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08-19-13 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES AUGUST 19, 2013 CALL TO ORDER AT 500 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Town Council on Monday, August 19, 2013 at 5:01 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker COUNCIL MEMBERS ABSENT: Chris Jacobson STAFF PRESENT: Rhonda B. Coxon, Town Clerk, Gary Suiter, Interim Town Manager; John Dresser, Town Attorney; Mark Kittle, Chief Building Official; Kelly Vaughn, Communications Director; John Baker, Interim Public Works Director; Joe Coffey, Housing Director PUBLIC PRESENT: Scott Gordon, Rob & Betty Shiels, Meredith Hall, Jeff Dickinson, Larry Thorenson, Karin Kunzor, Gail Wheeler, Amber McKeague, Jill Beathard, Steve Alldredge and other members of the Public interested in today's Agenda items. Item No. 2 PUBLIC NON-AGENDA ITEMS Scott Gordon a resident of Snowmass Village and a member of the Town of Snowmass Village Trails Board. He commented on the positive new life and leadership of the Parks and Recreation department with the addition of Ted O'Brien. It is a goal of the trails committees of Aspen and Snowmass Village to be designated as International Mountain Bike Association Gold Medal Ride Center to better market the trails system in the Valley. Rob Shiels a homeowner who has been before the Town Council since 2004 with the same problem each year regarding noxious weeds in a vacant lot that fronts on Sinclair there are two rental properties and the noxious weeds are head high. Item No. 3 COUNCIL UPDATES 08-19-13tc Minutes Page 2 of 7 Mayor Boineau noted that the USA Pro Challenge Bike Race took place today and was very successful. Item No. 4 REVIEW OF EOTC PACKET MATERIALS Transit Director David Peckler provided packet information that will be included in the EOTC packet for August 29, 2013 meeting. He noted in includes the current EOTC Intergovernmental Agreement (IGA) governing the approval of all EOTC expenditures and projects, and a draft memo from Bob Schultz Consulting proposing sample language for an amendment to the IGA. Item No. 5 DISCUSSION OF HOUSING GUIDELINES AND UNIT RESALE PRICES IF COUNCIL DETERMINES IMPROVEMENT GRANTS AND REBATES ARE ADDED ONTO THE RESALE VALUE Housing Director Joe Coffey provided background of this discussion and stated that today's discussion is to include energy savings grants and rebate onto the resale price of Town controlled deed restricted units. Council also requested staff to present a range of financial examples demonstrating the potential re-sale price increases amounts with the inclusion of energy saving grants and rebates. Council Member Butler arrived at 5:30 p.m. Town Attorney John Dresser stated this is a policy level decision and not to single out individual housing units. The cap is staying at up to 10% of the price of the unit and can include the rebates and the grants as long as it is an approved energy efficiency. Item No. 6 DISCUSSION OF ORDINANCE NO. 1 SERIES OF 2013 - DISCUSSION ON GREEN BUILDING CODES Chief Building Official Mark Kittle named and thanked each individual of the Citizens committee and the consultants Chris Green and Jeff Dickinson provided by C.O.R.E. Kittle noted they have been meeting since March and worked very hard on their recommendation. The request for the purpose of this meeting is a proposal to adopt significant portions of the 2012 IgCC, as amended, which has been prepared by staff for review by Council. The Ordinance, if adopted, will be implemented to set regulations on construction for commercial buildings located within the Town. Although the Town currently enforces regulations found in the 2009 International Energy Conservation Code, the 2012 IgCC goes a step further in addressing sustainability that would include site development and land use; material resource conservation and efficiency; water resource conservation, quality and efficiency; indoor environmental quality and comfort; commissioning, operation and maintenance and existing buildings. Costs for construction will inevitably be increased with the implementation of these measures but operational saving associated with more efficient buildings should also be considered. 08-19-13tc Minutes Page 3 of 7 After a lengthy discussion Council asked that Kittle bring back to Council an explanation of the language and section that were deleted so they may better understanding the IgCC as written and the changes being proposed. Item No. 7 CONTINUED PUBLIC HEARING - SECOND READING OF ORDINANCE NO 6, SERIES OF 2013 At 6:20 p.m. Mayor Boineau opened the Continued Public Hearing to receive comments from the Public. At this time the applicant made minor language changes to the ordinance. Senior Planner Jim Wahlstrorn noted at the August 12, 2013 Council meeting for the first reading of the ordinance, Town Council acted favorably upon the ordinance, as amended. The amendments include the removal of the following conditions or portions thereof in Ordinance No. 6: removal of condition 4b, removal of the last portion of condition 5. Wahistrom noted the Town Council also directed staff to amend the associated CMP and Phasing changes. These changes include that the applicant provide an updated SIA for the deep utility work in Brush Creek road and shall: a) provide a restoration bond by October 15, 2013, for the value of the existing road conditions, if the deep utility work is not completed by that date also stating a deadline for final completion no later than Jun 5, 2014; and b) post security of a bond prior to issuance of a C.O. for Building 13B for the purpose of lowering the water line in Brush Creek Road to the required depth (8-feet) if and when needed. He noted that the condition on the ROD is also planned to state that if issues cannot be resolved at the administrative level, then the SIA shall be referred to the Town Council for final determination. Markey Butler made the motion to approve by a roll call vote the second reading of Ordinance No. 6, Series of 2013 for Base Village Building 13B. Jason Haber seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Jacobson was absent. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, and Fred Kucker. Voting Nay: None. Mayor Boineau closed the hearing at this time. Item No. 8 PUBLIC HEARING -SECOND READING ORDINANCE NO. 4, SERIES OF 2013 - AN ORDINANCE REGARDING AMENDMENTS TO THE TOWN'S LAND USE AND DEVELOPMENT CODE WITH REGARD TO 1) DEFINITIONS, 2) DIMENSIONAL LIMITATIONS AND FLOOR AREA MEASUREMENT, 3) PUBLIC NOTICING; AND 4) ADMINISTRATIVE MODIFICATION PROCESSING 08-19-13tc Minutes Page 4 of 7 At 6:35 p.m. Mayor Boineau opened the Public Hearing for comments from the public. Senior Planner Jim Wahlstrom noted that the first reading of this ordinance was approved at the August 5, 2013 meeting with no changes to the ordinance at that time. He also noted that all publishing and posting requirements have been met. Town Manager Gary Suiter spoke to the affect of the Excise Tax Revenue on the budget. Town Attorney John Dresser suggested that Council table this item until the September 9, 2013 meeting for staff to bring an analysis at second reading in relation to the affect of the Excise Tax on the budget and a short presentation on the zoning application. Fred Kucker made the motion to approve by a roll call vote the second reading of Ordinance No. 4, Series of 2013 - Land Use Code amendments. Markey Butler seconded the motion. This motion died due to a lack of second._ Voting Aye: None. Voting Nay: None. It was decided at this time to table this item to the Regular Meeting of the Snowmass Village Town Council on September 9, 2013 and Mayor Boineau continued the Public Hearing to September 9, 2013. Bill Boineau made the motion to table second reading of Ordiance No. 4, Series of 2013 - Land Use Code Amendments. Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Jacobson was absent. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, and Fred Kucker. Voting Nay: None. Item No. 9 SECOND 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 Town Attorney John Dresser stated that the land use approval has not yet been to Council for review. It is anticipated second reading of the land use ordinance will occur September 23, 2013 and he would like the second reading of this Ordinance to coincide 08-19-13tc Minutes Page 5 of 7 for second reading. This item was continued to the Regular Meeting of the Snowmass Village Town Council on Monday, September 23, 2013. Town Council took a break at this time. Item No 10 BRUSH CREEK/HIGHLINE ROUNDABOUT DESIGN APPROVAL Interim Public Works Director John Baker is before Council tonight to provide the color and design on the Roundabout for the stamping. The color being proposed is brick red for the three inch rollover curve on the apron. He noted that the actual reconstruction was approved by the Council at a Regular Meeting of the Snowmass Village Town Council in June. The majority of Council liked the red brick apron and provided direction to proceed with the project. Item No. 11 MANAGER'S REPORT Item discuss on the Town Manager's Report: 1) Crossings Home Lot #28 (Town Manager's Residence) addition funding - approved by Council 2) TUP for JAZZ Aspen Snowmass Labor Day Festival 3) Verbal update form the Town Manager regarding staff and one on one meetings. At this time he is ready to meet with the Council one on one. 4) Update on Community Development Department, Mark Kittle has been appointed the Acting Community Development Director. Item No. 12 AGENDA FOR NEXT TOWN COUNCIL MEETING * September 9, 2013 Town Attorney John Dresser stated he will not be in attendance at this meeting and discussed two items that were on the agenda and provide some feedback for Council. Item No. 13 APPROVAL OF MEETING MINUTES FOR • June 17, 2013 • July 1, 2013 Fred Kucker made the motion to approve as amended the minutes for the Regular Meeting of the Snowmass Village Town Council on Monday, June 17, 2013. Bill Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Jacobson was absent. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, and Fred Kucker. Voting Nay: None. 08-19-13tc Minutes Page 6 of 7 Fred Kucker made the motion to approve the minutes as amended for 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 3 in favor to 0 opposed. Council Member Butler abstained and Council Member Jacobson was absent. Voting Aye: Bill Boineau, Jason Haber, and Fred Kucker. Voting Nay: None. Abstained: Markey Butler. Item No. 14 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Council Member Haber attended a NWCCOG workshop put on by Smart Growth America. Mayor Boineau attended an annual Home Owners meeting and had inquires about the Town looking at an ordinance regarding clearing property to prevent fire. At this time there is no enforcement mechanism. There was consensus by Council to discuss this in the future. This is called the Wildlife Urban Interface program which was presented by the Snowmass Wildcat Fire Protection District. Item No. 15 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 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(()(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(()(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 purposes of considering items (a) (b) and (c) above. Provided further, that no adoption 08-19-13tc Minutes Page 7 of 7 of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. At 7:36 p.m. Bill Boineau made the motion to enter closed session Fred Kucker seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Jacobson was absent. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, and Fred Kucker. Voting Nay: None. At 8:08 p.m. Fred Kucker made the motion to approve reconvening the Regular Meeting of the Snowmass Village Town Council on Monday, August 19, 2013. Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Jacobson was absent. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, and Fred Kucker. Voting Nay: None. Item No. 16 ADJOURNMENT At 8:09 p.m. Jason Haber made the motion to adjourn the Regular Meeting of the Town of Snowmass Village Town Council on Monday, August 19, 2013. Fred Kucker seconded the motion. The motion was approved by a vote 4 in favor and 0 opposed. Council Member Jacobson was absent. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, and Fred Kucker. Voting Nay: None. This set of minutes was approved at the Regular Meeting of the Snowmass Village Town Council on Monday, September 23, 2013. S fitted By, Rhonda B. Coxon, CMC Town Clerk