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04-04-11 Town Council Minutes SNOWMASS VILLAGE REGULAR MEETING MINUTES APRIL 4, 2011 CALL TO ORDER AT 4:00 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, April 4, at 4:01 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. COUNCIL MEMBERS ABSENT: All council members were present. STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town Attorney; Hunt Walker, Public Works Director; Chris Conrad, Planning Director; Mark Kittle, Chief Building Inspector; Susan Hamley, Marketing Director; Marianne Rakowski, Finance Director; Lesley Compagnone, Community Relations Director; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Dave Spence, Scott Patterson, George Huggins, Anita Manchester, Sally Sparhawk and members of the public interested in items on today's agenda. Item No. 2 PUBLIC NON AGENDA ITEMS There were no items for discussion. Item No. 3 COUNCIL UPDATES Ski Day Council Member Haber stated that he attended ski day with the Aspen City Council and the County Commissioners on Aspen Mountain with lunch at the Sun Deck. He enjoyed being with the elected officials of other jurisdictions. Senior Center Mayor Boineau stated he went to the Senior Center and helped them with their computers, and he asked that the community keep the Senior Center in their thoughts. 04 -04 -11 tc Minutes Page 2 of 7 DAV Mayor Boineau stated that the Winter Sports Clinic with the DAV went well and thanked the community for the wonderful participation and to think about sponsoring next year. Ice Age Council Member Wilkinson spoke with Scott Tipton, US House Representative in regards to the Ice Age Discovery and invited him to Snowmass Village during the dig in May. Ice Age Council Member Kucker extended congratulations to Susan Hamley and her staff for the wonderful job opening the Discovery Center in the mall. He said it was very impressive. Item No. 4: DISCUSSION PROPOSED STRUCTURE AND CRITERIA FOR AN ENVIRONMENTAL ADVISORY BOARD Community Relations Director Lesley Compagnone stated that during the Council retreat held in January of this year, Council agreed to look at the current structure of the Environmental Advisory Committee. Council did agree they wanted a balanced and thoughtful approach to environmental sustainability issues. She noted that it was recommended that Council determine a goal for sustainability and /or re- affirm the Environmental Sustainability Plan and re- examine the roll of the EAC. The question has been raised whether the EAC needs to turn into a formal Town board, appointed by Council or remain status quo. The Council would like some flexibility in the positions; they agreed with seven people and that it would morph into an Advisory Board. They directed the Town Attorney to put the language together and present an Ordinance for first reading. George Huggins from the current EAC spoke about certain board projects and reminded Council to think on the green side of issues and projects in Snowmass Village Item No. 5 DISCUSSION OF THE RENEWABLE ENERGY OFFSET PROGRAM (REOP) FEES FIRST READING OF ORDINANCE NO 2 SERIES OF 2011 Chief Building Inspector Mark Kittle stated that in 2008 an ordinance was passed by the Town Council which created the Renewable Energy Offset Program or REOP Attachment A. REOP has two purposes: to require increased energy efficiency and use of renewable energy in new construction and additions and creates provisions to restrict exterior energy uses and encourage renewable offsets to those uses. 04 -04 -11 tc Minutes Page 3 of 7 He noted the original intent behind this policy was to develop a policy similar to the REMP policy in Aspen and Basalt which is managed by CORE. Town Manager Russ Forrest provided a brief history on how we got to this discussion today and a brief discussion on the addition of the accessible route as an added exemption. This exemption was discussed at length at the last Town Council meeting. Forrest noted the exemptions are listed on page 46 of today's packet. Council Member Haber stated these changes are to the detriment of the health and safety of community. Council Member Kucker disagrees and there was a lively discussion by the Council in regards to accessible route and the 50 square feet per unit exemption. George Huggins, a Snowmass Village Resident and member of the EAC, spoke to commercial and multifamily units at Base Village and the cost of snow melting which is expensive. The purpose of REOP is to incentivize and assist in implementing renewable energy generation projects and energy efficiency upgrades. Sally Sparhawk, a Snowmass Village Resident and member of the EAC, spoke to the purpose of REOP which was to use renewable energy and invest in renewable energy, not to pay the fee. Sparhawk also thanked Mark Kittle for all his work with the REOP ordinance. Fred Kucker made the motion to approve first reading of Ordinance No. 2, Series of 2011 as written. Markey Butler seconded the motion. The motion was approved by a vote of 3 in favor to 2 opposed. Voting Aye: Mayor Bill Boineau, Markey Butler, and Fred Kucker. Voting Nay: John Wilkinson, and Jason Haber. Item No. 6 REVIEW OF PROPOSED HOUSING MITIGATION AMENDMENTS TO CHAPTER 16A MUNICIPAL CODE Chris Conrad, Planning Director, stated staff would like to initiate a discussion with the Council regarding potential amendments to the Chapter 16A, Article IV, Division 4, Standards for Restricted Housing, of the Snowmass Village Municipal Code "Municipal Code Three (3) new definitions are also proposed to be added to Section 16A -2 -20, Definitions. At this time he provided some history stating Council approved Ordinance No. 1, Series of 2010 on February 22, 2010, thereby adopting the 2010 Town of Snowmass Village Comprehensive Plan (the "Comprehensive Plan Section 9.3, Policies, of the Workforce Housing chapter of the Comprehensive Plan stated that the Town should require private developers to provide housing for seventy percent (70 of total employees generated by a development. Specifically, it states that the Town of Snowmass Village shall: As its primary housing goal, provide housing for 70 percent of full -time, year -round employees (60 percent of total employees). Recent studies of historical patterns (RRC Associates, 2008; Pathways, 2003) indicate that 50 percent of 04 -04 -11 tc Minutes Page 4 of 7 our current full -time employees live in the Village and an additional 10 percent wish to do so under reasonable requirements. This suggests a total apparent demand of 60 percent. Full -time employees represent 60 percent of total employees. An additional 10 percent is included in the mitigation ratio in response to forecasted changes in the future environment. These changes foresee reduced affordability of down valley alternatives, increased cost and inconvenience of commuting, retired employee residency, and a reduced contribution of Town free market employee housing. On October 6, 2008, RRC Associates, Inc. provided a PowerPoint presentation to the Town Council titled: "Snowmass Nexus Overview and Housing Policy Discussion" "Nexus PPT The RRC Report and Nexus PPT provide the necessary survey data and analysis to support the development of mitigation housing policy and to implement code changes. The two (2) most significant policy issues for council consideration involve: 1. Determining what percentage of the housing needs for new employees generated as a result of new residential and /or commercial development should be mitigated by the developer; and 2. Whether the employee generation rates for the various types of commercial uses outlined in Table 4 -5 of the Land Use Code should be amended based upon the survey data and recommended job generation rates provided by RRC' Staff has proposed additional amendments to the Restricted Housing provisions and provide a redline document with the proposed changes in the packet as Attachment 'A After a lengthy discussion between Council and staff, consensus was to keep the mitigation rate to 60% which was the Planning Commission recommendation and the recommendation from RRC. Council also discussed the independent payroll audit and how it will work and who would be responsible for the associated costs. Council also reviewed the employee generation rates per type of use and asked that Conrad work on the definition language in the proposed ordinance. Conrad will also provide examples of how these numbers may work in actual restaurants and property management companies. Conrad noted that this information is in the RRC report. The last item for discussion was the Homeowner assessments and how to avoid the situation at the Country Club Townhomes with the major capitol replacements. Item No. 7 MANAGER'S REPORT Summary of Marketing Discussion Town Manager Russ Forrest reviewed the outcome of the discussion from the last meeting which included 2 verbal face to face meetings between Council and the Marketing Board and receiving minutes from each Marketing Board Meeting. Item No. 8 AGENDA FOR NEXT TOWN COUNCIL MEETING April 18; 2011 04 -04 -11 tc Minutes Page 5of7 Town Manager Russ Forrest reviewed the agenda for the next meeting on April 18, 2011. Council does not want JAS on the agenda if they do not have the financial information asked for by Town Council. Item No. 9 APPROVAL OF MEETING MINUTES FOR March 7, 2011 Regular Meeting Council Member Wilkinson submitted some changes to the Town Clerk for the minutes. Markey Butler made the motion to approve as amended the minutes for the March 7, 2011 Snowmass Village Town Council Meeting. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. Item No. 10 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Council Member Wilkinson spoke to a RFTA meeting next week. Town Manager Russ Forrest noted that RFTA summer service starts after we open with the Chili Pepper weekend, we do not benefit from the full summer service of RFTA. Mayor Boineau asked about the policy for the Town Council meeting food. Council has no issues with the food and what is being provided at each Council Meeting. At 7:19 p.m. Item No. 11 EXECUTIVE SESSION Town Council will now meet in Executive Session pursuant to C.R.S. 24 -6- 402(4) and Snowmass Village Municipal Code Section 2- 45(c), to specifically discuss two items: a) Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24- 6- 402(4)(e) and Snowmass Village Municipal Code Section 2- 45(c)(5); and b) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24- 6- 402(4)(c) and Snowmass Village Municipal Code Section 2- 45(c)(2); 04 -04 -11 tc Minutes Page 6 of 7 Provided, there is an affirmative vote of two thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session Mayor Bill Boineau made the motion to enter closed session Town Council will now meet in Executive Session. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. At 7:28 p.m. Fred Kucker made the motion to approve reconvening to the Regular Meeting of the Snowmass Village Town Council on Monday, April 4, 2011. Markey Butler seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. Item No. 12 ADJOURNMENT At 7:29 p.m. John Wilkinson made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, April 4, 2011. Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None This se of Minutes was approved by the Snowmass Village Town Council at their Regular Meeting on Monday, May 2, 2011. 04 -04 -11 tc Minutes Page 7 of 7 Submitted By, 4-, !U honda B. Coxon, CIVIC Town Clerk