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					                             SILVERTHORNE TOWN COUNCIL
                                    Meeting Minutes
                               Wednesday, October 24, 2007

CALL TO ORDER/ROLL CALL/APPROVAL OF AGENDA:
Those members present and answering Roll Call were Mayor Dave Koop, Council Members
Peggy Long, Kevin McDonald, Vince Lanuza, Stuart Richardson and Steve Swanson. Staff
members present were Town Manager Kevin Batchelder, Attorney Jerry Dahl, Sgt Tim
Osborne, Administrative Services Director Donna Braun, Recreation Director Tammy
Jamieson, Public Works Director Bill Linfield, Senior Planner Michael Johnson, Ryan Hyland
Assistant to Town Manager, Susan Lee Miller Planner II and Town Clerk Michele Karlin.
Rosanne Shaw arrived late.

STAFF COMMENTS:
Jamieson updated Council on the upcoming events at the Pavilion and Recreation Center.

COUNCIL COMMENTS:
None

CONSENT CALENDAR:
THE CONSENT CALENDAR INCLUDING THE MINUTES FROM OCTOBER 10, 2007 AND
RESOLUTION 2007 - 24, APPROVAL TO SUBMIT GOCO GRANT WAS PASSED. (SHAW
ABSENT)

CITIZEN COMMENTS:
None

PUBLIC PRESENTATIONS:
None

LIQUOR BOARD:
Wills Investments I, LLC and 7-Eleven dba 7-Eleven Store 39033A – Transfer of
Retail 3.2% Beer off Premise Liquor License
RICHARDSON MOVED TO APPROVE WILL INVESTMENTS 1 AND 7-ELEVEN, INC. DBA
7-ELEVEN STORE #39033A TRANSFER OF RETAIL 3.2% BEER OFF-PREMISES LIQUOR
LICENSES. MOTION SECONDED. MOTION PASSED BY COUNCIL. (SHAW ABSENT)


PUBLIC HEARINGS:
A. Conditional Use Permit - Hermanussen Single Apartment, 444 Cascade Circle, Lot 4,
Block 4, Beaver Valley Subdivision
Long informed Council that she has received a notification letter regarding the applicant’s CUP
application, because she lives within two hundred feet of the Hermanussen property.
Council asked Long if she felt that she could be impartial in her decision.
Long replied that she could.
Public hearing opened by Mayor Koop.
Senior Planner Michael Johnson presented the applicant’s request for approval of a CUP for a
single apartment in an R-6 Zone District. He reviewed his staff report and requested denial.
October 24, 2007
Page 1
Town of Silverthorne Town Council Meeting Minutes
Council question period opened by Mayor Koop.
McDonald asked for clarification on the approval by the Planning Commission and the Town
Code residency requirement.
Dahl stated the intent of the Town Code was to have the applicant live in one of the units
which are only indicators for Council’s consideration. Residency is determined beyond a list of
things such as driver’s license or voter registration. The applicant stated that he resides at this
location 25% of the time and that is not sufficient. An owner present and living in the dwelling
has a different impact on the renters.
Long asked about the existing house square footage, does it include the garage?
Staff stated it is an attached garage and therefore included in the square footage calculation.
John Hermanussen, 444 Cascade Circle, stated he is a part-time resident. This week he
registered his vehicle, obtained a driver’s license, and registered voter at this location. He
does not spend every night there, probably half the time. He feels he can enforce his very
strict lease. He addressed the neighbors concerns brought up at the Planning Commission
meeting. He acknowledged they bought in a single family neighborhood and they want to
keep it that way, he does too. There are several other informal rentals in the neighborhood
but he is trying to make his above board. He wants to make sure the tenants have a safe
rental unit. Council can interpret the residency requirement as they want to but from a
practical standpoint this will not have a negative impact on the neighborhood. Some of the
suggested restrictions would have a positive effect on the neighborhood. It is a single family
house and it is much bigger than he needs and he would have motivation to have multiple
roommates. He requested Council interpret the residency requirement and grant the CUP
request.

Rosanne Shaw arrived at 6:21
Long asked Hermanussen where his family lives, where he receives mail. What is your
occupation?
Hermanussen stated his family lives in Golden and his kids attend school there. He has a post
office box here and mail delivered in Golden. He is a realtor by occupation and he works in
Summit County one to three days a week.
Richardson asked were you aware of the apartment in the house when you purchased it? Will
the top and bottom of the house be for your family?
Hermanussen stated the apartment was a huge mess when he purchased it and he is in the
process of bringing it up to code. He stated if the CUP is approved he is planning on keeping
the top and bottom for his family and the apartment for a renter.
Dahl asked to make a record with Shaw since she came in after the staff presentation to make
sure she can participate. Dahl asked Shaw if after the staff report and hearing some of the
testimony, would she be able to render an informed decision.
Shaw stated she would like to excuse herself because she did not hear the totality of the
presentation.
Dahl asked Shaw to step down.
Shaw removed herself from the meeting room.
Public comments period was opened by Mayor Koop
Carolyn Crist, 440 Cascade Circle, stated she has lived in this neighborhood for ten years.
She was not aware of an apartment across the street at that time she purchased her home.
There have been ongoing issues there over the years; no removal of snow, no mowing the
lawn and parking. If Hermanussen is going to be an absent landowner the issues will
continue.

October 24, 2007
Page 2
Town of Silverthorne Town Council Meeting Minutes
Alice Dudley, 449 Cascade Circle, asked Council what constitutes residency, does changing
voter registration mean a person is a resident. His (the applicant’s) kids don’t attend Summit
County schools and when he votes does he care about the local issues. Things were not
done to the outside of the home with the present renter. This is a single family neighborhood
and they want to keep it that way.
Glenn Anderson 444 Cascade Circle, stated they were not aware apartments were allowed in
their neighborhood until they attended the Planning Commission meeting. He has lived in the
neighborhood for twenty years. This has been a very run down apartment. If Hermannussen
changes jobs it could mean the house could have multiple apartments located upstairs,
downstairs and in the back.
Council comments period was opened by Mayor Koop
Lanuza reviewed conditions three and four. The applicant has already indicated he will not
live in the home full time. The intent of the Town Code was to ensure that a full time resident
resides at the property. The neighbors have indicated past problems with the upkeep and he
wonders how that would change with approval.
Long hates so many conditions on approval with no double checks. Changing drivers license
does not mean you are a full time resident. She addressed conditions eight and nine. The
applicant has told Council that his family lives in Golden. Other rental units in the
neighborhood are owner occupied. This is a neighborhood of working people who live in these
homes. Rental units don’t make contributions to the neighborhood. This is a single family
neighborhood and she want to keep it that way. She will not support this application.
Swanson stated there are five approved rental units in his neighborhood. He is not opposed
to rental units in residential areas but they must be managed properly. The units must be
owner occupied for the success of the rental unit and the neighborhood. Having best
intentions to have good renters does not guarantee that it will happen. There are no problems
with owner occupied units, because they police their own renters. The applicant must be a
full time resident for him to approve this CUP.
McDonald appreciates the applicant’s honesty but he does not consider Hermanussen a full
time resident. He has lived in an accessory apartment but it was owner occupied. He feels
this makes a difference. He understands there is a shortage of short term rentals and he
would support this if the applicant lived here full time. There is a difference when you occupy
the home full time. A primary resident means you live there all the time and are there to police
your tenants. He does not support approving this CUP request.
Richardson agrees with the other Council members’ comments. If the owner has owned the
property for three years and there are complaints regarding the maintenance this will only
continue? You are not a good property owner so you would not be a good landlord. He is
against approval.
Koop stated maintaining continuous residency is imperative for residency. There is a different
attitude between renters and owners. He views this as a second home. He would not support
a CUP approval.
Dahl reviewed a denial motion with Council.
Lanuza appreciates applicant honesty.
LANUZA MOVED TO DENY TO DENY THE HERMANUSSEN SINGLE APARTMENT
CONDITIONAL USE PERMIT BASED UPON THE FINDING THAT THE APPLICANT DOES
NOT MEET CODE SECTION 4-4-21, SINGLE APARTMENTS, PARAGRAPH 8,
REGARDING CONTINUOUS RESIDENCY REQUIREMENTS AND SECTION 4-4-19(D),
PARAGRAPHS 3, 4 AND 6, WHICH RELATE TO COMPATIBILITY WITH ADJACENT USES,
SUITABILITY OF LOCATION FOR THIS USE, AND ABILITY OF THE APPLICANT TO MEET

October 24, 2007
Page 3
Town of Silverthorne Town Council Meeting Minutes
THE CONDITIONS.             MOTION SECONDED.        MOTION PASSED BY COUNCIL. (SHAW
ABSTAINS)

Shaw rejoined the meeting.

BOARD OF ADJUSTMENT:
None

ACTION ITEMS:

A.      Comprehensive Sign Plan Modification - Outlets at Silverthorne, Silverthorne
        Factory Stores Phase I and II Subdivisions, and Riverview Subdivision Filing 2
Susan Lee, Planner II, presented the applicant’s Comprehensive Sign Plan for Council’s
consideration. She reviewed her staff memo and requested approval.
Long asked if the proposed changes are the same as the other phases.
Lee stated these are the same type of changes.
Rob Goodell stated they have been working with staff to clean up areas so they are uniform in
their signage.
Swanson stated there are no surprises and everything is looking better.
LONG MOVED TO APPROVE THE COMPREHENSIVE SIGN PLAN MODIFICATION FOR
THE OUTLETS AT SILVERTHORNE.                   MOTION SECONDED.            MOTION PASSED
UNANIMOUSLY BY COUNCIL.

B.    Resolution 2007-11 - A Resolution Finding Substantial Compliance and Setting a
      Public Hearing Date for South Maryland Creek Ranch II
Michael Johnson, Senior Planner presented Resolution 2007-11 for Council’s consideration. He
reviewed his staff report dated 10-18-07 and requested approval.
Koop asked about wording of the resolution.
SWANSON MOVED TO APPROVE RESOLUTION 2007-11 A RESOLUTION FINDING
SUBSTANTIAL COMPLIANCE, INITIATING ANNEXATION PROCEEDINGS AND SETTING A
PUBLIC HEARING DATE FOR ANNEXATION OF THE SOUTH MARYLAND CREEK RANCH
II PROPERTY. MOTION SECONDED. MOTION PASSED UNANIMOUSLY BY COUNCIL.

C.    Ordinance 2007-18 - Appropriations of Fiscal Year 2008
Batchelder presented Ordinance 2007-18 approving the 2008 Budget on first reading to Council.
He presented the 2008 Budget to Council. He acknowledged the work by Braun and staff to
make this budget come together. He reviewed the staff report highlighting the projected
revenues and expenditures for the nine funds. He thanked all involved for the hard work.
Finance Director Donna Braun reviewed fund balances. The
Town is conservative in their estimates. There is a six month balance in reserves at all times.
Koop appreciates the level of information presented by Braun on the budget.
LANUZA MOVED TO APPROVE ORDINANCE 2007-18 ON FIRST READING AN
ORDINANCE RECOGNIZING REVENUES, APPROPRIATING EXPENDITURES, APPROVING
TRANSFERS AND ADOPTING THE TOWN OF SILVERTHORNE, JOINT SEWER
AUTHORITY AND THE SOUTH MARYLAND CREEK RANCH GENERAL IMPROVEMENT
DISTRICT BUDGETS FOR THE YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2008
AND ENDING ON THE LAST DAY OF DECEMBER, 2008. MOTION SECONDED. MOTION
PASSED UNANIMOUSLY BY COUNCIL.
October 24, 2007
Page 4
Town of Silverthorne Town Council Meeting Minutes
D.    Ordinance 2007-19 - Changes in Rates & Fees
Finance Director Donna Braun presented Ordinance 2007-19 establishing free rates and
charges effective 2008. She reviewed her staff memo dated 10-17-07 and requested approval.
MCDONALD MOVED TO APPROVE ORDINANCE 2007-19 ON FIRST READING, AN
ORDINANCE ESTABLISHING FEES, RATES AND CHARGES. MOTION SECONDED.
MOTION PASSED UNANIMOUSLY BY COUNCIL

E.    Ordinance 2007-20 - Appropriation Changes for Fiscal Year 2007
Finance Director Donna Braun presented Ordinance 2007-20 an appropriations ordinance
amending the 2007 budget to allow for the adjustment to revenues and expenditures. She
reviewed her staff report dated 10-17-07 and requested approval.
Lanuza asked about the Angler Mountain Ranch lots selling for 400,000.00.
Braun stated yes.
LANUZA MOVED TO APPROVE ORDINANCE 2007-20 ON FIRST READING. MOTION
SECONDED. MOTION PASSED UNANIMOUSLY BY COUNCIL.

F.    Ordinance 2007-21 - Setting South Maryland Creek Ranch General Property Tax for
      Fiscal Year 2008
Finance Director Donna Braun presented Ordinance 2007-21 setting the property tax mill levy for
South Maryland Creek Ranch. She reviewed her staff report and requested approval.
SHAW MOVED TO APPROVE ORDINANCE 2007-21 ON FIRST READING AN ORDINANCE
LEVYING PROPERTY TAXES FOR THE TAXABLE YEAR 2007 ON THE SOUTH
MARYLAND CREEK RANCH GENERAL IMPROVEMENT DISTRICT. MOTION PASSED
UNANIMOUSLY BY COUNCIL.

DISCUSSION ITEMS:

Long reported on the Housing Authority meeting.

EXECUTIVE SESSION:
None

INFORMATIONAL:

RICHARDSON MOVED TO ADJOURN. MOTION SECONDED. MEETING ADJOURNED AT
7:18 P.M.


__________________________________________
DAVE KOOP, MAYOR

                                                    ATTEST
                                                    _____________________________________

                                                    MICHELE KARLIN, TOWN CLERK




October 24, 2007
Page 5
Town of Silverthorne Town Council Meeting Minutes
These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each
statement, person speaking or to portray with complete accuracy. The most accurate record of the meeting is the videotape of the meeting,
maintained in the office of the Town Clerk.




October 24, 2007
Page 6

				
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