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05-02-10 Town Council Minutes SNOWMASS VILLAGE REGULAR MEETING MINUTES MAY 2, 2011 CALL TO ORDER AT 4:00 P.M. Mayor Bill Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, May 2, 2010 at 4:02 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Jason Haber, John Wilkinson, Fred Kucker, and Mayor Bill Boineau COUNCIL MEMBERS ABSENT: Markey Butler STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town Attorney; Hunt Walker, Public Works Director; Chris Conrad, Planning Director; Lesley Compagnone, Community Relations Director; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Dave Spence, Scott Patterson, Mike Tande, Sally Sparhawk, Jamie Downs, Mary Harris, Robert Sinko and other members of the public interested in items on today's agenda. Item No. 2 PUBLIC NON AGENDA ITEMS There were no comments from the Public. Item No. 3 COUNCIL UPDATES Economic Sustainability Plan Council Member Wilkinson noted that he attended the Economic Sustainability Plan meeting in Aspen and he said it was very informative. He will continue attending and provide updates to Council. Item No. 4 PUBLIC HEARING AND DISCUSSION FANNY HILL TOWNHOMES MINOR PUD AMENDMENT At 4:09 p.m. Mayor Boineau opened the Public Hearing for Public Comment. Senior Planner Jim Wahlstrom stated that all postings and publishing requirements have been met for this item. The purpose of this meeting pursuant to Section 16A -5- 05 -02 -11 tc Minutes Page 2 of 7 390, Amendment of Final PUD, Municipal Code of the Town of Snowmass Village, the request proposes removal of Condition #1 in the previous approval of Ordinance No. 23, Series of 2004, for the Fanny Hill Cabins envisioned on Parcel 7, Woodrun Unit five Subdivision. Representatives of the Aspen Skiing Company, Don Schuster and David Bellack, were available and provided a presentation to Council as to why they want to remove the condition. Conrad also stated that in reviewing and evaluating the application, it states in more than one approval document that Phase 2B included Base Village Buildings 4AB, 5, 9AB and 9C with underground parking in the main parking structure and the Aqua Center. Fanny Hill Townhomes were not to begin construction until after Base Village Phase 2B was complete. This has been confirmed in the Base Village, Aqua Center and Fanny Hill Construction Management Plan (CMP) dated August 26, 2004 and October 12, 2004 in the Base Village final PUD that reiterated the same time line. This CMP was referenced in the Fanny Hill Town homes Final PUD Guide as an exhibit by reference and is part of Ordinance No. 23, Series of 2004. Conrad stated that the Planning Commission Resolution No. 2, Series of 2011, essentially found that the Fanny Hill Cabins PUD was seen as one part of a three part Base Village project, and that it played a role which provided incentive and assurances for the necessary high occupancy turnover lodging properties that would be in place in certain time frames, and as approved via a phasing schedule. Town Council at this time agreed with this recommendation. Staff was directed to draft an ordinance or resolution recommending denial of the amendment to the Fanny Hill Cabin PUD. At this time Mayor Boineau continued the Public Hearing to June 6, 2011. Mayor Bill Boineau made the motion to approve to direct staff to write ordinance or a resolution to deny the amendment to the PUD. Fred Kucker seconded the motion. The motion was approved by a vote of 3 in favor to 1 opposed. Voting Aye: Mayor Bill Boineau, Fred Kucker, and Jason Haber Voting Nay: John Wilkinson Item No. 5 SECOND READING OF ORDINANCE N0. 2 SERIES OF 2011 THE RENEWABLE ENERGY OFFSET PROGRAM (REOP) FEES Chief Building Official Mark Kittle spoke to the ordinance that was passed out to the Council at the beginning of this meeting, not the ordinance in the today's packet. After several conversations with Council there were additional changes made prior to this meeting. Kittle reviewed the changes which began on Line 60 though 63 pertaining to the HERS index, line 84 and 85 pertaining to Fee in Lieu, line 97 through 111 for options for exterior energy uses, 163 through 184 pertaining to Accessible routes was deleted, and additional language for waivers in lines 261 through 277 was added by the Town Attorney. 05 -02 -11 tc Minutes Page 3 of 7 Mary Harris, representing the Timberline Condos, stated this is a surprise and there has not been time to digest the changes. She stated that is has to be safe for the guests and the owners. She noted she needed time to digest the changes from the original ordinance. Jamie Downs, of the Interlude, spoke in regards to concerns with waivers, and Skip Sinclair spoke to the 6,000 sq /ft feet of Town owned public road that everyone uses. Council noted that this ordinance does not speak to Town owned roads. Council member Haber explained if the road was to be transferred to the Interlude how this new language would work for them. Dave Spence, representing the Top of the Village, again spoke to the number of units and the square footage and that sidewalks are not an issue for this property. He noted they have 6,000 sq /ft not covered by the 50 sq /ft in the ordinance and they still will not benefit and have to pay huge fees. As written the Top of the Village would have to ask for a waiver. They have 12,000 sq /ft of area to be snow melted. Town Attorney John Dresser noted that this ordinance will be in effect on June 1, 2011 and all waivers will come before Council not staff. Kittle explained that this ordinance is to incent the use of renewable and set a standard with the ability to, comply or show why you are unable to. If safety is the issue we have provided an avenue to prove that to Council. Paul Spencer from Clean Energy Collective asked the thought process in regards to theory and practice to the percentages for onsite off site options. He would hate to see continuous waivers due to going the cheapest solution and the property being solar prohibited. He urges Council to consider both options being at 50 After a lengthy discussion Council asked that staff make some additional changes on line 99, lines 100, 104 and 110 changed Annual Energy Use (AEU) to REOP Mitigation Obligation, reduce the Option 2 on line 104 to 50% from 75 on line 121 change REOP Payment Option to REOP mitigation factor. The solar also needs to be locally utility grid tied. At this time Mayor Boineau closed the Public Hearing for Public comment. John Wilkinson made the motion to approve after a roll call vote for second reading as amended, Ordinance No. 2, Series of 2011, approving the REOP ordinance. Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. 05 -02 -11 tc Minutes Page 4of7 Voting Nay: None. Town Council took a break at this time. Item No. 6 FIRST READING OF ORDINANCE No. 4 SERIES OF 2011 CREATION OF THE ENVIRONMENTAL ADVISORY BOARD Communications Director Lesley Compagnone stated during their retreat in January, Council agreed to look at the current structure of the Environmental Advisory Committee (EAC). It was recommended that Council determine a goal for sustainability, re -affirm the Environmental Sustainability Plan and re- examine the role of the EAC. The question has been raised whether the EAC needed to turn into a commissioned board appointed by the Council, which in turn gives the group more credibility as well as its own accountability. She noted that at the February 7th meeting Council directed staff to draft language that would outline: purpose, goals, structure, qualifications, composition and draft policy language on creation and structure. Council again discussed the language at the April 18th meeting and staff made the changes and brought an ordinance forward for Council consideration and first reading. Council would like the staff to balance the representation on the Board among TOSV retail, lodging, construction, and commercial business /industry. Staff reminded Council they will be appointing the actual board members to this board. John Wilkinson made the motion to approve first reading of Ordinance No. 4, Series of 2011 establishing the Environmental Advisory Board. Jason Haber seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. Voting Nay: None. Item No. 7 DISCUSSION OF VOLUNTEER PROGRAM FOR TOSV Communications Director Lesley Compagnone noted that during the Council budget meeting last September, discussion began to emerge about the need for a structured and coordinated a Volunteer Program in TOSV. As a result of those budget decisions, general operations (that could be supplemented with volunteer help) like trail maintenance, town beautification where impacted. Council asked staff to explore the opportunity for TOSV to recruit and retain a corps of volunteers to assist in operations; duties can include anything from trail work, to administrative help, to the Town Picnic, to Discovery Center docents, etc. This proposed program included input from all Town departments. Compagnone referred Council to attachment A and B which described the tiered program and the incentives for the volunteers and she also noted that there is a budget implication. Council Member Haber suggested that this program be simplified 05 -02 -11 tc Minutes Page 5 of 7 and offer things the Town has access to and to not have additional costs of purchasing items. The majority of Council feels it should not be an additional cost for the Town and possibly working staff into the program. Council Member Wilkinson had concerns with the liability and workman's compensation issues. Council was in agreement to try the program for a year and evaluate at that time. Town Manager Forrest noted staff will bring back some insurance numbers and refinements on the cost during the budget update on June 6, 2011 Town Council agenda. Item No. 8 REQUEST FOR PROJECT FUNDING FOR INCREASED Housing Manager Joe Coffey explained he is requesting Council approval for the use of Excise Tax Funds to begin work on foundation repairs on the Brush Creek 300 and Creekside 100 buildings and replacement of the Palisades apartments Fire Alarm System. Staff recommends Council approve the use of $118,900 from the Excise Tax Funds to repair the Brush Creek and Creekside building foundations and replace the Palisades Fire Alarm system. The Housing Manager has collected bids on both of these projects which need to be completed right away. The foundation work and the fire alarm system replacement are considered to be rehabilitation projects to maintain the affordable housing units and this is a requirement for the use of the Excise Tax funds. Jason Haber made the motion to approve the staff recommendation for this project. Fred Kucker seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. Voting Nay: None. Item No. 9 CONTINUATION OF PUBLIC HEARING AND SECOND READING ORDINANCE NO 3 SERIES OF 2011 AMENDMENTS TO CHAPTER 16A MUNICIPAL CODE CONCERNING RESTRICTED HOUSING Planning Director Chris Conrad presented the second reading of Ordinance No. 3, Series of 2011, regarding amendments to Chapter 16A Municipal Code concerning restricted housing. Mayor Boineau opened the continued Public Hearing at 7:46. Conrad also noted this would require a roll call vote. Council reviewed the ordinance line by line and page by page. Jason Haber made the motion to approve by a roll call vote for second reading of Ordinance No. 3, Series of 2011, amending Chapter 16A of the Municipal Code. Fred Kucker seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. 05 -02 -11 tc Minutes Page 6of7 Voting Nay: None. At 7:48 p.m. Mayor Boineau closed the Public Hearing for this item. Item No. 10 MANAGER'S REPORT Road Project Russ Forrest noted that there will be some road projects happening this month and everything will be finished up in time for Chili Pepper weekend. Item No. 11 AGENDA FOR NEXT TOWN COUNCIL MEETING May 16, 2011 Russ Forrest stated that the County has called and would like to schedule their annual joint meeting with the Board of County Commissioners. He noted it could be scheduled as early as May 16 or at some other meeting in the near future. No agenda available at this time, they are requesting an hour and half. Council Member Haber asked what to expect for the Krabloonik update. Russ Forrest stated that there will be a full report of the operation to date and he expects there will be public in attendance. Item No. 12 APPROVAL OF MEETING MINUTES FOR March 21, 2011 Regular Meeting April 4, 2011 Regular Meeting John Wilkinson made the motion to approve the minutes for the Regular Meeting of the Snowmass Village Town Council for March 21, 2011. Fred Kucker seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. Voting Nay: None. Fred Kucker made the motion to approve the minutes for the Regular Meeting of the Snowmass Village Town Council for April 4, 2011. John Wilkinson seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. Voting Nay: None. Council Member Wilkinson noted that he appreciates the format and the work that goes into the minutes from Town Clerk Rhonda Coxon. 05 -02 -11 tc Minutes Page 7 of 7 Item No. 13 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Mayor Boineau Mayor Boineau stated that he will be on vacation from May 4, through May 15, 2011. Fred Kucker Council Member Kucker is expecting grandchild number four and based on that may or may not be here for the May 16th meeting. He also noted that he will not be at the June 6th meeting. Jason Haber Council Member Haber has a Ruedi Water and Power Authority meeting, please contact him with any watershed issues. Item No. 14 ADJOURNMENT At 7:59 p.m. Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, May 2, 2011. Jason Haber seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. Voting Nay: None. This set of minutes was approved by the Snowmass Village Town Council at their regular meeting on Monday, June 20, 011 Submitted By, zIlry2 4JY' Rhonda B. Coxon, CMC Town Clerk