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08-02-10 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES AUGUST 2, 2010 CALL TO ORDER AT 5:00 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, August 2, 2010 at 5:00 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. 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; Jim Wahlstrom, Senior Planner; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Mary Harris, Wolf Gensch, Scott Patterson, Nathan Waldron, Wayne Floyd, Susan Roach, John Roach, Greg Rulon, Tom Oken, Vanessa Walker, Jami Downs, Skip Sinclair, Bruce Gentry, Robin Riggs, George Huggins, Nathan Ratledge and other members of the public interested in items on today's agenda. Item No. 2 PUBLIC NON AGENDA ITEMS There were no Public Non Agenda Items It em No. 3 COUNCIL UPDATES Independence Pass Council Member Wilkinson noted it is snowing on the pass and it is time to get your pass and wax your skis. Fridstein Memorial Mayor Boineau and Council Member Butler spoke to the wonderful memorial service held at the Snowmass Chapel for Bob Fridstein, who was a very involved member of this community. 08 -02 -10 TC Minutes Page 2 of 8 Community Picnic Council Member Lewis reminded the public that the Community Picnic is Friday, August 13, 2010, 4:00 7:00 p.m. at the Snowmass Recreation Center. We have raised $3,000 and are still accepting donations. Mail check to Council Member Lewis, his store or to Rhonda Coxon at Town Hall. White River National Forest Council Member Butler and Council Member Lewis volunteer for the Forest Conservancy and this is another way to give back to the community. Item No. 4 UPDATE ON FORECLOSURE ACTIVITIES AT BASE VILLAGE Town Manager Russ Forrest noted staff has met with Base Village receiver and discussed options for community outreach. The receiver is open to actively working with the Town on community outreach including providing meeting space and paying for food for the meeting. At the public meeting, the community will have a chance to meet with representatives of Lowe Enterprises. The proposed dates and times are Tuesday, August 17, at 9:00 a.m. and 5:30 p.m. at Capitol Peak conference room in Base Village. The Town will be responsible for all promotion and advertising around this event. Town Council would like this to be a very informal "living room" type setting. Item No.5 CONTINUATION AND PUBLIC HEARING SECOND READING OF OR DINANCE NO. 10 SERIES OF 2010 SNOWMASS MOUNTAIN At 5:07 p.m. Mayor Boineau opened the continued Public Hearing to receive comments from the Public on Ordinance No. 10, Series of 2010 and Resolution No. 22, Series of 2010. Reed Lewis made the motion to approve second reading of Ordinance No. 10, Series of 2010. A roll call vote was taken and Council Member Mordkin was absent. Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. Senior Planner Jim Wahlstrom noted there were only two changes made to the ordinance during the first reading on July 19, 2010. Town Attorney John Dresser was not able to review the Ordinance prior to vacation and he provided some language changes to some of the agreements provided. 08 -02 -10 TC Minutes Page 3 of 8 Item No 6 RESOLUTION NO 22 SERIES OF 2010 -A REPLAT AND AMENDED CONDOMINIUM MAP OF PARCEL C SNOWMASS MOUNTAIN CONDOMINIUMS TO CREATE PARCEL M. At 5:20 p.m. Council Member Mordkin arrived at this time. Senior Planner Jim Wahlstrom asked that Council review and consider acting upon this Resolution with its referenced exhibit, regarding the proposed combination replat and condominium map amendment of Parcel C, Snowmass Mountain Condominiums involving the creation of Parcel M for future phase Building M. Markey Butler made the motion to approve Resolution No 22, Series of 2010. Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 1 opposed. Voting Aye: John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Nay: and Arnold Mordkin. Council Member Lewis stated concerns with Building M being sold to a third party. Town Attorney John Dresser offered language within the Resolution that was acceptable to Lewis. Ar. 5:29 p.m. Mayor Boineau closed the Public Hearing for Public Comment. Item No. 7 DISCUSSION OF POTENTIAL BALLOT QUESTIONS FOR THE NOVEMBER COORDINATED ELECTION Town Manager Russ Forrest stated that on July 6th Regular Town Council Meeting staff updated Council on the status of two retiring bond issues and asked whether the Council wanted to have a further discussion on exploring the idea of asking the voters to reinstate the mill levy (or a portion thereof) for other uses. Council directed staff to prepare for a discussion on this topic at the July 19th meeting. Staff has prepared several options for the purpose of discussing a November ballot initiative. Staff is requesting Council provide direction on which option to pursue a Resolution with potential ballot language on the August 16 Regular Meeting. After a lengthy discussion which included the financial impacts of the statewide ballot issues, the FAB recommendation and the options offered by staff, the Council listened to a presentation from the Pitkin County Open Space and Trails Board. 08 -02 -10 TC Minutes Page 4 of 8 At this time County Commissioner George Newman introduced Director of the Open Space and Trails Board Dale Will, Pitkin County Finance Director Tom Oken and Manager of the Parks and Recreation for the City of Aspen Jeff Woods. Commissioner Newman stated they are before Council today to request financial participation in Pitkin County's effort to secure the 742 acre centerpiece of an open space system that everyone has been building for nearly two decades. He went on to explain that on Wednesday, July 27, Peter and Bruce Droste sign a contract agreeing to the phased conveyance of 742 acres along the Brush Creek ridgeline to the Pitkin County Open Space Program and its partners. Due to the Council discussing possible funding mechanism at this meeting they felt it appropriate to attend and inquire about participation in this project within the ballot discussion. After a lengthy discussion with Staff and the participants listed above the Council consensus was to provide a ballot question to the electorate asking for a two million dollar bond for twenty years to participate with the County in purchasing 742 acres of the Droste property to be called "Wapiti Ridge Mountain Park Council also directed staff to provide two ballot questions following the FAB recommendations from the retiring bonds. One ballot question would refer to .48 of the mils or 60% for transportation in the General Fund and .32 mils or 40% going to Parks and Recreation. Ballot language for these three questions will be provided within a Resolution at the next Regular Town Council on Monday, August 16, 2010. Town Council took break at this time. Item No. 8 FIRST READING OF ORDINANCE NO. 15 SERIES OF 2010 REVISION OF THE REOP FEES Chief Building Inspector Mark Kittle spoke to Ordinance No. 11, Series of 2008 and noted the purpose of the first part of this ordinance was to regulate fossil fuel energy for both residential and commercial applications through on -site renewable energy methods or by paying a fee in -lieu. The second part of the Ordinance deals with residential building energy uses specifically HERS (Home Energy Rating System) ratings and compliance with it. Due a low number of REOP fees being paid and the number of lodging representative wanting to provide efficiency standards and renewable energy offsets but are unable to carry the financial burden, Kittle has provided some changes in the fee structure and would like direction from Council. Council took comments from the public at this time: Representing Top of the Village, Dave Spence noted that he felt that the lodging community should be exempt from the snowmelt fee due life safety issues. He explained a scenario at TOV where the project would cost $195,000 and the REOP fee would be approximately $283,000. 08 -02 -10 TC Minutes Page 5 of 8 Representing the Woodrun Five Condominiums Wayne Floyd thank the Council for looking at this ordinance and asked that Council consider changing rules for the single family versus multifamily dwellings. He noted that snowmelt is not an amenity any longer it is a standard within the industry and guest expect safe environments. Robin Riggs resident of Snowmass Village and member of Environment Advisory Committee agrees the ordinance should be reviewed by the (EAC) and she spoke to the fiscal responsibility in buying some type of energy offset. General Contractor Wolf Gensch and resident of Snowmass Village and member of the design committee noted that Snowmass Village is reaching build out and at when purchasing a lot and building homes most driveways are at ten percent grade and required to put in snowmelt. He feels these people are be penalized. Representing Stonebridge Condominiums Scott Patterson spoke to fees, boilers and the fees being exempt for the lodging communities. He noted the Stonebridge replaced windows, do they get credit for that, they replaced the boilers, but were penalized due to not being 100% efficient. He is glad Council is taking a look at the ordinance. George Huggins a resident of Snowmass Village and member of the EAC feel separating single family home and multi family dwelling is difficult and he spoke to the benefits in the long run. Representing the Timberline Condominiums Mary Harris spoke to the project at the Timberline and tourism in Snowmass Village and would appreciate help from the Council in regards to these REOP fees. Jim Gustafson a Snowmass Village resident and member of Planning Commission, Design Committee and the Board of Appeals for the Town of Snowmass Village but not speaking as a representative of these boards. He feels the ordinance needs to be looked at again and possibly give some consideration to the various projects throughout the Village and reconsider how the REOP program is structured. Nathan Waldron resident of Snowmass Village spoke to public amenities to offset some of these fees, and encourage credits in the multifamily dwelling project, which in turn benefits tourism in Snowmass Village. Nathan Ratledge from CORE spoke to the commercial, net energy gain and would be happy to work with the stakeholder of the concerned parties and with the County and City to get a better understanding of the issues and concern with the current ordinance. Town Manager Russ Forrest stated appreciation for the offer from Nathan with CORE and he if Council would like to engage in further discussion. Council directed staff to work with CORE and the stakeholders within the Village with current applications before 08 -02 -10 TC Minutes Page 6 of 8 Mark Kittle to meet and discuss issues and possible solutions. Council reminded the public this is not going away; they would also encourage a discussion on new construction versus a remodel. Item No. 9 SCOPE OF WORK FOR URBAN RENEWAL AUTHORITY Town Manager Russ Forrest stated a majority of Town Council asked that this discussion be put back on the agenda for today's meeting. After discussion Council is asked to provide direction on whether or not to proceed with the scope of work and budget described in this memorandum or modify the proposed scope of work or direct staff to take no action at this time. He also noted that the circumstances of Base Village have change since the property is now in receivership. Arnold Mordkin made the motion to approve the first step of this process which is phase one, this initial step is $7,000 which would need to come from the General Fund. Reed Lewis seconded the motion. The motion was approved by a vote of 3 in favor to 2 opposed. Voting Aye: Reed Lewis, Arnold Mordkin, and Markey Butler. `mooting Nay ,Mayor Bill Boineau, and John Wilkinson. :Council Member Wilkinson would also like to have a report on some of the successful UrNan Renewal Authorities throughout the state. Town Manager Russ Forrest noted that this Phase One will include a letter stating whether "blighted" conditions exist in the community. Item N o. 10 M REPORT Town Manager Fuss Forrest noted that the Planning Department is bringing the Land Use Code changes before the Planning Commission next week. Town Attorney John Dresser spoke to the Council in regards to two items he would like to bring forward as additional items on today's agenda. The First being Resolution No. 26, Series of 2010 which authorized the sale of Country Club Townhomes Condominium unit #59 and authorizing the Town Manager and the Town Attorney to execute contracts, deeds, releases of deed restriction and other documents to effectuate the sale. John Wilkinson made the motion to approve Resolution No. 26, Series of 2010 authorizing the sale of Country Club Townhome Unit Number #59. Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 08 -02 -10 TC Minutes Page 7 of 8 Voting Aye: Mayor Bill 'Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. Arnold Mordkin made the motion to approve Emergency Ordinance No. 14, Series of 2010 amending Section 4 -95 of the Snowmass Village Municipal Code to clarify the exemption to the Snowmass Village Real Estate Transfer Tax and a roll call vote was taken by.the. Town Clerk. John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. It em No. 11 AGENDA FOR NEXT TOWN COUNCIL MEETING Council and staff reviewed the agenda for August 16, 2010 and made appropriate changes. I tem No. 12 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Missing Council Meeting Council Member Wilkinson noted he may be on vacation for the August 16, 2010 Council meeting. Building Inspectors Council Member Wilkinson has concerns what protection our staff has in the future with the Grand Jury indictment in of the Building Inspectors relating to the Carbon Monoxide deaths in Aspen. Owl Creek Road Council Member Mordkin discussed the concern and confusion in regard to what was approved for Owl Creek Road pertaining to the Aspen School District construction. Permission was not granted for road cuts or road closures. Town Manager Russ Forrest clarified what was approved by Town Council. Demolition Tool Box Council Member Lewis asked that the Demolition Tool Box portion of the Land Use Codes be brought to the Town Council before he is off Council in November. Missing Council Meeting 08 -02 -10 TC Minutes Page 8 of 8 Council Member Butler noted that she will definitely be missing the September 20, 2010 Council meeting and may miss the October 4, 2010 Council Meeting. Summe Marketing Doll Council Member Butler would like to discuss looking outside the box for the summer marketing dollars to bring people to Snowmass. Item No. 13 ADJOURNMENT At 9:11 p.m. John Wilkinson made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday August 2, 2010. Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Vating Nay: None. This set of minutes was approved by the Town of Snowmass Village Town Council at the Regular Meeting on September 7, 2010. Submitted By, e&2_7 Rhonda B. Coxon, Town Clerk