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07-01-13 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES JULY 1, 2013 CALL TO ORDER AT 400 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, July 1, 2013 at 4:01 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Bill Boineau, Jason Haber, Fred Kucker, and Chris Jacobson. - -COUNCIL MEMBERS ABSENT: Markey Butler. STAFF PRESENT: Russ Forrest, Town Manager, John Dresser, Town Attorney; David Peckler, Transit Director; Sloan Campi, Planner; Jim Wahlstrom, Senior Planner; Steve Ferris, Community Development Director; Rhonda B. Coxon, Town Clerk, PUBLIC PRESENT: Mel Blumenthal, Bob Purvis, Steve Alldredge, Gail Wheeler, Amber McKeague, Howard Gross, Donna Aiken, Kirstie Ferguson, Jill Beathard and other members of the Public interested in today's Agenda items. Item No. 2 PUBLIC NON-AGENDA ITEMS Mel Blumenthal a part time resident and speaking as the Chairman of the Part Time Resident Advisory Board would like to invite everyone to the Annual Part Time Resident Advisory Board Meeting at 3:00 p.m. in the Town Council Chambers. He reviewed the agenda and also invited them to a reception at the Viceroy after the meeting. Gail Wheeler a member of the Creekside Homeowners Association would like to schedule time on the Agenda to get clarification on the newly adopted energy saving regulations that were recently passed in regards to recouping rebates on the resale price of the units. Item No. 3 COUNCIL UPDATES Council Member Haber stated the Ice Age Discovery Center and the Tusk Force has put out a press release regarding the new Executive Director and the new bones that have arrived in Snowmass Village. He also mentioned the CMC lectures and the ACES guided tours. He also notes that Randy Udall has been missing since last Wednesday 07-01-13tc Minutes Page 2 of 7 please keep the family in your thoughts for a safe return. Mayor Boineau on behalf of Council Member Butler asked that if you are interested in volunteering for the US Pro Challenge bike race please contact Jerry Butler at their home number. Council Member Kucker presented the Town Clerk with a check from Mr. Tom O'Connor from The Pines for the final donation to the Town for the extension of the Tom Blake Trail parking area. Item No. 4 JOINT MEETING OF THE PLANNING COMMISSION AND THE TOWN COUNCIL TO PRESENT THE PLANNING COMMISSIONS "STATE OF THE COMPREHENSIVE PLAN" REPORT PER SECTION 16A-1-50 OF THE TOWN'S LAND USE CODE At this time Bob Sirkus called to order the Planning Commission portion of the Joint Meeting with the Town of Snowmass Village Town Council. The Planning Commission members present were Bob Sirkus, Jim Gustafson, David Rachofsky, Donna Aiken, Tom Yocum and Don Crouch. Community Development Director Steve Ferris provided background information stating that the Municipal Code requires the Planning Commission do a "State of the Comprehensive Plan" every two years. The Planning Commission has met five times over the last couple of months and has provided a written report for Council consideration. The Code requires a Public Hearing within 45 days of the presentation to Council. If there are proposed changes they would need to have a first and second reading of an ordinance. The Council and Planning Commission reviewed the proposed general updates and the specific updates to each chapter. The Public Hearing was set for Monday, August 12, 2013 at a Special Town Council Meeting. Planning Commission Member Aiken made a motion to adjourn the joint meeting of the Planning Commission and the Town Council, seconded by Plan Commission Member Rachofsky. Town Council took a break at this time. Item No. 6 SNOWMASS ARTS ADVISORY BOARD BUDGET UPDATE AND WORK PLAN Town Council moved to Item 6 at this time. Snowmass Arts Advisory Board (SAAB) Member Michelle Bates is before Council today to ask permission of the Town Council to move forward with a proposal to spend 07-01-13tc Minutes Page 3 of 7 $20,000 of SAAB's budget to design, fabricate, deliver and install artistic (sculptural) bicycle racks for Snowmass Village. The Council supported the use of the funds for the bicycle project. Item No. 5 PUBLIC HEARING - ANNEXATION OF POPISH VALLEY INTO TQMN OF SNOWMASS VILLAGE BY CLEAR W RANCH LLC Town Attorney John Dresser stated on April 1, 2013 Clear W Ranch,, LLC a Nevada limited liability company filed with the Town Clerk a Petition for Annexation. He also noted on May 20, 2013 Town Council found that the Petition was substantial compliance with the Municipal Annexation Act and set the Petition for a Public Hearing for this Town Council Meeting. Mayor Boineau opened the Public Hearing for public comment at 5:39 p.m. There being no comments from the public Mayor Boineau closed the Public Hearing at 5:40 p.m. Item No. 6 RESOLUTION NO. 21, SERIES OF 2013 - A RESOLUTION SETTING FORTH THE TOWN COUNCIL'S FINDINGS OF FACT AND CONCLUSION REGARDING THE ANNEXATION OF POPISH VALLEY INTO THE TOWN OF SNOWMASS VILLAGE BY CLEAR W RANCH, LLC Town Attorney John Dresser stated this Resolution makes findings and conclusions regarding the proposed annexation. Jason Haber made the motion to approve Resolution No. 21, Series of 2013 findings of facts and conclusion regarding the annexation of Popish Valley. 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: Jason Haber, Fred Kucker, Chris Jacobson, and Bill Boineau. Voting Nay: None. Absent: Markey Butler. Item No. 7 FIRST READING - ORDINANCE NO. 5, SERIES OF 2013 - AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADO, PURSUANT TO THE PROVISIONS OF THE MUNICIPAL ANNEXATION ACT OF 1965, BY ANNEXING TO THE TOWN A CERTAIN PARCEL OF LAND OWNED BY CLEAR W RANCH LLC A NEVADA LLC, CONTIGUOUS TO AND NOT EMBRACED WITHIN THE PRESENT LIMITS OF THE TOWN, AND SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF THE TOWN COUNCIL 07-01-13tc Minutes Page 4 of 7 Town Attorney John Dresser stated this is the first reading of the Ordinance that will annex Popish Valley into TOSV. The annexation will become final in the event this Ordinance is approved on second reading. Jason Haber made the motion to approve first reading of Ordinance No. 5, Series annexing the Popish Valley into the Town of Snowmass Village. 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: Jason Haber, Fred Kucker, Chris Jacobson, and Bill Boineau. Voting Nay: None. Absent: Markey Butler Item No. 9 DISCUSSION ON EMPLOYEE HOUSING DEMAND REPORT FOR TOWN OWNED DEED RESTRICTED SALES UNITS AND RENTAL APARTMENTS Housing Director Joe Coffey and Assistant Housing Director Terri Everest were present and provided a Housing Demand Report for the Town owned deed restricted sales units and rental apartments. Item No. 10 REVIEW OF DRAFT RFP FROM CORE - TO SEEK AN EFFICIENCY/RENEWABLE SOLUTION TO OFFSET TOSV ENERGY EXPENSES Town Council took a break at this time. Mona Newton the Executive Director of C.O.R.E. has been working with the Environmental Advisory Board and has held public forums for community input on describing the request for proposals (RFP) seeking solutions for an energy conservation/renewable energy project for Town of Snowmass Village facilities, and to provide feedback on the RFP. The Town Council explained they are open to other community enhancement concepts and educational concepts it does not have to be limited to Town Buildings. They noted saving money and return on investment is key but open to any other renewable energy efficiency for the use of the Holy Cross Enhancement fund monies. Fred Kucker made the motion to approve moving forward with the RFP. Chris Jacobson seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Butler was absent. Voting Aye: Jason Haber, Fred Kucker, Chris Jacobson, and Bill Boineau. Voting Nay: None. 07-01-13tc Minutes Page 5 of 7 Absent: Markey Butler Item No. 11 MANAGER'S REPORT Town Manager Russ Forrest stated that at the next EOTC Meeting the issues of governance of EOTC will be discussed and please be ready for this discussion. He also noted that the additional information on the lodging tax is included in today's manager report. Item No. 12 AGENDA FOR NEXT TOWN COUNCIL MEETING * July 15, 2013 There was discussion on the Public Hearing for the Comprehensive Plan, Council consensus was to hold a Special Meeting on Monday, August 12, 2013 beginning at 5:00 p.m. Item No. 13 APPROVAL OF MEETING MINUTES FOR * May 6, 2013 Fred Kucker made the motion to approve the Minutes for the Regular Meetings for the Snowmass Village Town Council on Monday, May 6, 2013. Chris Jacobson 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, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Absent: Markey Butler Item No. 14 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Mayor Boineau proposed a discussion regarding the process of hiring a interim Town Manager or the process the Council would like to use to hire. The Town Attorney advised this should be placed as an agenda item prior to discussion. It was also decided to wait for a full Council as Council Member Butler is currently absent. Town Council took a break at this time. Item No. 15 EXECUTIVE SESSION At 7:08 p.m. Markey Butler arrived in time for the Executive Session. 07-01-13tc Minutes Page 6 of 7 Bill Boineau made the motion to enter closed session Chris Jacobson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris Jacobson. 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: 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); C. 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); 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) (b) and (c) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. At 8:53 p.m. Bill Boineau made the motion to approve reconvening to the Regular Meeting of the Snowmass Village Town Council on Monday, July 1, 2013. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Item No. 16 ADJOURNMENT At 8:54 p.m. Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, July 1, 2013. Jason Haber seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 07-01-13tc Minutes Page 7 of 7 Voting Aye: Bill Boineau, Jason Haber, Markey Butler, Fred Kucker, and Chris Jacobson. Voting Nay: None. This set of minutes was approve at the Regular Meeting of the Town of Snowmass Village Town Council at their meeting on Monday, August 19, 2013. Submitted By, Rhonda B. Coxon, CMC - Town Clerk __