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11-18-02 Town Council MinutesSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES NOVEMBER 18, 2002 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, November 18, 2002, at 2:07 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: PUBLIC PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue and Arnold Mordkin Newly instated Council Member Bill Boineau took his seat at the Council table for new business. Robert Purvis Mike Segrest, Town Manager; Carey Shanks, Assistant to the Town Manager; Hunt Walker, Public Works Director; Chris Conrad, Senior Planner; Marianne Rakowski, Finance Director; David Peckler, Transportation Director; and Trudi Worline, Town Clerk Larry Ladin, Mary Beth Bassett, Chris Nolan, Paul Shepherd, Deidre Boineau, Jack Hatfield, Nancy Stevens, Madeleine Osberger, Brent Gardner Smith, Doug Mackenzie and other members of the public interested in Agenda items for this Meeting. Item No. 2: PUBLIC COMMENT AND SECOND READING ORDINANCE NO. 8, SERIES OF 2002 TO RECEIVE PUBLIC COMMENT AND SECOND READING CONSIDERATION ON AN ORDINANCE AMENDING THE 2002 BUDGET FOR ALL FUNDS FOR THE TOWN OF SNOWMASS VILLAGE. The Finance Director explained that this Ordinance adopts and appropriates Town funds for the year 2002. Mordkin made a motion to approve Second Reading of Ordinance No. 08, Series of 2002, seconded by Mercatoris. There being no comments from the public and no discussion, a roll call vote was taken 11- 18 -02tc Page 2 of 9 and the Ordinance was approved by a vote of 4 in favor to 0 opposed. Council Member Purvis was absent. Item No. 3: PUBLIC COMMENT AND ACTION RESOLUTION NO. 60, SERIES OF 2002 TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF SNOWMASS VILLAGE, COLORADO FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2003 AND ENDING ON THE LAST DAY OF DECEMBER, 2003. The Finance Director explained that this Resolution adopts the Town of Snowmass Village 2003 Budget for all funds for the year 2003. Mercatoris made a motion to approve Resolution No. 60, Series of 2002, seconded by Virtue. Segrest stated that this Budget includes an increase in the AT &T Cable Franchise fee from 3- percent to 5- percent. In response to an inquiry made by Jack Hatfield, the Town Manager explained that this increases the fee to be consistent with the Franchise Agreement and with other cities and towns in the area, as well as to enhance the Town's revenue base. Hatfield stated his concern that the fee increase would be passed on to the customers. There being no further comment from the public and no discussion, the Resolution was approved by a vote of 4 in favor to 0 opposed. Council Member Purvis was absent. Item No. 4: PUBLIC COMMENT AND ACTION RESOLUTION NO. 61, SERIES OF 2002 TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSE AS SET FORTH BELOW, FOR THE TOWN OF SNOWMASS VILLAGE, COLORADO FOR THE 2003 BUDGET YEAR. Mordkin made a motion to approve Resolution No. 61, Series of 2002, seconded by Virtue. The Finance Director explained that this Resolution allows the Town to spend the funds approved in Resolution No. 60, Series of 2002. There being no comments from the public and no discussion, the motion was approved by a vote of 4 in favor to 0 opposed. Council Member Purvis was absent. Item No. 5: OATHS OF OFFICE NEW COUNCIL MEMBERS The Town Clerk administered Oaths of Office to Mayor T. Michael Manchester, re- elected as Mayor for a 2 -year term; Council Member Douglas Mercatoris, re- elected Council Member for a 4 -year term; and to Bill Boineau, newly elected 11- 18 -02tc Page 3 of 9 Council Member for a 4 -year term. All received the highest number of votes for their offices at the November 5, 2002 Snowmass Village Regular Election. All three were issued Certificates of Election. Boineau took a seat at the Council table. Item No. 6: ELECT MAYOR PRO -TEM Virtue made a motion to nominated Douglas Mercatoris as Mayor Pro -Tem. Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 7: MULTI -USE PERFORMANCE SPACE OUTLINE PLAN Lawrence Ladin and Chris Nolan were present, representing the Performance Center Committee, a Committee of the Snowmass Village Arts Advisory Board. Ladin explained that destination resorts are greatly benefited by cultural and entertainment activities, adding a uniqueness to the area. Including the activities as a part of Aspen Skiing Company's (ASC) promotional skiing package would assist in the promotion of the resort. He provided examples of other ski resorts that have seen positive results from the addition of cultural entertainment to their skiing packages. He proposed a prominant, adequate space, easy access and a publicized telephone number for guests and residents that when called, would list all of the events being held in Town. He suggested construction of such a facility in an area such as the Rodeo Lot and proposed that this facility become a part of the Base Village development as a benefit to the community. He requested that Council endorse the request and establish a formal committee to investigate the proposal and employ a person with expertise in arts center planning, preferably in the performing arts. Nolan provided information regarding the recent boom in cultural tourism, stating that with the recent shift in visitor vacation planning, cultural entertainment has become a destination in itself. She stated that provision of a wide range of entertainment has become a drawing card for ski resort visitors. She provided information regarding cultural tourism, the recent turn toward attendance at cultural events throughout the nation and the increase in Aspen's sales tax revenue during the cultural months of June through August. After further discussion, Council requested that staff investigate costs related to employment of an experienced performance space planner, programming and an estimate of ongoing maintenance and operational costs to determine if this type of event center would contribute to the viability of the resort in a meaningful way. Council also requested that the Town Manager share his performing arts center experience with Council at the December 3, 2002 Council Meeting, and directed staff to work with the Committee during the process to determine possible locations and gather information from resorts with experience in this area. Paul Shephard of Intrawest stated that he has discussed this suggestion with Jazz 11- 18 -02tc Page 4 of 9 Aspen as a part of the Base Village development and will continue to consider the idea. Item No. 8: DISCUSSION GRANTS AND DONATIONS Segrest explained that during the budget process, Council requested that the Grants Review Board be provided with Council's philosophy and direction regarding grant funding. He referred to a draft "Contract Services Policy" and suggested the contract services approach, whereby grantees provide a public benefit service to the Town for funding. Chairman of the Grants Review Committee Mary Beth Bassett requested that Council specify an amount of money and provide their philosophy as a guide to the Committee for distribution of funds. After further discussion, Council approved the draft policy on a trial basis. After completion of the grants process, if the Committee has identified problems with the policy, they could return to discuss the issues with Council for further clarification and revisions. Item No. 9: INTERVIEW NANCY STEVENS AND LOIS UPPER TO FILL TWO VACANCIES ON THE ARTS ADVISORY BOARD Council interviewed Nancy Stevens, applicant for a seat on the Snowmass Village Arts Advisory Board. In response to an inquiry made by Mordkin, Mayor Manchester stated that there is no residency requirement for board members who serve on advisory boards. Lois Upper was not present at the Meeting due to a prior commitment. NOTE: Council determined that Resolution No. 66 would be heard at this time. Item No. 14: RESOLUTION NO. 66, SERIES OF 2002 CONSIDERATION OF A RESOLUTION APPOINTING NANCY STEVENS AND LOIS UPPER TO THE TOWN OF SNOWMASS VILLAGE ARTS ADVISORY BOARD Mercatoris made a motion to approve Resolution No. 66, appointing Nancy Stevens and Lois Upper as members on the Arts Advisory Board. Virtue seconded the motion. There being no further discussion, the motion was approved by a vote of 5 in favor to 0 opposed. Item No. 10: PUBLIC NON AGENDA ITEMS Town Department Reorganization Jack Hatfield stated his appreciation for the recent department staffing reorganization made by the Town. 11- 18 -02tc Page 5 of 9 ASC Exclusive Ski Rental Supplier Jack Hatfield referred to the November 28, 2002 Town Council Meeting where Bill Tomcich of SAS and Bill Kane of the Aspen Skiing Company appeared before Council to clarify an issue related to comments made by Mordkin at the October 7, 2002 Council Meeting. The comments were addressed to SAS' selection of an exclusive ski rental supplier for the 2002 -2003 Winter ski season. Hatfield stated that he felt Mordkin would be capable of making a fair, objective and unbiased review of future applications proposed by the Aspen Skiing Company. Daly Townhomes Closing In response to an inquiry made by Hatfield, Segrest explained that new owners of Daly Townhome units are not able to occupy the units until all documents necessary for closing are completed. Item No. 11: PUBLIC HEARING AND ACTION RESOLUTION NO. 57, SERIES OF 2002 TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A RESOLUTION APPROVING AN ANNUAL TEMPORARY USE PERMIT FOR THE GREAT FRASER FIR COMPANY TO ALLOW CHRISTMAS TREE SALES AT THE TOWN RODEO PARKING LOT. Mordkin made a motion to approve Resolution No. 57, Series of 2002, seconded by Virtue. Mayor Manchester opened the Public Hearing at 3:36 p.m. Senior Planner Chris Conrad stated that all submittal and public notification requirements have been met by the applicant. He explained that this concerns a renewal of an Annual Temporary Use Permit for Christmas tree sales at the Rodeo parking lot. Conrad explained that this application was brought to Council because of concerns received by staff last year from the Horse Ranch Homeowners Association. He stated that Exhibits "B" and "C" could be eliminated as a part of this Resolution, and maintained in Planning Department files. Mordkin made a motion to delete Exhibits "B" and "C" from the Resolution, seconded by Virtue. The motion to amend was approved by a vote of 5 in favor to 0 opposed. The Resolution was approved as amended, by a vote of 5 in favor to 0 opposed. Manchester closed the Public Hearing at 3:41 p.m. Council directed the Town Manager to assess a fee to those who utilize Town property for financial gain, and donate the fee to a specified charity. Item No. 12: PUBLIC HEARING AND ACTION RESOLUTION NO. 62, SERIES OF 2002 TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A RESOLUTION ON AN APPLICATION BY INTRAWEST RESORTS INC. FOR AN ANNUAL TEMPORARY USE PERMIT TO ALLOW A DISCOVERY CENTER AT THE BASE OF FANNY HILL 11- 18 -02tc Page 6 of 9 Mayor Manchester opened the Public Hearing at 3:42 p.m. Senior Planner Chris Conrad stated that all submittal and public notification requirements have been met by the applicant. He stated that this is a new application for an Annual Temporary Use Permit to operate a Discovery Center at the base of Fanny Hill. He also stated that Exhibit "D" could be eliminated and maintained in the files of the Planning Department. Mercatoris made a motion to approve Resolution No. 62, Series of 2002, seconded by Virtue. Paul Shephard of Intrawest explained that the temporary trailer includes a 450 square foot deck and would be used for marketing Aspen Skiing Company and Intrawest real estate. Council stated concerns regarding the location of the temporary structure, use of the facility for sales purposes and approval before Council has approved the Base Village application. After further discussion, Council directed staff to revise the Resolution by amending the language to be specific regarding use of the trailer. Boineau made a motion to table the Resolution to the November 25, 2002 Regular Town Council Meeting scheduled to begin at 2:00 p.m. Mordkin seconded the motion. The motion to table was approved by a vote of 5 in favor to 0 opposed. At 4:06 p.m. Mayor Manchester stated that this Public Hearing would be continued to the November 25, 2002 Regular Council Meeting at 4:00 p.m. Item No. 13: PUBLIC HEARING AND ACTION RESOLUTION NO. 65, SERIES OF 2002 TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A RESOLUTION ON AN APPLICATION BY THE ASPEN SKIING COMPANY FOR AN ANNUAL TEMPORARY USE PERMIT TO ALLOW A TUBING FACILITY WITH SURFACE LIFT WITHIN A PORTION OF ASSAY HILL THAT IS UPHILL OF LOT B AND ADJACENT TO WOOD ROAD. Mayor Manchester opened the Public Hearing at 4:07 p.m. Conrad stated that this is the third year of operation for the tubing facility, and is being brought before Council due to complaints received from adjacent homeowners during last season's operation. Mercatoris made a motion to approve Resolution No. 65, Series of 2002, seconded by Boineau. Doug Mackenzie of the Aspen Skiing Company stated that he would take extra measures to deter skiers from crossing through the facility. He advised Council that the ASC might be submitting an application for a relocation of the facility in the near future. There being no comments from the public, Manchester closed the Public Hearing at 4:11 p.m. Boineau made a motion to amend the Resolution by elimination of Exhibit "D seconded by Mordkin. The motion to amend was approved by a vote of 5 in favor to 0 opposed. There being no further discussion, the Resolution was approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 15: MANAGER'S REPORT Federal Transportation Administration Funding Source 11- 18 -02tc Page 7 of 9 Town Manager Mike Segrest reported that the Town is discontinuing its effort to be involved in a Federal Transportation Administration process and will not make application or receive funds, although would continue to stay in the loop in case it is identified as a viable source of potentially long -term funding for the Town in the future. Port-A -Potti Relocation \Replacement Segrest stated that the Aspen Skiing Company has agreed to replace and upgrade the portable toilets at the Rodeo Lot with self- contained units. Also, the portable toilets previously located at the entryway booths will be relocated to a more discrete area. Council Representation Council requested a discussion regarding Council representation on various boards and committees related to their offices would be discussed during the Council Retreat scheduled for December 3, 2002. EOTC Meeting Segrest stated that the next Elected Officials Transportation Committee Meeting is scheduled for Thursday, November 21, 2002 at 4:00 p.m. The Agenda will include a discussion regarding funding bus service from the Aspen Airport into Aspen. Boineau stated that he would be attending a Tramway meeting in Denver on November 21. Council discussed the funding issue and requested a discussion at a meeting in the near future regarding overall parking, including parking for large events, the amount of funds being collected from each of the entities and how they are distributed, and that Council receive notice of meetings at least a week in advance. After further discussion, Council directed staff to contact the EOTC representative and request that the meeting time be rescheduled to earlier in the day or if this is not possible, to reschedule to a date in December. Snowmass Sun Mis -print Segrest stated that the Snowmass Sun has acknowledged a misprint regarding a recent article reporting on the elimination of the Community Development Director position during a recent reorganization. Osberger stated that although she maintains her view that the Community Development Director was fired, she would acknowledge Segrest's position in the next edition of the Snowmass Sun. December, 2002 Council Meetings Council requested that Regular Council Meetings be held on December 9 and 16, 2002. Staff will post a cancellation notice for the December 2, 2002 Regular Council Meeting date. Item No. 16: APPROVAL OF MEETING MINUTES FOR 09- 09 -02, 09- 23 -02, 10- 02 -02, 10 -09 -02 AND 10 -28 -02 11- 18 -02tc Page 8 of 9 Mercatoris made a motion to approve the Minutes as listed. Virtue seconded the motion. Mordkin requested correction of a typographical error on Page 5 of the September 9, 2002 Meeting Minutes under Land Donations, third sentence, changing the work "is" to "in There being no further additions or corrections, the Minutes were approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 17: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /CALENDARS Purvis Appreciation Mercatoris requested that staff provide outgoing Council Member Robert Purvis with a formal recognition of appreciation for his service on the Council. Daly Townhomes Closings Mercatoris requested completion of all documents necessary for closing of Daly Townhomes sales as early as possible to avoid the need for new owners to close and move during the Christmas holidays. SRA Website Mercatoris requested that staff investigate the possibility of the Town acquiring the Snowmass Resort Association Website for incorporation into the Town's Website for the purpose of marketing and special events. Business Links on Town Website Boineau questioned why the Town does not allow Snowmass Village businesses to have a link on the Town's Website. Segrest stated that he had no knowledge of such a request and would further investigate the issue. Daly Townhomes Closing Costs In response to an inquiry made by Boineau, Segrest stated that the Town has substantially subsidized the Daly Townhomes Employee Housing units. If the Town were to choose to pay Closing costs, it would cost the Town an additional $10,000 to $15,000. He stated that the resale prices on the units have been finalized and contracts have been signed. Snowmelt Road Malfunction In response to an inquiry from Mordkin, The Public Works Director reported that a design problem has been identified in the snowmelting aspect of the newly resurfaced section of Snowmelt Road. He explained that the contractor is schedule to examine the problem on November 22, 2002. Welcome Back Mordkin welcomed newly elected Town Council Member Bill Boineau. He also welcomed Council Member Virtue, already back on duty following his recent surgery. 11- 18 -02tc Page 9 of 9 Marketing and Special Events Board Mayor Manchester encouraged Snowmass Village residents to apply or submit nominations for the Marketing and Special Events Board. He stated that the deadline is set for November 20, 2002. In response to a suggestion made by Mercatoris, Council requested that the deadline for nominations and applications be extended through Friday, November 22, 2002. Town Website Embellishment Mayor Manchester stated that although 70- percent of Snowmass Village guests research the Town's Web Page before they arrive, he feels the experience is minimal. He suggested we incorporate portions of SRA's Website into the Town's Website to assist with the marketing function transition from SRA to the Town. He requested that staff develop an all- encompassing Town Website to include information and links to local restaurants, businesses and trails. All Council Members agreed. Purvis Appreciation Manchester stated that an appreciation ceremony would be held for outgoing Council Member Bob Purvis on Monday, November 25, 2002, following the Regular Town Council Meeting. Mayor \Council Member Meetings Mayor Manchester requested individual meetings with each Council Member within the next 10 -days, to discuss priorities and plans for the next two years. Item No. 18: ADJOURNMENT There being no further business, Virtue made a motion to adjourn the Meeting, seconded by Mercatoris. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 5:00 p.m. This set of Minutes was approved at the December 9, 2002 Regular Town Council Meeting. Submitted By, Trudi Worline, Town Clerk