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Basalt Town Council Meeting

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					                                 BASALT TOWN COUNCIL
                                   REGULAR MEETING
                                                                                           2
                                    MARCH 24, 2009

                                          MINUTES

Call to Order: The regular meeting of the Basalt Town Council was called to order at 6:05 p.m.
on Tuesday, March 24, 2009 by Mayor Leroy Duroux.

Roll Call:
Council members present for this meeting were Mayor Leroy Duroux, Council members Katie
Schwoerer, Jacque Whitsitt, Peter McBride, Chris Seldin, Amy Capron and Gary Tennenbaum.
Also present were Town Manager Bill Kane, Town Planner Susan Philp, Community
Development Coordinator Glenn Hartmann, Assistant Planning Director James Lindt, Town
Engineer Larry Thompson, Finance Director Judi Tippetts, Police Chief Keith Ikeda, Public
Works Director Bentley Henderson and Town Clerk Pamela Schilling. Citizens signing in at this
meeting were Dana Dalla Betta, Bennett Bramson, Andrew Light, Joe Zuena, Davie Fiore, and
John Bender.

Consent Agenda
1. Accounts Payable
2. Minutes of March 10, 2009
3. Next Agendas
4. Continue to April 14, 2009: Public Hearing and Second Reading of Ordinance No. 02,
Series of 2009: An Ordinance of the Town Council of the Town of Basalt, Colorado, Granting
an Extension of Vested Rights for the Snow River Lodge (Also Known As the Snowflake PUD)
Located at 109, 113, 117 and 121 Emma Road, Lots D, E, F and G, Basalt Commercial Park,
Basalt, Colorado.

M/S COUNCILORS CAPRON AND SELDIN TO APPROVE THE ACCOUNTS PAYABLE FOR
MARCH 2009 AS PRESENTED. A ROLL CALL VOTE WAS HELD. THE MOTION CARRIED
7-0.

M/S COUNCILORS SELDIN AND WHITSITT TO APPROVE THE REMAINDER OF THE
CONSENT AGENDA, ITEMS 2 – 4, FOR MARCH 24, 2009 AS PRESENTED. THE MOTION
CARRIED 7-0.

5. Community Service Acknowledgements:

The March Students of the Month were honored for the Pillar of Character: Citizenship which
means: Do your share to make your school and community better; Cooperate; Stay informed -
vote; Be a good neighbor; Obey laws and follow rules; Respect authority; and Protect the
environment .

The March Students of the Month are:
From Basalt High School: Anette Stenstadvold and Connor Roper.
From Basalt Middle School: Chapin Newhard and Sara Pearson.
From Basalt Elementary School: Tyler Jackson and Daniel Sherry.
Basalt Town Council – Minutes                                                       March 24, 2009


Councilor Comments:

Jacque Whitsitt said the Willits Trail was being blocked again, by people parking their cars on
the trail. Pedestrians, bicyclists, etc. were all being forced out into the street around these
vehicles. Jacque asked staff to look at some way to keep the cars off the trail until the Town
can create a grade separation.

Important Meeting Dates:

March 25, 2:30 p.m. at the Basalt Town Hall. A group of Basalt Middle School students, were
scheduled to make a presentation concerning a small medical clinic in Africa as part of a
fundraiser for that clinic and educational assistance fund for programs in Africa. All were invited
to attend.

M/S COUNCILORS SELDIN AND WHITSITT TO CONVENE AS THE LOCAL LIQUOR
AUTHORITY. THE MOTION CARRIED 7-0.

6. Public Hearing: Request for Transfer of Tavern Liquor License from Ciri Investments
to JN Alexander Companies, 202 Midland Avenue

The Town Clerk introduced Jody Noble and Charles Alexander, a husband and wife team who
have purchased the Bistro Basalt, and are requesting a transfer of the Tavern Liquor License
from Ciri Investments to JN Alexander Companies.

Staff directed Council’s attention to the memorandum dated March 18, 2009 and reviewed the
regulations required for a transfer. No opposition to this transfer has been stated or submitted
to staff.

Jody Noble introduced her vision for the business noting a new menu would be started in the
next week or so; family-style meals are already being served at the establishment.

Mayor Duroux opened the public hearing at 6:20 p.m. There were no comments and the
hearing was closed.

M/S COUNCILORS TENNENBAUM AND WHITSITT TO APPROVE THE TRANSFER OF THE
EXISTING TAVERN LIQUOR LICENSE FOR JN ALEXANDER COMPANIES, DBA BISTRO
BASALT; THE APPROVAL OF THIS LICENSE IS BASED ON THE FINDINGS BY STAFF AS
STATED IN THE MEMO DATED MARCH 18, 2009. THE MOTION CARRIED 7-0.

M/S COUNCILORS SELDIN AND MCBRIDE TO ADJOURN AS THE LOCAL LIQUOR
AUTHORITY AND RECONVENE AS THE TOWN COUNCIL. THE MOTION CARRIED 7-0.

7. PD Relocation Update

Town Manager Bill Kane introduced this item to Council. Staff members Bentley Henderson
and Keith Ikeda were present as well. A letter dated March 20, 2009 signed by Fire Chief Scott
Thompson was received by the Town, giving the Town notice of termination of the IGA dated
03/08/2001. The IGA termination date is to be July 1, 2009. At that time the Basalt Police
Department will no longer be able to occupy the fire station building at 20 School Street as they
have since 2001.



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Basalt Town Council – Minutes                                                       March 24, 2009


Bill Kane noted that the current plan is to move the police department into the old library space
once vacated by the Library. There is the potential for a better meeting space at the library, and
using the current town hall council chambers for expanded office or meeting space.

The Library anticipates moving into their new space as early as December 2009, and as late as
February 2010. Consequently, the police will have to find a temporary location to house their
offices between July, 2009 and February, 2010; perhaps longer. They hope to find a space in
the commercial core of downtown to lease. There are 3 spaces being investigated. Staff
suggested that if Council had any ideas for the near or long term, please let them know.

Town Manager Bill Kane indicated the next step would be to present a proposal for a short term
lease for the police, and design ideas for creating some space in the library building.

8. Solar Panel Bids for Town Shop

Public Works Director Bentley Henderson presented this item to Council. Last year, the Green
Team undertook energy audits of town facilities. Steps were taken to make town hall more
energy efficient – from an on-demand hot water heater to switching from standard fluorescent
lights to CFLs and digital thermostats. Solar pre-heating panels were also placed at the
swimming pool last summer.
Three bids for the Shop panels were received. Annual electrical expenses for that facility are
less than $10,000 annually. It is anticipated the payback on the cost of the solar panels will be
about 3 years. Staff recommends acceptance of the contract In-Power from Carbondale.

M/S COUNCILORS MCBRIDE AND SELDIN TO DIRECT STAFF TO ACCEPT THE
CONTRACT WITH IN-POWER, AFTER REVIEW OF THE CONTRACT BY THE TOWN
ATTORNEY. THE MOTION CARRIED 7-0.

Town Manager Bill Kane sought approval for Mayor signature on a letter of support for Pitkin
County Open Space and Trails grant request to the State Historical Society for restoration of the
Emma Store. A draft letter had been placed on the desks prior to the meeting. The final letter is
to be organized to recognize that the Town of Basalt has also applied for funding from the State
Historical Society for the Kilns project.

There were no objections to the Mayor signing the letter.

Bill Kane said 21 consulting engineers had submitted bids for the Willits Trail project. Staff has
narrowed the field to 4 finalists. Members of Council were asked if they wanted to participate in
the interview process. Gary Tennenbaum, Jacque Whitsitt and Leroy Duroux volunteered to
participate.

A brief recess was called at 6:44 p.m. Council returned and reconvened their meeting at 6:58
p.m.

9A. P&Z consideration of recommendations to the Town Council concerning community
housing (previously referred to as affordable housing) requirements and Adopting the
2009 Basalt Community Housing Guidelines with Amendments

Planning Commission Chairman Bill Maron called the joint meeting of the P&Z and Council to
order with a roll call. Members present were Chairman Bill Maron, Commissioners Gary



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Basalt Town Council – Minutes                                                      March 24, 2009


Wheeler, Bernie Grauer, Craig Williams and Lis Conners. Absent, were P&Z members Able
Liston, Anne Freedman and Rally Dupps.

Town Manager Bill Kane introduced the next items. He explained the moratorium was set to
expire June 10 of this year. The time was set aside to evaluate the development regulations
and standards of the Town to try and make them congruent as possible with Eagle and Pitkin
counties. The four main issues of focus during this time period have been: housing and
housing guidelines, growth management, the commercial core district, and how to assess the
economic impacts of new developments.

Susan Philp discussed the proposed schedule noting that staff was looking to complete the
second reading on the ordinances by June 2 to conform with publication requirements by the
June 10 moratorium ending date. The second reading of the Community Housing and
Community Priorities Scoring System are scheduled for the next meeting. At that same
meeting, P&Z and Council will have a joint meeting on the Midland Core Code Amendments for
the Midland Core.

Assistant Planning Director James Lindt opened with the proposed amendments to the Housing
Code and Guidelines.

Global Amendment: A change of the word ‘affordable’ to ‘community’ housing.

Proposed residential inclusionary housing requirements (developed in conjunction with new free
market housing projects): To be amended to be consistent with Eagle County’s requirement of
35% of the total square footage in a residential project to be deed restricted community housing.

Proposed reduction mechanisms to reduce the housing requirements: A 5% reduction in the
housing requirement if a developer proposed to provide 10% of the total square footage in their
project as resident occupied housing; Another 5% reduction could apply if an applicant were to
propose a 1.5% voluntary transfer assessment on each free market unit of their development; or
a 10% reduction could apply if the developer were to do both a 1.5 % transfer assessment on
the free market component as well as a 10% of the total square footage as resident occupied
housing.

Proposed changes to the Commercial Mitigation Requirements: Would require 25% of the new
employees generated by development would have to be mitigated for by creating deed
restricted community housing.

Reductions proposed for the Commercial Mitigation Requirements if the project is in the C2
Zone District and the proposal is for smaller community commercial for-sale spaces of 500 sf or
less, the developer could cut their requirement in half. Or, if the 500 sf or smaller commercial
spaces were deed restricted “for-sale” and for community serving uses (commercial, restaurant,
hair salon, etc.) the project could obtain a complete mitigation waiver from the employee
generation requirements.

Proposed: To remove the 50-cent per square foot mitigation fee for commercial development.

For Mixed Use projects, the language is being proposed to be consistent with Eagle County’s
which requires mitigation for the higher of the residential or commercial mitigation requirements;
the lower to be forgiven. Eagle county proposes the lower AMI level be mitigated for; in all
cases that would be the residential requirement.


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Basalt Town Council – Minutes                                                       March 24, 2009



Proposed: To require mitigation for community facilities, similar to that of Aspen, but allow
Council to partially or completely waive the mitigation on a case by case basis.

Replacement Housing requirements: Not proposing to change those at this point. Evaluation of
these requirements will be made outside of the moratorium.

Proposed to revise the Code to allow that land be dedicated in lieu of providing community
housing, at the Town Council’s discretion.

Guidelines Changes proposed:
A complete rewrite of the P&Z Housing Guidelines.
Proposed update of the income levels and categories:
   Category 1 would be for units affordable to income groups of 80% of the Basalt AMI or lower
   Category 2 would be for units affordable to income groups of 81% - 120% of the Town’s AMI
   Category 3 would be for units affordable to income groups of 121% - 150% of the Town’s AMI

Proposed limits on homeowner association dues; HOA dues when combined with taxes and
homeowners insurance, would be limited to 20% of the income.

Proposed occupancy priority system for people who want to occupy community housing units
sale or rental. A 4 tier system has been proposed. 1st priority are essential employees within
the town limits; 2nd priority would be regular employees, non-essential, who work within the town
limits; 3rd priority are essential employees work full time within the planning area (Catherine
Store Road to Old Snowmass Conoco); and the 4th tier would be regular employees, non-
essential, working full time within the planning area noted previously.

Proposed: A special review provision that would allow developers not geared toward those
occupancy priorities, to be reviewed by Council.

Proposed: A lottery system for units required for the inclusionary housing; a simple system
modeled after Garfield County’s system, but would still require units that are required for
commercial mitigation to be developer-choice, as long as the occupancy they chose met the
employment, asset and income guidelines.

Proposed to update the “Fees in lieu” in the guidelines.

Proposed to update the rents. The rents would be tied to an AMI level. Category 1 would be
limited to 50% of the AMI, Category 2 to 65% of the Town’s AMI and Category 3 to 80% of the
Town’s AMI.

Proposed to update the asset requirements and limitations in the Guidelines. Asset limits to be
set at 150% of the purchase price of the unit.

Updated asset requirements and limitations in guidelines
Asset limits be set at 150 % of purchase price of units

Mayor Duroux opened the public hearing at 7:27 p.m.

Dana Dalla Betta, employed by the Aspen Ski Company, and resident of Basalt said she had
great concerns that the priority system that is established will block a number of the population


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Basalt Town Council – Minutes                                                       March 24, 2009


that lives here already and might want to continue to live here; they may be blocked because
they can’t afford it, or because their job doesn’t allow them to qualify for it. She urged Council
to think of this as a regional issue as discussed in the Master Plan. Dana said that 64% of (the
Town’s) population does not work in town right now. Keep in mind you have expressed a desire
to keep young families in the area and the priority systems as they are now would force some
families to relocate.

Scott Broughton, Original Road: Scott said he has a 3 acre parcel to which he has given
serious consideration to splitting for his 2 children. The inclusionary measures being proposed
would force him to create an additional lot for affordable housing; it could impose an incredible
financial burden for ‘mom and pop’ lot splits. It creates the potential for no new housing
because they couldn’t afford the creation of an additional lot, or the fees in lieu. The current
zoning R-2 doesn’t allow for secondary dwelling units, so if you create a lot, you must create 2
for the affordable housing. Scott asked Council to give serious consideration to the threshold
for some of the smaller projects.

Mark Kwiecienski, resident of Basalt, said he reviewed the plan being proposed and had
previously submitted miscellaneous comments to staff. Mark wanted to emphasize a couple of
points: If the Town is creating a community housing stock, it should be dedicated towards the
people who otherwise can’t afford to live here in Basalt. Mark stated that, for example, on a
$300,000 community housing unit, one could not have 150% of the price of a unit in assets –
not counting retirement assets. So, someone with $450,000 in assets, plus your retirement,
could easily afford an Elk Run home or condominium. Mark asked Council to look at that and
suggested that perhaps it should be cut back from 150% to 50-75% of the price of the unit in
assets. Mark felt that if the asset limits remained high, people would sell their free market units
to go into community housing units, defeating the purpose of community housing. Mark also
said the commercial development is only required to take care of 25% of the employees that will
be created. Although commercial will increase the tax base, it will also increase the traffic for
everyone in town. Mark felt the new housing guidelines were too heavy on the residential
requirements (35% of the entire project to be in the community housing realm) and too light on
the commercial

Nancy Bosshard, Aspen Junction, Basalt, resident since 1976. Nancy said she had always
thought she might subdivide her property at some time, but felt the proposed requirements were
too restrictive for a small or single lot split. Nancy thought the requirements should kick in when
a project was to create more lots, but not to the person that wanted to do a 2 or 3 lot split.

Joe Zuena, Riverside Drive and Elk Run resident: Joe said he couldn’t find terminology for “new
residential square footage and development”. So if a homeowner wanted to add, in his case in
Elk Run, up to 5,000 sf, would that 35% requirement dictate those extra bedrooms. And, on
page 3, items 3 and 4 on HOA dues and fees, etc., Joe thought the State of Colorado Statutes
might dictate any HOA and Town of Basalt rules.

Mayor Duroux closed the public hearing at 7:35 p.m.

James Lindt entered letters for the record from Mark Kwiecienski, Rick Stevens and Mark
Chain.

Assistant Planning Director James Lindt then walked Council and P&Z through the outstanding
decision and discussion items:



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Basalt Town Council – Minutes                                                         March 24, 2009


For Council, an administrative item: Staff heard Council say previously they may want to look at
splitting the Code amendments and the Guidelines to allow focus on the Code provisions;
Guidelines would be reviewed after the moratorium. Staff developed 3 options:
1) Continue moving through the existing process – code amendments and guidelines.
2) Continue code amendments, but narrow the Guidelines to changes to income categories,
sale prices, rental rates, and cash-in-lieu items only; or
3) Save all discussion of Guidelines until after the moratorium period has passed.
Staff recommended Option 2.

Peter McBride, Chris Seldin, Gary Tennenbaum, Leroy Duroux and Katie Schwoerer all felt that
Option 2 was viable. Bill Maron thought either Option 2 or the extended moratorium would be
workable, whichever allowed the most time to adequately review the issues. Amy Capron
thought the Code was probably most important in terms of obtaining decisions, and she
concurred with the rest of the group on Option 2.

Bill Kane suggested checking in at the end of April and see how Council was feeling about the
remaining schedule. Council did not want June 10 to dictate decisions. Chris Seldin preferred
not to extend the moratorium. Leroy Duroux suggested another option would be to schedule
additional meetings. James Lindt suggested Council proceed with Option 2 and see how far
they get. Joe Zuena suggested one streamlining tactic would be to add more information on the
website. Susan Philp said the information was on the website and people could comment
directly by e-mail to town hall.

James Lindt turned to items needing P&Z discussion.

Inclusionary Housing Requirements: There had been some concerns previously, about using
square footage versus a unit requirement. Staff had laid out some options for discussion:
1. Accept current proposal for 35% of the square footage with reduction mechanisms
discussed;
2. Maintain the requirement based on square footage, but reduce the required percentage;
3. Maintain the proposed mitigation percentage, but go to a mitigation based on the u=number
of units rather than square footage;
4. Maintain the current inclusionary requirement of 20% units and 15% bedrooms to be
community housing for developments of 5 dwelling units or greater.

Bernie Grauer wondered why the change was being made from units to square footage. James
Lindt explained that the discussions with Alex Potente of Eagle County revealed that there was
an advantage because they were getting more mitigation out of developers and it didn’t cost
much more to base their position on square footage rather than per units.

Chris Seldin felt that Eagle County had done a thorough job in studying this. The dilemma
Basalt is faced with is getting the most affordable housing for the community without rendering
projects infeasible; it is a balance of getting the most out of the private sector without rendering
their project economically unfeasible. Peter McBride said council calculated some projects at
35% of units versus 35% of the square footage and ended up with 3 or 4 more units when
calculated for the square footage. Bill Maron felt that Eagle County’s dynamic was different
enough from Basalt’s that their programs might not work here. Bill Maron said he would be
more comfortable with a first step as a percentage of units. Lis Conners repeated what the
public had previously said that the developer would have to charge so much on the retail side
that the cost of housing that remains as free market, will have to supplement the community
housing to the point that it may be too onerous for the developer.


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Basalt Town Council – Minutes                                                        March 24, 2009


Gary Tennenbaum reminded everyone the AMI percentage was also being raised, so the
subsidy would be less than it is now; there will be more units created, but the subsidy will be
less. Pete McBride explained this program will help fill the middle void as well by providing
community housing that will sell for $300,000. Lis Connors felt that Basalt did offer some lower
end cost housing here. Peter McBride said they were trying to look long term as well as
addressing current need. Bernie Grauer said the town has 500 approved housing units waiting
to be built; most likely not yet built for economic reasons. Bernie added that in his 4 years on
P&Z, they had come to approval on 300 more units. He didn’t think Basalt was desperate for
more housing that doesn’t pay it’s way. Bernie Grauer said he was wiling to adopt as
presented.

James Lindt said he heard that a majority of the P&Z sounded like they were okay with the
current proposal. There were no counters to James’ statement.

James Lindt then referred to the Inclusionary Housing information, included in the packets.
James said discussion was held at the last meeting whether to exempt a small subdivision of 2
or 3 lots or units. A sheet of options for small lot projects had been distributed with the housing:
Require current proposal to require inclusionary housing requirements for 2 or more units;
require inclusionary options for 3 or more residential options and exempt 2 unit developments;
exempt developments of less than 5 units; require inclusionary housing requirements to apply
to developments of 3 or more residential units, but allow developments of 2 units or less to meet
the housing requirements by making one unit an ADU or making a unit RO, or providing land in
lieu or providing a buy-down; maintain current standard that developments under 5 residential
units are not required to meet the inclusionary housing requirements. Staff indicated they like
suggestion 3 or some combination thereof.

Council indicated they were interested in seeing appreciation caps on RO.

Jacque Whitsitt indicated she liked the third suggestion; Peter McBride felt 3 was reasonable.
Gary Wheeler and Lis Conners both indicated a preference for option 3. Chris Seldin favored
option 4 noting that if the concern was having a place that one’s children could move back to,
RO could be restricted without having to pay any mitigation fees. Bill Maron indicated he liked
option 3 because of it’s sf cap.

The number of units to be exempt was discussed as being “less than five” which means four; or
use the words “four dwelling units or less”. Katie Schwoerer preferred 3 dwelling units, not 4;
Jacque Whitsitt agreed. Gary Tennenbaum felt 4 was confusing, but 3 was not. Peter McBride
was he was okay with the language “four or less”. P&Z discussed option 3 was more desirable.
A show of hands indicated consensus for “no more than 3” or “three or less” as the desired
language.

James Lindt discussed the commercial mitigation requirement options: 1) Stick with current
proposal to require mitigation for 25% of the employees generated by a new development with
reduction mechanisms; 2) Reduce the mitigation percentage; 3) Maintain the mitigation
percentage of 25% but reinstitute the sliding scale; 4) Maintain the current standards with the
sliding scale currently in use for mitigation of a maximum 20% of the employees generated.

Jacque Whitsitt asked where the 500 sf came from and examples of businesses that are 500 sf.
Riverwalk businesses are a good example of the 500 sf. Jacque wondered if that was the size
they wanted. Susan Philp said this came out of the Midland Core ideas and was basically
intended to be retail, small restaurants, etc., that people could buy.


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Basalt Town Council – Minutes                                                      March 24, 2009


Leroy Duroux suggested that instead of the 500 sf, allow space “of up to 1,000 sf” as for-sale
commercial spaces; allows for more flexibility of what the space could be used for. Jacque
Whitsitt wondered why there was no price deed-restricted on these spaces. Susan Philp said
staff could come back with a proposal for that; staff was creating a use restriction, not a price
restriction. Chris Seldin expressed concern with the low commercial mitigation number;
essentially granting incentives to people to let their employees commute. If the Town is going to
go lower than that, Chris suggested it should be done only for the deed restricted community
serving commercial (community serving use for deed restricted). Bill Maron felt 500 sf was
really not that small; it was an office. Bernie Grauer said he wasn’t convinced 500 sf was viable
or profitable. Lis Conners thought Eagle County just required the new buildings at Willits Bend
to be more flexible so the 500 sf spaces could be combined into larger spaces. Peter McBride
agreed with Leroy’s suggestion to go to 1,000 sf. Bill Maron said he could be convinced of that
size as well. Jacque Whitsitt wondered why, if price deed restricted commercial had been in the
Master Plan since 1999, it was not being moved on now, or removed from the Master Plan. Bill
Maron and Leroy Duroux said no one had figured out exactly how to make it work without
getting sued, given free market units. Jacque Whitsitt said she also agreed with Chris Seldin’s
concern about not mitigating on commercial space. Chris Seldin said as long as it was a
community serving use, he wouldn’t care what the square footage was.

Alan Richman spoke to the meaning of community service uses: first floor uses with the
exception of business offices and professional offices, banks and real estate offices; they would
be retail, restaurants, personal services such as barbershop, beauty shop, tailor, etc. Chris
Seldin said that was not his notion of what “community serving” would mean. He was thinking
more along the lines of community serving meaning affordable commercial so that people could
buy their kids’ socks in town, places to buy regular staples – things that serve the community,
not the tourists. As in Aspen, things like Carl’s Pharmacy that serve the community are being
squeezed out by the boutique shops that serve the tourists. Alan Richman said they’d been
looking at it from the zoning standpoint rather than an economic and housing standpoint. Price
caps on commercial space may be one way to address the issue Chris raised. Another way
would be to structure the deed restriction so it identifies a certain subset of uses that are
considered to be community serving uses, and it provides so those things would always be
allowed under the deed restriction and in the Basalt Guidelines ‘as amended from time to time’.
Alan Richman wondered how one would then determine who gets that space; being in that
space would give that business an incredible advantage over anyone in that same category –
that’s why it hasn’t been solved yet.

Susan Philp suggested changing the size from 500 sf to 1,000 sf since most everyone was
comfortable with that, and bring back more discussion on the community serving piece of it.

James Lindt raised a final item related to the Code, not in the packet, that had been raised at
the last meeting; a requirement for cash-in-lieu limited to 2,000 sf of housing. If you are
required to do 2,000 sf of housing or less, currently, you could do a cash-in-lieu. Chris had
suggested lowering that to 500 sf or less; James asked if there was support from Council or
P&Z for that idea. Potentially an addition of 2 free market units. It also kicks in on commercial
mitigation if required to do housing of less than 2,000 sf. Bernie Grauer said he’d never seen
units be built by cash-in-lieu in this valley. Peter McBride said it only applies if you get in a
funky square footage. James explained that if the housing required was below 500 sf, then you
could pay cash-in-lieu. Gary Tennenbaum said he was okay with that. Katie Schwoerer , Gary
Tennenbaum and Lis Conners said they agreed with the change in 2,000 to 500 sf.

James Lindt sought a recommendation from P&Z on the proposed Code changes.


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Basalt Town Council – Minutes                                                    March 24, 2009


M/S COMMISSIONERS WHEELER AND CONNERS TO RECOMMEND TO COUNCIL 1) TO
RETAIN CURRENT INCLUSIONARY HOUSING PROPOSAL; 2) CREATE SMALL LOT
EXEMPT DEVELOPMENTS AT 3 UNITS OR LESS - CHANGES TO THAT WOULD BE 3,000
SF FOR A SINGLE FAMILY DEVELOPMENT AND 1,400 SF FOR MULTI-FAMILY AS THE
CUT OFF POINT FOR HAVING TO MITIGATE FOR INCLUSIONARY HOUSING; 3) RETAIN
THE CURRENT PROPOSAL FOR COMMERCIAL MITIGATION WITH THE INCREASE IN
SQUARE FOOTAGE UP TO 1,000 SF FOR MITIGATION; 4) POTENTIAL FOR DEED
RESTRICTED COMMERCIAL SPACE WITH LEASE OR RENT CAPS; 5) CHANGE THE
CASH IN LIEU THRESHOLD FROM 2,000 SF TO 500 SF. THE MOTION CARRIED 5-0.

9B. First Reading of Ordinance No. 05, Series of 2009: An Ordinance of the Town
Council of the Town of Basalt Colorado, Approving Amendments to Portions of Chapter
16, Zoning , of the Municipal Code of the Town of Basalt, Colorado, Concerning
Community Housing (Previously Referred to as Affordable Housing Requirements)

Susan Philp said there was a provision in the ordinance that tries to clarify applicability and
projects in the pipeline and how they would be addressed. Susan said staff would probably talk
about that in more detail at second reading. The item is on page 5, item C of the Ordinance’
and in the definitions of 16-412 on the bottom of page 3 of the attachment.

M/S COUNCILORS WHITSITT AND SELDIN TO ACCEPT ON FIRST READING ORDINANCE
NO. 05, SERIES OF 2009: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
BASALT COLORADO, APPROVING AMENDMENTS TO PORTIONS OF CHAPTER 16,
ZONING , OF THE MUNICIPAL CODE OF THE TOWN OF BASALT, COLORADO,
CONCERNING COMMUNITY HOUSING (PREVIOUSLY REFERRED TO AS AFFORDABLE
HOUSING REQUIREMENTS), WITH THE UNDERSTANDING THAT THE AFFORDABLE
COMMERCIAL SECTION IS STILL UNDER REVIEW AND IS TO BE ADDRESSED AT
SECOND READING; TO CONTINUE THE PUBLIC HEARING TO APRIL 14, 2009. THE
MOTION CARRIED 7-0.

9C. Adoption of Resolution No. 02, Series of 2009: A Resolution of the Town Council of
the Town of Basalt , Colorado, Adopting the 2009 Basalt Community Housing Guidelines.

M/S COUNCILORS WHITSITT AND CAPRON TO CONTINUE ITEM 9C, RESOLUTION
NUMBER 2, SERIES OF 2009, TO APRIL 14, 2009: A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF BASALT, COLORADO, ADOPTING THE 2009 BASALT
COMMUNITY HOUSING GUIDELINES. THE MOTION CARRIED 7-0.

A brief recess was called. Council reconvened their meeting at approximately 8:58 p.m.

10A. P&Z consideration of recommendations to the Town Council concerning adding a
Community Priorities Scoring System to the Town Code.

Susan Philp said this item was to add a community priorities scoring system to the Town Code.
There are 2 objectives: One is to address an important Master Plan goal that we have
development in the Town of Basalt somewhat less than the 4.8 growth experienced in Town
before the adoption of the Master Plan; and Two, that we meet the Town goals and help to
implement the Master Plan.

Alan Richman gave a brief overview of the Community Priorities Scoring System in the form of 4
questions.


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Basalt Town Council – Minutes                                                       March 24, 2009


1) What is the system intended to do?
The most fundamental thing is to insure the land use applications the town reviews are those
which really help the Town achieve it’s adopted priorities as set forth in the 2007 Master Plan.

2) How does it accomplish that purpose?
The proposed regulation sets forth 1 scoring categories that represent the community priorities
we are trying to have applicants respond to. They are organized in 4 basic topic areas:
Affordable/community housing; Community Facilities; Environmental Quality; Several land use
issues. There are 2 scoring periods each year. To get through the review system and enter
into the land use system the application has to receive enough points to get an eligible score.
Projects that do not receive eligible scores can apply again in the subsequent scoring system.

3) What types of projects have to be scored in the system?
New land use applications are either exempt from the scoring system or subject to the scoring
system. Exemptions typically are projects that meet an important community priority such as
community housing, or they are projects that have such minor impacts that they don’t reach the
scoring threshold. Exemptions would include minor commercial or residential projects, small
redevelopment projects, community housing units, public facilities and non-profit facilities,
historic landmark projects and new lodge or hotel units. Nor would the scoring system apply to
projects that have already received land use approvals, or if a project was in the ‘pipeline’ with
sketch plan approval or pending certain approvals. The system applies to are projects that
create 1,000 sf or more of commercial, demolishes and replaces 5 or more units of a multi
family project or in a mobile home park, or that creates more than 3 residential units.

4. How does the scoring process itself work?
Alan Richman directed attention to the flow chart (see Figure 1, Scoring System Review
Process included in the agenda packet) and reviewed it in detail. Table 2, Scoring Categories,
was reviewed in detail. Bill Maron wondered if a higher point level was considered for
annexation. Alan Richman replied that an annexation project probably has a better opportunity
to compete in some of the categories than an in-town project might. There is an added bonus
scoring category to give a boost to in-town projects. Projects can only get to the bonus category
once they have met the eligibility threshold. Bill Maron said the current code set annexations to
a higher standard; and wondered if it should be held to a higher standard with these
amendments as well. Susan Philp suggested perhaps that should be put on the P&Z
recommendation list.

Bernie Grauer read “…new units built on previously approved lots are not subject to the annual
allotment limit but will contribute to the Town’s annual rate of population growth, so they ,must
be accounted for in setting the number of new allotments that will be available on an annual
basis.” Alan Richman explained that it was in two concepts in the regulation: 1) The 55 unit
recommendation equates to 3.5%, below the 4.8% existing growth rate – trying to get the Town
to a lower level of growth. 2) There is language in the document that says if the Town council is
faced with a decision to award excess allotments in the future (to an applicant that comes in
with a 100 unit project), that the Town ought to take into consideration the growth rate that is
exempt from development and previously approved projects. Alan Richman added there is not
a rigorous way to apply that exempt growth to the growth rate, but there are two ways it is
accounted for. Bernie wondered if that would mean Council and P&Z would get annual or
semi-annual reports on the growth rates. Alan Richman said it could certainly be asked for.

Jacque Whitsitt expressed concern with the 3.5% growth rate when she took into consideration
the 500 unbuilt and approved units, and 300 units in the pipeline which could potentially have an


                                                11
Basalt Town Council – Minutes                                                       March 24, 2009


effect on the growth rate of 4.8%. Jacque said she couldn’t personally support the 3.5%
number. Susan Philp clarified there were close to 300 units in the pipeline right now, but the
approved unbuilt is closer to under 300.

Leroy Duroux said he understood the Town only had one building permit for new construction
for all of 2008.

Chris Seldin said he thought the growth rate was important and shared a lot of concerns with
Jacque on that. He wondered if there were concerns on other items, as the growth rate was the
easiest to adjust.

Mayor Duroux opened the public hearing at 9:35 p.m. There were no comments and the public
hearing was closed.

Susan Philp suggested P&Z create a list of topics they wanted to discuss to help formulate their
recommendation for Council.

Lis Conners wanted to talk about the “3 units or more” discrepancies and suggested it be
changed to be consistent with the “4 units or more” that would be required to go through the
system.

Bill Maron worried that the system review process extends the review time significantly and
would be more flexible and user friendly if there were more review periods to keep the pipeline
moving. Alan Richman thought 3 review periods would be feasible; more than that probably
wouldn’t be efficient.

Other topics added to the list:
Growth Rate
Threshold
Scoring Categories
River Master Plan score of 3 points
Points to developers who commitment to break ground within 2 years of approval
Community housing and mitigation units – add replacement housing

Susan Philp walked the group through the list of discussion topics:
General consensus was to make the exemption language consistent throughout– to conform
with the affordable housing regulations as amended; “3 units of a certain size…”

The number of scoring periods per year was discussed. One option suggested by Town
Manager Bill Kane was that if no one submitted by for the first submission deadline, the process
would remain open. Leroy Duroux suggested the steps of the process could be looked at after
these documents are approved and things cool down; Council and staff can look to see how to
make those more efficient. Consensus was to work on the process and not add a third review
period for the time being.

The River Master Plan Scoring Categories, 3 points. It was suggested that these points could
be available to every applicant; if their project is not associated with the river, the applicants
could put funds toward the River Master Plan to make their project more attractive. Consensus
was to move the points up from 3 to 5.




                                                12
Basalt Town Council – Minutes                                                      March 24, 2009


Points to developers who agree to break ground within 2 years of approval (vested rights piece).
Susan Philp suggested that perhaps it didn’t belong in the Community Priorities Scoring
System, but rather the Code Amendments could be made more clear on expectations of vested
rights. Also, that Council would clarify and adhere to vested rights as in the Code or negotiated,
when going through a development review with an applicant. Consensus was to clarify this
language through the Code.

Growth Rate and Allocation: Proposed at 55 units, a 3.5% growth rate. It is less than the
current 4.8% and does not account for exempt or previously approved projects. Jacque Whitsitt
said she was uncomfortable with the growth rate because the ‘cost of growth’ part was not
complete yet. Peter McBride noted that Basalt, at 3,500 people and a growth rate of 4.8%,
 the population would double in 16 years. Lis Conners said everyone constantly talks about
vitality and attracting people here, and it was convoluted to say Basalt was growing too soon or
too fast.

The P&Z motion was to: Modify “the chart” to reflect the affordable housing approach; Retain
the 2 scoring periods and continue to work on the scoring process; Increase the River Master
Plan score form 3 up to 5 points; return to second hearing for additional discussion on the
annual allocation issue.

Bernie Grauer said he was prepared to make this motion with the caveat that Council assure an
evaluation of this process in a year to determine whether it is providing the increased speed and
benefits that it promises.

M/S COMMISSIONERS GRAUER AND WILLIAMS TO APPROVE THE COMMUNITY
PRIORITIES SCORING SYSTEM AS PRESENTED BY STAFF TONIGHT SUBJECT TO THE
DISCUSSION HELD TONIGHT. THE MOTION CARRIED 5-0.

Leroy Duroux wondered if the increase in River Master Plan points would increase the minimum
points requirement for a project to move forward. Alan Richman said he would look at that.


10B. First Reading of Ordinance No. 06, Series of 2009: An Ordinance of the Town
Council of the Town of Basalt Colorado, Approving Amendments to Portions of Chapter
16, Zoning , of the Municipal Code of the Town of Basalt, Colorado, Adding a Community
Priorities Scoring System to the Town Code.

M/S COUNCILORS SELDIN AND MCBRIDE TO APPROVE ORDINANCE NO. 6, SERIES OF
2009 ON FIRST READING, ALONG THE LINES OF THE P&Z RECOMMENDATION; AND TO
SET THE PUBLIC HEARING AND SECOND READING FOR APRIL 14, 2009. THE MOTION
CARRIED 7-0.

M/S COMMISSIONERS WHEELER AND WILLIAMS TO ADJOURN THE P&Z MEETING.
THE MOTION CARRIED 5-0.

P&Z adjourned the meeting at 10:04 p.m.

M/S COUNCILORS SELDIN AND TENNENBAUM TO ENTER EXECUTIVE SESSION AT
10:05 P.M. FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS IN
ACCORDANCE WITH CRS 24-6-402(4)(F); AND TO DISCUSS THE PURCHASE,



                                               13
Basalt Town Council – Minutes                                                       March 24, 2009


ACQUISITION, LEASE, TRANSFER OR SALE OF PROPERTY INTERESTS IN
ACCORDANCE WITH C.R.S. 24-6- 402(4)(A). THE MOTION CARRIED 7-0.

Council entered Executive Session at 10:05 p.m.

M/S COUNCILORS SELDIN AND TENNENBAUM TO ADJOURN THE EXECUTIVE SESSION
AT 10:46 P.M. THE MOTION CARRIED 7-0.

M/S COUNCILORS SELDIN AND MCBRIDE TO RECOMMEND JACQUE WHITSITT BE
APPOINTED TO THE ROARING FORK VALLEY REGIONAL PLANNING COMMISSION AS
THE TOWN OF BASALT REPRESENTATIVE. THE MOTION CARRIED 6-0-1 WITH JACQUE
WHITSITT ABSTAINING.

Chris Seldin asked that applicant Matt Flink be sent a letter thanking him for his interest and
application for the RFVPC vacancy.

M/S COUNCILORS SELDIN AND WHITSITT THAT THE BASALT COUNCIL AGREES WITH
THE COMMENTS PREVIOUSLY PROVIDED IN REGARD TO WILLITS BEND, AND HOPE
EAGLE COUNTY WON’T APPROVE THE AMENDMENTS BEING REQUESTED. THE
MOTION CARRIED 7-0.

M/S COUNCILORS SELDIN AND TENNEBAUM TO ADJOURN THE MEETING. THE
MOTION CARRIED 7-0.

The Council Meeting adjourned at 10:50 p.m.


The minutes of the March 24, 2009 meeting were read and approved this 28th day of April,
2009.


TOWN OF BASALT                                       ATTEST:



By:______________________________                    _____________________________
   Mayor Leroy Duroux                                Pamela K. Schilling, Town Clerk




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