101 Midland Avenue, Basalt, CO TOWN COUNCIL EXECUTIVE SESSION AGENDA

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1 3A-I 101 Midland Avenue, Basalt, CO Meeting Date: January 27, 2015 Location: Town Council Chambers Time: 4:30 p.m. 4:30 A. Call to Order (Mayor Whitsitt) 4:31 B. Roll Call (Pam Schilling) 4:32 C. Items for Consideration TOWN COUNCIL EXECUTIVE SESSION AGENDA 4:35 D. Executive Session: for purposes of determining positions relative to matters that are or may become subject to negotiations in accordance with C.R.S (4)(e). 5:45 Adjourn 1. Call to Order (Mayor Whitsitt) TOWN COUNCIL LEGISLATIVE MEETING AGENDA The Legislative Meeting was called to order by Mayor Whitsitt at 6:04 PM. 2. Roll Call (Pam Schilling) Present were Mayor Jacque Whitsitt, Councilmembers Rick Stevens, Gary Tennenbaum, Herschel Ross, Bernie Grauer, Rob Leavitt and Mark Kittle. 3. Consent Agenda (Mayor Whitsitt) 3A-I. Minutes: December 9, A-II. Minutes: January 13, B. Reappoint: Mary Holley, Suzanne Wheeler and Vanessa Orantes to BACH 3C. Continue the Public Hearing and Second Reading of Ordinance No. 36, Series 2014 to March 24, 2015: An Ordinance of the Town Council of the Town of Basalt, Colorado, Amending the Approvals Granted in Ordinance No. 17, Series of 2013, Allowing Amendments to the Approval Documents Regarding Potential Foreclosure on the Roaring Fork Apartments Property, Basalt, Colorado. M/S COUNCILMEMBERS GRAUER AND ROSS THAT THE TOWN COUNCIL APPROVE THE CONSENT AGENDA AS PUBLISHED - ITEMS 3A THROUGH 3C. THE MOTION CARRIED 7-0.

2 4. Town Council Acknowledgments 4A. Citizen of the Year 4B. Students of the Month: Fairness Council acknowledged Julie Kolar, Basalt s Citizen of the Year for The Basalt Council also acknowledged the Students of the Month for the Pillar of Character of Fairness: Play by the rules; Take turns and share; Be open-minded, listen to others; Do not take advantage of others; Do not blame others carelessly. The Students of the Month are: From Basalt Elementary: Tiffany Martinez and Jonathan Rios. From Basalt Middle School: Mollie Burns and Landon Koski From Basalt High School: Viviana Garcia (absent) and Mauricio Sosa 5. Council Comments, Reports, Disclosures Councilmember Grauer said it had been on the agenda to review the town manager s performance for the year and thought it might be good to form a subcommittee to help focus that. Rick Stevens, Bernie Grauer and Jacque Whitsitt volunteered for the subcommittee. M/S COUNCILORS KITTLE AND ROSS THAT THE COUNCIL AUTHORIZE A SUBCOMMITTEE TO RETURN WITH A RECOMMENDATION ON HOW COUNCIL SHOULD REVIEW THE TOWN MANAGER. THE MOTION CARRIED 7-0. Councilmember Rob Leavitt, and Council representative to the Basalt Emergency Management Committee (BEMC), said it made him feel good to know the BEMC was there and available if they were needed. Councilmember Rick Stevens said the Ruedi Water and Power Authority (RWAPA) Board was scheduled for a retreat in a week or so. Rick asked that if anyone had any issues or concerns, they should contact him. Mayor Jacque Whitsitt said that the RFTA Board would be reviewing the CEO of RFTA; if anyone had any concerns, please address them to her. 6. Citizen Comments: for Items Not on the Agenda and Items Added to the Agenda After the Deadline Mayor Whitsitt welcomed 2 newly elected representatives of the Basalt Chamber Board who were present this evening: Jeff Campbell, 2015 Chamber Chair: Jeff is a Basalt resident and the CFO at Destination Resorts Snowmass with a long history in hospitality. Cathy Markle, Chamber Board Secretary for 2015, and owner of Alpine Design and Planning (Landscape Architect). 7. SECOND READING OF ORDINANCES: 7A. Public Hearing and Second Reading of Ordinance No. 01, Series 2015: An Ordinance of the Town Council of Basalt, Colorado, Approving a Contract for the Purchase of Unit 331, Riverside Plaza Lot BC Condominiums Located at 355 Gold Rivers Court. 2

3 Assistant Town Manager/Finance Director Judi Tippetts noted Unit 331 and Unit 334 were 1- bedroom units being made available to staff and local employees. Judi said she had an overwhelming response to the offering the units to the school district, fire district, etc. Mayor Whitsitt opened the public hearing at 6:25 PM. There were no comments and the public hearing was closed. M/S COUNCILMEMBERS ROSS AND LEAVITT THAT THE TOWN COUNCIL APPROVE ORDINANCE NO. 01, SERIES OF 2015, APPROVING A CONTRACT FOR THE PURCHASE OF UNIT 331, RIVERSIDE PLAZA LOT BC CONDOMINIUMS LOCATED AT 355 GOLD RIVERS COURT. THE MOTION CARRIED B. Public Hearing and Second Reading of Ordinance No. 02, Series 2015: An Ordinance of the Town Council of Basalt, Colorado, Approving a Contract for the Purchase of Unit 334, Riverside Plaza Lot BC Condominiums Located at 355 Gold Rivers Court. (Judi Tippetts) Mayor Whitsitt opened the public hearing at 6:27 PM. There were no comments and the public hearing was closed. M/S COUNCILMEMBERS ROSS AND KITTLE THAT THE TOWN COUNCIL APPROVE ORDINANCE NO. 02, SERIES OF 2015, APPROVING A CONTRACT FOR THE PURCHASE OF UNIT 334, RIVERSIDE PLAZA LOT BC CONDOMINIUMS LOCATED AT 355 GOLD RIVERS COURT. 6:25 8. RESOLUTIONS Councilmembers Mark Kittle and Rick Stevens recused themselves from discussing items 8A and 8B. 8A. Resolution No. 01 Series of 2015: A Resolution of the Town Council of Basalt Colorado, Amending the Pre-Development Agreement with the Roaring Fork Club Regarding the Arbaney/Kittle Addition to the Roaring Fork Club. 8B. Resolution No. 02, Series of 2015: A Resolution of the Town Council of Basalt, Colorado, Finding the Petition for Annexation for the Property known as a Portion of the Meyer Ranch LLC. Property in Substantial Compliance with the Requirements of the Municipal Annexation Act and Setting the Date of the Annexation Eligibility Hearing. Assistant Planning Director James Lindt asked that the two items be read and discussed together. Resolution 01 amends the Pre-Development Agreement with the Roaring Fork Club on the Arbaney Kittle development project. The change to the Pre Development Agreement is simply a change to the annexation piece; it is a piece of the Meyer ranch property adjacent to the Arbaney Kittle property. Resolution 02 finds the petition and annexation map for the proposed annexation in substantial compliance with the requirements of the municipal annexation act and sets the date of the annexation eligibility hearing. The piece proposed for annexation is within the Town s urban growth boundary and is proposed to be added to the Arbaney Kittle project for the relocation of the maintenance facility. The original agreement did not contain the Meyer Ranch property piece. 3

4 Scott Russell, representing the Roaring Fork Club, was present. Scott identified the property to be annexed and the land swap piece, on a wall map and explained the annexation/deannexation, and net-neutral land swap. M/S COUNCILMEMBERS GRAUER AND LEAVITT THAT THE TOWN COUNCIL APPROVE RESOLUTION NO. 01, SERIES OF 2015 AMENDING THE PRE-DEVELOPMENT AGREEMENT WITH THE ROARING FORK CLUB; AND THAT THE TOWN COUNCIL APPROVE RESOLUTION NO. 02, SERIES OF 2015 FINDING THE PETITION FOR ANNEXATION OF THE PROPERTY KNOWN AS A PORTION OF THE MEYER RANCH LLC IN SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF THE MUNICIPAL ANNEXATION ACT AND SETTING THE DATE OF THE ANNEXATION ELIGIBILITY HEARING FOR MARCH 24, THE MOTION CARRIED C. Resolution No. 03, Series of 2015: A Resolution of The Town Council Of Basalt, Colorado, Accepting The Downtown Area Advisory Committee Report And Identifying The Next Steps In The Our Town Planning Process. Planning Director Susan Philp explained some changes had been made to the Resolution and directed Council to a yellow sheet of paper which had been distributed at the meeting indicating those changes. Planning Director Philp explained that the January 10 Council worksession was where the next steps were laid out. This Resolution is part of the next steps. The Resolution: Accepts the DAAC Report; Acknowledges the Our Town Planning Survey; Identifies the next 3 steps of the Our Town Planning Process; Directs staff to develop a schedule for completing the work laid out in the next steps; and affirms that Council will keep the public informed through televised worksessions and the Our Town Planning website, and will continue public engagement through Council meetings and public hearings. Councilmember Stevens asked when Council would look at the results of the survey and achieve consensus. Staff indicated the results would be at the February 10 meeting. M/S COUNCILMEMBERS TENNENBAUM AND ROSS THAT COUNCIL APPROVE RESOLUTION NO. 03, SERIES OF 2015, ACCEPTING THE DOWNTOWN AREA ADVISORY COMMITTEE REPORT AND IDENTIFYING THE NEXT STEPS IN THE OUR TOWN PLANNING PROCESS, AS AMENDED ON THE YELLOW SHEET DISTRIBUTED AT THE MEETING. THE MOTION CARRIED D. Resolution No. 04, Series of 2015: A Resolution of the Town Council of Basalt, Colorado, Directing Staff to Continue Production of All Work Necessary for the Construction of the Basalt Avenue Underpass and to Enter into an Agreement with CDOT for $2,016,000 in Funding to be used in Conjunction with Said Project. Town Manager Mike Scanlon noted that last year at this time, there were no dedicated funds for this project. For the work of Larry Thompson, Susan Philp, Eva Wilson, Brian Petit, G.R. Fielding of Pitkin County, John Krueger with the City of Aspen, George Newman who was at the IMTPR (Inter-Mountain Transportation Planning Region) meeting, Joe Ryan co-chair of the group, and David Johnson of RFTA, over the past 12 months, we now have the $2,016,000 dollars for the underpass. The Town and POST had already approved $1 million in funds, there were $500,000 from RFTA, $750,000 to $1 million we will seek from the EOTC (Elected Officials Transportation Committee). This resolution would finalize the agreement with CDOT and direct 4

5 staff to continue to seek funding. COUNCILMEMBERS TENNENBAUM AND LEAVITT THAT THE TOWN COUNCIL APPROVE RESOLUTION NO. 04, SERIES OF 2015 DIRECTING STAFF TO CONTINUE PRODUCTION OF ALL WORK NECESSARY FOR THE CONSTRUCTION OF THE BASALT AVENUE UNDERPASS AND TO ENTER INTO AN AGREEMENT WITH CDOT. THE MOTION CARRIED :15 9. FIRST READINGS OF ORDINANCES: 9A. First 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 Marijuana Buffer Measurement Methodology. Town Manager Mike Scanlon said this Ordinance was developed from the comments made at the Council worksession. This version does not include alcohol, but there was no reason it couldn t be created as part of our Code. Staff would work on companion language and bring a revision back to Council on February 24. This Ordinance amends the method of measuring distance to allow for the sale of alcohol or marijuana if that portion of the building falls outside of the 500-foot buffer zone. Councilmember Grauer said it seemed common sense to make them subject to the same regulations. Councilmember Grauer added that Council had wanted specific reference to that portion of the building, not the whole building. Councilmember Leavitt said this ordinance seemed to make things less restrictive and he was not in favor of that. Councilmember Ross said this had been Mark Kittle s compromise that he suggested. In the event that you had a long building where a portion of the building was within the 500 foot buffer, but the marijuana or alcohol was in the building, but outside of the buffer. Councilmember Tennenbaum felt the change was fine; marijuana was already so restrictive. Councilmember Leavitt said that a marijuana shop could be put next to a children s clothing store or school supply store and wondered if Council had really thought this through. Councilmember Stevens thought the 500 foot buffer would sterilize an area so that once a marijuana shop or liquor store were in place, a day care could not go within that buffer. Councilmember Grauer said he thought this was in response to the interpretation of our marijuana distance form schools, etc.; this was a simplification. There wouldn t be any more marijuana shops added there would be 2 only. Liquor was a separate legal issue. M/S COUNCILORS ROSS AND GRAUER THAT THE TOWN COUNCIL APPROVE ORDINANCE NO.03, SERIES OF 2015, APPROVING AN AMENDMENT TO CHAPTER 6, ARTICLE V OF THE BASALT MUNICIPAL CODE RELATED TO AMENDING THE MARIJUANA BUFFER MEASUREMENT METHODOLOGY ON FIRST READING AND SET THE PUBLIC HEARING AND SECOND READING FOR FEBRUARY 24, Councilmember Stevens said his problem with this was that as you go to a higher density neighborhood and you need daycare, the daycare has to remain outside of that 500 foot buffer. 5

6 Rick said overlapping buffer zones would be created that would eliminate certain uses that are also community needs you want located near to your neighborhood; it would sterilize those types of uses anyway, because no one would want to put a daycare near a liquor store or marijuana outlet. Bernie Grauer said this change was in response to an issue that was raised about the interpretation of our code by a marijuana shop. A part of the building was in the buffer, but the shop itself, though inside the building, was out of the buffer zone. Bernie thought the language was being created so we wouldn t have one corner of a shop being legal, and the rest of the shop being illegal. We are not adding any more marijuana shops; we are limited to 2; the number of liquor outlets would be a separate issue and based on community input. Rick Stevens asked if we had an area where we put liquor or marijuana, then you couldn t put a daycare in that 500 foot buffer area; is that a correct interpretation? Tom Smith said that would be correct; if a day care wanted to move in next to an existing liquor store, they could not as there is a 500 foot buffer required between liquor/marijuana and schools or day care uses. David Schoenberger said he wanted to make a few factual statements for the board. David said he had worked diligently with the Town and Pitkin County for close to 2 years during a 39 month moratorium. In putting together the restrictive values, Mr. Schoenberger said that he decided the restrictiveness of the zoning was necessary in putting this entire medical marijuana, recreational marijuana together. David talked about the way the measurement was made and felt that it had been done incorrectly. David said there was only 12 feet in question. David Schoenberger said he was annoyed by the comments he had heard. He said there were 3 entities that had attempted to move in to the store where the Basalt Thrift store is. Each time they have pulled out. It s hurt the Basalt Thrift Store and it s hurt the community. David felt it didn t make any sense to be this restrictive with what was going on. It was frightening to David to hear that if the population of Basalt exploded, and day care was needed, they wouldn t be allowed to put a place in if there was a medical or recreation marijuana place there. David said If you vote against this you, are voting against the community and against what you represented to us. This is one of those decisions that would cause a lot of people to have confidence in your abilities or not. David said he d been working on this since April 2009 and hoped Council would vote to approve it for the right reasons. Rob Leavitt said he was in favor of having the liquor and marijuana distance restrictions being the same. THE MOTION DIED BY A VOTE OF 3-3 WITH COUNCILMEMBERS STEVENS, LEAVITT AND WHITSITT OPPOSED. Bernie Grauer clarified that since this motion died, 10. ADDITIONAL ITEMS FOR DISCUSSION 11. INFORMATION AND CORRESPONDENCE: NO ACTION REQUIRED BY THE TOWN COUNCIL a. Accounts Payable b. Correspondence to the Town 6

7 12. ADJOURNMENT M/S COUNCILORS TENNENBAUM AND GRAUER TO ADJOURN THE MEETING AT 7:04 PM. THE MOTION CARRIED 6-0. The minutes of the January 27, 2015 were read and approved this 24 th day of February, BASALT TOWN COUNCIL: ATTEST: By: Jacque Whitsitt, Mayor Pamela Schilling, Town Clerk 7

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