101 Midland Avenue, Basalt, CO TOWN COUNCIL MEETING MINUTES APRIL 28, 2015

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1 101 Midland Avenue, Basalt, CO Meeting Date: April 28, 2015 Location: Town Council Chambers Time: 6:00 p.m. TOWN COUNCIL MEETING MINUTES APRIL 28, Call to Order Mayor Jacque Whitsitt called the meeting to order at 6:02 PM. 2. Roll Call Council members present were Mayor Jacque Whitsitt, Council members Bernie Grauer, Rick Stevens, Rob Leavitt, Herschel Ross and Mark Kittle. Councilman Gary Tennenbaum arrived shortly after roll call. 2A. Executive Session: M/S COUNCIL MEMBERS KITTLE AND ROSS THAT THE TOWN COUNCIL ENTER EXECUTIVE SESSION AT 6:03 PM FOR THE PURPOSE OF: A CONFERENCE WITH OUR ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS IN ACCORDANCE WITH C.R.S (4)(B). THE MOTION CARRIED 6-0. COUNCIL RETIRED TO THE FINANCE OFFICE FOR THEIR EXECUTIVE SESSION. M/S COUNCILORS LEAVITT AND ROSS TO ADJOURN THE EXECUTIVE SESSION AND RECONVENE THE COUNCIL MEETING at 6:19 PM. THE MOTION CARRIED Consent Agenda (Mayor Whitsitt) 3A. Minutes: March 24, B. Special Event Activity Permit Aspen Valley Marathon 3C. Ratify Appointments to the Basalt Regional Library Board M/S BG AND RL TO APPROVE THE CONSENT AGENDA AS PRESENTED, AND MOVE ITEM 8C TO THE END OF THE AGENDA, AFTER THE EXECUTIVE SESSION. THE MOTION CARRIED Council Comments, Reports, Disclosures Councilman Rick Stevens said he was putting together an initiative to bring a summer-long program to talk about youth in the valley culminating with a weekend symposium in September. The team of trainers and presenters would be made up of people from Youth Zone, Buddies

2 Program, coaches and school principals to start to talk about youth in the valley and improving parental involvement with students and student athletes. Rick Stevens reminded everyone of the LaCrosse program scheduled for this weekend at Crown Mountain. Rick Stevens said he would like an update on the mudslide at Lake Christine from Colorado Parks and Wildlife, and also on the issue/location Butch s Lobster Shack. Citizen Comments: For Items Not on the Agenda and Items Added to the Agenda After the Deadline David Schoenberger read a statement he had written related to an outcome for the Pan and Fork Parcel, formally requesting a special election in November with a ballot question to answer the question of the use of the parcel. David felt there was a disconnect between Council and ideals of the citizens of Basalt and thought the citizens should be allowed to decide the matter at the polls. Gerry Terwilliger thanked Council for their dedication serving and for their equanimity in the face of criticism. Minor discussion followed as to whether Council could make a motion to put a question on the November ballot in regard to the Pan and Fork parcel; whether Council could direct staff to prepare discussion items toward that end. The item was not on this evening s ballot, therefore would not be discussed this evening; Council could direct staff without a formal motion. 5A. Jim DeFrancia, Lowe Enterprises and Michael McVoy, Roaring Fork Community Development Corporation (RFCDC) Jim DeFrancia and Michael McVoy were present to put forth a proposal for the CDC parcel and offer some clarification about their position related to development, if any, that may take place on that parcel. Mr. DeFrancia said LOWE had come to the process to try to deliver what they understood was desired by the Town, and tried to follow the DAAC ideals. They had viewed this as a public private partnership with the community making determination of need and the developers bringing the implementation to the table. Mr. DeFrancia wanted to keep the focus on economic viability, seeking to have everyone understand the consequences of any decision. Mr. DeFrancia offered his expertise and views on economic viability. He indicated that the CDC was looking to recover their $3 million, and the Town was looking to recover their $3 million. If the Town wanted just a 60 room hotel, Mr. DeFrancia said he would be happy to partner with the Town and help, but that coming out of the box, the numbers don t work. Mr. DeFrancia closed by saying they were here to deliver what the Town wants, to be cooperative, open and transparent and responsive to the needs of the town as the Council might determine. Michael McVoy introduced Tim McFlynn as a co-founder and director of the Manaus Fund to bring forth some points to Council. Mr. McFlynn gave a brief overview of the Manaus Fund s role in the purchase of the property managed by the CDC. He offered a few comments related to the Manaus Fund: If it weren t for the Fund, the Pan and Fork mobile homes would still be there. The Town invited the Fund to help because they had money and could serve as partner with the Town to purchase the Pan 2

3 and Fork. A second partnership was to insure the just relocation of the residents of the Pan and Fork. As partners in the purchase they have substantial philanthropic dollars invested and were assured they would be made whole. Finally, after the Manaus Fund finished work on the Third Street Center, they refocused on the Pan and Fork and the Manaus Board created the CDC as an independent 501(C)(3) because Community Development Corporations can be very effective tools for revitalizing towns and addressing disadvantaged neighborhoods and needs. Tim McFlynn said the details behind his comments came from four particular documents: A summary of the whole history, a timeline going back to 1960 when the trailer park was created, a financial summary of how much has been invested and for what; and a short bullet list of the reasons they hoped the Town will consider ownership of the entire CDC parcel. Mr. McFlynn said he was here on behalf of Manaus, for Manaus to be made whole so those dollars can be reprogrammed. Michael McVoy, President of the Roaring Fork Community Development Corporation (CDC), reminded people that they had stated from the beginning, they were not a developer, but a partner of the Town. The role of the CDC has been to bring developers to the table and find a plan that would work for the CDC parcel. The CDC worked with the Aspen Ski Company to purchase the land for a hotel site, in exchange of land for replacement housing, but they were not able to make that work. The proposal with Richard Meyers and Realty Capital Corporation never made it to fruition. Mr. McVoy said that they were present this evening to suggest that the best way forward is for the Town to buy the property; that a development might actually go forward if the Town were to take control and designate what goes where. M/S COUNCILORS LEAVITT AND TENNENBAUM TO MOVE ITEM 8D TO THIS POINT IN THE MEETING. THE MOTION CARRIED D. Resolution No. 19, Series of 2015: A Resolution of the Town Council of the Town of Basalt, Accepting the Proposed Downtown Planning Map and Directing Staff to Prepare a Downtown Master Plan and Park Agreement for Future Council Consideration (Mike Scanlon) Town Manager Mike Scanlon said that at the Council s Quarterly Breakfast meeting, Council discussed what would come next with the downtown plan. A number of maps were presented, that there was some agreement around, related to park and development areas which were overlaid and combined with the CDC parcel and the big V view plane to create a map that illustrates the parcel, view and road. The map was to scale and identified the weirs in the river as a guide for the view plane. LOWE has an option to purchase the CDC parcel, and if the area and what the developer can build is identified, the developer would submit a proposal. The Resolution, with amendments proposed on blue paper, was distributed at the meeting. Mayor Whitsitt opened the floor to public comment: Patrice Becker, Basalt said she did not see any room for making affordable housing on the LOWE proposal, a priority on the Our Town Planning documents. Also, she didn t see any of the buildings in place being repurposed, another idea prioritized in the Our Town Planning documents. Mark Kwiecienski stated his opinion on open space around a piece of land, and the entitlements on the land, dictate the value of the land. If that ½ of the CDC parcel is given significant entitlements, the value could be significantly more and could pay off the $2.5 million; that remaining parcel should be worth far in excess of payback to CDC. As far as the employee 3

4 housing, it is modeled after Aspen s program and doesn t work here and shouldn t be linked to this proposal. Mr. Kweicinski said isolating the pieces would be the best for the Town. Steve Chase pointed to the view plane on the wall map, and indicated a small triangular piece of land that should be part of the commercial development because it would service the park. Mr Chase said the question that needed to be asked was How much are we being asked to invest in our own treasury or gifts we get from other non profits to buy what in essence is a pretty small piece of land? Mr. Chase said the Town already had the park and the view plane, so the only thing that might be a variation is the triangle piece outside the view plane. Mary Jo Hughes said she saw red flags go up when she read about the hotel and restaurant contemplated for the parcel, because there were so many other options that would bring venues and food to the area. Mary Jo proceeded to read a statement about the use of the land and its importance to the future generations of the Town. Mary Jo wondered what people remembered most about a vacation stay. She thought the Town needed an amphitheater, and an outdoor kitchen which could be rented out to a caterer to bring revenue to the Town. Mary Jo encouraged Council to not make their decision too hastily; to focus on the next generations and slow down the process. This would be a life long decision about the parcel. Mary Jo thought the taxpayers of the Town should have a right to vote on what was happening here. Robert Fritz Fritz, asked what the short term plan on the property. Manager Scanlon said it would be greened up; to install above ground irrigation and plant grass to have most of the space greened up by July August. Fritz added that he didn t want to see Butch s Lobster Shack go away. Roy Chorbajian, Basalt, said the key word here was to preserve; once it is lost, it is gone forever. He asked Council to think carefully. Mr. Chorbajian said there were places for hotel development in other areas such as the south side of the river, which would not obstruct the view planes, and other areas of the core. He expressed concern for traffic on Two Rivers Road which gets icy in the winter and would not improve with buildings blocking the sun to the road. Roy said he lives in a luxury condo, there were 8 units for sale and there hadn t been a sale in 8 years. He suggested common sense should rule on the decision of luxury condos. Roy thought there were other ways to bring vitality to downtown perhaps if there was a way to geothermically heat the water and create a hot springs. He also suggested the 5 acres for sale behind the library could be a great safety valve for events on the park, for overflow parking. Mr. Chorbajian thought the Town should think about buying the CDC property. He suggested the use of the tax (or Public Improvement Fee) as was done with Glenwood Meadows and encouraged the Town to take its time and do the right thing. Brian Dillard, Basalt, said sustainability is not subsidized. There is a way the Town can end up with the view plane they are looking for, however it will require some development to offset the cost without the Town having to seek funds to buy it. Brian Dillard asked for answers to some questions: How much money is left from the bond we approved and voted on? If the Council would decide to purchase this parcel, where would the funds come from? What is the economic vitality of the existing town parks, minus the farmer s market. Lastly, which plan is being proposed in Resolution No. 19? Greg Shugars, Basalt, said the plan was never presented to the DAAC the one with 2 sets of condos and a hotel encroaching into the park space. Greg emphasized that Basalt was the only town in North America with two Gold Medal rivers flowing downtown, which can now be seen, after 60 years. Greg questioned the viability of the hotel and thought maybe it would have to be 4

5 a theme hotel. Greg said he was thrilled that the visual, physical and psychological connection to the park has been restored. As the valley gets more crowded, the park will become more valuable. If anything is built next to it, it has to be compatible and have synergy with the park. Rick Stevens asked that the proposed map and the LOWE concept be put into the same scale. Bernie Grauer wanted to see the DAAC map superimposed, too. Norm Clasen, valley resident since 1962, disagreed with those who were saying slow down. He said 20 years ago, the River Master Plan was developed, but it always gets stalled and put away. Norm pointed out the Our Town Planning process and he didn t want to debate what would go where or how high it would be. He wanted to point out to Council there was a CDC parcel and 2 park parcels, which, when combined total 5.3 acres. Mr. Clasen said he didn t think the Town relocated 360 people just to build a park. Norm Clasen said the town was hurting; they do pretty well in the summer, but winter is rough. Mr. Clasen didn t think the town had a future if we don t get something to anchor what RMI has done here; RMI would love to see a hotel to accommodate their guests. Although there are hotels in town, Mr. Clasen wasn t sure they were at the level some people would want. Mr. Clasen said there were 2 parcels the park and the CDC parcel and he encouraged council to come to a decision; don t keep it in limbo. Jae Gregory, Basalt, thanked Council for listening to the people the last month. She thanked Council for doing what a majority of the people said they wanted and that was more open space. Jae said she thought it was awesome that the CDC was willing to partner with the Town and encouraged Council to work with them. Jae said she had read every report and participated in the recent Our Town Planning process and every time, the vast majority of people want the same 10 to 15 things, and it wasn t condos. Jae said we needed to buy the property; the only problem was the financial burden of the purchase which she trusted the Town could figure out. Sandy Kucharczyk, thanked Council for listening to the people, following what they wanted. She thanked LOWE s also for trying to follow what they thought the Town wanted. She hoped LOWE stays at the table and comes up with something that is a good hotel. She wondered what would happen with the potential building site. Patty Letch thought it was great for the CDC to collaborate with the Town to make it financially possible for the Town to purchase the property, feeling this was a tremendous opportunity and that after purchasing the property there would be an opportunity to recoup the money. Mark Kwiecienski said the value would be in the entitlements on the property. If the Town loads the other parcel with entitlements, it would become worth far more than the $2.5 million. Cathy Click, member of the DAAC and BACH, thought we needed to move forward, and if moving forward is to acquire the property back from the CDC, so we have the entire parcel the CDC proposed including Merino Park and Lions Park, and we have an opportunity to take the burden off of that tiny spot, we should do that. There are other possible areas for development, Cathy said she was in favor of exploring those opportunities. Gerry Terwilliger, Homestead Drive, said a number of the DAAC members who pushed for everything across from Lions Park to be open space, and thought the Town should take the CDC up on their offer pursue purchasing the whole thing. 5

6 Sandy Holmes, valley resident 30 years and Basalt proper for 4 years. Sandy shared her thoughts about how divided Basalt had become. She thought the town needed to start coming together. Sandy thought there was consensus we want to plant grass there, we want the summer to be vibrant, we all want our businesses to thrive. She wanted everyone to figure out the things they could agree on, like buy the parcel so the whole thing could be planned, might make more sense for the hotel to go across the river by the library and post office, for example. Sandy said it was time to join up instead of keep dividing. Jim DeFrancia reminded everyone all LOWE did was bring forth a plan commensurate with the general recommendations and principles of DAAC. It is just a plan, an idea, but there is no vested interest in that. Mr. DeFrancia said they were more than happy to work with the Town in a public private venture to produce what the Town wants. Town Attorney Tom Smith asked if LOWE was prepared to take a position on the proposed downtown planning map before Council this evening? Mr. DeFrancia said they would have no problem implementing a plan on a development of that nature, or the plan that called for combining the Lions Park and CDC parcels in a different format; they saw viability and potential in that as well. Sharon Hall asked Mr. DeFrancia if they considered a condo/hotel combined rather than a separate hotel and condos. Mr. DeFrancia said they had done that before, as they successfully operate the GANT in Aspen for 40 years. Mark Kwiecienski said his concern with telling LOWE to go ahead with this would be that the parcel was worth far in excess of $2.5 million and if they included the recycle site and Lions Park, it would just muddy things up. Mark said that s why he would encourage the Town to buy the CDC parcel. Rick Stevens said he had been at this for 25 years. He was aware of the confluence, aware of the gold medal waters; it was time to make a decision and give someone direction. He felt that if it stalled out again, he would be the first to move for an election in November. Herschel Ross agreed that we need to get going forward. Rob Leavitt said people who wanted more open space got it; those who wanted development downtown got it. Rob thought we liked the hotel along the river, nobody wanted condos along the river, we parceled Lions Park for affordable and free market housing. Rob thought Council had made progress in moving forward with something that should make just about everyone in the room happy. Bernie Grauer said he understood Rick s frustration, but didn t think the history of the partnership with the CDC should color our judgement going forward with negotiations with them. Bernie said he saw a golden opportunity and thought we should move on. Bernie said he would be comfortable voting tonight to approve the resolution and the map. Gary Tennenbaum said he looked at this as an incredible opportunity for the town to come together, believing this was a great place to have some compatible development and a park. Gary thought this was a great opportunity to continue community engagement. Gary thought we could come together and compromise. He liked that the CDC came out and spoke about their vision and wanted to clear up what CDC owns and liked that LOWE was still in the room. 6

7 Mark Kittle said he would hate to see a referendum happen, and agreed with Rick on many of his comments. He was not of a mind to bail out the CDC at this point, and thanked Jim DeFrancia for sticking with this. Mark said he would vote yes to see something get done. Jacque Whitsitt thought everyone was so close to getting together; and that they were starting to repeat themselves. Jacque said she had never heard anyone on Council say they wanted the site to be all park; no one has ever said no development, everyone was okay with a level of vertical real development, but the uses needed to be decided. She thought there was some sense in looking at a bigger palette and not trying to squeeze everything on a single spot. She was proud of the community, happy to be moving forward and happy Jim DeFrancia and the CDC were still here. M/S COUNCILORS ROSS AND KITTLE TO APPROVE THE RESOLUTION, DISTRIBUTED THIS EVENING AT THE MEETING ON BLUE PAPER, WITH THE ALTERNATIVE LANGUAGE PROPOSED. M/S MAYOR WHITSITT AND COUNCILOR TENNENBAUM TO AMEND THE MOTION TO REMOVE SECTION 2 AND STRIKE SPECIFIC REFERENCES TO LOWE ENTERPRISES AND REPLACE IT WITH DEVELOPER. Discussion followed. Rick Stevens noted the map could change; it was just a concept. Any proposal would have to go through a development review process. Bernie Grauer agreed with Rick that the map doesn t the Town into any specific use or design. Bernie also agreed that the word LOWE should be removed. THE MOTION FAILED 3-4 WITH HERSCHEL ROSS, RICK STEVENS, BERNIE GRAUER AND MARK KITTLE OPPOSED. M/S COUNCILORS GRAUER AND MAYOR WHITSITT TO REMOVE IN SECTION 3 THE LANGUAGE THAT SAYS LOWE ENTERPRISE AND SUBSTITUTE THAT WITH THE DEVELOPMENT ORGANIZATION, AND ADD IN AFTER FOR COUNCIL CONSIDERATION THE WORDS AND PUBLIC DISCUSSION. Mike Scanlon asked that the language be that developer that the Roaring Fork CDC has identified. After some general discussion, Bernie asked that LOWE be left in the language as originally proposed and abandoned his motion. The Original motion was voted on: M/S COUNCILORS ROSS AND KITTLE TO APPROVE THE RESOLUTION, DISTRIBUTED THIS EVENING AT THE MEETING ON BLUE PAPER, WITH THE ALTERNATIVE LANGUAGE PROPOSED. THE MOTION CARRIED 5-2 WITH MAYOR WHITSITT AND COUNCILMAN TENNENBAUM OPPOSED. A short recess was called at 8:17 PM. Council reconvened the meeting at 8:29 PM. 6. TOWN COUNCIL ACTIONS: 6A. Chamber of Commerce - Annual Report 7

8 Chamber Director Robin Waters summarized a year of action, a marketing campaign, a transit proposal and a demographic study. Robin thanked the Council and staff for making it possible for the Chamber to strengthen vitality and improve quality of life in Basalt with the grant they received. The 3 components of the grant were marketing, transportation connectivity between Basalt and Willits and a demographic study. Robin explained how the Chamber approached their marketing program including a focus on print and electronic media, website expansion, newsletter expansion, Facebook, community event participation, to name a few. The Chamber has been collaborating with the BDBA as well. Transit options for greater connectivity, as a driver of economic vitality, Robin noted she had been working in some depth with RFTA; the Basalt Area Mobility and Accessibility Assessment would be available for review. Robin has also explored opportunities with Colorado Mountain Express and a private shuttle agency. Demographic Study: Robin said the Chamber had contracted with a data base system for demographic details. Robin said she worked with a gentleman from New Hampshire to draft a mini summary of how we can use market trends and demographic data to guide our decision making. Robin said the Chamber formed an economic development partnership at the end of last year and wants to formalize that group and keep it going. The Chamber had a requirement to do a 4 to 1 match, and made significantly more than the match requirement. M/S COUNCILORS STEVENS AND LEAVITT THAT COUNCIL ACCEPT THE CHAMBER OF COMMERCE ANNUAL REPORT. THE MOTION CARRIED SECOND READING OF ORDINANCES: 7A. Public Hearing and Second Reading of Ordinance No. 03, Series 2015: An Ordinance of the Town Council of Basalt, Colorado, Approving an Amendment to Chapter 6, Article V of the Basalt Municipal Code Related to Amending the Alcohol and Marijuana Buffer Measurement Methodology. (Mike Scanlon) Mayor Whitsitt opened the public hearing at 8:45 PM. Rob Holmes, one of the owners of Roots Rx, a recreational marijuana store in Basalt. Mr. Holmes explained in some detail that he opposes this proposed change, not because of the potential competition, rather because of the distance and view from schools and day care, exposure to children, etc. He thought there could be some modifications made to the rules in Basalt. He thought that taking a place that was in plain view of the high school and putting in a business of this nature was going against everything the industry had tried to do to keep it out of the hands of children. Pete Tramm said it was unacceptable to have this type of business on the south-facing side of the building; the portion that had a clear view to the high school. His purpose with zoning was to keep this type of business out of the eyes of kids. Manager Scanlon explained that this had nothing to do with any specific shop, it had to do with distance to a property. Herschel Ross added that this had to do with distance, not visibility; that would be an addendum to this ordinance. Shawn Lee(?) said he was one of the applicants moving into the proposed location being discussed; the business was on the inside of the area and he thanked Council for their careful consideration of the Ordinance. Rick Stevens said he would abstain from this as he had not been present for first reading. Bernie Grauer said he would be happy to entertain changes in code that would address the visibility issue, but this is about physical distance. 8

9 M/S KITTLE AND GRAUER THAT COUNCIL APPROVE ORDINANCE NO. 03 SERIES OF 2015, TO APPROVE AN AMENDMENT TO CHAPTER 6, ARTICLE V OF THE BASALT MUNICIPAL CODE AMENDING THE ALCOHOL AND MARIJUANA BUFFER MEASUREMENT METHODOLOGY. Gary Tennenbaum wondered if tabling or amending the ordinance was an option. Town Attorney Tom Smith said Council had the ability to approve, deny or table tonight; but there was a motion on the table right now. Jacque Whitsitt said she was bothered a little that neither staff nor council had thought of this before. THE MOTION FAILED WITH COUNCIL MEMBERS TENNENBAUM, LEAVITT AND WHITSITT OPPOSED, AND COUNCILMAN STEVENS ABSTAINING. Councilman Tennenbaum attempted to table the matter with Attorney Smith indicating the motion had and was no longer available for tabling. Bernie Grauer said he was willing to have a broader discussion about this at some later date. Herschel Ross said if the matter were brought back, it could encompass a new amendment as well. There was a consensus among council to have staff look into the matter further. 7B. Presentation, Public Hearing and Second Reading of Ordinance No. 06 Series 2015: An Ordinance of the Town Council of Basalt, Colorado, Granting ESA Approval and Site Plan Approval In Connection with the SH 82-Basalt Avenue Underpass Project (Susan Philp and Mike Scanlon) Planning Director Susan Philp said this was second reading of the land use approvals for the underpass. There was a letter from Safe Routes to School Coalition supporting the underpass, and one resident from the south side who was present this evening in support of the underpass. Mayor Whitsitt opened the public hearing at 9:04 PM. There were no public comments and the hearing was closed. M/S COUNCILORS ROSS AND KITTLE THAT THE TOWN COUNCIL APPROVE ORDINANCE NO. 06, SERIES OF 2015, GRANTING ESA APPROVAL AND SITE PLAN APPROVAL IN CONNECTION WITH THE SH 82-BASALT AVENUE UNDERPASS PROJECT. THE MOTION CARRIED C. Public Hearing and Second Reading of Ordinance No. 07, Series 2015: An Ordinance of the Town Council of Basalt, Colorado: Approving an Appropriation of Funds to be used Toward the Purchase of a Conservation Easement and Public Trail Easement on the Emma Farms Property (Susan Philp) Councilman Tennenbaum recused himself from this conversation. Dale Will, Pitkin County Open Space and Trails Director, was present to discuss the proposal to place another conservation easement on the Emma farms property. Mayor Whitsitt opened the public hearing at 9:06 PM. There were no public comments and the public hearing was closed. 9

10 M/S COUNCILORS ROSS AND LEAVITT THAT THE TOWN COUNCIL APPROVE ORDINANCE NO. 07, SERIES OF 2015, APPROVING AN APPROPRIATION OF FUNDS TO BE USED TOWARD THE PURCHASE OF A CONSERVATION EASEMENT AND PUBLIC TRAIL EASEMENT ON THE EMMA FARMS PROPERTY. THE MOTION CARRIED RESOLUTIONS 8A. Resolution No. 16, Series of 2015: A Resolution of the Town Council of the Town of Basalt, Colorado, Approving an IGA Basalt Sediment Removal Scope of Work with CDOT (Larry Thompson and Mike Scanlon) Manager Scanlon said that as staff had been doing the FEMA remapping effort trying to determine the southside floodway and remapping of the floodway, they discussed the cobble build up on the state bridge on Highway 82. Staff, working in collaboration with CDOT and John Sikora of URS engineering, has been able to draft an agreement that allows us, on an on-going basis, to survey the elevation of the cobble. Once the cobble reaches a certain level, CDOT is to remove it; if CDOT doesn t remove it, we can contract to have it removed and bill CDOT. M/S COUNCILORS KITTLE AND GRAUER THAT THE TOWN COUNCIL APPROVE RESOLUTION NO. 16, SERIES OF 2015, APPROVING AN IGA BASALT SEDIMENT REMOVAL SCOPE OF WORK WITH CDOT. THE MOTION CARRIED B. Resolution No. 17, Series of 2015: A Resolution of the Town Council of the Town of Basalt, Colorado, Ratifying the Allocation of the Holy Cross Discretionary Funds. (Mike Scanlon) Manager Scanlon said the Holy Cross Community Enhancement Program provides 1% of their Basalt collections for electricity, back to the community. The 7 different purposes of those funds are outlined in Ordinance 3, Series of The Town must submit a request to Holy Cross to determine if the use fits the requirements. The Town submitted a request and identified the Basalt Education Foundation which, on an annual basis takes grant requests from all Basalt schools, and took their top 5 grant requests which were approved in addition to the Barefoot in Basalt program. Herschel wondered about the disparity between the $5,000 for education and $19,000 for the Guinness Book of World Records activity. Manager Scanlon said in 2014, the amount of Holy Cross funds that the Town gave to Basalt schools was in excess of $57,000 for playgrounds and technology. Bernie Grauer wondered why there was $8,000 for an adjudicator on the world record project and said he shared Herschel s feeling that we should have more balance for education. M/S COUNCILORS LEAVITT AND KITTLE THAT THE TOWN COUNCIL APPROVE RESOLUTION NO. 17, SERIES OF 2015, RATIFYING THE ALLOCATION OF THE HOLY CROSS DISCRETIONARY FUNDS. THE MOTION CARRIED 7-0. ITEM 8C. WAS MOVED TO END OF AGENDA - AFTER EXECUTIVE SESSION 8E. Resolution No. 20, Series of 2015: A Resolution of the Town Council of the Town of Basalt, Related to an Intergovernmental Agreement (IGA) between the Town of Basalt, Pitkin County, Snowmass Village and the City of Aspen, Outlining Mutual Aid Responsibilities. (Mike Scanlon) 10

11 Town Manager Mike Scanlon said staff had been working for quite some time on an IGA, triggered by the flooding on the front range. We don t have a lot of mutual aid agreements among the entities in Pitkin County. One change was made to the agreement under Section 1 that recognizes this agreement does not apply to the law enforcement agencies; we will need a separate IGA for them as they have unique circumstances that they need to account for. M/S COUNCILORS LEAVITT AND ROSS THAT THE TOWN COUNCIL APPROVE RESOLUTION NO. 20, SERIES OF 2015, RELATED TO AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE TOWN OF BASALT, PITKIN COUNTY, SNOWMASS VILLAGE AND THE CITY OF ASPEN, OUTLINING MUTUAL AID RESPONSIBILITIES. THE MOTION CARRIED F. Resolution No. 21, Series of 2015: A Resolution of the Town Council of the Town of Basalt, Granting Approval for Summer Events in Basalt. (Susan Philp and Marc Breslin) Planning Director Susan Philp introduced Marc Breslin, Cathy Click and Kelly Alford who were present to address this item. Susan said the staff and BDBA have been working with Marc Breslin to develop a comprehensive festival list of things to do as outlined in attachment A of the Resolution. The request is just under $55,000, but the Resolution includes a number of ways to seek reimbursement including requesting $20,000 from the BDBA and Chamber and liquor sponsorships. Marc Breslin had been talking to the Town and BDBA about doing events and thought maybe the concert series downtown could be revitalized, talked about the Buddy Program s Lemonade Days, and perhaps a community Country Dance. Marc said it felt like the Town felt good about it, and it would bring some excitement and vitality. Susan Philp said staff was aware that everybody wants these events and vitality, and there is a cost to doing this. Staff can t do it, the Chamber is out of the events business, and they are exploring other ways to make this happen. Rick Stevens said one of the biggest problems has been staffing these things, and said there had been an opportunity to call out volunteers from the community gardens, but that suggestion was rebuffed. Rick felt if community wants these things, they need to make it happen. Rick felt there needed to be more civic engagement here, but was unsure how to achieve that. Cathy Click said that point was well taken. The BDBA talks about this and everyone wants to have events downtown, but the BDBA members are running small businesses. To staff these events small business owners have to hire more help so the owners can volunteer. Funding this and hiring crews is one way to have vitality downtown and participate. Kelly Alford said everyone had other businesses. Marc Breslin knows the event business, security, restrooms, etc. This is creating vitality fairly instantly. Gary Tennenbaum asked how other small communities do it. He said he would love to discuss how other communities do it, so we can move forward with it. Gary said it was a nice and easy way to do vitality, but if the costs were better know, the Town could work on that for future budgets. 11

12 Herschel Ross asked if this was in lieu of going back and forth from Lions Park to Triangle Park. The concerts will happen this summer in downtown Basalt as Triangle Park at Willits may be under construction. Bernie Grauer expressed concern about open ended commitments, though he was in favor of vitality. He said he would be more comfortable with language that read in an amount not to exceed Bernie expressed concern for taking funds from reserves and said he would not support amending the budget to take from the reserves, but would support setting an upper limit of some cash contribution for these events. He would support a not to exceed Town contribution and a not to exceed amount on each event. Bernie also expressed concern for staff and having their time and energy being diverted from the master plan for town fundraising. Mayor Whitsitt asked what the top number should be for the Town s contribution. Robin Waters interjected that the Chamber is not out of the events business, but out of this particular event. Robin said we need to build a culture of support, to create anchor recurring events and have professionals put them together to create an environment we want to move forward on; the Chamber wants to support this. Mayor Whitsitt said it was obvious that Council needed to have a bigger discussion about this during budget, and include the Chamber and BDBA. Herschel Ross wondered if this is the best way to fund this, or are there other or better resources. Manager Scanlon said there were other resources that could be used, but if this is the direction we go, this would are out a change from what we were doing, and it would stand out as an expense in the budget that can be rolled into the 2016 budget discussions. M/S COUNCILORS STEVENS AND ROSS THAT THE TOWN COUNCIL APPROVE RESOLUTION NO. 21, SERIES OF 2015, GRANTING APPROVAL FOR SUMMER EVENTS IN BASALT, NOT TO EXCEED $25, EXECUTIVE SESSION: M/S COUNCILORS LEAVITT AND GRAUER THAT THE TOWN COUNCIL ENTER EXECUTIVE SESSION FOR THE PURPOSE OF: A CONFERENCE WITH OUR ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS IN ACCORDANCE WITH C.R.S (4)(B); AND DETERMINING POSITIONS RELATIVE TO MATTERS THAT ARE OR MAY BECOME SUBJECT TO NEGOTIATIONS IN ACCORDANCE WITH C.R.S (4)(E); AND PERSONNEL MATTERS IN ACCORDANCE WITH C.R.S (4)(F). Council entered Executive Session at 9:38 PM. Staff left the room at this time. M/S WAS MADE BY COUNCIL TO ADJOURN THE EXECUTIVE SESSION AND RECONVENE THE COUNCIL MEETING AT APPROXIMATELY 10:14 PM. M/S COUNCILORS TENNENBAUM AND KITTLE TO APPROVE RESOLUTION NO. 18, SERIES OF 2015 REGARDING THE TOWN MANAGER S PERFORMANCE AND PAY ADJUSTMENT. THE MOTION CARRIED

13 10. INFORMATION AND CORRESPONDENCE: NO ACTION REQUIRED BY THE TOWN COUNCIL A. Accounts Payable B. Correspondence to the Town 11. ADJOURNMENT M/S COUNCILORS TENNENBAUM AND GRAUER TO ADJOURN THE MEETING AT 10:15 P.M. THE MOTION CARRIED 7-0. The minutes of the April 28, 2015 meeting were read and approved this day of, BASALT TOWN COUNCIL: ATTEST: By: Jacque Whitsitt, Mayor Pamela Schilling, Town Clerk 13