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11-07-16 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES NOVEMBER 7,2016 1.4:00 P.M.CALL TO ORDER AND ROLL CALL Mayor Butler called to order the Regular Meeting of the Snowmass Village Town Council on Monday, November 7,2016 at 4:04 p.m. A complete live recording and/or audio of this meeting can be found at www.tosv.com under Town Council Meetings.This will be archived indefinitely allowing you to view at any time. COUNCIL MEMBERS PRESENT: Markey Butler,Bob Sirkus,Alyssa Shenk,Bill Madsen,and Tom Goode. COUNCIL MEMBERS ABSENT: All council members were present. STAFF PRESENT: Clint Kinney,Town Manager;John Dresser,Town Attorney;Marianne Rakowski,Finance Director; Brian Olson,Chief of Police; David Peckler,Transit Director;Travis Elliott,Assistant to the Town Manager;Rhonda B.Coxon,Town Clerk PUBLIC PRESENT: Wolf Gensch, Nancy Gensch,Emzy Veazy III, Katherine Bell,Hannah Thompson,Nancy Wilhelm, Dave Durrance,Tom Sherwood,Jerry Butler,Bill Boineau and other members of the public interested in today's agenda items. 2. PROCLAMATIONS AND PRESENTATIONS A. Sister Cities Presentation --Nancy Gensch Nancy Gensch a long time local of Snowmass Village and a member of the Sister Cities Program provided Town Council with a presentation about the Sister Cities Program which just celebrated its 50th Anniversary. This program does student exchanges for eight to fifteen kids from Aspen School District that go to various cities and then the children from the visiting countries come and stay with the students in the Snowmass and Aspen area. Recently a group of adults went to visit all the Sister Cities to celebrate the 50th Anniversary. The group provided a five-minute video of the adults on 11-07-16 TC Minutes Page 2 of 7 their recent trip. Gensch would like to see a representative from the Snowmass Village Town Council on the Sister Cities Board if Council is interested. At this time, she showed a short video of the trip to Garmish this year. 3. PUBLIC COMMENT This section is set aside for the Town Council to LISTEN to comments by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. Emzy Veazy III resident of the Roaring Fork Valley spoke to the Mardi Gras Parade and can be taken care of. He also spoke to market Denver fashion designers to the females in Snowmass Village, and the Hot Air Balloons and the protocol of take off as this is very dangerous. 4. CONSENT AGENDA These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. A. DRAFT AGENDAS AND WORK SESSION TOPICS B. APPROVAL OF MINUTES FOR: 1) October 10, 2016 — Special Meeting C. RESOLUTION NO. 36, SERIES OF 2016 — A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT TO COMPLETELY RESOLVE THE LITIGATION BROUGHT AGAINST THE TOWN OF SNOWMASS VILLAGE AND SNOWMASS ACQUISITION COMPANY BY RICHARD GOODWIN --John Dresser, Town Attorney Bob Sirkus made the motion to approve those items listed on today's consent agenda. Tom Goode seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Markey Butler, Bob Sirkus, Alyssa Shenk, Bill Madsen, and Tom Goode. Voting Nay: None. 11-07-16 TC Minutes Page 3 of 7 Council Member Sirkus informed the Town Clerk he would not attend the December 12, 2016 Town Council Meeting. He also asked that the Snowmass Discovery MOU be put on a future agenda preferably sooner than later. 5. PUBLIC HEARINGS QUASI-JUDICIAL HEARINGS Public Hearings are the formal opportunity for the Town Council to LISTEN to the public regarding the issue at hand. For land use hearings, the Council is required to act in a quasi-judicial capacity. When acting as a quasi-judicial body, the Council is acting in much the same capacity as a judge would act in a court of law. Under these circumstances, the judicial or quasi-judicial must limit its consideration to matters which are placed into evidence and are part of the public record. The Council must base their decision on the law and the evidence presented at the hearing. No Hearing Scheduled 6. POLICY/LEGISLATIVE PUBLIC HEARINGS No Hearings Scheduled 7. ADMINISTRATIVE REPORTS A. FIRST READING - ORDINANCE NO. 7, SERIES OF 2016 — FIRST READING OF AN ORDINANCE AMENDING ARTICLE II — PARKING REGULATIONS OF CHAPTER 8 — VEHICLES AND TRAFFIC OF THE SNOWMASS VILLAGE MUNICIPAL CODE -- David Peckler, Transit Director and Brian Olson, Chief of Police Brian Olson, Chief of Police and David Peckler, Transit Director introduced Ordinance No. 7, Series of 2016 and stated that Chapter 8, Article II, of the Municipal Code pertains to Parking Regulations. They noted that with the implementation of the town's new digital parking permit and enforcement software program an update to the Code's language was needed. This is the first reading of the Ordinance and staff has included a redline copy for the Town Council's review. Bill Madsen made the motion to approve First Reading of Ordinance No. 07, Series of 2016, Amending Article II - Parking regulations of Chapter 8- Vehicles and Traffic of the Snowmass Village Municipal Code. Alyssa Shenk seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Markey Butler, Bob Sirkus, Alyssa Shenk, Bill Madsen, and Tom Goode. Voting Nay: None. B. EMERGENCY ORDINANCE NO. 6, SERIES OF 2016 — AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, APPROVING AND DIRECTING THE EXECUTION AND 11-07-16 TC Minutes Page 4 of 7 DELIVERY BY THE TOWN OF A GROUND LEASE AGREEMENT TO BE ENTERED INTO BETWEEN THE TOWN AS LESSOR AND THE CORPORATION AS LESSEE, A LEASE PURCHASE AND SUBLEASE AGREEMENT TO BE ENTERED INTO BETWEEN THE CORPORATION AS LESSOR AND THE TOWN AS LESSEE, AND OTHER DOCUMENTS INCIDENTAL THERETO, ALL FOR THE PURPOSE OF REFINANCING A PORTION OF THE COST OF CONSTRUCTING AND EQUIPPING THE TOWN HALL; AND THE EXECUTION AND DELIVERY BY THE CORPORATION OF A MORTGAGE AND INDENTURE OF TRUST, PURSUANT TO WHICH CERTAIN CERTIFICATES OF PARTICIPATION SERIES 2016 ARE TO BE ISSUED AND OTHER DOCUMENTS INCIDENTAL THERETO; APPROVING THE EXECUTION AND DISTRIBUTION OF A RELATED OFFICIAL STATEMENT; AND AUTHORIZING AND APPROVING THE TAKING OF ALL OTHER ACTIONS NECESSARY OR APPROPRIATE FOR THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS ORDINANCE; AND DECLARING AN EMERGENCY. --John Dresser, Town Attorney John Dresser, Town Attorney and Marianne Rakowski, Finance Director presented this item and stated the purpose of this Ordinance is to authorize the refinancing of the Town's Certificates of Participation issued in 2006 to fund Town Hall. These certificates were not callable until 2016 and due to the availability of the current lower interest rates, the Town is choosing to refinance these certificates to reduce the Towns annual payments. The original certificates were issued in 2006 for a 20-year period at a rate of approximately 4.174%. By refinancing these certificates the rate will roughly be 1.91% depending on rate at the time of the sale. Refinancing does not extend the original payoff period. The certificates will still mature in 2026. Dresser noted that this is an emergency ordinance and as such require an affirmative vote of at least three (3) Council Members and as an emergency ordinance there is only one reading and upon passage of the Ordinance it becomes effective immediately, allowing the underwriter to get the certificates to market as soon as possible in order to secure the best possible rates for the certificates. Tom Goode made the motion to approve Emergency Ordinance No. 06, Series of 2016, refinancing of the Town's Certificates of Participation issued in 2006 to fund Town Hall by a roll call vote. Bob Sirkus seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Markey Butler, Bob Sirkus, Alyssa Shenk, Bill Madsen, and Tom Goode. Voting Nay: None. C. Discussion Regarding Grant Criteria --Rhonda B. Coxon, Town Clerk 11-07-16 TC Minutes Page 5 of 7 Rhonda Coxon, Town Clerk stated that during the budget discussion for the 2017 budget Town Council approved an increase from $75,000 in 2016 to $100,000 in 2017. During the 2016 budget discussion on October 19th the Town Council approved the Grant Criteria listed below: "Health and Human agencies that provide a continuum of health care services including prevention, intervention, treatment, education and outreach programs, regardless of the clients ability to pay and community non-profit organizations that address community problems and enrich the quality of life in Snowmass Village" The Executive Director of Anderson Ranch, Nancy Wilhelm and some of her staff were in attendance to ask that Town Council consider revising the criteria to include the arts. Council Member Shenk change the language above to "address community problems and or enrich the quality of life for residents of Snowmass Village". This language would allow agencies that have programs that would enrich the quality of life for residents of Snowmass Village. The consensus of Town Council was to change the language proposed by Council Member Shenk for the upcoming Grant process. Council Member Sirkus asked for quantitative outcomes. 8. TOWN COUNCIL REPORTS AND ACTIONS A. REPORTS/UPDATES Mayor Butler noted that anyone interested in the Election results will be gathering at Slopeside Lanes Bowling Alley in Snowmass Village to watch for Election Results. Council Member Goode attended a C.O.R.E. meeting and provided an update. He also discussed the emails sent regarding the use of mag chloride for the new roundabout. Council Member Sirkus spoke to the discussion on the October 17, meeting he feels this discussion should be clarified at the next Regular Meeting of the Snowmass Village Town Council regarding the Snowmass Discovery. He also spoke to the kidney shaped ice rink and the safety issues related to this shape. Council Member Madsen commented on the new roundabout and how great it is working, he asked that staff look at moving the button for the crosswalk for easier access for pedestrians creating safer conditions. 9. EXECUTIVE SESSION At 5:50 p.m. 11-07-16 TC Minutes Page 6 of 7 Alyssa Shenk made the motion to enter closed session Tom Goode seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Markey Butler, Bob Sirkus, Alyssa Shenk, Bill Madsen, and Tom Goode. Voting Nay: None. Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically discuss one item: a) Personnel matters, except if the employee who is the subject of the session has requested an open meeting, pursuant to C.R.S. 24-6-402(4)(f)(I) and Snowmass Village Municipal Code Section 2-45(c)(6); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering item (a) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. At 6:18 p.m. Markey Butler made the motion to approve reconvening to the Regular Meeting of the Snowmass Village Town Council on Monday, November 7, 2016. Alyssa Shenk seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Markey Butler, Bob Sirkus, Alyssa Shenk, Bill Madsen, and Tom Goode. Voting Nay: None. 10. ADJOURNMENT At 6:19 p.m. Bob Sirkus made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, November 07, 2016. Tom Goode seconded the motion. Voting Aye: Markey Butler, Bob Sirkus, Alyssa Shenk, Bill Madsen, and Tom Goode. Voting Nay: None. This set of minutes was approved by the Snowmass Village Town Council at their Regular Meeting on Monday, July 3, 2017. 11-07-16 TC Minutes Page 7 of 7 Sy. By, 4/Ati Rhonda B. Coxon, CMC Town Clerk