ,485, Department: 22 - Fire 41 - Fees for General Services 14, , Intergovernmental Revenue 70, , Miscellaneous Revenue 5, , Personnel 765, , Contracted Services 17, , Supplies & Materials 31, , Utilities 3, ,800.00

103 Exhibit A Amended Budget Report July 2, 2013 Page 103 of 112 Original Total Budget Current (Amended) Total Budget 55 - Other Operating Costs 35, , Budgetary Capital Expenditures ($500 - $4,999) 23, , Capital Purchases & Improvements ($5,000 +) 61, , Total Department: 22 - Fire: -849, ,329, Department: 30 - Public Works 41 - Fees for General Services 20, , Personnel 351, , Contracted Services 6, , Supplies & Materials 68, , Utilities 113, , Other Operating Costs 16, , Budgetary Capital Expenditures ($500 - $4,999) 10, , Capital Purchases & Improvements ($5,000 +) 1,466, , Total Department: 30 - Public Works: -2,012, ,511, Department: 51 - Pool & Recreation 45 - Fees for Recreation & Event Services 371, , Capital Revenue 15, , Direct Cost of Revenue 10, , Personnel 385, , Contracted Services 17, , Supplies & Materials 38, , Utilities 85, , Other Operating Costs 47, , Budgetary Capital Expenditures ($500 - $4,999) 7, , Capital Purchases & Improvements ($5,000 +) 169, , Total Department: 51 - Pool & Recreation: -373, , Department: 54 - Parks, Open Space & Trails 51 - Personnel 157, , Contracted Services 5, , Supplies & Materials 10, , Utilities 72, , Other Operating Costs 23, , Budgetary Capital Expenditures ($500 - $4,999) Capital Purchases & Improvements ($5,000 +) 266, , Total Department: 54 - Parks, Open Space & Trails: 534, , Department: 56 - Other City Properties 52 - Contracted Services 144, , Supplies & Materials Utilities 10, , Other Operating Costs 102, , Budgetary Capital Expenditures ($500 - $4,999) Capital Purchases & Improvements ($5,000 +) 180, , Total Department: 56 - Other City Properties: 437, , Total Revenues 7,450, ,989, Total Expenses 7,429, ,535, Total Fund: 10 - GENERAL FUND: 20, ,200.00

104 Exhibit A Amended Budget Report Original Total Budget July 2, 2013 Page 104 of 112 Current (Amended) Total Budget Fund: 20 - WATER FUND Department: 00 - Balance Sheet & General Revenue 41 - Fees for General Services 1,519, ,599, Capital Revenue 113, , Miscellaneous Revenue 4, , Total Department: 00 - Balance Sheet & General Revenue: 1,636, ,716, Department: 15 - Administration & Elected Officials 51 - Personnel 67, , Contracted Services 94, , Supplies & Materials 4, , Other Operating Costs 3, , Total Department: 15 - Administration & Elected Officials: 169, , Department: 30 - Public Works 51 - Personnel 141, , Contracted Services Supplies & Materials 13, , Other Operating Costs 9, , Financing Obligations 378, , Capital Purchases & Improvements ($5,000 +) 142, , Total Department: 30 - Public Works: 685, , Department: 34 - Water Plant 51 - Personnel 239, , Contracted Services 60, , Supplies & Materials 55, , Utilities 39, , Other Operating Costs 84, , Financing Obligations 27, , Capital Purchases & Improvements ($5,000 +) 651, , Total Department: 34 - Water Plant: 1,156, ,181, Total Revenues 1,636, ,716, Total Expenses 2,011, ,043, Total Fund: 20 - WATER FUND: -375, , Fund: 21 - WASTEWATER FUND Department: 00 - Balance Sheet & General Revenue 41 - Fees for General Services 1,301, ,271, Intergovernmental Revenue 2,751, ,751, Capital Revenue 101, , Miscellaneous Revenue 16, , Total Department: 00 - Balance Sheet & General Revenue: 4,169, ,140, Department: 15 - Administration & Elected Officials 51 - Personnel 67, , Contracted Services 29, , Supplies & Materials 5, , Other Operating Costs 3, ,200.00

105 Exhibit A Amended Budget Report July 2, 2013 Page 105 of 112 Original Current (Amended) Total Budget Total Budget Total Department: 15 - Administration & Elected Officials: 105, , Department: 30 - Public Works 51 - Personnel 100, , Contracted Services 6, , Supplies & Materials 6, , Other Operating Costs 61, , Capital Purchases & Improvements ($5,000 +) 200, , Total Department: 30 - Public Works: 374, , Department: 35 - Wastewater Plant 51 - Personnel 304, , Contracted Services 7, , Supplies & Materials 37, , Utilities 114, , Other Operating Costs 71, , Financing Obligations 271, , Capital Purchases & Improvements ($5,000 +) 2,776, ,776, Total Department: 35 - Wastewater Plant: 3,583, ,583, Total Revenues 4,169, ,140, Total Expenses 4,062, ,062, Total Fund: 21 - WASTEWATER FUND: 106, , Fund: 26 - STEAMPLANT EVENT CENTER FUND Department: 00 - Balance Sheet & General Revenue 45 - Fees for Recreation & Event Services 198, , Miscellaneous Revenue 10, , Direct Cost of Revenue 28, , Total Department: 00 - Balance Sheet & General Revenue: 180, , Department: 40 - Event Center 51 - Personnel 190, , Contracted Services 6, , Supplies & Materials 10, , Utilities 29, , Other Operating Costs 19, , Total Department: 40 - Event Center: 255, , Total Revenues 208, , Total Expenses 283, , Total Fund: 26 - STEAMPLANT EVENT CENTER FUND: -75, , Fund: 30 - CONSERVATION TRUST FUND Department: 00 - Balance Sheet & General Revenue 44 - Intergovernmental Revenue 50, , Miscellaneous Revenue Total Department: 00 - Balance Sheet & General Revenue: 50, ,100.00

106 Exhibit A Amended Budget Report Original Total Budget July 2, 2013 Page 106 of 112 Current (Amended) Total Budget Department: 54 - Parks, Open Space & Trails 55 - Other Operating Costs 12, , Total Department: 54 - Parks, Open Space & Trails: 12, , Total Revenues 50, , Total Expenses 12, , Total Fund: 30 - CONSERVATION TRUST FUND: 38, , Report Total: -284, , Net Total - ALL FUNDS Original Fund Summary Total Current (Amended) Budget Total Budget 10 - GENERAL FUND 20, , WATER FUND -375, , WASTEWATER FUND 106, , STEAMPLANT EVENT CENTER FUND -75, , CONSERVATION TRUST FUND 38, , Report Total: -284, ,200.00

107 Page 107 of 112 CITY COUNCIL AGENDA ITEM MEETING DATE: AGENDA ITEM TITLE: PRESENTED BY: July 2, 2013 Urban Deer Task Forcee A resolution of the City Council of the City of Salida, Colorado, approving formation of and appointments to an Urban Deer Task Force. Dara MacDonald, City Administrator REQUEST: The request is to approve a resolution creating an urban deer task force and appointing four citizens to that special committee. BACKGROUND: The growing urban deer population within the municipality has been an ongoing topic of conversation for several years. After a presentation by y Jim Aragon, Area Wildlife Manager with Colorado Parks and Wildlife on June 4 th the Mayor requested that citizens who might be interested in serving on a task force to address the issue should contact him or staff. The Mayor heard from four interested citizens. Those fourr citizens are Linda Taylor, Monica Hutson, Jane Elmore and Jim Elmore. The Mayor andd Administrator met with Jim Aragon on June 24 th to discuss the scope of what the group might be tasked with and Mr. Aragon offered to help out as much as possible. Section 2-7 of the Salida Municipal Code allows for thee formation of special committees for the purpose of advising the City Council on particular matters. Such committees shall be formed by resolution of the City Council. As discussed during the June 4 th work session, the task force should have a defined purpose and timeframe in which to accomplish their task. The resolution proposes a purpose of investigating the urban deer population and ways that the population could be reduced. It has been suggested that the task force report back to the Council within 6 months with up to four options for reduction of the population. One of those options would be to do nothing. Each option should include an analysis of cost, pros and cons and any unintended or ancillary consequences. A final decision to take action on any of the options orr to expend and funds would remain with the City Council. RECOMMENDED MOTION: Deer Task Force, Page 1 of 2

108 Page 108 of 112 A Council person should make a motion to approve Resolution a resolution of the City Council of the City of Salida, Colorado, approving the formation of and appointments to an Urban Deer Task Force. Followed by a second and then voice vote. Deer Task Force, Page 2 of 2

109 Page 109 of 112 CITY OF SALIDA, COLORADO RESOLUTION NO. 41 (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO APPROVING FORMATION OF AND APPOINTMENTS TO AN URBAN DEER TASK FORCE WHEREAS, the City Council desire to research the urban deer population in the municipality and possible options for reduction of that population; and WHEREAS, the City Council desires to establish an Urban Deer Task Force to serve for a period of not more than 180 days after which time they shall provide a report on their findings to the Council; and WHEREAS, Section of the Salida Municipal Code provides for the City Council to establish special committees for the purpose of advising the City Council; and WHEREAS, the Urban Deer Task Force is a special committee created to consider the current deer population and possible ways to reduce that population. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO: 1. The City Council incorporates the foregoing recitals as its conclusions, facts, determinations, and findings. 2. The Urban Deer Task Force is hereby created for a period not to exceed 180 days and for the express purpose of researching the urban deer population in the municipality and presenting to Council possible options for reduction of that population. 3. The appointment of the following candidates to the Urban Deer Task Force are hereby approved: Linda Taylor Jim Elmore Monica Hutson Jane Elmore RESOLVED, APPROVED and ADOPTED this 2 nd day of July, CITY OF SALIDA [SEAL] Mayor ATTEST:

110 City of Salida, Colorado Resolution No. 41, Series of 2013 Page 2 of 2 July 2, 2013 Page 110 of 112 City Clerk

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