memo · dumpster ordinance (first reading) resolution to adopt an iga for fire restrictions...

Town Council Work SessionTuesday, June 25, 2019, 3:00 PM

Council Chambers150 Ski Hill Road

Breckenridge, Colorado

I. PLANNING COMMISSION DECISIONS (3:00-3:05pm)Planning Commission Decisions

II. LEGISLATIVE REVIEW (3:05-3:30pm)Dumpster Ordinance (First Reading)

Resolution to Adopt an IGA for Fire Restrictions (Resolution)

III. MANAGERS REPORT (3:30-4:00pm)Public Projects Update

Parking and Transportation Update

Housing and Childcare Update

Committee Reports

Financials

Firecracker 50 Financial Ask

IV. PLANNING MATTERS (4:00-4:30pm)Handbook of Design Standards UpdatePlanning Commission Vacancy: Written Request from Mike Giller

V. OTHER (4:30-6:00pm)Short Term Rental Follow Up Discussion

1

1

Memo To: Breckenridge Town Council Members

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.

2

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

3


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

4


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

5


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? 6


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)

7

Ski Hill Rd

Hw

y 9

Wellington Rd

Mai

n S

t NPar

k Av

e N

Boreas Pass Rd

Fren

ch S

t S

Bridge

St

Four Oclock Rd

Rid

ge S

t S

Corkscrew Dr

Mai

n St

S

Par

k Av

e S

Fren

ch S

t N

Villa

ge R

d

Reiling Rd

French

Gulc

h Rd

Royal Tiger Rd

Hig

h S

t S

SCR 709

Stab

les

Dr

Gold Flake Ter N

SCR 708

Pin

e S

t N

Brok

en L

ance

Dr

Woo

ds D

r

Pine

St S

Adams Ave E

Rachel Ln

Logan Dr

Peerle

ss D

r

Lincoln Ave

Whi

te C

loud

Dr

Klack R

d

King

s C

row

n R

d

Har

ris S

t SBr

iar R

ose

Ln

Sunbe

am D

r

Peak Eight Rd

Gold K

ing W

ay

Beavers Dr

Peak Nine Rd

Tomahawk Ln

Airp

ort R

d

Settlers Dr

Luis

a D

r

Locals Ln

Wind

wood

Cir

Hig

h S

t N

Her

mit

Dr

Col

umbi

ne R

d

Watson Ave

Bright

Hope D

r

Grey L

n

Wolff L

yon R

d

Gra

ndvi

ew D

r

Boulder Cir

Riverwood Dr

Car

ter D

r

Timber Trail Rd

Red Feather Rd

Sawmill

Rd

Lom

ax D

r

Christie Ln

Campion Tr

Union Tr

Ambe

r Ct

Sno

wbe

rry

LnHighwood Cir

Iliff

Ct

Brookside Ln

Shep

pard

Cir

Bluf

f Ct

Sisler Green

Bre

cke

nri

dg

e S

ou

th

J

South Gondola ParkingStructure, 150 Watson Ave

CavanaughResidence, 208N. Ridge Street

8

1


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.

9

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

10

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

11

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

12

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

13

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

14

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

45

15

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

16

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

17

1


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.

18

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 19

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

20

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

21



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.

22



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.

23



Page 4 of 5

[INTENTIONALLY LEFT BLANK]

24



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

25

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

26

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 27

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

28

[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.

29

[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.

30

[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.

31

[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.

32

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.

33

1

Memo

To: Breckenridge Town Council Members

From: Town Staff

Date: 6/19/2019

Subject: Public Projects Update

Fiber9600 Schedule: Construction for Fiber9600 has been progressing well and is currently on schedule. Paving in the downtown core is scheduled for completion on Monday and Tuesday. In the coming weeks, work will continue on Reiling Rd, Huron Rd, and in the Wellington Neighborhood. Public outreach in the Wellington Neighborhood has been on a daily basis and the project has been well received by the residents. At this time crews are not planning to work from July 1st thru July 5th.

Ice Arena Locker Room Addition Schedule: The contractor has recently completed the concrete foundations for the locker room addition, installed the steel decking for the offices, and placed the concrete slabs at the office additions. In the coming weeks, the contractor will complete foundation wall backfill, concrete slabs at the locker room addition, and wall framing in the office additions. The main entrance to the Ice Arena will remain closed to accommodate the construction of the office addition, but is anticipated to be reopened in late July. The remainder of the facility will remain open throughout construction.

34

Budget: There have been several minor change orders to the project, due to unforeseen conditions found after demolition; however, the costs of these changes will be covered from the project contingency and are not anticipated to affect the project budget.

Project Funding

CIP Budget $2,000,000

2019 Supplemental Appropriation $300,000

Total Budget $2,300,000

2019 Asphalt Overlay The asphalt overlay work by Columbine Hills has been completed including shouldering and striping. Asphalt patching performed by the Streets Division crews is slated to begin after the July 4th holiday.

Foundation footers and walls have been completed at the locker room addition.

The concrete slab was recently placed for Office #1 (above the entry vestibule).

35

2019 Concrete Replacement & Additions As part of the concrete project, the French Street Bridge parapet wall is being repaired this week. The railing has been placed and the last cure coatings will be done by the end of the week. Work at other locations throughout town will continue throughout the summer.

CIP projects with no updates: Rec Center Outdoor Hot Tub Replacement (updated 6-11-19) Pool Area Lights and Window Replacement (updated 6-11-19) Skate Park Pool Coping Repair (updated 5-28-19) McCain Property Improvements – School Parcel Coyne Valley Pedestrian Underpass Coyne Valley River Crossing Sand Storage Structure Infrastructure Improvements – Culverts SH9 Property Improvements – Landscape Berm Softball Field LED Lights

Finishing the cure on the French Street Bridge.

36

Housing Committee Minutes

Date: Tuesday, June 11th, 2019

Time: 12:00-2:00 PM

Location: Town Hall-Planning Conference Room

Attendees: Rick Holman, Wendy Wolfe, Gary Gallagher, Mark Truckey, Peter Grosshuesch, Laurie Best, Nichole Rex, Corrie Burr, George Ruther, Lynne Campbell

Programs and Strategies:

Vail InDeed Presentation:

George Ruther and Lynne Campbell from the Town of Vail attended the committee meeting to discuss the Vail Indeed Program that they have implemented that has been very successful in their community. Similar to Breckenridge, the Town of Vail is losing owner occupied units to second owners and short term rentals at an alarming rate. Nearly 9 out of 10 units sold in Vail were sold to unoccupied homeowners. The program started with a goal for the community of acquiring 1,000 deed restrictions by 2027. With limited land and high costs, they knew that they would have to look to other ways for acquiring deed restrictions besides building new construction.

Vail’s solution was the Vail InDeed Program. This program pays homeowners, home buyers, business owners, long term investors, and developer’s real cash to record a deed restriction on their property and does not come with risk of being the “developer.” By deed restricting current inventory, no new density is added into the community. The deed restriction terms require full time local employment and long term leases. On average, a deed restriction costs 15% to 20% of market value. To date, the program has acquired 114 deed restrictions, equating to 166 bedrooms (Exhibit 1). Vail InDeed has spent $7,560,035 on deed restrictions so far, which is approximately $65,000 per deed restricted unit. The majority of the deed restrictions acquired were dispersed units in the community with a willing buyer and seller.

Exhibit 1.

37

The committee was supportive of implementing Housing Helps, a program that will mirror Vail InDeed. Staff is preparing final development and a marketing plan for the program while pursuing current buy downs opportunities to preserve the existing housing inventory in our community.

Project Updates:

The Committee discussed the option to exercise their right of first refusal for a 1 bedroom unit that is currently being used as a short term rental at Val D'Isere. The committee supported moving forward with exercising our right of first and staff has submitted an offer to acquire this unit as a buy down.

Inventory Management and Project Oversight Updates: No Update

Financials/Proforma Updates: No Update

What’s Happening in Housing: No Update

Other Matters: No Update

38

Memo

To: Breckenridge Town Council Members

From: Rick Holman, Town Manager

Date: 6/19/2019

Subject: Committee Reports

No committee reports were submitted for this meeting.

Committees* Representative Report Status

CAST Mayor Mamula/ Erin Gigliello No Meeting/Report CDOT Rick Holman No Meeting/Report CML Rick Holman No Meeting/Report I-70 Coalition Rick Holman No Meeting/Report Mayors, Managers & Commissioners Mayor Mamula/ Rick Holman No Meeting/Report Liquor and Marijuana Licensing Authority Helen Cospolich No Meeting/Report Summit Stage Advisory Board Jennifer Pullen No Meeting/Report Police Advisory Committee Chief Jim Baird No Meeting/Report CMC Advisory Committee Rick Holman No Meeting/Report Recreation Advisory Committee Scott Reid No Meeting/Report Workforce Housing Committee Laurie Best No Meeting/Report Child Care Advisory Committee Jennifer McAtamney Included as a separate agenda item Breckenridge Events Committee Shannon Haynes No Meeting/Report Transit Advisory Committee Jennifer Pullen No Meeting/Report Water Task Force Gary Gallagher No Meeting/Report Communications Haley Littleton No Meeting/Report *Note: Reports provided by the Mayor and Council Members are listed in the Council agenda.

39

May 31, 2019Financial Reports

Department of Finance

Spring in Breckenridge, 2019

40

YTD Actual YTD Budget % of Budget Annual BudgetPrior YTD

ActualPrior Annual

ActualSALES TAX 10,108,809$ 9,432,682$ 107% 23,981,000$ 9,412,503$ 23,534,523$ ACCOMMODATIONS TAX 1,951,251 1,816,696 107% 3,514,000 1,835,507 3,473,823 REAL ESTATE TRANSFER 2,888,280 2,075,316 139% 5,400,000 2,231,415 6,156,677 OTHER* 287,596 285,875 101% 845,354 270,395 863,336

TOTAL 15,235,936$ 13,610,569$ 112% 33,740,354$ 13,749,821$ 34,028,359$ * Other includes Franchise Fees (Telephone, Public Service and Cable), Cigarette Tax, and Investment Income

May 31, 2019

$-

$2,000,000

$4,000,000

$6,000,000

$8,000,000

$10,000,000

$12,000,000

SALES TAX ACCOM TAX RETT OTHER

YTD Actual

YTD Budget

Excise YTD Actual vs. Budget - by Source

SALES TAX66%

ACCOM TAX13%

RETT19%

OTHER2%

YTD Actual Revenues - Excise

Executive Summary

This report covers the first 5 months of 2019. May is largely reflective of April tax collections. We are approximately $1.6M over 2019 budgeted revenues in the Excise fund. This is mostly due to sales tax being $676k over budget and Real Estate Transfer Tax up $813k over budget. Sales Tax is $696k ahead of prior year; RETT is up $657k over prior year.

See the Tax Basics section of these financial reports for more detail on the sales, accommodations, and real estate transfer taxes. Differences exist between Excise Fund sales tax collections and Net Taxable Sales due to prior period collections of County sales tax by the State of Colorado.

Expenditures are holding the line, with the General Fund tracking slightly below YTD budgeted expense amount (see General Fund Expenditures Summary for details).

41

Description YTD 2016 YTD 2017 YTD 2018

2018

% of Total YTD 2019

2018/2019

$ Change

2018/2019

% Change

2019

% of Total

Retail $56,676,444 $58,897,003 $65,048,620 24.49% $72,784,168 $7,735,548 11.89% 25.86%

Weedtail $4,043,766 $4,366,500 $4,340,399 1.63% $4,396,796 $56,397 1.30% 1.56%

Restaurant / Bar $52,662,291 $54,875,876 $61,295,344 23.08% $64,093,573 $2,798,229 4.57% 22.77%

Short‐Term Lodging $79,172,165 $78,082,430 $88,983,170 33.50% $93,371,281 $4,388,111 4.93% 33.17%

Grocery / Liquor $23,713,647 $24,152,281 $25,900,952 9.75% $25,171,034 ($729,918) ‐2.82% 8.94%

Construction $8,855,135 $8,497,535 $9,013,582 3.39% $8,928,621 ($84,960) ‐0.94% 3.17%

Utility $10,189,921 $11,030,888 $10,690,514 4.03% $11,980,993 $1,290,480 12.07% 4.26%

Other* $873,919 $508,494 $321,058 0.12% $774,106 $453,048 141.11% 0.27%

Total $236,187,287 $240,411,005 $265,593,639 100.00% $281,500,572 $15,906,934 5.99% 100.00%

* Other includes activities in Automobiles and Undefined Sales.

*May #s are as of 05/17/2019

* YTD as of April 30th

Net Taxable Sales by Industry‐YTD

The Tax Basics: April 2019

Retail26%

Weedtail2%

Restaurant / Bar23%

Short‐Term Lodging33%

Grocery / Liquor9%

Construction3%

Utility4% Other*

0%

YTD 2019

$0

$20,000,000

$40,000,000

$60,000,000

$80,000,000

$100,000,000

Retail Weedtail Restaurant /Bar

Short‐TermLodging

Grocery /Liquor

Construction Utility Other*

YTD 2016

YTD 2017

YTD 2018

YTD 2019

New Items of Note:● April net taxable sales are currently ahead of April 2018 by 19.76%.● For April 2019, there were increases in all sales sectors‐Retail (29.31%), Construction (28.71%), Short Term Lodging (19.62%), Restaurant/Bar (15.89%), Weedtail (13.19%), and Grocery/Liquor (9.48%).● For April 2019, the Retail Sector had 120 new sales tax returns.● Distribution of disposable bags experienced an increase over prior year, the increase was 13.75% as compared to April 2018.

Continuing Items of Note:● In 2014, a new category was added to the Sales by Sector pages for the Weedtail sector. The category encompasses all legal marijuana sales, regardless of medical or recreational designation.● A section on Disposable Bag Fees was added in 2014.● A section on Short Term Rentals was added in 2018.● Taxes collected from the customer by the vendor are remitted to the Town on the 20th of the following month.● Quarterly taxes are reported in the last month of the period. For example, taxes collected in the first quarter of the year (January – March), are included on the report for the period of March.● Net Taxable Sales are continually updated as late tax returns are submitted to the Town of Breckenridge. Therefore, you may notice slight changes in prior months, in addition to the reporting for the current month.● "Other" sales relate to returns that have yet to be classified. Much of this category will be reclassified to other sectors as more information becomes available.

Retail24%

Weedtail2%

Restaurant / Bar23%


Grocery / Liquor10%

Construction3%

Utility4%

Other*0%

YTD 2018

42

2016 2017 2018 2019

% change

from PYJan $65,802,624 $67,599,025 $76,123,891 $79,127,175 3.95%

Feb $63,833,922 $64,762,750 $70,296,756 $75,203,188 6.98%

Mar $79,658,273 $79,419,520 $91,251,141 $93,730,140 2.72%

Apr $26,892,468 $28,629,710 $27,921,850 $33,440,070 19.76%

May $17,806,598 $21,491,457 $20,395,717 $0 n/a

Jun $31,662,174 $35,788,124 $41,666,398 $0 n/a

Jul $46,935,444 $48,883,896 $52,212,245 $0 n/a

Aug $39,078,568 $40,988,634 $44,302,136 $0 n/a

Sep $37,570,039 $40,524,516 $42,791,834 $0 n/a

Oct $24,725,038 $25,037,316 $26,810,268 $0 n/a

Nov $26,737,943 $28,825,011 $33,210,212 $0 n/a

Dec $79,735,375 $82,379,705 $87,623,995 $0 n/a

Total $540,438,467 $564,329,665 $614,606,444 $281,500,572

Retail

2016 2017 2018 2019

% change

from PYJan $15,006,525 $16,250,706 $17,584,934 $20,212,130 14.94%

Feb $14,976,467 $15,536,800 $16,738,471 $19,460,461 16.26%

Mar $19,956,329 $19,730,678 $23,223,968 $23,411,866 0.81%

Apr $6,737,124 $7,378,818 $7,501,247 $9,699,711 29.31%

May $5,409,699 $5,331,885 $5,986,699 $0 n/a

Jun $9,091,650 $10,234,064 $12,474,157 $0 n/a

Jul $11,201,458 $12,737,697 $12,947,852 $0 n/a

Aug $9,801,418 $10,134,658 $11,522,806 $0 n/a

Sep $11,356,768 $11,797,461 $14,268,944 $0 n/a

Oct $7,641,642 $6,998,096 $8,767,238 $0 n/a

Nov $8,355,454 $8,757,526 $10,530,705 $0 n/a

Dec $20,603,518 $21,846,746 $24,467,667 $0 n/a

Total $140,138,051 $146,735,136 $166,014,688 $72,784,168

2016 2017 2018 2019

% change

from PYJan $1,181,014 $1,263,370 $1,299,492 $1,278,628 ‐1.61%

Feb $1,045,184 $1,076,236 $1,077,296 $1,143,834 6.18%

Mar $1,170,045 $1,343,407 $1,360,559 $1,291,752 ‐5.06%

Apr $647,524 $683,486 $603,052 $682,583 13.19%

May $424,305 $436,712 $432,876 $0 n/a

Jun $561,981 $608,808 $646,541 $0 n/a

Jul $768,474 $798,038 $884,964 $0 n/a

Aug $731,985 $756,690 $804,530 $0 n/a

Sep $607,308 $596,781 $624,657 $0 n/a

Oct $499,149 $484,253 $496,522 $0 n/a

Nov $542,237 $554,576 $615,385 $0 n/a

Dec $1,013,140 $1,112,445 $1,131,042 $0 n/a

Total $9,192,345 $9,714,804 $9,976,918 $4,396,796

Weedtail

Net Taxable Sales by Sector‐Town of Breckenridge Tax Base

Total Net Taxable Sales

Retail

$0 $100,000,000 $200,000,000

Dec

Nov

Oct

Sep

Aug

Jul

June

May

Apr

Mar

Feb

Jan

2019

2018

2017

2016

$0 $10,000,000 $20,000,000

Dec

Nov

Oct

Sep

Aug

Jul

June

May

Apr

Mar

Feb

Jan

2019

2018

2017

2016

$0 $500,000,000$1,000,000,000

Dec

Nov

Oct

Sep

Aug

Jul

June

May

Apr

Mar

Feb

Jan

2019

2018

2017

2016

43

2016 2017 2018 2019

% change

from PYJan $15,420,296 $16,276,306 $18,113,738 $18,813,526 3.86%

Feb $15,065,159 $15,181,858 $17,105,472 $17,861,011 4.42%

Mar $16,112,662 $16,595,811 $19,308,728 $19,576,553 1.39%

Apr $6,064,174 $6,821,901 $6,767,406 $7,842,483 15.89%

May $3,001,520 $3,448,281 $3,635,557 $0 n/a

Jun $6,963,372 $8,089,688 $9,485,924 $0 n/a

Jul $12,231,535 $13,124,240 $14,352,235 $0 n/a

Aug $9,947,952 $10,631,602 $11,822,733 $0 n/a

Sep $8,109,315 $9,211,502 $9,428,036 $0 n/a

Oct $5,123,843 $5,227,314 $5,520,320 $0 n/a

Nov $5,290,140 $6,000,732 $7,403,100 $0 n/a

Dec $13,796,003 $15,895,058 $17,137,399 $0 n/a

Total $117,125,970 $126,504,293 $140,080,648 $64,093,573

2016 2017 2018 2019

% change

from PYJan $21,935,475 $21,591,426 $25,656,547 $26,693,496 4.04%

Feb $22,070,711 $21,766,114 $23,891,766 $24,573,218 2.85%

Mar $30,030,632 $29,387,239 $34,393,428 $36,073,978 4.89%

Apr $5,135,347 $5,337,651 $5,041,429 $6,030,590 19.62%

May $1,450,045 $2,009,505 $2,428,254 $0 n/a

Jun $5,830,767 $6,825,285 $9,068,478 $0 n/a

Jul $11,268,354 $11,181,542 $12,254,692 $0 n/a

Aug $7,751,976 $8,267,052 $9,483,674 $0 n/a

Sep $6,796,544 $7,937,886 $7,912,998 $0 n/a

Oct $3,068,724 $3,257,303 $3,283,141 $0 n/a

Nov $4,452,893 $4,648,367 $5,712,164 $0 n/a

Dec $29,205,760 $26,753,731 $28,392,700 $0 n/a

Total $148,997,227 $148,963,100 $167,519,272 $93,371,281

2016 2017 2018 2019

% change

from PYJan $6,362,029 $6,608,924 $8,108,346 $6,653,945 ‐17.94%

Feb $6,550,486 $6,612,305 $6,858,048 $6,918,554 0.88%

Mar $6,891,344 $6,672,292 $7,172,637 $7,480,138 4.29%

Apr $3,909,787 $4,258,760 $3,761,922 $4,118,397 9.48%

May $2,969,362 $3,098,290 $3,340,611 $0 n/a

Jun $4,123,536 $4,439,619 $4,746,854 $0 n/a

Jul $5,963,913 $6,059,042 $6,474,680 $0 n/a

Aug $5,713,840 $5,817,425 $5,681,926 $0 n/a

Sep $4,387,664 $4,621,933 $4,553,381 $0 n/a

Oct $3,680,554 $3,807,540 $3,652,184 $0 n/a

Nov $3,523,798 $3,726,441 $3,895,937 $0 n/a

Dec $9,896,199 $9,924,458 $11,003,103 $0 n/a

Total $63,972,513 $65,647,028 $69,249,630 $25,171,034

Restaurant / Bar

Short‐Term Lodging

Grocery / Liquor

$0 $100,000,000 $200,000,000

Dec

Nov

Oct

Sep

Aug

Jul

June

May

Apr

Mar

Feb

Jan

2019

2018

2017

2016

$0 $100,000,000 $200,000,000

Dec

Nov

Oct

Sep

Aug

Jul

June

May

Apr

Mar

Feb

Jan

2019

2018

2017

2016

$0 $50,000,000 $100,000,000

Dec

Nov

Oct

Sep

Aug

Jul

June

May

Apr

Mar

Feb

Jan

2019

2018

2017

2016

44

2016 2017 2018 2019

% change

from PYJan $2,945,722 $2,230,668 $2,418,262 $2,156,689 ‐10.82%

Feb $1,605,012 $1,792,173 $1,942,190 $2,109,825 8.63%

Mar $2,296,477 $2,809,404 $2,844,941 $2,334,715 ‐17.93%

Apr $2,007,924 $1,665,290 $1,808,188 $2,327,392 28.71%

May $2,424,627 $5,103,989 $2,548,886 $0 n/a

Jun $3,008,043 $3,667,593 $3,381,188 $0 n/a

Jul $3,092,710 $2,773,484 $3,184,658 $0 n/a

Aug $3,229,437 $3,253,350 $3,053,846 $0 n/a

Sep $4,077,838 $4,093,911 $3,587,298 $0 n/a

Oct $2,905,017 $3,125,106 $3,341,910 $0 n/a

Nov $2,703,052 $3,046,791 $2,854,512 $0 n/a

Dec $2,514,318 $4,031,302 $2,343,943 $0 n/a

Total $32,810,176 $37,593,060 $33,309,824 $8,928,621

Construction

2018 2019

Total 405,697 403,990

0

50,000

100,000

150,000

200,000

250,000

300,000

350,000

400,000

450,000

Disposable Bag Fees

The Town adopted an ordinance April 9, 2013 (effective October 15, 2013) to discourage the use of disposable bags, achieving a goal of the SustainableBreck Plan. The $.10 fee applies to most plastic and paper bags given out at retail and grocery stores in Breckenridge. The program is intended to encourage the use of reusable bags and discourage the use of disposable bags, thereby furthering the Town’s sustainability efforts. Revenues from the fee are used to provide public information about the program and promote the use of reusable bags.

$0 $20,000,000 $40,000,000

Dec

Nov

Oct

Sep

Aug

Jul

June

May

Apr

Mar

Feb

Jan

2019

2018

2017

2016

$0

$10,000

$20,000

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Bag Fees Remitted by MonthNet of Retained Percentage*

2018

2019

*Retailers are permitted to retain 50% of the fee (up to a maximum of $1000/month through October 31, 2014; changing to a maximum of $100/month beginning November 1, 2014) in order to offset expenses incurred related to the program. The retained percent may be used by the retail store to provide educational information to customers; provide required signage; train staff; alter infrastructure; fee administration; develop/display informational signage; encourage the use of reusable bags or promote recycling of disposable bags; and improve infrastructure to increase disposable bag recycling.

1 2 3 4 5 6 7 8 9 10 11 12

Change ‐20,534 7,831 4,115 6,882

0

50,000

100,000

150,000

200,000

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

# of Disposable Bags Reported by Month

2018

2019

45

Retail

2016 2017 2018 2019

% change

from PYJan $12,069,824 $13,096,116 $13,605,184 $14,539,682 6.87%

Feb $12,293,536 $12,636,631 $13,199,875 $13,995,786 6.03%

Mar $15,741,715 $15,085,056 $16,811,167 $17,431,719 3.69%

Apr $4,163,066 $5,099,020 $4,668,932 $5,731,831 22.77%

May $2,231,277 $2,310,164 $2,924,905 $0 n/a

Jun $5,154,606 $5,342,764 $6,111,383 $0 n/a

Jul $8,544,898 $8,865,951 $9,530,914 $0 n/a

Aug $6,987,906 $6,848,954 $7,903,296 $0 n/a

Sep $5,991,037 $6,082,012 $6,304,078 $0 n/a

Oct $3,848,384 $3,877,500 $4,349,427 $0 n/a

Nov $4,907,805 $5,248,808 $6,626,993 $0 n/a

Dec $14,653,399 $15,513,951 $16,710,263 $0 n/a

Total $96,587,452 $100,006,926 $108,746,416 $51,699,018

2016 2017 2018 2019

% change

from PYJan $2,936,701 $3,154,591 $3,979,749 $5,672,448 42.53%

Feb $2,682,931 $2,900,169 $3,538,596 $5,464,675 54.43%

Mar $4,214,614 $4,645,622 $6,412,801 $5,980,148 ‐6.75%

Apr $2,574,058 $2,279,799 $2,832,316 $3,967,880 40.09%

May $3,178,422 $3,021,721 $3,061,794 $0 n/a

Jun $3,937,044 $4,891,301 $6,362,774 $0 n/a

Jul $2,656,560 $3,871,746 $3,416,939 $0 n/a

Aug $2,813,512 $3,285,703 $3,619,510 $0 n/a

Sep $5,365,732 $5,715,449 $7,964,866 $0 n/a

Oct $3,793,258 $3,120,596 $4,417,811 $0 n/a

Nov $3,447,649 $3,508,718 $3,903,712 $0 n/a

Dec $5,950,119 $6,332,795 $7,757,404 $0 n/a

Total $43,550,599 $46,728,210 $57,268,272 $21,085,150

The Tax Basics: Retail Sales Sector Analysis

Retail: In‐Town

Retail: Out‐of‐Town

$0 $100,000,000 $200,000,000

Dec

Nov

Oct

Sep

Aug

Jul

June

May

Apr

Mar

Feb

Jan

2019

2018

2017

2016

$0 $50,000,000 $100,000,000

Dec

Nov

Oct

Sep

Aug

Jul

June

May

Apr

Mar

Feb

Jan

2019

2018

2017

2016

New Items of Note:● Starting in March 2019, the Finance Department has split the Retail sector into twocategories, In‐Town Retail sales and Out‐of‐Town Retail sales. In‐Town Retail sales comprisebusinesses that are in Town limits, the sector had an overall increase of 12.58% in 2018 ascompared to 2016. The Out‐of‐Town Retail Sales had a overall increase in sales of 31.08% for2018 compared to 2016.

2016 2017 2018

Annual Retail Comparison

In Town Retail

Out of Town Retail

46

2017 2018 2019 % change 2019 budget +/‐ Budget

Jan $432,417 $350,102 $536,802 53.33% $377,225 $159,577

Feb $436,538 $338,813 $441,411 30.28% $380,820 $60,591

Mar $579,302 $391,670 $454,470 16.03% $505,362 ‐$50,892

Apr $439,375 $532,220 $674,070 26.65% $383,295 $290,775

May $510,213 $618,610 $781,528 26.34% $445,091 $336,437

Jun $533,957 $468,350 $96,629 ‐79.37% $465,805 ‐$369,176

Jul $533,735 $564,797 $0 n/a $465,611 n/a

Aug $564,623 $778,848 $0 n/a $492,557 n/a

Sep $478,875 $398,296 $0 n/a $417,753 n/a

Oct $730,352 $622,750 $0 n/a $637,132 n/a

Nov $550,457 $598,966 $0 n/a $480,199 n/a

Dec $400,236 $500,878 $0 n/a $349,151 n/a

Total $6,190,080 $6,164,300 $2,984,909 $5,400,000*June #s are as of 06/14/2019

by Category

2018 YTD 2019 YTD $ change % change % of Total

29,448$ 339,350$ 309,902 1052.38% 11.75%

518,814 527,853 9,039 1.74% 18.28%

613,393 763,972 150,579 24.55% 26.45%

727,059 1,013,328 286,269 39.37% 35.08%

195,739 188,481 (7,257) ‐3.71% 6.53%

146,962 55,296 (91,666) ‐62.37% 1.91%

2,231,415$ 2,888,280$ 656,865 29.44% 100.00%

Real Estate Transfer Tax

Commercial

Total

Vacant Land

Description

Condominium

Timeshare

Single Family

Townhome

Total RETT

* YTD as of May 31st

$‐

$1,000,000

$2,000,000

$3,000,000

Jan Feb Mar Apr May

YTD Churn Analysis

2018 YTD 2019 YTD

$‐ $200,000 $400,000 $600,000 $800,000

May

Apr

Mar

Feb

Jan

2019

2018

$‐ $1,000,000 $2,000,000

Commercial

Condominium

Timeshare

Single Family

Townhome

Vacant Land

2019YTD

2018YTD

New Items of Note:● Revenue for the month of May was ahead of prior year by 26.34%, and ahead of monthly budget by $336,437.● Year to date, revenue is ahead of prior year by 29.44%, and has surpassed budget by $796,488.● Single Family Home sales accounted for the majority of the sales (35.08%), with Timeshare sales in the second position of highest sales (26.45%) subject to the tax. Condominium sales were in third position with sales (18.28%) insales level for the year.● May 2019 churn was 27.86% above May 2018.

Continuing Items of Note:● 2019 Real Estate Transfer Tax budget is based upon the monthly distribution for 2017.

47

Description YTD 2016 YTD 2017 YTD 2018

2018

% of Total YTD 2019

2018/2019

$ Change

2018/2019

% Change

2019

% of Total

Retail $2,510,766 $2,609,137 $2,881,654 19.12% $3,224,339 $342,685 11.89% 20.24%

Weedtail $441,984 $477,258 $474,406 3.15% $480,570 $6,164 1.30% 3.02%

Restaurant / Bar $2,358,791 $2,465,149 $2,753,838 18.27% $2,878,846 $125,008 4.54% 18.07%

Short‐Term Lodging $6,199,181 $6,113,854 $6,967,382 46.22% $7,310,971 $343,589 4.93% 45.89%

Grocery / Liquor $1,024,664 $1,035,799 $1,108,957 7.36% $1,075,576 ($33,382) ‐3.01% 6.75%

Construction $392,282 $376,441 $399,302 2.65% $395,538 ($3,764) ‐0.94% 2.48%

Utility $451,413 $488,668 $473,590 3.14% $530,758 $57,168 12.07% 3.33%

Other* $38,715 $22,526 $14,223 0.09% $34,293 $20,070 141.11% 0.22%

Total $13,417,795 $13,588,833 $15,073,352 100.00% $15,930,891 $857,539 5.69% 100.00%

* Other includes activities in Automobiles and Undefined Sales.

*May #s are as of 05/17/2019

* YTD as of April 30th

TAXES DUE ‐ SALES, ACCOMMODATIONS, AND MARIJUANA TAXES

Tax Due by Industry‐YTD

Retail20%

Weedtail3%

Restaurant / Bar18%


Grocery / Liquor7%

Construction3%

Utility3%

Other*0%

YTD 2019

$0

$1,000,000

$2,000,000

$3,000,000

$4,000,000

$5,000,000

$6,000,000

$7,000,000

$8,000,000

Retail Weedtail Restaurant /Bar

Short‐TermLodging

Grocery /Liquor

Construction Utility Other*

YTD 2016

YTD 2017

YTD 2018

YTD 2019

Items of Note:● The general sales tax rate includes the 2.5% Town sales tax + 1.93% County sales tax distributed to the Town.● The Short ‐Term Lodging sector includes an additional 3.4% accommodation tax.● Weedtail includes an additional 5% marijuana tax (recreational and medical). The 1.5% distribution from the State is also included in this category. While the State distribution is only due on recreational sales, the majority of weedtail sales are recreational and the distribution has been applied to the entire sector.● Report assumptions include: applying tax specific to a sector to the entire sector, as well as assuming the same tax base across the State, County, and Town taxes due. As a result, the numbers indicated above are a rough picture of taxes due to the Town and not an exact representation. Additionally, the data is representative of taxes due to the Town and not necessarily taxes collected year to date.

Retail19%

Weedtail3%

Restaurant / Bar18%Short‐Term

Lodging46%

Grocery / Liquor8%

Construction3%

Utility3%

Other*0%YTD 2018

48

General Fund Revenues Summary

May 31, 2019

These next two pages report on 2019 year-to-date financials for the General Fund. This area contains most "Government Services," such as public works, police, community development, planning, recreation, facilities, and administrative functions.

General Fund Revenue: At the end of May, the Town's General Fund was at 102.37% of YTD budget ($10.5M actual vs. $10.2M budgeted).

Community Development is over budget due to building permit fees being over budget.

Public Works is over budget due to unbudgeted insurance recoveries. This revenue also has related expenses.

Recreation exceeded budget primarily in youth programs, pass revenue, & ice rink facility rental.

GENERAL FUND YTD REVENUES

81,495

425,527 381,702

1,420,530

131,051 311,676 282,278

1,334,966

$-

$200,000

$400,000

$600,000

$800,000

$1,000,000

$1,200,000

$1,400,000

$1,600,000

Public Safety Community Dev. Public Works Recreation

YTDActual

YTDBudget

Gen. Fund YTD Revenue Act vs. Bud - by Program

Public Safety1%

Community Dev.4%

Public Works4%

Recreation13%

Transfers/other57%

Property Tax21%

49

General Fund Expenditures Summary

May 31, 2019

1,256,866 1,219,619

603,370

3,040,978

1,629,724

409,268

1,544,319

1,286,145

711,524

3,303,890

2,040,929

25,182 $-

$500,000

$1,000,000

$1,500,000

$2,000,000

$2,500,000

$3,000,000

$3,500,000

Public Safety Admin. Comm Dev Public Works Rec. Other

YTDActual

YTDBudget

Gen. Fund YTD Expenditures Act. vs. Bud. - by Program

The General Fund as of May 31, 2019 was at 91.56% of budgeted expense ($8.2M actual vs. $8.9M budgeted). The below graphs represent the cost of providing the services contained in this fund (Public Safety, Recreation, Public Works, Community Development, and Administration).

Variance Explanations:The main factor in departmental variances are differences in actual personnel costs versus budgeted personnel costs.

Timing of large invoices, such as the Engineering architectural costs also impact the YTD expenses. This is expected to even out as the year progresses.

"Other" expenses are largely related to the Fiber Infrastructure project. Public

Safety16%

Admin.15%

Comm Dev 7%Public

Works37%

Rec.20%

Other5%

YTD Actual Expenses

50

REVENUE YTD Actual YTD Budget% of YTD

Bud. Annual Bud.

General Governmental1 Gen/Excise/MMJ/Child Cr/Spec Prj 20,437,965$ 18,583,616$ 110% 44,075,099$ 2 Special Revenue 9,303,305 15,970,280 58% 44,088,147 3 Internal Service 2,065,324 2,080,792 99% 5,218,094 4 Subtotal General Governmental 31,806,594$ 36,634,688$ 87% 93,381,340$ 5 Capital Projects 13,887 15,112 92% 43,000

Enterprise Funds6 Utility Fund 1,773,042 1,780,692 100% 5,847,831 7 Golf 200,275 189,828 106% 2,652,882 8 Cemetery 8,925 204 4375% 15,757 9 Subtotal Enterprise Funds 1,982,242$ 1,970,724$ 101% 8,516,470$

10 TOTAL REVENUE 33,802,724 38,620,524 88% 101,940,810 11 Internal Transfers 15,145,538 14,995,582 101% 44,064,984 12 TOTAL REVENUE incl. x-fers 48,948,262$ 53,616,106$ 91% 146,005,794$

EXPENDITURESYTD Actual YTD Budget % of Bud. Annual Bud.

General Governmental1 Gen/Excise/MMJ/Child Cr/Spec Prj 12,372,170$ 11,894,173$ 104% 28,982,884$ 2 Special Revenue 6,045,021 7,156,532 84% 14,473,660 3 Internal Service 1,792,573 2,339,794 77% 4,428,842 4 Subtotal General Governmental 20,209,764$ 21,390,499$ 94% 47,885,386$ 5 Capital Projects 1,544,373 22,634,355 7% 22,634,355

Enterprise Funds6 Utility Fund 10,681,212 3,862,087 277% 7,080,028 7 Golf 792,471 950,594 83% 2,395,702 8 Cemetery 0 7,085 0% 17,000 9 Subtotal Enterprise Funds 11,473,684$ 4,819,766$ 238% 9,492,730$

10 TOTAL EXPENDITURES 33,227,821 48,844,620 68% 80,012,471 11 Internal Transfers 15,145,538 15,296,993 99% 44,064,984 12 TOTAL EXPENDITURES incl. x-fers 48,373,359$ 64,141,613$ 75% 124,077,455$

13 TOTAL REVENUE less EXPEND. 574,903$ (10,525,507)$ N/A 21,928,339$

General Governmental Funds - General, Excise, Child Care, Marijuana and Special ProjectsSpecial Revenue Funds - Marketing, Affordable Housing, Open Space, Conservation Trust, and Parking and TransportationInternal Service Funds - Garage, Information Technology (IT), and Facilities

Combined Statement of Revenues and ExpendituresAll Funds May 31, 2019

51

15,145,538 14995582 1.01

15,145,538

May 31, 2019

0

10,000,000

20,000,000

30,000,000

40,000,000

50,000,000

60,000,000

Actual

Budget

YTD Actual Revenues and Expenditures vs. Budget

The YTD breakdown of the revenue/expenses variances is as follows:

Governmental Funds:

General Fund:•Revenue:

•Over budget by $300k. Please see General Fund Revenue page for more detail.

•Expense:•Under budget by $700k. See General Fund Expense page of this reportfor more details.

Excise Fund:•Revenue:

•Ahead of budget by $1.6M - see Executive Summary or Tax Basics for more information.

Special Revenue: •Revenue:

•Under budget due to budgeted financing for Breck 365, that is now scheduled not to occur in 2019. This variance will continue throughoutthe year.

Capital Fund: •Revenue:

•Ahead of budget mostly due to unbudgeted rock royalties.•The Combined Statement does not include transfers (appx. $11.1M).

•Expense:•Under budget due to timing of expenses that are budgeted at the beginning of the year. This will even out as the year progresses.

Enterprise Funds: Utility:•Revenue:

•Water Rents and Plant Investment Fees are both tracking above budget.

•Expense:•Over 2019 budget due to timing of new water plant related expenses.However, this spending authority continues from the prior year and expenses are still below the appropriated amount.

Golf:•Expense:

•Under budget due to timing of capital projects that have not yet been completed. This will even out as the year progresses.

Internal Service Funds:•Expense:

•Under budget due to fuel savings and timing of Garage/IT equipmentpurchases.

ALL FUNDS REPORT

Fund Descriptions:

General Governmental - General, Excise, Capital, Special Projects, Child Care, Marijuana

Special Revenue Funds -Marketing, Affordable Housing, Open Space, Conservation Trust, and Parking and Transportation

Enterprise Funds: Golf, Utility, Cemetery

Internal Service Funds - Garage, Information Technology (IT), and Facilities

52

Complaints Made by Type

Complaint Type Quarter 1 April May June Total Calls Percentage

Parking 15 2 2 0 19 28%

Trash 7 0 0 0 7 10%

Noise 24 2 2 0 28 41%

Nuisance 10 0 2 3 15 22%

Total 56 4 6 3 69 100% * "Nuisance" includes complaints not concerning Parking, Trash, or Noise.

The Short Term Rental Basics

Parking27%

Trash10%

Noise41%

Nuisance22%

Complaints by Type

Continuing Items of Note:• AirBnB sales fall into all management categories.• Certain timeshares, such as Wyndham, Woods Manor, French Corner, and French Ridge, are filed on consolidated returns under Other Management Companies.• Total active licenses fluctuates throughout the year. We use the number of active licenses on January 1 to determine annual number of licenses.• The Finance Department is working closely with other Summit County jurisdictions on the implementation of STR Helper.• STR Helper Hotline began accepting calls on January 1, 2019. • The number to lodge a complaint is (970)‐368‐2044.• The STR Helper Hotline number was shared with the public through the Council Update Newsletter, Facebook, and Twitter.• Magnets with the STR Helper Hotline information have arrived and are being provided to Home Owners Associations.• The Town of Breckenridge will be collaborating with all Jurisdictions in Summit County in June 2019 on a county wide marketing campaign.• The phone number to lodge complaints was included on the most recent water bill as additional marketing.• This report will be provided to Town Council on a monthly basis.

* June #s are as of 6/13/2019

0

500

1000

1500

2000

2500

3000

3500

4000

2011 2012 2013 2014 2015 2016 2017 2018 2019

2,899 2,881 2,9113,341 3,385 3,388 3,572 3,737 3,783

Number of Short Term Rental Licenses by Year

0

10000000

20000000

30000000

40000000

50000000

60000000

70000000

80000000

Self Managed Lodge Other Mgmt Condo/Hotel Timeshare

Taxable Sales by Mgmt Type

2011 2015 2018 YTD 2019

* In 2014, a change in licensing of timeshares changed causing a spike.

*

53

1


From: Shannon Haynes, Assistant Town Manager

Date: 6/18/2019

Subject: Firecracker 50 Financial Ask

Recently Jeff Westcott, event producer of the Firecracker 50 and other local biking events, provided Staff with a request for the Town to provide financial support for the event. In the request memo (attached) Jeff details some of the successes of the Firecracker event, including, but not limited to: Zero waste (pre-filled reusable water bottles at aid stations), Bike and Bag check to help alleviate the parking crunch (participants and spectators can ride their bikes to/from the event), and the cultural integration of the event into July 4th festivities in Breckenridge. The “raise the bar” of the event Jeff is requesting $15,000 from the Town to do the following:

• Increase the cash purse. For many years the event has provided an equal payout for Pro Men and Pro Women. The amount has been $600 each. Jeff would like to change the payout to the following:

o 1st Place - $2,000 o 2nd Place - $1,000 o 3rd Place - $500 o 4th Place - $250

• Finish line and Award backdrop signage. The coroplast signage for the finishing truss and

awards backdrop is being redesigned. The product is expense, but provides for media exposure. The new design will have the TOB logo.

• Videography. Funds would be used to hire a video crew.

• Live Streaming Results.

• General Expense. Any remaining funds would be used to offset operating expenses to include

the post-race athlete meal, event swag, etc. I will be available at the June 25th work session to answer any questions.

54

The Firecracker 50 was born in 2001. At that time, it was a unique distance in Cross Country Mountain Bike Racing. In fact, it was the first 50-miler; hence the slogan “The Original 50 Miler”.

Dave Wiens, Mountain Bike Hall of Famer and present Executive Director of the International Mountain Bike Association (IMBA), took the inaugural win. Year one had 100 participants. It more than doubled in year two and reached 360 riders in year three. The event continued to grow until a 750-rider limit was established by the Forest Service.

Several components make the Firecracker 50 extremely unique; some say in a class by itself. It’s cultural integration into the town’s 4th of July celebration is probably its biggest asset. The “Go Long, Go Light” approach has received huge reviews over the years as racers can leave the hydration pack at home and count on the pre-filled bottles at the Aid Stations. Those Aid Stations are staffed with enthusiastic volunteers including many from local non-profits to which we donate (Team Breckenridge, Summit Youth Hockey, The Cycle Effect). Carter Park is perfect as family members can watch the parade, then walk to see racers. And of course, there’s the Parade Start. What better way to start a race? So, it’s hard to pin its success and longevity on any one of these. Rather, it’s the totality of the experience that makes it special. We’ve continued to add features including Zero Waste, a Free Bike/Bag Check (to help alleviate the parking crunch on one of Breck’s busiest days), and quick result production. This year is no different. We’d like to raise the bar again. This is where I need help! I respectfully request $15000 from the Town of Breckenridge in support of this culturally integrated long-standing event.

Where would the money go?

1. PRO CASH PURSE For many years, we have provided an equal payout to Pro Men and Pro Women (we were the first to do this). Our payout has been the same for many years and we’d like to increase it. The amount has been decent at $600 for 1st place. We’d like to make a strong statement to Pro racers with the following payout for Men and Women each. 1st Place=$2000 2nd Place=$1000 3rd Place =$500 4th Place =$250 This will put the Firecracker in the top tier, payout wise, of domestic mountain bike racing.

2. FINISH LINE and AWARD BACKDROP SIGNAGE We are redesigning coroplast signage for the finish truss and awards backdrop. The product is very expensive. These areas get a ton of media exposure from the photographers covering the event. The Town of Breck logo would be included in the design.

3. VIDEOGRAPHY We would like to pay a crew to capture the event on video for post-race recap and story.

4. LIVE RESULTS STREAMING There are costs associated with this including the writing of code and staff to implement it seamlessly.

55

5. GENERAL EXPENSE Any remaining funds would be used to offset any number of event operating expenses including the post-race athlete meal, event swag etc.

To be clear, this is NOT a play for more participation! As noted earlier, the event is capped at 750. Rather, this would keep the Firecracker in a class by itself. It would help maintain the Firecracker as Prestigious and Elite. This would help the Firecracker maintain its novelty and cache’ as a premier event with a National reputation and something all of Breckenridge can take pride in.

Thank you for your time and consideration. I look forward to your response.

Sincerely,

Jeff Westcott Maverick Sports Promotions “Where the Athlete is First” [email protected] 970-390-4760

RACE FACTS 750 Field Limit-Many choose the 2-person Team Relay so when you add that 2nd teammate there are 1000 people in the event…but only a max of 750 on course at once.

Race is conducted over 2 laps that transition through Carter Park. This makes for excellent spectating and media exposure.

The course provides easy access at many points.

DEMOGRAPHICS 80% Men/20% Women 53% over the age of 40 34% ages 25-40 13% under the age of 25

Majority of racers from Colorado and Utah with more than half the 50 states represented.

Countries represented include United Kingdom, Austria, Switzerland, Canada, Germany and Italy

56

mailto:[email protected]

1


From: Julia Puester, AICP, Planning Manager

Date: 6/18/2019

Subject: Handbook of Design Standards for the Conservation and Historic District Stakeholder Group Consensus and Open House Results

The Breckenridge Heritage Alliance received a grant in 2017 to have cultural resource surveys updated on a number of properties within the historic district. The properties selected for inclusion in the surveys had either not been surveyed in the past, or they had recent restoration work or additions. The Commission received a presentation from Carl McWilliams of Cultural Resource Historians at the June 5, 2018 meeting regarding the results of the surveys. The review of the cultural resource survey work by the State of Colorado, who administers the Certified Local Governments (CLG) program, resulted in concerns and rating downgrades with some of the additions done in the last ten plus years and also identified additional properties that are 50 years old and are presently outside of the Town’s period of significance (1942). Staff hired Winter & Company, the authors of the original Handbook of Design Standards in the Conservation and Historic Districts, to review revisions and new interpretations of the Secretary of Interior Standards for Rehabilitating Historic Structures in relation to the Town’s Handbook and relevant Development Code policies. Winter & Company developed a series of recommendations that were first shared with the public at a March 19, 2019 open house. At the public open house, staff heard concerns from some members of the public on these recommendations. In response, the Town Council directed staff to assemble a stakeholders group to further vet the recommendations. The stakeholder group included representation from a number of interest parties that would be affected by the outcome. Members of the stakeholders group include Robin Theobald (landowner), Janet Sutterly (architect), Turk Montepare (realtor), Dave Karoly (realtor), Larry Crispell (landowner), Tim Casey (landowner), and Mike Giller and Steve Gerard (chair and vice-chair of the Planning Commission). Staff has had five meetings with the stakeholders group, with updates to the Planning Commission and Town Council along the way. On June 12th, staff hosted a second open house on the stakeholder’s recommendations. The steps that have been taken to date include: Planning Commission Work Sessions: • June 5, 2018-Planning Commission work session on Cultural Resource Survey Results with Carl McWilliams • November 9, 2018- Planning Commission Field Trip of Historic District • January 2 – Work session • February 19 – Work session • May 21, 2019 – Work session • June 4, 2019– Work session

57

Town Council Meetings: • March 12, 2019- Town Council work session • March 12, 2019- First reading of temporary moratorium ordinance • March 26, 2019- Second reading of temporary moratorium ordinance • May 28, 2019- Stakeholder group update Public Open Houses: • March 19, 2019 • June 12, 2019 Stakeholder Meetings: • April 10, 2019 • April 24, 2019 • May 7, 2019 • May 21, 2019 • June 4, 2019 Stakeholder Group Recommendations and Open House: Staff has provided an attachment with a comparison chart of the original recommendations from Winter & Co. presented at the first open house in March (left column) and the consensus reached by the stakeholders group which was presented at the June 12 open house (right column). The open house was attended by approximately 20 people, some of which included stakeholder group members. At the open house, there were some questions for clarification by the audience. The overall reaction of the public was supportive of the recommendations. Below are the recommendations presented at the June open house. Density and Mass • Residential additions limited to one additional module of average size (as determined by

the existing established average module size per Character Area in the Handbook). • No change to existing UPA policy. • No change to existing commercial character areas and new (non-historic and vacant)

residential. • Mass Bonus (in character areas which allow for mass bonuses, which are generally

residential) allowed with negative points. The more mass, the more negative points, up to a maximum of 15%. Mass additions should be well screened as viewed from the street.

Additions • The position of the addition - especially regarding the alignment of the sidewalls-should be

consistent with the sidewall alignments of the surviving historic building. At least oine sidewall plane shall not have a lessor setback than the side wall plane of the historic structure. Maintaining the plane of both sidewalls is preferred and would receive positive points.

• Designs that appear as two separate buildings (which may incorporate an underground connector between the structures) would receive positive points.

• Additions to historic structures may be ½ story taller than the historic building (up to a maximum of 2 stories).

Moving Historic Structures • Allow historic buildings to be moved, but would incur negative points per existing code. • No negative points to - fix encroachments; for drainage improvements; and for street

construction/realignment issues that create a scenario where moving the historic structure is appropriate.

Building Height • No change to the existing code for non-historic buildings/sites.

58

• For additions to historic structures, no more than ½ story in height taller for the addition than the primary historic structure, up to 2 stories maximum.

Connectors • One connector allowed. • The one connector may only project from the rear of the historic building. • Length:

o 10’ minimum; and o no specific maximum limitation.

• Width: o Connector must step in four feet on each side from the sidewalls of the historic

structure. o An exception can be made for narrow historic structures. o The historic wall should be preserved except for a standard size door opening

(interior wall); and o (Alternative proposal to the four foot step in above is that the connector would not

exceed 2/3rds the wall plane of the historic structure). We are seeking Council feedback on these two options.

• Below grade and open air (breezeway) connectors would receive positive points. • Should be clearly subordinate to structures which are connected. • Rooflines should step down to follow topography and remain lower than the historic

structure. Paving/Parking • Paving strips or similar solutions in appearance. • If property has alley access, then parking is required to be provided off the alley. • For properties with no alley access, access may be taken from the side yard. • Parking in the front yard (e.g. in front of the primary structure) is not allowed. Staff believes that the process worked well and resulted in a compromise that is generally acceptable to various interest groups. Staff will be available at the Council meeting to present an overview of the consensus points and the open house results, and would like to hear feedback from the Council at that time. Staff would also like to propose to have the Handbook of Design Standards revisions be presented as an emergency ordinance, at second reading, tentatively scheduled for the August 13th Town Council meeting. The proposed language in the ordinance would both end the temporary moratorium, and make the changes to the Design Standards become effective immediately. The emergency ordinance action would end the moratorium some six weeks prior to the end date of the six month timeframe enacted in the original ordinance (September 26th ). Having the second reading as an emergency ordinance would eliminate the required 35 day wait period for an ordinance to become effective, and allow it to go into effect the same day as the second reading.

59

Handbook of Design Standards Stakeholder Group Recommendations

Compared to First Public Open House (March 13)

June 12, 2019 Open House

Topic Recommendations to Come into Conformance with SOI

(Winter& Co.)

Stakeholder Group Recommendations

Density & Mass

• Eliminate massing bonuses within the Historic District.

• Eliminate the ability to go up to 12 UPA with negative points.

• Allow up to 10 UPA within the Historic District rather than 9 UPA (flexibility to use all as density or use some for mass for garage). 10 UPA includes both density and mass.

• Incorporate all above ground structures in UPA calculations including garages and all secondary structures.

• Residential additions limited to one additional module of average size (as determined by the existing established average module size per Character Area in the Handbook).

• No change to existing UPA policy. • No change to existing commercial character

areas and new (non-historic and vacant) residential.

• Mass Bonus (in character areas which allow for mass bonuses, which are generally residential) allowed with negative points. The more mass, the more negative points, up to a maximum of 15%. Mass additions should be well screened as viewed from the street.

Additions • Designs that appear as two

separate buildings (which may incorporate an underground connector between the structures) would receive positive points.

• Design standards to produce clearly subordinate additions.

• Designs that maintain the general ratio, or perception, of building to open space on the lot are preferred.

• Any new above ground building or addition must not exceed 100% of the square footage of the above grade square footage of the primary historic structure.

• The proportion of the addition should respect the proportions of the historic building.

• Additions and new secondary structures building heights limited to no more than ½ story taller

• The position of the addition- especially regarding the alignment of the sidewalls-should be compared to the sidewalls of the historic building. One sidewall plane shall not exceed the side wall plane of the historic structure. Maintaining the plane of both sidewalls is preferred and would receive positive points.

• Designs that appear as two separate buildings (which may incorporate an underground connector between the structures) would receive positive points.

• Additions to historic structures may be ½ story taller than the historic building (up to a max of 2 stories).

60


(Winter& Co.)


than the surviving historic structure.

• Roof form should be simple and orientation on the new structure or addition is encouraged to be perpendicular to the historic structure.

• The position of the addition- especially regarding the alignment of the sidewalls-should be compared to the sidewalls of the historic building. One sidewall plane shall not exceed the side wall plane of the historic structure. Maintaining the plane of both sidewalls is preferred.

Connectors

• One connector allowed. • The one connector may only

project from the rear of the historic building.

• Length: 12 feet max • Width: 8 feet max • Should be clearly subordinate to

structures which are connected. • Rooflines should step down to

follow topography and remain lower than the historic structure.

• Below grade connectors are encouraged.

• One connector allowed. • The one connector may only project from

the rear of the historic building. • Length:

• 10’ minimum; and • no specific maximum limitation.

• Width: • Connector must step in four feet on

each side from sidewalls of historic structure.

• An exception can be made for narrow historic structures.

• The historic wall should be preserved except for a standard size door opening (interior wall);

• (Alternative proposal to the four foot step in above is that the connector would not exceed 2/3rds the wall plane of the historic structure); and

• Below grade and open air (breezeway) connector would receive positive points.

• Should be clearly subordinate to structures which are connected.

• Rooflines should step down to follow topography and remain lower than the historic structure.

61


(Winter& Co.)


Moving Historic

Structures

• Historic structures are not allowed to be moved.

• A variance process will be created with criteria which would allow for the moving of a historic building, such as an encroachment or hazardous condition affecting the structure. Moving a structure for development purposes is not allowed.

• Allow historic buildings to be moved with negative points per existing code.

• No negative points: to fix encroachments; for drainage reasons; and for street construction/realignment issues that create a scenario where the movement of the historic structure is appropriate.

Paved Areas • Excessive non-porous paving material will receive negative points.

• Require paving strips for vehicular access.

• Paving strips or alternative installment similar in appearance.

Parking • New parking spaces in front yards are not allowed.

• Parking is preferred in rear and side yards.

• If property has alley access, parking is required to be provided off the alley.

• For properties with no alley access, access may be taken from the side yard.

• Parking in the front yard (e.g. in front of the primary structure) is not allowed.

Rating System

(Priority Policy 20)

• A rating system consistent with the SOI standards of two categories will be implemented (Contributing and non-contributing).

• A rating system consistent with the SOI standards of two categories will be implemented (Contributing and non-contributing).

62

1


From: Julia Puester, AICP, Planning Manager

Date: 6/14/19

Subject: PC Vacancy: Letter Request from Mike Giller regarding attendance

Planning Commission Chairman, Mike Giller has missed five consecutive meetings in a twelve month period as of June 18, 2019 per Town Code Section 2-2-4 (D) and as such, has submitted a letter requesting the Town Council approve his continued appointment to the Commission.

Per Town Code Section 2-2-4 (D): A member misses three (3) consecutive regularly scheduled or duly advertised special meetings of the commission, or five (5) regularly scheduled meetings in any twelve (12) month period of time. Provided, however, upon written request by the commission member to the Town Council, within fifteen (15) days of missing said third or fifth meeting, the Town Council, for good cause shown, may by majority vote of all the Council members in office at the time, allow the member to remain on the commission upon such further terms and conditions as may be determined by the Town Council. (Ord. 31, Series 2007)

Mike has served a partial term having started in 2016 (to fill a vacancy left by Kate Christopher) and is in his second term of Planning Commission. His current term ends in 2022. Staff believes that Mike has been a valuable member of the Planning Commission, lending his professional expertise with the National Park Service in architecture and historic preservation to projects in Town. He also has regularly attended annual conferences and has also recently served as a Planning Commission representative for the Handbook of Design Standards Stakeholder Group, actively participating in the meetings.

Staff has attached the letter from Mike Giller for review and discussion. Staff is supportive of Mr. Giller remaining on the Commission and will be available at the meeting to answer any questions or make any clarifications.

63

Memorandum

Date: June 11, 2019

From: Mike Giller [email protected]

To: Breckenridge Town Council Via Julia Puester; [email protected]

Subject: Planning Commission Absence

Please consider this written request to the Town Council to remain on the Planning Commission. Regrettably, I am missing a fifth meeting in a twelve month period, with the absences as follows:

• 7/03/2018, 8/07/2018, and 6/22/2019; on work travel. • 2/19/2019; the passing of my father and funeral services. • 5/7/2019; a personal trip to the Grand Canyon, as this is when the permit was available.

Please know that I respect the role of the commission in reviewing projects and upholding the Town Code. During the past year I served on the Design Standards Stakeholder group, helping update the Conservation District standards. I also furthered my understanding of planning and preservation by attending the Colorado Chapter APA Conference and the Saving Places Conference.

I apologize for my absences, and I trust that this is sufficient good cause shown to continue to serve.

Mike Giller

64

mailto:[email protected]

1

Memo To: Breckenridge Town Council

From: Brian Waldes, Finance Director

Date: 6.19.19

Subject: Short Term Rental Regulations

The purpose of this memo is to follow up on the Council conversation at the 5.28.19 work session regarding the status of our current Short Term Rental (STR) regulations and potential next steps for regulations and enforcement.

Background

At the 5.28.19 work session, several impacts of the STR economy were discussed. Staff has since researched potential methods for addressing these impacts. We have also reached out to several municipalities that have implemented these measures for feedback. The items discussed are listed below with potential next steps included.

1. Occupancy – High occupancy STR units are seen as a driver of many of the community impacts we see, such as parking, trash, and noise issues. Below is a table showing some existing occupancy regulations from other Colorado municipalities.

Entity Occupancy Restriction Eagle County Eagle County Land use codes state no more than one person per

every 300 square feet Estes Park 2 per bedroom, plus 2 up to 8 total

Large vacation home application can be applied for homes larger than 3 bedroom

Golden 4 unrelated

Snowmass Village

Yes, under the land use code, 4 unrelated adults more than 30 days

Summit County 2 per BR + 4 or 1 per 200 sq ft OR septic system design capacity

Boulder determined by zone map

We initially omitted any reference to occupancy limits in our current measures. Other municipalities had considered them, but decided against implementing occupancy limits due to citizen feedback and difficulty in enforcement. We could police advertisements that list occupancy limits to make sure they reconcile with the limit imposed on that particular unit. Some provide for an appeals process that could entail a site visit to raise the allowed occupancy. Most municipalities that have an occupancy provision conduct inspections of every licensed STR to verify the occupancy calculation.

65

2. Water Usage – A tiered water rate structure that would create a rate for STR properties is an option that was also discussed at the work session. Staff did a usage comparison between licensed STR properties and non-rental properties. The table below shows the results of the comparison;

Category Per billing cycle by SFE for 2017-18 (1,000Gals)

Wellington Market 10.15 Wellington Deed Restricted 10.37 Highlands non-STR 7.95 Huron Landing 7.44 Beaver Run STR 7.77 Trails End STR 5.65 Highlands STR 9.83 Single Family STRs 9.79

It is very important to note that the measurement increment in our water usage data is 1,000 gallons, which is a substantial amount of water. An additional usage of 250 gallons a day would not even resister in our system until the fourth day. In addition, our water system has to be prepared to handle peak demand, which is not accounted for above. One of the many important factors that led to the new water plant project was that we would no longer be able to meet peak demand in the near future. Even if an STR property uses less water on an annual basis, they contribute disproportionately to our peak demand levels.

The Town’s 2019 water rate schedule is included below. Options for modifying the rates could include using the out of Town rates for STR properties, or creating a new rate tier for STRs. The STR water rate could be tied to the potential higher volume category of STRs discussed below in the “licensing fee” bullet point. We are not aware of any examples of this process.

Budget Year 2018 2019

Water Rate Increase 5% 5%

Gallon Allocation per Billing Period

In-Town Base per Billing Period 10,000 37.98 39.88

Out-of-Town Base per Billing Period (1.5 x in-town rate) 10,000 56.97 59.82

Excess (Rate per 1,000 gallons over allocated gallons per billing

period; See Note 3) NA 5.79 6.08

66

3. Impact/Housing Replacement Fees – The concept of an impact fee associated with an STR BOLT license would allow the Town to further fund programs to address the impacts of the STR economy. Funds collected in such a manner could be designated to the Affordable Housing fund, for example. There are no examples of impact fees tied to STR activity that we could find. Such a fee could be imposed without an election, but would need to be tied to a program expense.

4. Fine Schedule – We implemented a graduated fine schedule for STR code violations on

January 1, 2019. Violations are handled administratively. In comparing our regulations with those of other municipalities, we have found that we are unique in that way. Other Towns handle violations through the court process, which allows for higher maximum fines without regard for the number of previous violations.

We do issue a warning before an STR is subject to the fine schedule listed below.

Municipality Fines

Georgetown $999/$2,650 for subsequent convictions Vail up to $2,650 Crested Butte $1,000/day Aspen up to $2,650

Breckenridge Violation Breckenridge Fines First violation within 12 months $200 or license suspension for 30 days Second violation within 12 months $500 or license suspension for 60 days Third violation within 12 months $999 or license suspension for 90 days Fourth (+) violations within 12 months Suspension up to 1 year.

To date we have levied one fine, and issued 8 warnings. The fine schedule is set by ordinance, and can be changed by Council by the two-reading process. We could consider eliminating he warning step as well.

5. Licensing Fees – Our BOLT and accommodations administrative fees are listed in a table below

and compared with those of other municipalities. As you can see from the table, Breckenridge is the only Town that has a gradated BOLT schedule, as well as an additional administrative fee. Other Towns use a single rate structure and do not have a fee. Some do have a different renewal rate. These differences make comparisons a little tricky, but our BOLT and admin fee rates put us on the low end for the smaller units, and towards the top when comparing the rate for 3 or 4 bedroom units.

Municipality Initial Rate Renewal Rate Crested Butte $ 750 $ 750 Georgetown $ 581 $ 250 Minturn $ 300 $ 300 Beaver Creek $ 200 $ 200 Crested Butte (Primary Residence Rentals) $ 200 $ 200 Vail $ 150 $ 150 Aspen $ 150 $ 150 Summit County $ 150 $ 75 Frisco $ 125 $ 125

67

Breckenridge Admin and BOLT Fees Category Admin Fee BOLT TOTAL Breck studio $ 25 $ 75 $ 100 Breck 1 Bdr $ 30 $ 100 $ 130 Breck 2 Bdr $ 35 $ 125 $ 160 Breck 3 Bdr $ 100 $ 150 $ 250 Breck 4 Bdr+ $ 150 $ 175 $ 325

We have the ability to change the BOLT amounts through a TABOR election. The administrative fees must approximate the cost of administering the STR compliance program. As such, we cannot raise the admin fees without an equal increase in the cost of the compliance programs.

We have analyzed the concept of a bifurcated BOLT rate schedule, where higher volume STR properties pay a different BOLT fee. We have not found extant examples of this concept. Our thoughts in this area would include gradating the STRs by dollar volume, as verifying the number of days rented would be difficult. Dollar volume is an amount already reported by properties, and would be an effective way to categorize STRs. This method would have the effect of grouping both higher volume STR properties and larger (i.e. more expensive) STRs together in the higher tier.

6. Ownership/Occupancy Requirements – It is possible to require STRs be owner occupied, primary residences, or be owner occupied for a period of time. Some examples seem fairly simple to enforce, such as Minturn’s rule that a property can only STR after being owned for 2 years. Golden requires a property be ‘owner occupied’ for 10 months, which would be much harder to track and verify.

Municipality Regulation Golden Owner occupied for 10 mos./year Denver can only STR primary residence Minturn Must own for 2 years before STR

Conclusion and Next Steps

We have spent a lot of time researching existing rules and regulations around STR in other municipalities as well as developing some new ideas. While completing this effort, we try to keep in mind the overall goal; to regulate STRs in such a way that is equitable and allows both the Town and STR owners to thrive. Our current measures have worked as intended and our hope is that, through working with Council and our community, our next steps have the same success.

None of the 6 concepts proposed above are completely developed. They are meant to guide our conversation on June 25th towards determining which concepts we want to pursue further.

As always, staff will be at work session to answer any questions Council may have. Please feel free to contact us with any questions you may have in advance of the meeting.

68

memo · dumpster ordinance (first reading) resolution to adopt an iga for fire restrictions...

Documents