b. breckenridge open space advisory committee (mr ... · from: mark johnston, public works...

Town Council Regular MeetingTuesday, June 25, 2019, 7:00 PM

Council Chambers150 Ski Hill Road

Breckenridge, Colorado

I. CALL TO ORDER, ROLL CALL

II. APPROVAL OF MINUTESA. TOWN COUNCIL MINUTES - JUNE 11, 2019

III. APPROVAL OF AGENDA

IV. COMMUNICATIONS TO COUNCILA. CITIZEN'S COMMENT (NON-AGENDA ITEMS ONLY; 3-MINUTE TIME LIMIT

PLEASE)

V. CONTINUED BUSINESSA. SECOND READING OF COUNCIL BILLS, SERIES 2019 - PUBLIC HEARINGS

VI. NEW BUSINESSA. FIRST READING OF COUNCIL BILLS, SERIES 2019

1. COUNCIL BILL NO. 14, SERIES 2019 - AN ORDINANCE REPEALING ANDREADOPTING WITH CHANGES CHAPTER 6 OF TITLE 5 OF THE BRECKENRIDGETOWN CODE ENTITLED “TRASH ENCLOSURES”; AND MAKING CONFIRMINGAMENDMENTS TO THE BRECKENRIDGE TOWN CODE

B. RESOLUTIONS, SERIES 2019

1. RESOLUTION NO. 16, SERIES 2019 - A RESOLUTION APPROVING ANINTERGOVERNMENTAL AGREEMENT WITH SUMMIT COUNTY GOVERNMENTAND THE TOWNS OF BLUE RIVER, DILLON, FRISCO, MONTEZUMA ANDSILVERTHORNE REGARDING THE IMPLEMENTATION OF FIRE RESTRICTIONSIN SUMMIT COUNTY, COLORADO

C. OTHER

VII. PLANNING MATTERSA. PLANNING COMMISSION DECISIONS

VIII. REPORT OF TOWN MANAGER AND STAFF

IX. REPORT OF MAYOR AND COUNCIL MEMBERSA. CAST/MMC (MAYOR MAMULA)

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B. BRECKENRIDGE OPEN SPACE ADVISORY COMMITTEE (MR. BERGERON)

C. BRECKENRIDGE TOURISM OFFICE (MS. WOLFE)

D. BRECKENRIDGE HERITAGE ALLIANCE (MS. OWENS)

E. BRECKENRIDGE CREATIVE ARTS (MR. GALLAGHER)

F. BRECKENRIDGE EVENTS COMMITTEE (MS. GIGLIELLO)

G. WATER TASK FORCE (MR. GALLAGHER)

X. OTHER MATTERS

XI. SCHEDULED MEETINGSA. SCHEDULED MEETINGS FOR JUNE AND JULY

XII. ADJOURNMENT

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TOWN OF BRECKENRIDGE TOWN COUNCIL REGULAR MEETING Tuesday, June 11, 2019 PAGE 1

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I) CALL TO ORDER, ROLL CALL

Mayor Mamula called the meeting of June 11, 2019 to order at 7:00 pm. The following members answered roll call: Mr. Bergeron, Ms. Owens, Mr. Gallagher, Ms. Wolfe, Ms. Gigliello and Mayor Mamula. Mr. Carleton was absent.

II) APPROVAL OF MINUTES

A) TOWN COUNCIL MINUTES - MAY 28, 2019 With no changes or corrections to the meeting minutes of May 28, 2019, Mayor Mamula declared they would stand approved as submitted.

III) APPROVAL OF AGENDA

Mr. Holman stated there were no changes to the agenda. Mayor Mamula declared the agenda approved as presented.

IV) COMMUNICATIONS TO COUNCIL

A) CITIZEN'S COMMENT (NON-AGENDA ITEMS ONLY; 3-MINUTE TIME LIMIT PLEASE) Mayor Mamula opened Citizen's Comment. Ms. Carol Rockne, a Breckenridge resident, stated she was concerned about the traffic coming into town from the South side of Town, including truck traffic. She further stated that traffic is coming through the back roads by Google mapping, and asked if there was a way to widen Park Avenue by the new roundabout for the garage for egress. Mr. Colby Campbell introduced himself as the new Timberline Disposal Company Manager. He stated there would be changes to the company in the next 30 days, and spoke about efforts to help make Breckenridge a greener town. Council thanked him for his work. Mr. Eli Pace, the Summit Daily Breckenridge reporter, introduced the new SDN Editor, Nicole Miller. Mr. Pace stated he will be going to work for a newspaper in Granby. Council thanked Mr. Pace for his work. There were no additional comments and Citizen's Comment was closed.

B) BRECKENRIDGE TOURISM OFFICE UPDATE Ms. Lucy Kay, Director of the BTO, thanked Mr. Pace for his work. She stated the Annual Meeting will take place tomorrow at the Speakeasy, and there will be no new board members this year. Ms. Kay stated that on Monday she addressed a group about Western Region Tourism Management and presented the process for tourism management in Breckenridge. She stated other communities were impressed by our plan. Ms. Kay spoke about occupancy in Town and stated September is up in occupancy fairly significantly. Also, the BTO has have hired Casey Willis as a new Events Manager, and has a good pool of candidates for the Events Director. Ms. Kay stated the BTO hosted a good German FAM, and the Summer Solstice Weather Summit will be in partnership with the Resort, and should get good national press.

V) CONTINUED BUSINESS A) SECOND READING OF COUNCIL BILLS, SERIES 2019 - PUBLIC HEARINGS 1) COUNCIL BILL NO. 12, SERIES 2019 - AN ORDINANCE APPROVING A

FRANCHISE AGREEMENT BETWEEN THE TOWN OF BRECKENRIDGE AND ALLO COMMUNICATIONS, LLC, A NEBRASKA LIMITED LIABILITY COMPANY

Mayor Mamula read the title into the minutes. Mr. Berry stated there were no changes to this ordinance from first reading, but there were several changes to the franchise agreement, which can be found in the agenda packet. Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed. Mr. Bergeron moved to approve COUNCIL BILL NO. 12, SERIES 2019 - AN ORDINANCE APPROVING A FRANCHISE AGREEMENT BETWEEN THE

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TOWN OF BRECKENRIDGE AND ALLO COMMUNICATIONS, LLC, A NEBRASKA LIMITED LIABILITY COMPANY. Ms. Wolfe seconded the motion. The motion passed 6-0. Mr. Carleton was absent.

2) COUNCIL BILL NO. 13, SERIES 2019 - AN ORDINANCE APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH LH MOUNTAIN VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY

Mayor Mamula read the title into the minutes. Ms. Julia Puester stated changes to this ordinance from first reading include adding references to the average AMI, and using a Summit County Housing formula for calculation. Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed. Mr. Bergeron moved to approve COUNCIL BILL NO. 13, SERIES 2019 - AN ORDINANCE APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH LH MOUNTAIN VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY. Mr. Gallagher seconded the motion. The motion passed 6-0. Mr. Carleton was absent.

VI) NEW BUSINESS

A) FIRST READING OF COUNCIL BILLS, SERIES 2019 - None

B) RESOLUTIONS, SERIES 2019 - None

C) OTHER

VII) PLANNING MATTERS A) PLANNING COMMISSION DECISIONS

Mayor Mamula declared the Planning Commission Decisions would stand approved as presented.

VIII) REPORT OF TOWN MANAGER AND STAFF

Reports of Town Manager and Staff were covered in the afternoon work session.

IX) REPORT OF MAYOR AND COUNCIL MEMBERS Reports of the Mayor and Council Members were covered in the afternoon work session.

X) OTHER MATTERS

Ms. Owens stated she attended the Zero Waste meeting this week, and their big focus is composting first, and they are looking to expand this effort with the help of the restaurant community. She further stated the group is looking for input from the restaurants about pickup and locations. Ms. Gigliello asked if there is room in the enclosures for food waste composting. Staff expressed there is not room at this time, and odor may be a problem. Mr. Bergeron asked Mr. Scott Reid to update the “muddy meters” on the trails, and Mr. Reid explained those are to be moved by trail users. Mayor Mamula asked about trails that have significant damage due to conditions, and Mr. Reid stated they are trying to control the environment after the fact, which is more effective. Mayor Mamula stated we still need more trash cans along the Riverwalk. Mr. James Phelps stated they just received more and will put more out. Ms. Gigliello asked about taking off the tarp on the way into town. Staff stated they will do that now that it’s summer.

XI) SCHEDULED MEETINGS A) SCHEDULED MEETINGS FOR MAY, JUNE & JULY

XII) ADJOURNMENT With no further business to discuss, the meeting adjourned at 7:27pm. Submitted by Helen Cospolich, CMC, Town Clerk.

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ATTEST: _______________________________ _________________________________ Helen Cospolich, CMC, Town Clerk Eric S. Mamula, Mayor

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Memo To: Breckenridge Town Council Members

From: Mark Johnston, Public Works Assistant Director

Date: 6/19/2019

Subject: Trash Enclosures Ordinance Update First Reading

Staff has worked to update the Town’s Trash Enclosures ordinance to reflect recent changes to the program. The most significant changes to be noted included changes to grease recycling, prohibiting the disposal of hot ashes, and increased enforcement mechanisms. In addition, if approved, the ordinance would now allow for the construction of a private trash enclosure in the commercial shared trash enclosure geographic area with approval from the Community Development Department.

Staff will be present if you have any questions regarding the proposed changes.

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FOR WORKSESSION/FIRST READING – June 25 1

2 COUNCIL BILL NO. ___ 3

4 Series 2019 5

6 AN ORDINANCE REPEALING AND READOPTING WITH CHANGES CHAPTER 6 OF 7

TITLE 5 OF THE BRECKENRIDGE TOWN CODE ENTITLED “TRASH ENCLOSURES”; 8 AND MAKING CONFIRMING AMENDMENTS TO THE BRECKENRIDGE TOWN CODE 9

10 BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, 11 COLORADO: 12 13

Section 1. Title 5, chapter 6 of the Breckenridge Town Code is repealed and readopted 14 with changes to read as follows: 15

16 Chapter 6 17

18 TRASH ENCLOSURES 19

20 SECTION: 21 22 Part A – General Provisions 23 24 5-6-1: Legislative Intent 25 5-6-2: Definitions 26 27 Part B – Private Trash Enclosures 28 29 5-6-3: Unlawful To Construct Private Trash Approval Without Town Approval 30 5-6-4: Specifications For Approved Private Trash Enclosure 31 5-6-5: Allowed Use Of Private Trash Enclosure 32 5-6-6: Misuse of Private Trash Enclosure 33 5-6-7: Maintenance Of Private Trash Enclosure 34 5-6-8: Compliance With Chapter Required; When 35 36 Part C – Commercial Shared Trash Enclosures 37 38 5-6-9: Allowed Use Of Commercial Shared Trash Enclosure 39 5-6-10: Misuse of Commercial Shared Trash Enclosure 40 41 Part D- Penalty 42 43 5-6-11: Penalty 44 45

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Part A – General Provisions 1 2 5-6-1: LEGISLATIVE INTENT: 3 4 The purpose of this chapter is to protect the public health, safety and welfare by regulating trash 5 enclosures, including trash dumpsters and compactors. The requirements of this chapter are 6 intended to help prevent: a) conditions that may result in the harboring of undesirable pests and 7 rodents, b) conditions which are unsightly and therefore detract from the aesthetic appearance of 8 the community and may affect the value of real property, and c) conditions which may otherwise 9 constitute a safety hazard. The requirements of this chapter are further intended to further the 10 town’s goal of encouraging recycling within the town. 11 12 5-6-2: DEFINITIONS: 13 14 As used in this chapter, unless the context clearly requires otherwise: 15 16 APPROVED PRIVATE TRASH ENCLOSURE: A private trash enclosure that meets the 17 specifications of section 5-6-4 and has been approved by the town pursuant to title 9, chapter 1 of 18 this code. 19 20 COOKING GREASE OR GREASE: Any residual animal or other fat remaining after food is 21 fried as part of the food preparation process. 22 23 COMMERCIAL SHARED TRASH ENCLOSURE: A trash enclosure owned or under the 24 control of the town. A commercial shared trash enclosure shall include either a trash dumpster or 25 a trash compactor, as determined by the director. 26 27 DIRECTOR: The director of public works of the town, or such person’s designee acting pursuant 28 to section 1-7-2B of this code. 29 30 NONCONFORMING PRIVATE TRASH ENCLOSURE: A private trash enclosure that has not 31 been approved by the town pursuant to title 9, chapter 1 of this code. 32 33 PRIVATE TRASH ENCLOSURE: A trash enclosure that is owned by any person other that the 34 Town. A private trash enclosure may be used by one user or may be shared by multiple users. A 35 private trash enclosure may include a trash dumpster, trash compactor, or other trash receptacles 36 such as carts or cans. A private trash enclosure may be an approved private trash enclosure or a 37 nonconforming private trash enclosure. 38 39 RECYCLABLE MATERIALS: Has the meaning provided in section 4-16-5 of this code. 40 41 REFUSE: Has the meaning provided in section 9-1-5 of this code. 42 43 TRASH COMPACTOR: A device that compresses refuse into small bundles for easy disposal. 44 45

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TRASH DUMPSTER: A metal refuse container which is designed to be emptied on site by a 1 specifically equipped refuse or recycling collection truck. 2 3 TRASH ENCLOSURE: A structure used to temporarily store refuse and recyclable materials 4 until they are removed from the site. A trash enclosure may be a private trash enclosure or a 5 commercial shared trash enclosure. 6 7 Part B – Private Trash Enclosures 8 9 5-6-3: UNLAWFUL TO CONSTRUCT PRIVATE TRASH ENCLOSURE WITHOUT 10 TOWN APPROVAL: It is unlawful for any person to construct a private trash enclosure 11 without a development permit issued by the town pursuant of title 9, chapter 1 of this code. 12 13 5-6-4: SPECIFICATIONS FOR APPROVED PRIVATE TRASH ENCLOSURE: An 14 approved private trash enclosure shall meet the following specifications: 15 16

A. The enclosure shall have a roof designed to support snow load as required by the 17 Town’s building and technical codes adopted by reference in title 8, chapter 1 of this code, or as 18 otherwise approved by the town’s building official. The roof shall be reinforced so that contact 19 with the enclosure during refuse removal will not damage the roof, structure, or veneer of the 20 enclosure. 21 22

B. Collection access to the enclosure must be screened in a manner meeting the 23 following specifications: 24 25

1. Collection access opening within the historic district shall be a maximum of nine feet 26 (9') in height; access opening outside the historic district shall be a minimum of nine feet 27 (9') in height, or as approved by the director of the department of community 28 development. 29 2. Collection access opening width shall be a minimum of twelve feet (12'). Where steel 30 supports the structure and the gates, the access opening width can be reduced to ten feet 31 (10'). 32 3. Swinging gates shall have eight inches (8") minimum clearance above the ground. 33 Devices shall be installed to prevent gates from swinging into the trash enclosure, and to 34 secure the gates open during refuse collection. 35

36 C. A thirty six inch (36") minimum width access opening for pedestrians shall be 37

included in the enclosure design. 38 39 D. The design, color and materials of the enclosure shall be architecturally compatible 40

with that of principal structures. Where an enclosure is located within the historic district 41 boundaries, architectural design shall comply with the most current edition of the “Handbook Of 42 Design Standards For The Historic And Conservation Districts.” 43 44

E. Ventilation shall be provided. Nonmechanical ventilation is acceptable. 45 46

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F. If a trash dumpster is to be located in the trash enclosure, an acceptable mechanism to 1 limit dumpster movement is required. 2 3

G. A storage area for recyclable materials shall be provided. The recycling area shall 4 provide containers for material separation and be protected under a roof. The minimum required 5 size of the recycling storage area shall be based on a recycling program to be submitted by the 6 applicant and approved by the director. 7 8

H. It is recommended that new construction incorporate the trash enclosure into the 9 principal structure. 10 11

I. The rehabilitation of historic sheds as trash enclosures is encouraged. 12 13 5-6-5: ALLOWED USE OF PRIVATE TRASH ENCLOSURE: 14 15

A. Except as provided in subsections B and C, all private trash enclosures are for the 16 collection and storage of refuse and recyclable materials only. It shall be unlawful for any person 17 to use, or to permit the use of, a private trash enclosure for any other purpose. 18 19

B. It is not a violation of subsection A if: (i) grease from a commercial business is stored 20 in a private trash enclosure; provided that such grease shall only be disposed of by a licensed 21 grease hauler; or (ii) grease from a private residence is placed back in its original container, 22 properly resealed, and placed in a private trash enclosure pending removal by the trash hauler. 23 24

C. It is not a violation of subsection A if space within a private trash enclosure is utilized 25 for storage of personal property if such storage does not interfere with the allowed use of the 26 private trash enclosure as set forth in subsection A. 27 28 5-6-6: MISUSE OF PRIVATE TRASH ENCLOSURE: Any person who does any of the 29 following acts commits the offense of misuse of a private trash enclosure: 30 31

1. Deposits hot ashes within a private trash enclosure; or 32 33

2. Deposits grease within a private trash enclosure. 34 35 5-6-7: MAINTENANCE OF PRIVATE TRASH ENCLOSURE: 36 37

A. All private trash enclosures shall be structurally sound, maintained in good repair and 38 kept clear of snow and ice. No private trash enclosure shall constitute a hazard to safety, health, 39 or public welfare by reason of inadequate maintenance or dilapidation. 40 41

B. The exterior surfaces of all private trash enclosures shall be kept neatly painted and 42 clean at all times. In addition to other remedies provided for in this chapter and code, the town 43 shall have the authority to order the painting, repainting, staining, repair, maintenance, or 44 removal of all trash enclosures which have become dilapidated or a hazard to safety, health, or 45 public welfare. 46

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1 C. If a condition described in subsection B is determined by the director to exist, the 2

director shall give notice thereof by certified mail, return receipt requested, to the owner of such 3 private trash enclosure at the address of the property on which the enclosure is located, or such 4 other address as the director may have. If, within fifteen (15) days from service of the notice, or 5 such additional time as the director may permit, the director’s order is not complied with, the 6 condition shall be deemed to be a nuisance and may be abated as provided in chapter 1 of this 7 title. In the event of a judicial decision that a nuisance exists, the court as part of its penalty may 8 order the painting, repainting, repair, maintenance or removal of the private trash enclosure, and 9 the cost thereof shall be paid by the owner of the trash enclosure. 10 11 5-6-8: COMPLIANCE WITH CHAPTER REQUIRED; WHEN: 12 13

A. An approved private trash enclosure shall be provided as follows: 14 15 1. Concurrently with any new development or further development of any existing site 16 proposing use of a trash enclosure that requires the issuance of a class A, B, or C 17 development permit; 18

19 2. At the time of the structural repair or alteration of a nonconforming private trash 20 enclosure; or 21

22 3. At the time of installation of an additional trash enclosure on a developed site. 23

24 B. An approved private trash enclosure shall be provided on newly annexed property 25

within two (2) years following the effective date of the annexation, or as otherwise provided in 26 the annexation ordinance for such property. 27

28 Part C – Commercial Shared Trash Enclosures 29 30 5-6-9: ALLOWED USE OF COMMERCIAL SHARED TRASH ENCLOSURE: 31 32

A. A commercial shared trash enclosure may only be used for the temporary collection 33 and storage of refuse, including recycling materials, by persons located in the geographic area to 34 be served by such enclosure. 35 36

B. Nothing in this Section prohibits a person from constructing an approved private trash 37 enclosure upon such person’s property (and not upon public property); provided that legal 38 vehicular access for waste collection is available. All necessary development and building 39 permits must be obtained prior to the construction of the approved private trash enclosure. 40 41 5-6-10: MISUSE OF COMMERCIAL SHARED TRASH ENCLOSURE: 42 43

A. Any person who does any of the following acts commits the offense of misuse of a 44 commercial shared trash enclosure: 45 46

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1. Deposits, throws, or leaves anywhere within a commercial shared trash enclosure any 1 item that is not refuse as defined in Section 5-6-2. 2

3 2. Deposits, throws, or leaves any refuse in a commercial shared trash enclosure if such 4 person does not reside or is not temporarily staying in the geographic area to be served by 5 such enclosure. 6

7 3. Deposits, throws, or leaves any refuse anywhere within a commercial shared trash 8 enclosure, except within the commercial shared trash enclosure itself; 9 10 4. Deposits, throws, or leaves any refuse within ten feet (10’) of the exterior wall of a 11 commercial shared trash enclosure; 12

13 5. Deposits hot ashes within a commercial shared trash enclosure. 14

15 6. Deposits grease within a commercial shared trash enclosure. 16 17 7. Places any recyclable material in a recycling container within a commercial shared 18 trash enclosure that is clearly indicated by signage or labeling as being intended to 19 contain only other types of recyclable materials. 20 21 B. An employer is legally accountable under this section for the conduct of his or her 22

employees that violates the provisions of this section if such conduct occurs in the course and 23 scope of such employment. It shall be presumed that such conduct was caused to be done, 24 requested, commanded, or authorized by the employer as part of the employee’s duties. 25 26 Part D – Penalties 27 28 5-6-10: PENALTY: 29 30 Any person convicted of violating any provision of this chapter shall be punished as provided in 31 title 1, chapter 4 of this code. In addition to other remedies available to the town, the town may 32 commence an action pursuant to section 1-8-10 of this code to enjoin the alleged violation of any 33 provision of this chapter. 34 35

Section 2. Section 5-2-2A of the Breckenridge Town Code is amended to read as follows: 36 37

A. Except when placed for curbside pickup in accordance with subsection B of 38 this section, all garbage that is placed, stored, or kept outside of a building, 39 structure, or an “approved private trash enclosure” as defined in section 5-6-2 of 40 this title, shall be kept in an outdoor garbage receptacle with a properly secured 41 lid. 42 43 Section 3. Section 5-2-2C of the Breckenridge Town Code is amended to read as follows: 44

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C. The provisions of this section shall not apply to: 1) a receptacle maintained by 1 a business that is: a) primarily intended as a convenience for use by the customers 2 of the business (and not the business itself); b) designed in such a manner as to 3 discourage wildlife from getting into the receptacle; and c) emptied on a daily 4 basis; or 2) rubbish, including, but not limited to, recyclable material as defined in 5 section 4-16-5 of this code, that is placed at the curbside for pick up by a trash 6 collector. 7

8 Section 4. Section 5-2-7 of the Breckenridge Town Code is deleted. 9

10 Section 5. Section 6-3H-5C of the Breckenridge Town Code is amended to read as 11

follows: 12 13

C. Between the hours of four o’clock (4:00) A.M. and ten o’clock (10:00) A.M. of 14 the same day, it shall be lawful to operate or park a motor vehicle within the 15 Riverwalk for the limited purposes of: 1) removing refuse from a trash enclosures 16 or properties located adjacent to the Riverwalk; 2) making deliveries of 17 merchandise to or picking up merchandise from commercial establishments 18 located immediately adjacent to the Riverwalk. 19

20 Section 6. The definition of “Approved Trash Dumpster Enclosure” in section 9-1-5 of 21

the Breckenridge Town Code is repealed and replaced with the following new definition: 22 23

APPROVED PRIVATE TRASH ENCLOSURE: Has the meaning provided in 24 section 5-6-2 of this code. 25

26 Section 7. Item N under the definition of “Class D Minor” in section 9-1-5 of the 27

Breckenridge Town Code is amended to read as follows: 28 29

N. Construction of approved private trash enclosure or conversion of 30 nonconforming private trash enclosure to approved private trash enclosure. 31

32 Section 8. Section 9-1-5 of the Breckenridge Town Code is amended by the addition of 33

the following definition: 34 35

RECYCLABLE MATERIAL: Has the meaning provided in section 4-6-15 of this 36 code. 37

38 Section 9. The definition of “Refuse” in section 9-1-5 of the Breckenridge Town Code is 39

amended to read as follows: 40 41

REFUSE: All forms of solid waste, including garbage, rubbish, trash, recyclable 42 and similar material, but excluding waste grease. 43

44 Section 10. Except as specifically amended hereby, the Breckenridge Town Code, and 45

the various secondary codes adopted by reference therein, shall continue in full force and effect. 46

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1 Section 11. The Town Council hereby finds, determines and declares that this ordinance 2

is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and 3 improve the order, comfort and convenience of the Town of Breckenridge and the inhabitants 4 thereof. 5 6

Section 12. The Town Council hereby finds, determines and declares that it has the 7 power to adopt this ordinance pursuant to the authority granted to home rule municipalities by 8 Article XX of the Colorado Constitution and the powers contained in the Breckenridge Town 9 Charter. 10 11

Section 13. This ordinance shall be published and become effective as provided by 12 Section 5.9 of the Breckenridge Town Charter. 13 14 INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED 15 PUBLISHED IN FULL this ____ day of _____, 2019. A Public Hearing shall be held at the 16 regular meeting of the Town Council of the Town of Breckenridge, Colorado on the ___ day of 17 ____, 2019, at 7:00 P.M., or as soon thereafter as possible in the Municipal Building of the 18 Town. 19 20

TOWN OF BRECKENRIDGE, a Colorado 21 municipal corporation 22 23 24 25 By: ______________________________ 26 Eric S. Mamula, Mayor 27 28 ATTEST: 29 30 31 32 _________________________ 33 Helen Cospolich, CMC, 34 Town Clerk 35 36 37 38 39 40 41 42 43 44 45 46 500-405\Trash Enclosure Ordinance (03-28-19)(First Reading) 47

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From: Rick Holman, Town Manager

Date: 6/18/2019

Subject: Resolution to Approve IGA with County and Towns Regarding the Implementation of Fire Restrictions

Over this past winter the Towns/County Managers have been working with the County Emergency Manager to design a set of fire restrictions that all the entities can agree upon. One of the problems in the past were inconsistencies in the different restrictions put in place by jurisdictions during a Stage 1 or Stage 2 fire restriction. All of the entities have agreed to a standard set of restrictions and those restrictions are memorialized in the attached Intergovernmental Agreement and Exhibits. Staff is asking the Town Council to adopt a resolution that will allow the Town Manager to sign this IGA Regarding the Implementation of Fire Restrictions in Summit County. This IGA provides for the County to notify each of the Towns within 24 hours when they go into fire restrictions. The Towns may then decide to go into those same restrictions. It is our hope that this will send a clearer message to the residents and guests of the County and Towns on what is or is not allowed during those times of fire restrictions as we would all be communicating the same message. I will address any questions you may have at the work session.

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FOR WORKSESSION/ADOPTION – JUNE 25 1 2

RESOLUTION NO. _____ 3 4

SERIES 2019 5 6

A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH 7 SUMMIT COUNTY GOVERNMENT AND THE TOWNS OF BLUE RIVER, DILLON, 8

FRISCO, MONTEZUMA AND SILVERTHORNE REGARDING THE IMPLEMENTATION 9 OF FIRE RESTRICTIONS IN SUMMIT COUNTY, COLORADO 10

11 WHEREAS, fire restrictions are necessary to protect the public health, safety and welfare 12

of all of the residents of Summit County; and 13 14 WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution and Part 2, 15

Article 1, Title 29, C.R.S., encourage and authorize the use of intergovernmental agreements for 16 the efficient and economical provision of governmental services; and 17

18 WHEREAS, §30-15-401(1)(n.5) and (n.7), C.R.S., and § 31-15-601(1)(j) C.R.S. grant 19

local governments the authority to ban open fires and fireworks to a degree and manner deemed 20 necessary to reduce the danger of wildfires; and 21 22

WHEREAS, Summit County Government and the Towns of Breckenridge, Blue River, 23 Dillon, Frisco, Montezuma, and Silverthorne believe that the cooperative regulation of 24 implementing fire restrictions in their respective jurisdictions will provide an efficient and 25 effective means of implementing and enforcing said restrictions; and 26

27 WHEREAS, a proposed “Intergovernmental Agreement Regarding the Implementation 28 of Fire Restrictions in Summit County, Colorado” between the Town, Summit County 29 Government, and the Towns of Blue River, Dillon, Frisco, Montezuma, and Silverthorne has 30 been prepared, a copy of which is marked Exhibit “A”, attached hereto, and incorporated herein 31 by reference; and 32 33 WHEREAS, the Town Council has reviewed the proposed intergovernmental agreement 34 and finds and determines that it would be in the best interest of the Town to enter into such 35 agreement. 36

37 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF 38 BRECKENRIDGE, COLORADO, as follows: 39 40 Section 1. The “Intergovernmental Agreement Regarding the Implementation of Fire 41 Restrictions in Summit County, Colorado” between the Town, Summit County Government, and 42 the Towns of Blue River, Dillon, Frisco, Montezuma, and Silverthorne (Exhibit “A” hereto) is 43 approved, and the Town Manager is authorized, empowered, and directed to execute such 44 agreement for and on behalf of the Town of Breckenridge. 45

. 46 16

1 Section 2. This resolution is effective upon adoption. 2 3 RESOLUTION APPROVED AND ADOPTED this ___ day of ___, 2019. 4

5 TOWN OF BRECKENRIDGE 6 7 8 9 By:________________________________ 10 Eric S. Mamula, Mayor 11 12 ATTEST: 13 14 15 16 _______________________ 17 Helen Cospolich, CMC, 18 Town Clerk 19 20 APPROVED IN FORM 21 22 23 24 _____________________________ 25 Town Attorney Date 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 800-125\Resolution (06-11-19) 53 54

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Implementation of Fire Restrictions

Intergovernmental Agreement

Page 1 of 5

INTERGOVERNMENTAL AGREEMENT

REGARDING THE IMPLEMENTATION OF FIRE RESTRICTIONS IN SUMMIT COUNTY, COLORADO

This Intergovernmental Agreement Regarding the Implementation of Fire

Restrictions in Summit County, Colorado (“IGA”), is hereby made and entered into this ____day of _________, 2019, by and between the Towns of Breckenridge, Blue River, Dillon, Frisco, Montezuma and Silverthorne (the “Towns”) and Summit County Government (the

“County”) regarding the implementation of fire restrictions in Summit County, Colorado. The Towns and County shall hereafter be referred to together as the “Parties,” or individually as a

“Party.”

RECITALS

WHEREAS, fire restrictions are necessary to protect the public health, safety and welfare

of the residents of Summit County;

WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution and Part 2, Article

1, Title 29, C.R.S., encourage and authorize the use of intergovernmental agreements for the efficient and economical provision of governmental services;

WHEREAS, the State of Colorado has by statute expressly granted the Parties authority to ban open fires and fireworks to a degree and manner it deems necessary to reduce the danger of wildfires § 30-15-401(1)(n.5) and (n.7), C.R.S., § 31-15-601(1)(j) C.R.S.;

WHEREAS, the Parties believe that the cooperative regulation of implementing fire

restrictions in their respective municipalities will provide an efficient and effective means of implementing and enforcing said restrictions.

NOW, THEREFORE, in consideration of the premises and of the respective covenants and undertakings of the parties hereto, the Parties agree as follows:

A. Purpose. The purpose of this IGA is to memorialize the Parties’ agreement to cooperate in the development and implementation of uniform fire restrictions in Summit County and the Towns. The County and Towns reserve the right to enter and exit fire restrictions at their sole discretion.

B. Fire Restriction Process. The County will use the criteria and process attached hereto as

Exhibit A and incorporated herein by this reference, to determine when conditions warrant entering Stage 1 or Stage 2 Fire Restrictions. Should more information be needed to make a determination, the County may also use the criteria and process attached hereto as Exhibit B and incorporated

herein by this reference, to determine when conditions warrant entering Stage 1 or Stage 2 Fire Restrictions.

When the County enters Stage 1 Fire Restrictions, notice will be given within 24 hours to the Towns. The Towns, at their discretion, may then enter into Stage 1 Restrictions as well, following

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Page 2 of 5

any required processes for the implementation. Stage 1 permitted and prohibited activ ities are

further outlined in Exhibit C.

When the County is in Stage 1 Fire Restrictions and enters Stage 2 Fire Restrictions, notice will be given within 24 hours to the Towns. The Towns, at their discretion, may then enter into Stage 2 Restrictions as well, following any required processes for the implementation. Stage 2 prohibited

activities are further outlined in Exhibit C. Any changes to Exhibit C shall be made by mutual agreement between the Parties and then

incorporated into this Agreement.

C. Adoption of Ordinances or Resolutions. The Parties shall each consider the adoption of such ordinances or resolutions as may be necessary to implement the intent and provisions of this IGA. Each Party reserves the right to adopt such ordinances, rules or regulations as it may deem

appropriate or necessary, in its sole discretion. D. Participation. The Parties agree that participation in this IGA is voluntary. The Parties may

withdraw from this IGA at any time.

E. General Provisions.

1. Entire Agreement. This IGA constitutes the entire agreement and understanding between

the Parties on the subject matter hereof, and supersedes any prior agreements or understandings relating to the subject matter of this IGA, except for other written agreements and understandings referred to herein.

2. Modifications. No modification or waiver of this IGA, or modification of any covenant,

condition, or provision herein contained, shall be valid unless said modification is approved by each of the Parties in writing.

3. Severability. All agreements and covenants contained herein are severable, and in the event that any such agreement or covenant is held invalid, by a court of competent jurisdiction, this IGA shall be interpreted as if such invalid agreement or covenant were not contained herein.

4. Third Party Beneficiaries. It is expressly understood and agreed that enforcement of the

terms and conditions of this IGA, and all rights and actions relating to such enforcement shall be

strictly reserved to the Parties and nothing contained in this IGA shall give or allow any such claim or right of action by any other or third person. It is the express intention of the Parties that any

person or entity other than the Parties receiving services or benefits arising from the performance of this IGA shall be deemed to be an incidental beneficiary only.

5. Applicable Law; Governing Law; Venue. The Parties shall endeavor to adhere to all applicable federal, state, and local laws, rules, and regulations that have been or may hereafter be established. This IGA shall be interpreted in all respects in accordance with the laws of the State of

Colorado. Venue for any action concerning this IGA or the matters provided for herein shall be proper solely in the Summit County District Court.

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Page 3 of 5

6. Governmental Immunity. No Party hereto intends to waive, expressly or implicitly, by any provision of this IGA, the monetary limits or any other rights, immunities and protections provided

by the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as amended from time to time, or any other privilege or immunity provided by law.

7. Appropriation of Funds.

a. Notwithstanding anything herein to the contrary, the obligations of each individual

Party under this IGA shall be, where appropriate, subject to the annual appropriation, by that Party’s governing body, of funds sufficient to meet those obligations provided herein. In the

event that sufficient funds are not so appropriated by any Party, as required hereunder, this IGA may be terminated by any Party. Upon the termination of this IGA by one Party, this IGA shall continue as to the other Parties, unless otherwise agreed by the other Parties.

b. No obligation provided in this IGA is intended to or shall be interpreted to constitute a

multiple year direct or indirect debt or other financial obligation whatsoever within the

meaning of the Constitution or laws of the State of Colorado.

8. Obligations. Except as otherwise stated herein, each Party is required to carry out and perform all the obligations of a Party under this IGA independently of the actions of any and all other Parties. No Party shall be responsible or liable for the failure of any other Party to perform

its obligations herein. 9. Waiver. The failure of any Party to exercise any of its rights under this IGA shall not be

deemed to be a waiver of any rights provided for under this IGA.

10. Attorney's Fees. If an action is brought to enforce this IGA, the prevailing party shall be entitled to reasonable attorney's fees and costs.

11. Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this IGA.

12. Binding Effect. This Agreement is binding upon and inures to the benefit of the Parties and their respective successor governing boards.

13. Approval by Governing Boards or other Authority. In accordance with Section 29-1-203(1), C.R.S., this IGA will not become effective unless and until it has been approved by the

governing bodies of each of the Towns and the County, or by such persons as has the power to approve this IGA on behalf of each of the Towns and the County.

14. Counterparts. This IGA may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

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Page 4 of 5

[INTENTIONALLY LEFT BLANK]

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Page 5 of 5

IN WITNESS WHEREOF, the Parties hereto, through their authorized representative,

have executed this Intergovernmental Agreement Regarding the Implementation of Fire Restrictions in Summit County, Colorado effective on the date first written above.

BOARD OF COUNTY COMMISSIONERS TOWN OF BRECKENRIDGE, SUMMIT COUNTY, COLORADO COLORADO

________________________________ __________________________________

By: Scott Vargo, County Manager By: Rick G. Holman, Town Manager

TOWN OF DILLON, COLORADO TOWN OF FRISCO, COLORADO

________________________________ __________________________________ By: Tom Acre, Town Manager By: Nancy Kerry, Town Manager

TOWN OF SILVERTHORNE, COLORADO TOWN OF BLUE RIVER, COLORADO

________________________________ ________________________________

By: Ryan Hyland, Town Manager By: Michelle Eddy, Town Manager

TOWN OF MONTEZUMA, COLORADO

________________________________ By: Lesley Davis, Mayor

22

PROCESS FOR IMPLEMENTING FIRE RESTRICTIONS

High human Caused Risk may include Holidays, Special Events or High Visitation levels to certainareas

Stage III-Area Closures are extremely rare events, and will only be implemented in extraordinarysituations after significant interagency coordination.

ERC 90-96% LAST 5 DAYS WITH REPRESENTATIVE SIG GROUPS HIGH HUMAN CAUSED RISK

LIVE FUEL MOISTURES ARE AT OR APPROACHING HISTORICTHRESHOLDS

NO SIGNIFICANT RELIEF IN FIRE WEATHER FORECAST DURINGTHE NEXT 7 DAYS

ERC GREATER THAN 97% LAST 5 DAYS WITH REPRESENTATIVESIG GROUPS

HIGH HUMAN CAUSED RISK LIVE FUEL MOISTURES WELL BELOW HISTORIC THRESHOLDS NO SIGNIFICANT RELIEF IN FIRE WEATHER FORECAST DURING

THE NEXT 7 DAYS

ALL CRITERIA ARE MET, IMPLEMENT

STAGE I RESTRICTIONS

THREE ELEMENTS ARE PRESENT, STRONGLY CONSIDER STAGE I

RESTRICTIONS.

LESS THAN THREE ELEMENTS ARE

PRESENT, NO FIRE RESTRICTIONS

ALL CRITERIA ARE MET, IMPLEMENT

STAGE II RESTRICTIONS

THREE ELEMENTS ARE

PRESENT, STRONGLY

CONSIDER STAGE II

RESTRICTIONS.

LESS THAN THREE ELEMENTS ARE

PRESENT, REMAIN AT STAGE I

RESTRICTIONS

Exhibit A Fire IGA

23

Exhibit B Fire IGA

Summit County Board of County Commissioners Fire Restriction Reference

STAGE 1

STAGE 2

STAGE 3

FOUR OR MORE ELEMENTS PRESENT, STRONGLY CONSIDER


THREE ELEMENTS PRESENT, CONSIDER


NO ELEMENTS PRESENT, NO FIRE

RESTRICTIONS

HUMAN CAUSED RISK IS MODERATE OR HIGH OVER THE NEXT 14 DAYS (May include Holidays, Special Events or High Visitation levels to certain areas)

REGIONAL PREPAREDNESS LEVEL

LIVE FUEL MOISTURES ARE AT OR APPROACHING HISTORIC THRESHOLDS

NO SIGNIFICANT RELIEF IN FIRE WEATHER FORECAST DURING THE NEXT 7 DAYS

AN ENERGY RELEASE COMPONENT (ERC) OF 80% OR GREATER TRENDING UPWARDS WITH REPRESENTATIVE SPECIFIC FUEL MODELS

AN ADJECTIVE RATING OF MODERATE OR HIGHER BY LOCAL FIRE AGENCIES

HUMAN CAUSED RISK IS HIGH OR EXTREME OVER THE NEXT 14 DAYS (May include Holidays, Special Events or High Visitation levels to certain areas)

REGIONAL PREPAREDNESS LEVEL OF 5

LIVE FUEL MOISTURES WELL BELOW HISTORIC THRESHOLDS

NO SIGNIFICANT RELIEF IN FIRE WEATHER FORECAST DURING THE NEXT 7 DAYS

AN ENERGY RELEASE COMPONENT (ERC) GREATER THAN 90% TRENDING UPWARDS WITH REPRESENTATIVE SPECIFIC FUEL MODELS

AN ADJECTIVE RATING OF VERY HIGH BY LOCAL FIRE AGENCIES

FOUR OR MORE ELEMENTS PRESENT, STRONGLY CONSIDER

STAGE II RESTRICTIONS

THREE ELEMENTS PRESENT, CONSIDER

STAGE II RESTRICTIONS.

NO ELEMENTS PRESENT, REMAIN AT STAGE I RESTRICTIONS

AREA CLOSURES ARE EXTREMELY RARE EVENTS, AND WILL ONLY BE IMPLEMENTED IN EXTRAORDINARY SITUATIONS AFTER SIGNIFICANT INTERAGENCY COORDINATION 24

Exhibit C Fire IGA

STAGE 1 FIRE RESTRICTIONS

Permitted Activities: During Stage 1 Fire Restrictions, to reduce the danger of wildfires, only open fires and activities that meet the following criteria are permitted:

1. Fires on private property will be allowed under Stage 1 Restrictions under the following

conditions:

a. The fire is contained to a commercially designed and manufactured outdoor fireplace or

portable outdoor fireplace (see definitions below) that is assembled, located, and operated

in accordance with the manufacturer's instructions. Any device that meets this criteria will also be equipped with a protective screen that reduces the spread of embers;

b. The area directly underneath the fire is barren;

c. The fire is at least fifteen (15) feet from any flammable material and/or structure; AND

d. The size of the fire is no larger than (3) feet wide and (2) feet tall.

2. Any fire within a designated dispersed camping site or picnic area is permitted, but must be

contained within a permanent metal fire ring.

3. Use of a gas, charcoal and/or wood pellet grill is permitted.

4. Commercial sale of firewood and/or charcoal is permitted.

5. Pile burns with the appropriate permits from the local fire protection district and department of

environmental health are permitted.

6. The occurrence of any permissible fire, as detailed above, must also include the following safety

measures:

a. Be constantly attended by a responsible adult;

b. Be extinguished and cool to the touch prior to leaving unattended;

c. Have available for immediate utilization a minimum of:

i. (1) one portable fire extinguisher with a minimum 2A10BC rating; OR

ii. A minimum 5gallon water container; OR iii. A charged garden hose shall be available for immediate utilization.

7. Any fire contained within a fireplace, stove, wood burning stove, or pellet stove designed for and

25

[2]

located within a fully enclosed permanent structure is permitted.

8. Fires caused or administered by any Federal, State, or local officer or member of an organized

rescue or firefighting force in the performance of an official duty are permitted.

9. Smoking outdoors is permitted so long as the individual is at least (3) feet away from natural

vegetation and/or flammable materials.

10. Operation of a chainsaw is permitted as long as the operator is equipped with a minimum 2A10BC classified dry chemical fire extinguisher available for immediate use.

11. The outdoor use of any open flame torch device is permitted under the following conditions:

a. Device is at least fifteen (15) feet away from natural vegetation and/or flammable

materials; AND

b. A minimum 2A10BC classified dry chemical fire extinguisher is available for immediate use.

12. Inflation or propulsion of a hot air balloon is permitted.

13. Use of an “off-highway vehicle” in compliance with C.R.S. 33-14.5-101 et. seq. and Summit

County Ordinance 2010-09 is permitted.

Prohibited Activities: Any activity or open fire that does not specifically adhere to the criteria listed directly above shall be prohibited during Stage1 Fire Restrictions including, but not limited to the following:

1. The use and/or sale of recreational fireworks and tracer ammunition, including recreational use

of any projectile containing explosive material, incendiary material, or other chemical substance;

2. The use and/or sale of recreational explosives, including explosive targets;

3. Disposal of any burning object outdoors, including without limitation, any cigarette, cigar or

match.

26

[3]

STAGE 2 FIRE RESTRICTIONS

Permitted Activities: During Stage 2 Fire Restrictions, to reduce the danger of wildfires, only open fires and activities that meet the following criteria are permitted.

1. Use of a gas grill is permitted.

2. Any fire contained within a fireplace, stove, wood burning stove, or pellet stove designed for and located within a fully enclosed permanent structure is permitted.

3. Smoking outdoors is permitted so long as the individual is at least (3) feet away from natural

vegetation and/or flammable materials.

4. Operation of a chainsaw is permitted as long as the operator is equipped with a minimum

2A10BC classified dry chemical fire extinguisher available for immediate use.

5. The outdoor use of any open flame torch device is permitted under the following conditions:

a. Device is at least fifteen (15) feet away from natural vegetation and/or flammable materials; AND

b. A minimum 2A10BC classified dry chemical fire extinguisher is available for immediate use.

6. Use of an “off-highway vehicle” is permitted under the following conditions:

a. Off-highway vehicle MUST remain on the surface of a designated “off-highway vehicle

route”; AND

b. If parked:

i. Off-highway vehicle must be located in a barren area within (10) feet of the

designated off-highway vehicle route; AND/OR

ii. Off-highway vehicle must be located in a designated off-highway vehicle “staging

area”.

Prohibited Activities: Any activity or open fire that does not specifically adhere to the criteria listed directly above shall be

prohibited during Stage 2 Fire Restrictions including, but not limited to the following:

1. Fires on private property.

27

[4]

2. Fires in designated dispersed camping or picnic areas.

3. Use of a charcoal and/or wood pellet grill.

4. The use and/or sale of ANY explosives, including explosive targets (commercial applications

will be reviewed on a case by case basis and may receive special permits from the local fire

protection district and Sheriff or local police chief with jurisdiction).

5. Commercial sale of firewood and/or charcoal.

6. Inflation or propulsion of a hot air balloon.

7. Use of any projectile containing explosive material, incendiary material, or other chemical

substance, including tracer ammunition.

8. Any type of fireworks display.

a. This restriction includes previously licensed professional fireworks displays.

9. Pile burns (regardless of previously issued permits by the local fire protection district and

department of environmental health);

10. Operating or using any internal or external combustion engine without a spark arresting device

properly installed, maintained and in effective working order meeting either USDA Forest

Service Standard 5100-1a (as amended) OR appropriate Society of Automotive Engineers (SAE)

recommended practice J335 (b) and J350 (a). 36 CFR § 261.52(j) and 43 CFR § 9212.1(h)

Exemptions will be considered for persons with a permit specifically authorizing the otherwise

prohibited act or any Federal, State, or local officer, or member of an organized rescue or firefighting force in the performance of an official duty.

28

[5]

DEFINITIONS

Barren – an area lacking any type of combustible material and incapable of sustaining fire.

Charcoal Grill – a metal appliance designed to cook food through heat produced by charcoal briquettes. Unlike a gas grill, this device does not have mechanical on/off capabilities.

Designated Dispersed Camping Site – a designated area, located in the backcountry and managed by the

USFS, that is specifically designated for camping and equipped with a metal fire ring. Explosives – a reactive substance that contains a great amount of potential energy that can produce

an explosion if released suddenly, usually accompanied by the production of light, heat, sound, and pressure.

Explosive Target – used for recreational purposes, these reactive targets comprise a combination of oxidizers and a fuel that is supplied as two separate components and mixed together by the user. Once

subjected to the force of a high-velocity bullet impact, an explosion occurs. Fireplace – a fireproof compartment located in a permanent structure that is connected to a chimney that

vents heat and smoke vertically out of the structure. Fireworks – any composition or device designed to produce a visble or audible effect by combustion,

deflagration, or detonation, and that meets the defintion of artlces pyrotechnic, permissible fireworks or display fireworks as defined in C.R.S. § 24-33.5-2001.

Flammable Material – Material that ignites easily and burns rapidly with a flame,

Off-highway Vehicle - any self-propelled vehicle which is designed to travel on wheels or tracks in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes. (C.R.S. 33-14.5-101(3))

Off-highway Staging Area - any parking lot, trail head, or other location to or from which any off-

highway vehicle is transported by truck, trailer, or other motor vehicle so that it may be placed into operation or removed from operation. (C.R.S. 33-14.5-101(7))

Off-highway Vehicle Route - any road, trail, or way owned or managed by the state or any agency or political subdivision thereof or the United States for off-highway vehicle travel. (C.R.S. 33-14.5-101(4))

Permanent Structure – any structure that is designed or intended for support, enclosure, shelter or protection of person, animals or property having a permanent roof that is supported by columns or walls.

Smoking – a practice in which a substance is burned and the resulting smoke is inhaled by an individual.

Stove – a portable or fixed apparatus that furnishes heat for warmth or cooking.

29

https://en.wikipedia.org/wiki/Explosion

https://en.wikipedia.org/wiki/Light

https://en.wikipedia.org/wiki/Heat

https://en.wikipedia.org/wiki/Sound

https://en.wikipedia.org/wiki/Pressure

[6]

Tracer Ammunition – bullets or cannon caliber projectiles that are built with a small pyrotechnic charge

in their base. Ignited by the burning powder, the pyrotechnic composition burns very brightly, making

the projectile trajectory visible to the naked eye.

Wood Pellet Grill – outdoor cookers that combine elements of charcoal smokers, gas grills, and kitchen ovens. Fueled by wood pellets, they utilize an electronic control panel to automatically feed fuel pellets to the fire, regulate the grill’s airflow, and maintain consistent cooking temperatures.

30

1


From: Peter Grosshuesch, Director of Community Development

Date: June 19, 2019

Subject: Planning Commission Decisions of the June 18, 2019 Meeting

DECISIONS FROM THE PLANNING COMMISSION MEETING, June 18, 2019: CLASS A APPLICATIONS: None. CLASS B APPLICATIONS: 1. Cavanaugh Residence, 208 N. Ridge Street, PL-2019-0067. A proposal to construct a new 1,275 sq. ft. residence with two bedrooms and two bathrooms, and a three car subterranean garage. Approved. CLASS C APPLICATIONS: None. TOWN PROJECT HEARINGS: None.

OTHER: None.

31

Town of Breckenridge Date 6/18/2019 Planning Commission Regular Meeting Page 1

PLANNING COMMISSION MEETING The meeting was called to order at 5:40 p.m. by (acting) Chair Schroder. ROLL CALL Christie Mathews-Leidal (present) Jim Lamb (present) Ron Schuman (present) Mike Giller (absent) Steve Gerard (absent) Dan Schroder (present) Lowell Moore (present) APPROVAL OF MINUTES With no changes, the June 4, 2019 Planning Commission Minutes were approved. APPROVAL OF AGENDA With no changes, the June 18, 2019 Planning Commission Agenda was approved. PUBLIC COMMENT ON HISTORIC PRESERVATION ISSUES:

• None WORK SESSIONS: 1. South Gondola Parking Structure, 150 Watson Avenue, PL-2019-0173 Mr. Kulick presented a Work Session to discuss a new public parking structure to be located on the existing South Gondola Lot. The proposed project will provide 688 parking spaces within the structure, plus 255 exterior surface parking spaces, bicycle parking and public restrooms. The proposed structure totals 249,984 sq. ft. and will provide 413 additional spaces beyond the South Gondola Lot’s current capacity. Kirk Taylor with Walker Consultants: Thank you for your continued confidence in Walker and continuing to move forward with this site from the Tiger Dredge project. These are the projects that we love to do. We are excited about your investment and the community impact. As far as the design, we have systematically tried to move it forward and gone through many concepts to get to this point. Construction documents are targeted for late 2019 or early 2020. I know there are some questions regarding the landscape plan. It is in preliminary stage. We still have comments from CDOT and the Town to address. We understand there are adjustments to make. Michael with Walker Consultants presented. Showed renderings. There are new bathrooms planned. A lot more than currently at transit center. Bathrooms are at grade. People need to go to bathroom right away after long drive. Design concept for bathrooms is outbuilding similar to other outbuildings in Town. We have stairs in all four corners to allow for pedestrian activity. Vehicle ramp along Park Ave. Less pedestrian activity. Best location for ramp. Kirk Taylor with Walker Consultants: The intent is to separate vehicle and pedestrian activity. Locating ramp to west side to lead pedestrians to the Blue River, reducing conflicts. Stair elevator core intended to be a beacon and anchor where people want to gravitate to and from. Works well because easily identified from Main Street. Equidistant for connectivity to downtown core and winter ski activities. Bike plaza along Blue River. Materiality: intent with non-natural materials is durability and cost. Don’t want to be cavalier with budget. Those will be dialogs to have as we move forward. Michael with Walker Consultants: Historic mining facilities as precedent for design and style. Took cues from elements. Also cues from industrial buildings outside of the area. Cues from the Breckenridge Welcome Center museum for cross buck and core ten. Cues from existing building in arts district for uneven windows. We haven’t done full analysis but we do have minimum openness for windows. We could make windows

32


smaller if possible. We would be happy to entertain modifications to window designs if needed due to cost. We have 3D forms to break up façade. We brought samples. We are open to reducing cross bracing on West elevation. Agree it looks busy. The following specific questions were asked of the Commission:

1. Does the Commission agree that negative three (-3) points should be awarded for exceeding the 25% threshold for non-natural materials, but not greater than 50%.?

2. Does the Commission agree with staff’s height interpretation?

3. Does Commission have any comments in regard to the project?

Commissioner Questions / Comments: Mr. Schroder: Where would the landscaped pedestrian area that you showed us go? By the river side? (Mr. Kulick: Yes) Where is the entrance to what is currently the Gold Rush Lot? (Ms. Smith, Town Engineer): I don’t think either of those crosswalks (across Park St.) will exist. We need to go back and work on the site plan. Mr. Moore: Is the bridge across the Blue River going to line up with the elevator tower? (Mr. Kulick: Yes. With the height, they were trying to be conscious as they stepped back from the river. They are aware of our height concerns and trying to design with that in mind.) Will the Town be responsible for the parking on the north side? (Mr. Kulick: We have a lease to manage the entire South Gondola Lot.) Mr. Schuman: Is lowering the grade an option in regards to building height? (Kirk with Walker Consultants: Qualitatively, if we look at the southwest portion of site, that is the highest portion of site. 12’ higher than Watson street. It slopes uniformly across site. Parking structure sits halfway across. Structure maintains grade across site. We will go approximately 6’ below grade as it goes across site. We don’t want to go fully below grade because of added design requirements.) Mr. Moore: Is it physically possible to go down? (Kirk with Walker Consultants: We always can, I just don’t think it going to be a direction we want to take. Cost would increase due to water table and required systems. Awaiting geotechnical report.) (Ms. Smith, Town Engineer: Would not be prudent decision for publicly funded project.) Mr. Schroder: Do the stairs track with the levels of the windows in the stairwell? (Kirk with Walker Consultants: Yes.) Mr. Schuman: Pedestrian flow from NE corner elevator location to Watson lot? Where is pedestrian flow from deck to gondola? (Kirk with Walker Consultants: We want them to walk along Blue River not through the parking lanes, but we haven’t designed that yet.) Mr. Schroder: Do we anticipate something happening to transit center? (Ms. Smith, Town Engineer: We are studying that. The challenge is not to disrupt the existing transit. We don’t want them crossing wherever they want. We want pedestrians to cross at one very celebrated crosswalk.) (Michael with Walker Consultants: The goal is to consolidate and separate, to remove different use conflicts from pedestrians.) Mr. Moore: Is there enough room to add more landscaping on walkway on north side of structure? (Kirk with Walker Consultants: Soft “No”. Snow removal is concern. Landscape area will be more problematic for maintenance. Want to separate pedestrian movements from vehicular. Right now it is sidewalk with raised curb, which is better for maintenance.) Ms. Leidel: Regarding roundabout, the people coming in from Frisco will not be able to make a turn? Skier drop-off parking? Walker indicated locations and TBD regarding egress points in relation to roundabout. Don’t know if one lane or two lane roundabout. Comments we have to do more work on. It is evolving. Mr. Moore: Ramp is two way? Walker Consultants: Yes, it is an express ramp.) That will be interesting. (Michael with Walker Consultants: Traffic engineer is working with CDOT. Meetings have gone well. Comments for revisions. To take a step back for a second, Pedestrian and traffic improvements will probably

33


be implemented as a phased approach for 20 year horizon. Questions regarding implementation of different roundabouts in area. Mr. Schroder: I appreciate that siting is equitable for different users. (Michael with Walker Consultants: We looked at multiple footprints, including 90 degrees, closer to park, oriented west, etc.) (Ms. Smith, Town Engineer: Long exercise to get to this point.) (Walker Consultants: This is still going to be a phased approach to build on where we are starting here. It is not likely it will be part of this project but we don’t want to do things that will inhibit future improvements. Ex: Bridge across Blue River. It may look different in future. Some of the parking lots are in flux. We are making decisions that will allow flexibility.) (Mr. Grosshuesch: Alternative locations on the site were having issues with separating pedestrians from vehicles. Primary design principle to create that separation which does not currently exist. Also had issues with stacking. We have pretty good stacking bay with existing plan but not with previous plan.) (Walker Consultants: We didn’t want to have issues with the cue backing up onto road. We wanted that cue to occur on site. Mr. Moore: Now I am more confused. Come in off Watson, pay as you drive south, drive up ramp, and to get out? (Michael with Walker Consultants: We want to avoid cross-traffic. Design will probably not be pay on entry. We are still trying to figure out supply, the que, etc. Not prepared to discuss operations and revenue control today. Biggest influx is in the morning. Based on preliminary numbers, majority is coming from north. Less so from south, so right in, right out should still be able to facilitate that. Intent is to move people to northeast corner as quickly as possible and move inwards. Not everybody is going to leave at the same time. Discharge is not going to be the same as influx. People will be exiting on Park. Folks going south will have to go up to roundabout, do hook, and go down.) (Ms. Smith, Town Engineer: We want to free up transit movements. We are discussing with CDOT if we could have another access point.) The roundabout is important. Mr. Schroder: We didn’t talk about height and there is a -20 points for that. (Ms. Smith, Town Engineer: We need to know where the dividing line between districts. Does the Planning Commission agree with interpretation of exactly down the middle? It is a transition. Do you like interpretation of right down the middle?) Mr. Kulick: Down the middle is our interpretation. Read from LUD Guidelines for LUD #20. The parcel is a collection of several lots. We are more concerned along the river. Height on stair towers was an extension of the provision for elevator tower. Remainder of structure when looking at east elevation is compliant, except for towers. (Ms. Smith, Town Engineer: We could lower stair tower but the elevator ridgeline will look goofy.) Mr. Schroder. Building heights are recommended at 2 and 3 stories. The plan seems appropriate. (Michael with Walker Consultants: looking south from Gondola, heights step up to match mountain profile.) (Ms. Smith, Town Engineer: We can come back with circulation in a Work session) Ms. Leidel: Agree that negative three (-3) points should be awarded for exceeding the 25% threshold for non-natural materials, but not greater than 50%. Agree with staff’s height interpretation. I agree with staff in regards to their comments on the solid to void ratios, the large openings should be reduced. Agree with rest of commission. Great looking structure for a utilitarian building. Nice transition. Thanks for your effort. Look forward to more info on circulation. Mr. Lamb: Agree that negative three (-3) points should be awarded for exceeding the 25% threshold for non-natural materials, but not greater than 50%. Agree with staff’s height interpretation. I think the community is excited. Ok with height. Height issue will be brought down so they will be brought down in points, and there are other opportunities for points, so I think it could get to passing point analysis. Good location. Addresses

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issues we have in town like I-70 and parking. Mr. Moore: In regards to negative three (-3) points for exceeding the 25% threshold for non-natural materials, but not greater than 50%, we don’t actually know what that number is, so I will withhold judgment. Frankly, materials seem fine. Agree with staff’s height interpretation. Come back with Work Session for circulation. It is important. I know there is lot of moving parts. Mr. Schuman: Agree that negative three (-3) points should be awarded for exceeding the 25% threshold for non-natural materials, but not greater than 50%. Agree with staff’s height interpretation. I like the view corridor shots. If you could put real buildings in the drawings, that would be great. Lighting: Please consider dark skies and lighting. I think the Town should accept negative points for energy conservation. I don’t think the town should get a free pass. Mr. Schroder: Agree that negative three (-3) points should be awarded for exceeding the 25% threshold for non-natural materials, but not greater than 50%. Agree with staff’s height interpretation. I think this is a nice design. My favorite is Vail parking deck. I think this proposal compliments the Town. The point analysis can be shifted by two feet. (Mr. Kulick: Still room to add positive points. Goal is passing point analysis. Everyone is confident we can get there.) I appreciate public comment to look at from a few different angles. Need for parking and whose responsibility. Very pleased when I saw the PC packet. Stairway windows offset is appropriate. Often calling things out in the 2000s different that 1800s. Follow stairwell for active experience. Close to passing point analysis. Public Comment: Lee Edwards, 108 N. French St.: 50 years. None of us have been here 50 years yet. We need to open our eyes and think about things that we can do before we build it. We can reduce height. Main Street Station did it. This is not how you typically start a project. Usually you look at the site, circulation, context etc. instead of going straight to the architecture. This is backwards. We have a trough of a river. Breckenridge Professional Building was a mistake. Town owns property in this area along the river. Why this project is not incorporating property across the river in a coordinated master plan is very short sighted. Why did we end up putting the parking structure here as opposed to the north side of the Gondola? (Mr. Grosshuesch: That was a business decision between the Town and Vail Resorts that is outside the scope of this application and the Development Code). How much land do we control under this agreement? (Kirk with Walker Consultants: 6.3 acres in the lease agreement). We need to have some more cross sections so the community can understand what is going on and to give everybody an idea of the height. This could go down an entire level, and it has been done before. On the west façade, we have left the ramp exposed. Is there a reason? Still a big box. 50 years. We can put some ins and outs and make it better. Architecture is good. I think it should go through a few more public hearings so people can see the view from the gondola. Thank you for your time. FINAL HEARINGS: 1. Cavanaugh Residence, 208 N. Ridge Street, PL-2019-0067 Mr. Kulick presented a proposal to construct a new 1,275 sq. ft., 2 bedroom, 2 bathroom single-family residence along North Ridge Street, with a 3-car, subterranean garage. The following specific questions were asked of the Commission:

1. Landscaping – Staff finds the proposed landscaping plan provides adequate street trees along French Street. Does the Commission agree?

2. Parking - Staff recommends the allocation of positive one (+1) point under Policy 18/R because the onsite parking is accessed from a shared driveway. Does the Commission agree?

3. Does the Commission have any additional comments on the proposed project design? 35


Commissioner Questions: Mr. Moore: Last time we were talking about there was not enough room for the trees. Have we solved that with the ELA in the ROW? (Mr. Kulick: Yes). Good. That was a big deal two weeks ago. Commissioner Comments: Ms. Leidel: Agree with landscaping. Agree with +1 point for shared driveway. Thanks for past precedent research. Agree and support the project. Mr. Lamb: Agree with landscaping. For +1 point for shared driveway, I was curious because of Development Agreement, I will go with staff and I support. Good project. Support. Mr. Moore: Agree with landscaping. Agree with +1 point for shared driveway. Both parties should get positive points. Great project. Mr. Schuman: Agree with staff on landscaping. Agree with +1 point for shared driveway. Great project. Come a long way. Great exercise for us to work though. Good job. Mr. Schroder: Agree with staff on landscaping. Agree with +1 point for shared driveway, it is a priority from Streets Dept. Support project. Mr. Schuman made a motion to approve, seconded by Mr. Moore. The motion passed 5-0. OTHER MATTERS: 1. Town Council Summary (Memo Only) The Commission briefly discuss the ongoing fiber optic cable installation project. Leidel: Could you give an update on Handbook of Design Standards Open House? Mr. Grosshuesch gave a

summary on the Handbook of Design Standards Open House. Takeaway – there was a lack of active criticism. We feel that it went through a good process and this represents a series of good compromises. To be sure, there are varying opinions. Staff is comfortable.

Leidel: Big turnout? (Mr. Grosshuesch: About 20 people in the room, including four staff members.) Mr. Moore: Where did the mass bonus turnout? (Mr. Grosshuesch explained 15% mass bonus option and

associated negative points.) Member of public, Lee Edwards, commented regarding 4’ setback requirement for connectors and how the

Town can expect issues with that in the future. ADJOURNMENT: The meeting was adjourned at 7:25 pm. Dan Schroder, Chair (acting)

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South Gondola ParkingStructure, 150 Watson Ave

CavanaughResidence, 208N. Ridge Street

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June 21st, 2019 6:00pm - 9:00pm Riverwalk Center FIRC Fashion Show

Tuesday, June 25, 2019 3:00pm / 7:00 pm Town Hall Chambers Second Meeting of the Month

June 26th, 2019 All Day Throughout Town Bike To Work Day

July 4th, 2019 All Day Main Street 4th of July Celebrations

Tuesday, July 9, 2019 3:00pm / 7:00 pm Town Hall Chambers First Meeting of the Month

Tuesday, July 23, 2019 3:00pm / 7:00 pm Town Hall Chambers Second Meeting of the Month

June 20th, 2019 Noon

June 24th, 2019 5:30pm

June 25th, 2019 9:00am / 1:30pm

11:30am

June 26th, 2019 8:15am

9:00am

June 27th, 2019 8:00am

8:30am

9:00am

10:00am

July 2nd, 2019 9:00am

5:30pm

July 3rd, 2019 7:30am

9:00am

10:00am

3:00pm

July 9th, 2019 9:00am / 1:30pm

Noon

July 10th, 2019 Noon

July 11th, 2019 5:30pm

July 15th, 2019 4:00pm

July 16th, 2019 9:00am

9:00am

5:30pm

Upper Blue Sanitation District

CAST

Breckenridge Creative Arts

Board of County Commissioners Meeting

Liquor & Marijuana Licensing Authority

Planning Commission Meeting



Transit Advisory Council Meeting

Planning Commission Meeting

Police Advisory Committee

Breckenridge Events Committee

Scheduled MeetingsShading indicates Council required attendance – others are optional

The Council has been invited to the following meetings and events. A quorum may be in attendance at any or all of them.

Other Meetings

June 2019

July 2019

Workforce Housing Committee

Breckenridge Tourism Office Board Meeting

Childcare Advisory Committee

Troll Committee Meeting

Summit Stage Transit Board Meeting

Summit Combined Housing Authority

Open Space & Trails Meeting


I-70 Coalition

Northwest CO Council of Governments

Breckenridge Heritage Alliance

QQ - Quality and Quantity - Water District

1 of 2

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Scheduled MeetingsShading indicates Council required attendance – others are optional

The Council has been invited to the following meetings and events. A quorum may be in attendance at any or all of them.

July 22nd, 2019 5:30pm

July 23rd, 2019 9:00am / 1:30pm

July 24th, 2019 8:15am

9:00am

July 25th, 2019 8:00am

8:30am

10:00am

3:00pm

July 31st, 2019 8:15am

August 7th, 2019 7:30am

9:00am

10:00am

3:00pm

August 13th, 2019 9:00am / 1:30pm

1:30pm

TBD 8:30amWater Task Force Meeting

Northwest CO Council of Governments

RW&B Board Meeting


Summit Combined Housing Authority

Transit Advisory Council Meeting

Summit Stage Transit Board Meeting

Breckenridge Tourism Office Board Meeting

Workforce Housing Committee


Police Advisory Committee

Breckenridge Events Committee

I-70 Coalition

Childcare Advisory Committee

Open Space & Trails Open House & Meeting

Summit County Transit Board Meeting

2 of 2

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b. breckenridge open space advisory committee (mr ... · from: mark johnston, public works...

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