MEETING OF THE CITY COUNCIL City Council Chambers 448 East 1 st Street, Room 190 City of Salida, Colorado Thursday, July 6, :00 p.m.

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1 Page 1 of 38 MEETING OF THE CITY COUNCIL City Council Chambers 448 East 1 st Street, Room 190 City of Salida, Colorado Thursday, July 6, :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. REGULAR MEETING CALLED TO ORDER II. PLEDGE OF ALLEGIANCE Led by Mayor Jim LiVecchi III. ROLL CALL IV. PRESENTATION 1. Farmer s Market Fee Waiver Request Ashley Ahlene V. CITIZEN PARTICIPATION 3 minute time limit. Citizen participation is for items not on the agenda and for agenda items that are not scheduled public hearings. VI. SCHEDULED ITEMS 1. Consent Agenda (Christian Samora) a) Approval of Agenda b) Approval of Minutes: June 20, 2017 c) 2017 Scout Hut Parking Project Bid Award d) KHEN Liquor License Request July 15 & 16, 2017 e) KHEN Street Closure Request August 13, 2017 f) Rubber Duck Race September 17, Tenderfoot Mountain Lighting (Guy Patterson) 3. Salida Airport Commercial Operators Agreement (Zech Papp) Resolution approving the Commercial Operators Agreement for the Salida Airport at Harriett Alexander Field 4. Elected Official Salaries, 1 st Reading (Guy Patterson) Ordinance to amend Article II of Chapter 2 of the Salida Municipal Code pertaining to the compensation of the Mayor and Council Members 5. Citizens Appointment to the Public Art Commission (Michael Varnum) Resolution approving citizen appointments to the Public Art Commission 6. Solar Rate Committee Agenda July 6, 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.

2 Page 2 of Administrator/Deputy City Clerk City Administrator Report Guy Patterson Deputy City Clerk Report Christian Samora 8. Elected Official Reports City Clerk Betty Schwitzer City Treasurer Theresa Cortese City Council- Michael Bowers, Hal Brown, Cheryl Brown-Kovacic, Rusty Granzella, Melodee Hallett and Eileen Rogers. Mayor Jim LiVecchi VII. NEW BUSINESS VIII. OLD BUSINESS IX. EXECUTIVE SESSION 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 THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR IDENTIFICATION PURPOSES: City Administrator Contractual Issues For discussion of a personnel matter under C.R.S. Section (4)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR IDENTIFICATION PURPOSES: Guy Patterson Compensation Related Performance Evaluation X. REPORT/ACTION XI. ADJOURN [SEAL] City Clerk Mayor Agenda July 6, 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.

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4 Page 4 of 38 REQUEST FOR CITY COUNCIL ACTION Meeting Date: July 6, 2017: AGENDA ITEM NO. VI ORIGINATING DEPARTMENT: Administration PRESENTED BY: Christian Samora ITEM: Consent Agenda BACKGROUND: a) Approval of Agenda b) Approval of Minutes: June 20, 2017 c) 2017 Scout Hut Parking Project Bid Award d) KHEN Liquor License Request July 15 & 16, 2017 (Riverside Fine Arts Festival) e) KHEN Street Closure Request August 13, 2017 f) Rubber Duck Race September 17, 2017 FISCAL NOTE: N/A STAFF RECOMMENDATION: If Council wishes to approve the items on the consent agenda, a Council Member should make a motion to combine and approve the items on the Consent Agenda. SUGGESTED MOTIONS: A Council Member should make a motion to combine and approve the items on the consent agenda. Followed by a second, and then a simple voice vote.

5 Page 5 of 38 MEETING MINUTES OF THE CITY COUNCIL City Council Chambers 448 East 1 st Street, Room 190 City of Salida, Colorado Tuesday, June 20, :00 p.m. I. REGULAR MEETING CALLED TO ORDER II. PLEDGE OF ALLEGIANCE Led by Mayor Jim LiVecchi III. ROLL CALL All members of the City Council and staff were present. IV. PRESENTATION 1. Presentation of Lowry Proclamation Mayor LiVecchi LiVecchi gave an introduction and explained that the proclamation was presented at the Lowry dedication ceremony. He continued to explain that the Deputy City Clerk framed the proclamation, so that it may be formally presented at the City Council Meeting. LiVecchi presented the proclamation to Mrs. Lowry. Lowry thanked Mayor LiVecchi and the City Council for the honor of the dedication. She stated that Mike Bowers went above and beyond. Lowry presented a ceramic photo that will be attached to the engraved stone along the trail. 2. Chaffee County GOCO Grant Presentation Lisa Martin Martin gave a presentation and gave the City Council background information. Brown stated there could be several ways a multi-year fiscal commitment could be done. He stated that all of the request could be funded up front if the City has the money. Brown suggested doing more work with the numbers and the City will need to know exactly how much cash is needed in Brown-Kovacic stated there was discussion about activities for youth in the area and asked if the funds were contingent on receiving the grant. Kovacic asked if the City would know by the budget adoption. The Council was in favor of having future budget discussions and to provide a letter of support. 3. Park and Recreation Month Proclamation Mayor LiVecchi Mayor LiVecchi read the proclamation aloud to the members of City Council and the members of the public who were present to proclaim July as Park and Recreation Month. Lanette Hartman introduced herself and thanked the City Council for their support. V. CITIZEN PARTICIPATION 3 minute time limit. Citizen participation is for items not on the agenda and for agenda items that are not scheduled public hearings. Meeting Minutes June 20,

6 Joe Judd of Salida spoke regarding the proposed expansion of the HRRMC July hospital. 6, 2017 City He Council stated Meeting that he Packet and other have spoken out against the expansion of the Hospital. He stated that the Planning Commission Page 6 did of 38not allow for a height variance. He stated that the newspaper stated the building would be in compliance with the exception of the elevator shaft. He stated that he would ask that the Council deny the height variance. Judd stated that the Municipal Code should be enforced equally for all people. Michael McGovern of Salida stated that he would be speaking regarding the patios. He stated he felt the process was very fair and everyone who was consulted agreed on the patio. He asked that the Council consider the value of the patios. He stated that they were able to hire two more full time employees to work the patio. McGovern stated that may the additional revenue could assist in finding a solution on the parking. Phil Carey of Salida thanked the Council for their service. He stated that he has operated a short term rental for the last five years. He stated that on June eighth he received a letter that indicated he failed to renew and his license was expired and not renewable. He stated that he had his attorney review the issue. He stated that the attorney referenced a fee schedule that was adopted included a late fee and another document also contained the provisions for a late fee. Carey stated that in the ordinance, it states that the Council wished to maintain the status quo. He felt the actions were to reduce the number of short term rentals. Carey asked that his license be renewed and that there be resolution. Lydia Segal of Salida stated that there are eight property owners who object to the municipal variance for the hospital expansion to exceed the allowed height. She asked that the City Council look at the issue. Anne Graff of Salida stated that they own businesses in Salida and spoke regarding the short term rentals. She stated that when she went to apply, she was not allowed because the property across the street had already applied. She stated that they work hard through the summer, so that they can make it through the winter. She stated that all of her neighbors signed a document stated that they do not mind there being a short term rental. She asked why there was no procedure to allow existing licenses to renew their licenses. She asked for the Council to reconsider where the segment rule will apply. Mark Krivanek of Salida stated that he would be speaking regarding the patios. He stated that he wanted to make sure the Council understands that the parking spots downtown are community spots. Krivanek stated that customers sometimes park blocks away, it is wherever they can find a space to park. He stated that it is narrow to say that the parking spaces are for only the adjacent businesses. He stated that the review process should include all of the area. Michael Schwartz stated that he is concerned with civil rights in America. He stated that he walks on F Street almost every night. He stated that the patios are encroachment into the public space. VI. SCHEDULED ITEMS 1. Consent Agenda (Christian Samora) a) Approval of Agenda b) Approval of Minutes: June 6, 2017 c) Salida Business Alliance 4 th of July Celebration July 4, 2017 d) Salida Rotary Club Special Events Liquor License July 4, 2017 e) Riverside Fine Arts Festival July 15 & 16, 2017 f) 2017 Centennial Park Exercise Equipment Final Settlement Rogers requested that the approval of minutes be removed from the Consent Agenda. Rogers stated that she would like the Minutes to have her complete statement included instead of the summary. Brown clarified with Rogers that the minutes could be approved with the addition. Brown motioned to combine and approve the items on the Consent Agenda with the addition of Council Member Rogers statement. Rogers seconded the motion With all in favor, THE MOTION CARRIED. Meeting Minutes June 20,

7 2. Municipal Court Clerk Bond Requirement Waiver (Cheryl Hardy-Moore) Judge Hardy-Moore gave an introduction and provided background information. She indicated that a new Court Clerk has been hired. Monica Wehner will be starting work on June 26 th, Hardy-Moore stated that the purpose of the performance bond is in regard to the performance of the position and collection of fines. She stated that the Clerk does not collect the fees. She continued to stated that the Court Clerk has passed a background check and there are no negative issues. They are a court of record, so there are checks and balances for what is ordered and what is done. Another reason not to have the bond is because Wehner has had experience in similar work at various locations. Hardy-Moore stated the statute became law in 1969 for Municipal Court Clerks and was repealed for the State Court Clerks in Patterson suggested that there be a resolution at the next City Council meeting. Brown motioned to waive the requirement for the position of Municipal Court Clerk. Brown-Kovacic seconded the motion. Granzella asked where Municipal Court is at and where payments are made. Judge Hardy-Moore stated that Municipal Court is in Council Chambers and she directs payments to the front counter. Brown-Kovacic stated that it is a sensible thing to do. With all in favor, THE MOTION CARRIED. 3. Here s the Scoop Main Street Patio Appeal (Glen VanNimwegen) VanNimwegen gave an introduction and provided background information. July 6, 2017 City Council Meeting Packet Page 7 of 38 Kahn explained that it is a quasi-judicial hearing that will be conducted pursuant to the Salida Municipal Code. He stated that the rules of procedure will be followed pursuant to the Salida Municipal Code. VanNimwegen stated that hard copies of the exhibits were provided to the City Council. He stated that this came about as a result of the patio policy. VanNimwegen explained the process and asked the City Council to uphold the City Administrator s decision to deny the patio application. Michael Wilbur introduced himself and stated that he represents the applicant, Richard Leavitt. Wilbur explained the applicants position and asked that the City Council reverse the City Administrator s decision to deny the patio application. Bill Smith introduced himself and stated he was representing the neighboring property owner, Gena Shepherd. Smith asked Shepherd various questions and she responded accordingly to explain her interactions with Leavitt. Kahn explained that the Council has the choice to either issue a verbal decision immediately, or the City Council may decide to issue a written decision within twenty days. Granzella motioned to issue a verbal decision. Brown seconded the motion. In a 5-1 roll call vote, THE MOTION CARRIED. Bowers had the dissenting vote. Brown motioned to uphold the City Administrator s decision to deny Richard Leavitt s Main Street Patio application. Rogers seconded the motion. In a 4-2 roll call vote, THE MOTION CARRIED. Granzella and Bowers had the dissenting votes. 4. Rescinding Main Street Patio Policy (Glen VanNimwegen) Resolution rescinding the Main Street Patio Program Policy Meeting Minutes June 20,

8 Page 8 of 38 VanNimwegen gave an introduction and provided background information. Brown-Kovacic stated that she is uncomfortable with the word rescind because it was unclear if it was also rescinding the approved patios agreements. Kahn stated that each of the existing agreements would continue in force even if the policy is repealed. Brown stated that it is clear to him that it would halt the application for new licenses and the existing would continue. Brown motioned to approve Resolution , a resolution of the City Council, City of Salida to suspend the Main Street Patio Program Policy. Brown-Kovacic seconded the motion. Hallett felt that the procedure needs improvement. With all in favor, THE MOTION CARRIED. Brown motioned to allow the meeting to continue past 9:00 P.M. Hallett seconded the motion. In a 5-1 roll call vote, THE MOTION FAILED. Brown-Kovacic had the dissenting vote. Brown-Kovacic motioned to allow the meeting to continue past 9:00 P.M., but to only allow consideration of items 5, 7 & 8. Brown seconded the motion. With all in favor, THE MOTION CARRIED. 5. Chavez Subdivision Improvement Agreement Amendment (Glen VanNimwegen) Resolution approving the first amendment to the subdivision improvement agreement pursuant to: Chavez Subdivision, Final Plat VanNimwegen gave an introduction and provided background information. Rogers motioned to approve Resolution , a resolution of the City Council, City of Salida, approving the first amendment to the subdivision improvement agreement pursuant to: Chavez Subdivision, Final Plat. Bowers seconded the motion. With all in favor, THE MOTION CARRIED. 7. Short Term Rental Application Term, 2 nd Reading & Public Hearing (Guy Patterson) Ordinance amending Article VI of Chapter 6 of the Salida Municipal Code regarding the term of short-term rentals business license Patterson gave an introduction and provided background information. Granzella asked if it was an opportunity to adjust notification as to when the notices are due. Brown-Kovacic stated that she was under the impression that it was done on a single date so that a notice could be sent out. Hallett was in agreement with Brown-Kovacic. LiVecchi opened the public hearing. Anne Graff asked if it was uncommon for the Chambers to clear out. LiVecchi explained that it is not uncommon to have a smaller audience later in the evening. Graff stated that in all fairness she felt it was an oversight on the due date because July 1 st was her application date. Graff felt that renewal notices should have been sent out and felt it would be fair to allow the existing licenses to continue. Hallett stated that when she heard the amount of notices, it became clear she was not the only one who was caught up in the situation. Meeting Minutes June 20,

9 Page 9 of 38 Monika Griesenbeck of Salida stated that she has been following the ordinance closely. She stated that she doesn t want to have any more short term rentals in her neighborhood. She asked that the Council do the right thing and to be fair. Brown motioned to continue the public hearing to allow time for further considerations. Rogers was in agreement with Brown. Bowers was in agreement with Brown. Brown-Kovacic stated they are in a vulnerable salutation and there are inconsistencies in the code. Brown- Kovacic asked that Council direct Staff to bring the ordinance back with a notification requirement. Patterson stated that the license application indicates the term on the license. Brown-Kovacic motioned to approve Ordinance , an ordinance of the City Council, City of Salida, amending Article VI of Chapter 6 of the Salida Municipal Code regarding the term of short-term rentals business license with a year term and have staff identify other issues. Rogers seconded the motion. Brown would like to see a follow-up letter to allow them to operate until the issue is brought back before Council. Brown-Kovacic withdrew the prior motion and Rogers was in agreement to withdraw. Brown motioned to continue the Public Hearing to July 18 th, Rogers seconded the motion. With all in favor, THE MOTION CARRIED. Brown motioned to give direction to City staff to rescind all letters with a follow-up letter to state the licenses will remain in effect and valid until such time that the Council may determine the appropriate expiration dates. Rogers seconded the motion. With all in favor, THE MOTION CARRIED. 8. Butler Snow Professional Services Agreement (Guy Patterson) Resolution approving a professional services agreement with Butler Snow, LLP to provide legal counsel regarding ta De-Brucing election ballot questions and other general TABOR compliance questions Patterson gave an introduction and provided background information. Patterson explained Phillips strongly recommended that the City retain Dee Wiser. The City Council wished to schedule a July 11 th Work Session to go through the pros and cons. Granzella motioned to approve Resolution , a resolution of the City Council, City of Salida, approving a professional services agreement with Butler Snow, LLP to provide legal counsel regarding De-Brucing election ballot questions and other general TABOR compliance questions. Brown- Kovacic seconded the motion. With all in favor, THE MOTION CARRIED. The City Council discussed whether the next City Council Meeting should be on July 5 th of July 6 th. The Council was in agreement to schedule the next regular meeting on July 6 th, 2017 at 6:00 P.M. to accommodate the Fourth of July holiday. 9. Administrator/Deputy City Clerk City Administrator Report Guy Patterson Deputy City Clerk Report Christian Samora 10. Elected Official Reports Meeting Minutes June 20,

10 Page 10 of 38 City Clerk Betty Schwitzer City Treasurer Theresa Cortese City Council- Michael Bowers, Hal Brown, Cheryl Brown-Kovacic, Rusty Granzella, Melodee Hallett and Eileen Rogers. Mayor Jim LiVecchi VII. NEW BUSINESS VIII. OLD BUSINESS IX. ADJOURN The meeting adjourned at 9:29 P.M. [SEAL] Deputy City Clerk James LiVecchi, Mayor Meeting Minutes June 20,

11 Page 11 of 38 REQUEST FOR CITY COUNCIL ACTION Meeting Date: July 6, 2017: AGENDA ITEM NO. VI ORIGINATING DEPARTMENT: Public Works PRESENTED BY: Christian Samora ITEM: Council Action Award Scout Hut Parking Project, Project No BACKGROUND: Public Works planned for the reconstruction of parking, sidewalk, curb, and gutter adjacent to the Scout Hut. The purpose of these improvements is to provide for additional parking spaces and meet ADA requirements as needed to accommodate Scout Hut improvements. This project creates an additional 11 parking spaces and provides for new building access and other improvements adjacent to the playground area at Riverside Park. The design for the parking project was completed independent from the building renovation design and bid separately. Bids were received on June 22, 2017 from only one bidder as follows. Avalanche Excavating, Inc. $82, Staff reviewed the bid and unit prices. Although there was only one bidder, pricing is generally consistent with past pricing for this size of project and is less than the approved budget. Avalanche Excavating, Inc. has performed multiple projects for the City and is qualified to complete the work. FISCAL NOTE: A budget allocation of $150,000 is included in the 2017 budget as: Streets - Scout Hut Grading/Parking ( ) Currently, $5,250 has been utilized for professional services including design. Remaining funds necessary to complete the project based on bids are shown below. CONSTRUCTION CONTRACT $ 82, CONTINGENCY $ 8, CONSTRUCTION MANAGEMENT $ 3, TOTAL PROJECT BUDGET $ 94, STAFF RECOMMENDATION: Staff is recommending award of the construction contract for the 2017 Scout Hut Parking Project and authorizing the City Administrator to enter into a Construction Agreement between the City and Avalanche Excavating, Inc. in the amount of $82, with a total project budget of $94,

12 Page 12 of 38 REQUEST FOR CITY COUNCIL ACTION Meeting Date: July 6, 2017: AGENDA ITEM NO. VI ORIGINATING DEPARTMENT: Public Works PRESENTED BY: Christian Samora SUGGESTED MOTIONS: A Council person should make a motion to combine and approve the items on the consent agenda. Followed by a second and then a voice vote.

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22 Page 22 of 38 REQUEST FOR CITY COUNCIL ACTION Meeting Date: July 6, 2017: AGENDA ITEM NO. VI ORIGINATING DEPARTMENT: Salida Airport PRESENTED BY: Zech Papp ITEM: Airport Commercial Operators Agreement BACKGROUND: This is a formal request for the approval of the Salida Airport s commercial operator agreement. This document is what will be signed by anyone operation at a commercial capacity out at the airport. For instance this would be the agreement used for: maintenance, sub-leasing-aviation business, rentals, etc. This agreement was presented to the Chaffee County Commissioners on May 9 th and was subsequently approved. The agreement is the same document that was previously adopted except that the fee schedule has been removed from the document. FISCAL NOTE: N/A STAFF RECOMMENDATION: This has been approved by both the Airport Advisory Board as well as the BOCC. SUGGESTED MOTIONS: A council member should make a motion to approve Resolution , a resolution of the City Council, City of Salida, approving the Commercial Operators Agreement for the Salida Airport at Harriett Alexander Field. Followed by a second and a roll call vote.

23 Page 23 of 38 CITY OF SALIDA RESOLUTION NO. 31 (Series 2017) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO, APPROVING THE COMMERCIAL OPERATORS AGREEMENT FOR THE SALIDA AIRPORT AT HARRIETT ALEXANDER FIELD WHEREAS, the Commercial Operators Agreement for Salida Airport at Harriett Alexander Field must be approved by both Chaffee County and the City of Salida; and WHEREAS, the attached Commercial Operators Agreement has been modified to omit the fee schedule; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SALIDA, COLORADO APPROVES THE COMMERCIAL OPERATORS AGREEMENT FOR SALIDA AIRPORT AT HARRIETT ALEXANDER FIELD. RESOLVED, APPROVED AND ADOPTED this 6 th day of July, CITY OF SALIDA [SEAL] By: James LiVecchi, Mayor ATTEST: City Clerk/Deputy City Clerk

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32 Page 32 of 38 REQUEST FOR CITY COUNCIL ACTION Meeting Date: July 6, 2017: AGENDA ITEM NO. VI ORIGINATING DEPARTMENT: Administration PRESENTED BY: Guy Patterson ITEM: AN ORDINANCE TO AMEND ARTICLE II CHAPTER 2 OF THE SALIDA MUNICIPAL CODE PERTAINING TO THE COMPENSATION OF THE MAYOR AND THE COUNCIL MEMBERS. BACKGROUND: Section of the Salida Municipal Code states that the Mayor and Council members shall be paid monthly as provided by ordinance and amended from time to time. The last time the Mayor and Council members received a raise was Ordinance which set the salaries at the current rate of $250 per month for the mayor and $150 per month for Council members. Please note: The ordinance currently under consideration has left blank the amount for each position. This amount can be added later after Council deliberation. FISCAL NOTE: Total salaries for Council are not broken out in the budget but currently come to nearly $14,000 annually. This will change according to the amount chosen to increase the current rates. STAFF RECOMMENDATION: N/A SUGGESTED MOTIONS: I move to approve Ordinance , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO, AMENDING ARTICLE II OF CHAPTER 2 OF THE SALIDA MUNICIPAL CODE PERTAINING TO THE COMPENSATION OF THE MAYOR AND THE COUNCIL MEMBERS and setting a public hearing for August 1 st, 2017 and ordering the ordinance published in full.

33 Page 33 of 38 ORDINANCE NO. 19 (Series of 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO TO AMEND ARTICLE II CHAPTER 2 OF THE SALIDA MUNICIPAL CODE PERTAINING TO THE COMPENSATION OF THE MAYOR AND COUNCIL MEMBERS. WHEREAS, the City of Salida Council and Mayor have not received an increase in compensation since 1997; and WHEREAS, Article II, Chapter 2 of the Salida City Code states that the Mayor and Council Members shall be paid monthly as provided by ordinance and amended from time to time. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO as follows: Section 1. That Article II, Chapter 2 of the Salida Municipal Code is amended to read as follows: Sec Compensation. (a) The Mayor and Council members shall be paid monthly as provided by ordinance and amended from time to time. (1) Mayor: Starting with the term in office commencing at the first meeting after the November 7, 2017 election, the salary of the Mayor shall be $ per month. (2) Council Members: Starting with the term in office commencing at the first meeting after the November 7, 2017 election, the salary of all Council Members shall be $ per month. INTRODUCED ON FIRST READING on July 6, 2017, ADOPTED AND ORDERED PUBLISHED IN FULL in a newspaper of general circulation in the city of Salida by the City Council on 2017 and set for second reading and public hearing on the 6th day of July, INTRODUCED ON SECOND READING, FINALLY ADOPTED AND ORDERED PUBLISHED IN FULL by the City Council on the day of July, CITY OF SALIDA, COLORADO [SEAL] James LiVecchi, Mayor 1

34 Page 34 of 38 ATTEST: City Clerk/Deputy City Clerk PUBLISHED IN FULL in the Mountain Mail after First Reading on, 2017 and by TITLE ONLY, after the final adoption on the day of, City Clerk/Deputy City Clerk 2

35 Page 35 of 38 REQUEST FOR CITY COUNCIL ACTION Meeting Date: July 6, 2017: AGENDA ITEM NO. VI ORIGINATING DEPARTMENT: SteamPlant PRESENTED BY: Michael Varnum ITEM: Appointment of Members to the Public Art Commission BACKGROUND: Notice of openings to the Public Art Commission was published in the Mountain Mail and on the City of Salida website. (a) Members of the Public Art Commission shall be selected by the City of Salida City Council; (b) The membership of the committee shall be seven voting members, five of which are residents of the City of Salida and two of which may be residents of Chaffee County; (c) Members of the Public Art Commission shall be knowledgeable of public art; (d) Members shall serve three year terms; (e) Once appointed, members will remain on the Public Art Commission for the duration of their term of office unless they resign or are removed by the City Council. FISCAL NOTE: N/A STAFF RECOMMENDATION: Staff Recommends making an appointment to the Public Art Commission SUGGESTED MOTIONS: A council member should make a motion to adopt Resolution a resolution of the City Council of the City of Salida, Colorado appointing members to the Public Art Commission. Followed by a second and a roll call vote.

36 Page 36 of 38 RESOLUTION NO. 39 (Series 2017) A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SALIDA, COLORADO APPROVING CITIZEN APPOINTMENTS TO THE PUBLIC ART COMMISSION WHEREAS, in accordance with Section 2 Article XV of the city of Salida City Code, the City Council shall select and appoint person(s) to serve as members of the City of Salida Public Art Commission; and WHEREAS, in accordance with Section 2, Article XV of the Salida City Code, the City Council shall confirm the appointments by majority vote; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADO THAT: 1. The City Council incorporates the fore going recitals as findings by the City Council. 2. The City Council hereby appoints the following individuals to serve on the Public Art Commission. Martin Jolly (term to expire 5/20/2019 ) RESOLVED, APPROVED, AND ADOPTED this 6th day of July, CITY OF SALIDA [SEAL] By: James LiVecchi, Mayor ATTEST: City Clerk/Deputy City Clerk

37 Page 37 of 38 City Administrator Report City of Salida, CO July 6, 2017 Solar Power Purchase Agreement: A council member has requested the mayor to authorize the city attorney and/or special counsel to re-examine the city s contractual obligations regarding the solar Power Purchase Agreement. This is a serious undertaking and action on this issue hopefully will be forthcoming in the very near future so the Council can adequately budget for FY2018. Obviously this issue might have ramifications in the tens of thousands of dollars on FY2018 depending on the choices this council makes. Solar, Continued: Copies of the ordinances that approved the PPA s have been sent to our Xcel regional representative for their review. They will share their findings in the near future. As well, administration has reached out to the local school district about how they worked their rates. As of the writing of this report, the school district has not responded. Xcel Reservoirs: Per direction of the Mayor, administration issued a letter to Excel Energy formally stating the City had no interest in acquiring either Fooses or Garfield Reservoir or Power Station No. 1 at this time. Short-term Rental Issues: Staff did mail out the letters reinstating all terminated licenses as directed by Council at the June 20 th meeting. Motorcycle Parking Spots: Public works has found space for over 20 more motorcycle parking spots in the downtown area. Most of these spots are scattered on and around F Street between Sackett and 4 th. Continued Updates: In between the time of this report being written and the Council meeting administration expects the possibility of more items to be added as a verbal update.

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