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10-03-11 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES OCTOBER 3, 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, October 3, 2011 at 4:01 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Bill Boineau, John Wilkinson, Jason Haber, and.Fred Kucker COUNCIL MEMBERS ABSENT: Markey Butler STAFF PRESENT: Russ Forrest, Town Manager, Hunt Walker, Public Works Director; John Dresser, Town Attorney; Joe Coffey; Housing Manager; Rhonda B. Coxon, Town Clerk; Barb Peckler, Administrative Assistant PUBLIC PRESENT: Gary Roseneau, Dave Spence, Greg Smith, Tom Yocum and other members of the public interested in today's Agenda. Item No. 2 PUBLIC NON .AGENDA I TEMS Gary Roseneau a resident of Snowmass Village spoke to land having a certain value in regards to the Conoco Service Station. He stated that this is very important we have "service" for our residents and guests without having to call from outside the Village. He thinks it is the duty of the Town Government to keep this amenity in Snowmass Village. Mayor Boineau asked staff to contact the owners and get an update for Town Council on the current status of the Conoco Gas Station. Greg Smith a resident of Snowmass Village who lives on Oak Ridge Road spoke to Parcel F. and the consideration of the open space procedure for the Town of Snowmass Village. He wanted to speak to two subjects the process and Parcel F. He heard it is now being discussed in Executive Session and he would like it to be discussed in Public. Most do not want to see something built in Parcel F and he would like to see Council move forward in a Public process. Mayor Boineau is hoping that this issues of open space and conservation easement within the Village will come back to in front of the Council and the Public within the next 30 days or so. Item No. 3 COUNCIL UPDATES Voter Registration Council Member Wilkinson asked Town Clerk Rhonda Coxon to explain the process with the County Clerk's office to preserve the anonymity of voting. He encouraged people to send back 10 -03 -11 tc Minutes Page 2 of 7 their ballots for the upcoming election. Pitkin County Library Council Member Wilkinson spoke to some of the programs at the Pitkin County Library and invited Snowmass residents to enjoy the reading room and Library in Town Hall where the books are available on the honor system. Outside Snowmass Mayor Boineau stated he hoped everyone was enjoying the beautiful weather and colors of fall. Item No. 4 DEMONSTRATION ON I -PAD 2 FOR PAPERLESS PACKET SOLUTION Town Clerk Rhonda Coxon stated that the purpose of this item is to determine if there is an interest from Council in implementing a paperless packet, to participate in a demonstration of the iPad2 and provide feedback and direction to staff. She stated that in February of 2009 the Town developed an Environmental Sustainability Plan that included a section on Resource Conservation, Recycling and Solid Waste which noted reducing office paper by 20 Town Manager Russ Forrest spoke about the demonstration and asked questions to be Council felt comfortable with the equipment and the applications being presented. Stacey and Chantel representing the Radio Shack in Glenwood Springs, provided a very detailed presentation showing the applications, highlighting, editing, the stylists and using the typewriter feature. They explained that the packet is loaded on the Town's Web site in PDF format and it opens in iAnnotate. There is also a recording function for notes if a Council Member chooses not to use the stylists or typing feature and there is a wireless keyboard option also. Council Member Kucker stated that regardless of the decision of the Council he would not use this product and would print his packet at home and purchase his own paper to do so. At this time Coxon reviewed the cost saving to the Town in regards to the paper, ink, staff and cost of the iPad2's for implementation. There is no budget for this item but the return for investment would be paid back in a six month time period. Town of Snowmass Village information Technology Specialist Doug Goldfluss was available to answer questions of the Council. Council directed the Town Clerk to move forward with the paperless packet and purchase the iPad2s for Council to use. Town Council took a break at this time. Item No. 5 RESOLUTION NO. 26, SERIES OF 2011 INTERLUDE REOP WAIVER -A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE GRANTING A WAIVER FROM RENEWABLE ENERGY OFFSET PROGRAM FEES CONTAINED IN THE ENERGY CONSERVATION CODE IN CHAPTER 18 ARTICLE XI OF 10- 03 -11tc Minutes Page 3 of 7 THE SNOWMASS VILLAGE MUNICIPAL CODE TO THE INTERLUDE CONDOMINIUMS HOMEOWNERS ASSOCIATION Town Attorney John Dresser noted that the Interlude Condominium Homeowners Association proposed a courtyard snowmelt project and asked for a waiver of the REOP fee. Council heard the request at the September 6, 2011 meeting and directed staff to prepare a Resolution including findings, action and condition, which reads as follows: FINDINGS: 1. That the Town Council of the Town of Snowmass Village hereby finds that the waiver request submitted by the Interlude Condominiums Homeowners Association demonstrate community benefit by allowing access to the ski area over Interlude Condominiums Homeowners Association property. 2. Town Council also finds that on -site production of renewable energy production is impractical, and given the location and unique physical constraints of the property site, would cause undue hardship to mitigate energy use on -site due to glare on the adjacent ski runs. 3. Town Council further finds that Interlude Condominiums Homeowners Association has demonstrated that a reduction in safety of users of the property will occur in that a unique perma -frost condition occurs in the courtyard due to excessive shading. 4. Town Council further finds that there is a public safety need in allowing skiers and snowboarders safe passage to the ski slopes. ACTION: 1. Town Council hereby grants a waiver to Interlude Condominiums Homeowners Association in the amount of the REOP fees for the snowmelt courtyard project in the amount of $175,666.00 calculated as follows: a) 6000 square foot project requires REOP fee -in lieu of $226,666.00 less one- time exemptions used in the amount of 1350sq.ft. (50 sq.ft. per dwelling unit x 27 units) equals 4650 sq.ft to be mitigated for a fee -in -lieu of $175,666.00. CONDITIONS: 1. The waiver granted by this Resolution is conditioned on and may only be utilized by the Interlude Condominiums Homeowners Association upon Interlude Condominiums Homeowners Association securing fee simple ownership of the property where the courtyard snowmelt project is sited. Council Member Haber stated for the record that he does not believe Council has received any information on any other options provided by the applicant on how they could mitigate these fees and he is not in favor of this resolution. Fred Kucker, made the motion to approve Resolution No. 26, Series of 2011 waiving the REOP fees for the Interlude Condominiums. John Wilkinson seconded the motion. The motion was approved by a vote of 3 in favor to 1 opposed. Council Member Haber was opposed and Council Member Butler was absent. 10-03-11tC Minutes Page 4Of7 Voting Aye: Bill B0iD8@U. John Wilkinson, and Fred KUCke[ Voting Nay: Jason Haber Item No. 6 RESOLUTION NO. 29, SERIES OF 2011 IN SUPPORT OF COUNTY BALLOT REFERENDUM 1A A RESOLUTION OF THE ToWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE EXPRESSING SUPPORT FOR PITKIN COUNTY REFERENDUM 1A TO PROVIDE FUNDING TO THE PITKIN COUNTY HEALTHY COMMUNITY FUND FOR AN ADDITIONAL FIVE YEARS TO PROVIDE STABLE FUN,DING FOR HEALTH AND HUMAN SERVICES AND cbmmUNITY NON-PROFIT PROGRAMS TOVVO Attorney John C>r8sS8[ stated that CVUOCi| directed staff to prepare 8 R8SO|utiOD in support Ufthe County Ballot Referendum 1Awhich provides stable funding for non-profits within the Valley by extending the Healthy Mountain Communities Fund Tax for five years. He noted that Council is indicating support of the question and is asking the TOSV electorate to support the question as well. Jason Haber made the motion to approve Resolution No. 29. Series of 2011 in SDCOu[8giOg support of the County B8||0t Referendum 1A. John Wilkinson S8CODd8d the DlOUOn. The motion was @ppn]VSd by 8 V0t8 of in favor to O opposed. C0UDCi| Member Butler was absent. Voting Aye: Bill BOiO8au John Wilkinson, Jason Haber, and Fred KUCh9[ Voting Nay: None. Item No. 7 ICE RINK SHELTER Public Works Director Hunt Walker stated that Council is being requested to consent to the installation of shelter over the ice Rink located in the Rodeo Arena. H8 noted the proposed shelter iG approximately 30 feet high, 1DD feet wide and 2OO feet long for total of20.0DOsquare feet. Council will be acting on the request as the owner of the property. Walker stated that for the last two winters SDOvvn)@SSVV8SterD Heritage Association has operated an outdoor ice rink on a volunteer basis. This year they would like to upgrade the rink by installing a shelter and purchasing aZornb0ni. Walker stated that this should probably have a public review process and both leases for the Rodeo and the Ice Rink would D89d to be updated. T0[n Yocum, a 8OOYVDlaGS Village resident and nle[Dbe[ of the Planning Commission but Oct speaking on behalf of that Board but as President nfihe 8novvnnosa Western Heritage A8SOCi8dODpresented the budget request for $75.O0O from the Town. The proposed site map and ideas for the upgrades are being paid for byan anonymous donor. After lengthy discussion staff and Council stated more information is needed t0 make any decisions 0n this request. The shed for the ZaOnb0ni would require special review use and that would b8 for 8 three year time period. Questions asked by Council were: Who would own it? What would the UGeO be and how would it be operated? What exposure does the Town have 10 -03 -11 tc Minutes Page 5 of 7 regarding the finances? Council Member Kucker thinks this is an excellent amenity for the Town but as a landowner feels he needs to see a business plan and financials before making a decision on this request. All Council members provided consent for the request to continue on to a Special Review Process for the new structure for public review. Item No. 8 MANAGER'S REPORT EOTC Town Manager Russ Forrest stated that there is a very substantial EOTC meeting coming up on Thursday, October 20th at 4:00 p.m. The topic is the 2012 EOTC budget which includes discussion on the Free Bus Service. CAST Town Manager Russ Forrest noted that there is CAST meeting on October 27 and 28th in Park City, Utah. He asked that interested Council members contact Barb Peckler. Item No. 9 AGENDA FOR NEXT TOWN COUNCIL MEETIN Staff and Town Council discussed the agenda and made appropriate changes. it em No. 10 A PP R OVAL. OF MEETING MINUTES FOR July 18 2011 August 1, 2011 August 15, 2011 John Wilkinson made the motion to approve the Minutes as amended of the Snowmass Village Town Council meeting for Monday, July 18, 2011. Fred Kucker seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Butler was absent. Voting Aye: Bill Boineau, John Wilkinson, Jason Haber, and Fred Kucker Voting Nay: None John Wilkinson made the motion to approve the Minutes as amended for the Snowmass Village Town Council for Monday, August 1, 2011. Fred Kucker seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Butler was absent. Voting Aye: Bill Boineau, John Wilkinson, Jason Haber and Fred Kucker Voting Nay: None. Fred Kucker, Council Member made the motion to approve the Minutes as amended for the Snowmass Village Town Council meeting for Monday, August 15, 2011. Bill Boineau seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Council Member Wilkinson abstained and Council Member Butler was absent. Voting Aye: Bill Boineau, Jason Haber, and Fred Kucker Voting Nay: None Abstained: John Wilkinson 10 -03 -11 tc Minutes Page 6 of 7 Item No. 11 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Pumpkin Patch Mayor Boineau provided information about the Little Red School House's 4th Annual Pumpkin Patch and Fall Festival on October 14th and 15th. Droste'Naminc Council Member Wilkinson stated a lot of names have been submitted for the naming of the trails on the Droste property and the process should be over soon. RFTA Council Member Wilkinson stated that RFTA is going to be talking about converting the new BRT buses to compressed natural gas. Item No. 12 E XECUTIVE SESSION At 5:58 p.m. Bill Boineau, made the motion to approve a motion to enter into Executive Session. Fred Kucker, seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Butler was absent. Voting Aye: Bill Boineau, John Wilkinson, Jason Haber, and Fred Kucker Voting Nay: None. 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 three items 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 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); Personnel matters, except if the employee who is the subject of the session has requested an open meeting, pursuant to C.R.S. 24- 6- 402(4)(f)(1) and Snowmass Village Municipal Code Section 2- 45(c)(6); At 7:10 p.m. Fred Kucker made the motion to approve reconvening the Regular Meeting of the Snowmass Village Town Council Regular Meeting on Monday, October 3, 2011. Bill Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Butler was absent. 10 -03 -11 tc Minutes Page 7 of 7 Voting Aye: Bill Boineau, John Wilkinson, Jason Haber, and Fred Kucker Voting Nay: None. item No. 13 ADJOURNMENT At 7:11 p.m. Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, October 3, 2011. Bill Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Butler was absent. Voting Aye: Bill Boineau, John Wilkinson, Jason Haber, and Fred Kucker Voting Nay: None. This set of Minutes was approved by the Snowmass Village Town Council at their Regular Meeting on Monday, December 19, 2011. Submitted By ZZ, /Z z Rhonda B. Coxon, CMC Town Clerk