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07-05-11 Town Council Minutes SNOWMASS VILLAGE REGULAR MEETING MINUTES TUESDAY, JULY 5, 2011 CALL TO ORDER AT 4:00 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Tuesday, July 5th, 2011 at 4:05 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. COUNCIL MEMBERS ABSENT: All council members were present. STAFF PRESENT: Russ Forrest, Town Manager, Hunt Walker, Public Works Director; John Dresser, Town Attorney; Joe Coffey, Housing Director; Rhonda B. Coxon, Town Clerk, Marianne Rakowski, Finance Director. PUBLIC PRESENT: Laura Hausch, Norbert Hausch, Greg Smith, Ann Smith, Bill Clark, Bruce Etkin, Jim Harris, Mary Ann Harris, Dale Rands, Jack Kennedy, Rick Carr, Robin Schiller other members of the public interested in items on today's agenda. Item No. 2 PUBLIC NON AGENDA ITEMS Mayor Boineau introduced Vaughn Schaffer a local artist and blacksmith in the Valley that has a vision and would like to create a mastodon out of metal. He has been talking to Dr. Kirk Johnson and visiting the DMNS. He replicates bones out of metal and wanted to share his idea. He thinks it would look good at the intercept lot or at the round about. Council would be interested in sending Vaughn Schaffer to the Tusk Force and meeting with them. Russ Forrest stated that there was also an article in the New York Times today about Snowmass Village and the dig! Lois Upper, a Snowmass Village Resident, asked that Council review the housing policy regarding applicants for employee housing work at least 8 consecutive months of employment in Snowmass Village. She provided an email that was sent to the Town Council Members and also some bullet points with suggestions in widening the parameters to the existing formula of eligibility. Mayor Boineau would like this to be brought to the attention of the Housing Committee when they reconvene again, the guidelines have been reviewed recently and will not be looked at again until Council directs it. 07 -05 -11 Minutes Page 2 of 11 Item No. 3 COUNCIL UPDATES Mayor Boineau stated that last Wednesday, Clay Owen an employee of the Snowmass Village Police Department, lost his battle with cancer and passed away. There was a moment of silence in his honor. Mayor Boineau also noted that Madeleine Osberger will be leaving the Snowmass Sun after many years of being the editor. He presented her with a token of the Town's appreciation. Council Member Wilkinson thanked the Snowmass Tourism Office for bringing in EMU over the Fourth of July weekend. He noted there were a lot of people on the Mall and good music. He also noted the Free Concert Series has started each Thursday night on Fanny Hill come listen to free music. Mayor Boineau also noted that July 9th and 10th is the Wild West Show. Item No. 4 CONSIDERATION OF A REQUEST BY ASPEN COUNTRY DAY SCHOOL TO THE TOWN OF SNOWMASS VILLAGE SEEKING TOWN CONSENT, AS LANDOWNER OF THE REAL PROPERTY KNOWN AS PARCEL F, HORSE RANCH PUD, TO INCLUDE THE PROPERTY IN A LAND USE APPLICATION Town Attorney John Dresser noted the purpose of this meeting is to approve or deny a request by Aspen Country Day School "ACDS to consent to the inclusion of Parcel F, Horse Ranch PUD in a land use application pursuant to Snowmass Village Municipal Code Chapter 16A to construct a school. ACDS is contemplating re- locating the current campus from the Castle Creek valley and would like to explore the concept of using Parcel F for the new campus. In reviewing their programmatic need for a previously considered campus site, ACDS identified a range of floor area required as approximately 50,000 to 70,000 square feet. Parcel F is approximately 14 acres. He noted that Parcel F was dedicated to TOSV as part of the development of Horse Ranch. It is zoned "PUB" Public and pursuant to the Horse Ranch PUD Land Use Plan had permitted use by right "Public facilities to be defined by special review use approval the site has been informally referred to as the "school site" since the review of the Horse Ranch PUD proposal. Dresser stated that Council as the landowner can consent to the submission of an application and this is all ACDS is requesting at this point. He also noted that such consent is not an agreement to convey the land to ACDS and does not bind the Town of Snowmass Village. Town Clerk Rhonda Coxon stated that she has entered some letters into the record that were received prior to the Town Council Meeting and she also distributed them to the Council Members, Town Manager and Town Attorney. At this time Tom Newland the Owners Representative for Aspen Country Day School introduced Glenn Horn the Planner for the project and Carolyn Hines who is the Director 07 -05 -11 Minutes Page 3 of 11 of Advancement and Communication for the school. At this time Ms. Hines provided some background information on the school and reviewed the schools mission statement and she also noted that the school is a 501 C3 not for profit organization. Hines provided information regarding the shared campus and the desire for summer programs and a permanent home. Glenn Horn the Planner for the Aspen Country Day School presented the request to Council to use Parcel F in a land use application and provide Town Council with a Pre Sketch application under a Special Review applicant to see if the school would be an appropriate use for this piece of land. At this time Mayor Boineau asked for comments from the Council in regards to this request. Council Member Kucker provided comments first, he stated that Parcel F is not open space but undeveloped land, he stated the Town of Snowmass Village has spent 7 million dollars on open space and he finds the request to be quite unusual and he is not in favor of it and will vote against it. Council Member Wilkinson inquired about the name "school site" and about the Aspen School District having any interest in the site. Wilkinson does not have a problem with this Parcel F being used in the Sketch Plan process. Council Member Butler asked some historical questions of Hines in regards to the land. Butler stated she would like to hear comments from the Public before making any decisions. Council Member Haber also requested to hear comments from the Public before making any decisions. Greg Smith resident of Snowmass Village on Oak Ridge road spoke to visual impacts, view corridor, elk migration and language within the Comprehensive Plan. He stated this parcel is important open space and is not the proper location for a public or private school and her encourages a no vote by the Council. Rick Griffin, a resident of Snowmass Village and member of the Financial Advisory Board and the Housing Board but representing the Snowmass Homeowner Association as President, read a letter from the Snowmass Homeowners Association and encouraged Council to vote no on the proposal for a school site on Parcel F. Dale Rands, President of the Horse Ranch Homeowner Association, stated his disagreement with the statements of Council Member Kucker but does not agree with the statements made by Mayor Boineau. His board is encouraging a no vote for Parcel F being used for a school. Billy Garaffa a home owner at the Rodeo Place employee housing, feels a school makes a tight knit community and he is in favor of it. He feels Council should at least look at the proposal and seriously consider what this school can do for this community. Paul Benton a resident and homeowner in Melton Ranch stated he is an enthusiastic supporter of this school and site. Snowmass Village needs public amenities to keep people in Snowmass Village and we should at least look at the project. 07 -05 -11 Minutes Page 4 of 11 Jim Rohman, a homeowner in Horse Ranch, stated we keep talking about the benefits this brings to the community but we don't about the traffic that will come with it. He noted maybe they should move the school to Base Village. George Falk, a homeowner in Snowmass Village, thanked the presenters from the Country Day for identifying the obstacles and challenges this Parcel has in order to be developed. He felt that with all the land in the County and other Towns why are the applicants concentrating on this pristine piece of land. Norbert Hausch owns a home in Snowmass Village off of Horse Ranch drive and spends two weeks a year in Snowmass Village. This is zoned open space and should stay open space. He also reminded everyone of the bylaws put in place to protect the open space of Parcel F. Alex Boyer, an owner of a house in Horse Ranch, urged Town Council to vote against this proposal. At this time Council commented: Council Member Haber stated he does not see how this site would work for this particular project. He encourages Country Day to continue looking but he does not feel this is appropriate for this site. Council Member Wilkinson read from the Comprehensive Plan and he feels the school would add to our growth as a community and would be in favor of looking at this proposal and continuing with the process. Council Member Butler stated that she the concept of the Aspen Country Day but trying to weigh the preservation of this particular piece of property at this time. Mayor Boineau is in agreement of taking the next step in the application process. Mayor Bill Boineau made the motion to approve the request by Aspen County Day seeking the Town's consent as landowner of Parcel F, to include in a land use application. John Wilkinson seconded the motion. The Motion failed by a vote of 2 in favor to 3 opposed. Voting Aye: Mayor Bill Boineau, and John Wilkinson. Voting Nay: Markey Butler, Fred Kucker, and Jason Haber. Town Council took break at this time. Item No. 5 FINANCIAL UPDATE 07 -05 -11 Minutes Page 5 of 11 Town Manager Russ Forrest noted this is the financial update that was scheduled for the June 6, 2011 and continued to this meeting. Finance Director Marianne Rakowski will be reviewing the 2011 revised budget numbers and attached are the updated 2011 revised numbers for the General Fund, RETT, Fund and the Excise Tax Fund. Rakowski is also asking for direction from Council on the following items General Fund Volunteer Program Ice Age Consultant Extension Police Officer expense equipment Merit Pool RETT Fund RETT Revenues Summer Mountain Maintenance Open Space- Trail/Wildlife Study Rakowski reviewed each fund with the Town Council the General Fund At the 3/21/11 meeting, the General Fund showed an additional $668,423 in revenues, mostly from the property tax increase for Droste and Transportation services. The increase in expenditures from March showed an increase of $894,233, most of this is adding the expenditures for Droste and Transportation. Summer service, as well as some expenditures that were budgeted for in 2010, but were carried over to 2011. The 6/6/11 column includes additional revenues of $115,050, mostly due to increases in the Transfers in from the RETT and Road Fund to account for the increase in vehicle gas oil costs. There is an additional $232,745 in expenditures, which is detailed in the attachment and includes both increases and decreases in budgeted expenditures. The expenditures also includes a merit pool of $153,000, which is a 3% increase over the annual budgeted payroll amount. Since potential raises would not be effective until July 1 the range of raises (based on performance) would be from 0% to 6 which is similar to how it was managed prior to the economic downturn. There are a couple of requested positions that have been discussed at staff level that may be brought forward to Council during the normal budget process. We have not made any adjustments to the sales tax projections at this time, although we are anticipating being up from budget for 2011. The current projected ending fund balance for 2011 revised is $6.4M. RETT Fund There are three changes to the RETT Fund since the 3/21/11 meeting. The first one proposes to increase the RETT revenues by $185,000 based on Y -T -D RETT collections, thereby increasing the budget from $1,250,000 to $1,435,000. Through 07 -05 -11 Minutes Page 6 of 11 5/11/11, the Town has collected $740K. In 2010, the Town collected $1,624,000 in RETT. On the expenditure side, we increased the Transfer out General Fund for Transportation Vehicle Gas Oil increases and for the Transportation rolling stock costs associated with the addition of the summer bus service. We also added $15K for Summer Mountain Trail Maintenance. The current projected ending fund balance for 2011 revised is $2.3M. Excise Tax Fund There are no changes to the revenues of this fund at this time although we have not received any excise taxes y -t -d as of 5/11 /11. The only change to expenditures in this fund is the additions of the Fire Alarm System and the Foundation Repairs that Council approved on 5/2/11. Council began discussion on the General Fund requests beginning with the Volunteer Program with a request of $5,000 and this was approved by Council except for Council Member Wilkinson. The next item for discussion was the Ice Age Consultant Extension for two additional months, Council Member Haber was opposed to the additional $3,000 and Council Member Kucker recused and the rest of Council approve the request. The next item is for an additional Police Officer and equipment, Chief Smythe explained the staffing levels to date. The amount for equipment replacement is $19,000. The $19,000 was approved unanimously. Town Manager Russ Forrest spoke to the Merit Pool request for all employees. The request was for 3% merit pool. After a lengthy discussion the Council approved the merit pool request and allotted up to $4,000 for the Community Picnic and to still solicit donations. Rakowski asked if everything on the page 11 in the packet which is the Expenditure Operating Capital was acceptable to Council. She explained the savings and asked for a motion by Council. John Wilkinson made the motion to approve the Expenditures- Operating Capital from March 21, 2011 revised on June 6, 2011. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. Rakowski continued with discussion on the RETT fund and Public Works Director Hunt Walker was available to answer questions by Town Council. Council Member Kucker stated he is not in favor of spending money out of the RETT fund to fund the Open 07 -05 -11 Minutes Page 7 of 11 Space- Trail/Wildlife Study the rest of the Council voted in favor. Walker also discussed the Summer Mountain Maintenance program which is $15,000. Markey Butler made the motion to approve the changes to the RETT budget. Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 1 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, and Jason Haber. Voting Nay: Fred Kucker. Rakowski reviewed the Excise Tax with the Council and there were no changes. Markey Butler made the motion to approve the Excise Tax Fund as presented. John Wilkinson seconded the motion. Voting Aye: None. Voting Nay: None. Item No. 6 RODEO PLACE FINAL PHASE CONSTRUCTION DISCUSSION Housing Manager Joe Coffey is requesting Council direction on the construction of the last three home and four duplex units at Rodeo Place. He went on to explain the Town has three remaining homes; two- two bedrooms and one three bedroom home, and four duplex units remaining to build and sell in the Rodeo Place affordable housing development. The Housing Department began advertising to solicit applicants for these units on April 27, 2011. The application deadline was June 15, 2011 and nine applications were received for seven units. After reviewing and qualifying the applicants, four applicants have qualified for the three homes and three applicants have qualified for the four duplex units. Two of the applicants were not full time Snowmass Village employees. The Housing Department has only offered the Rodeo Place homes to full time Snowmass Village employees. All of these applicants have submitted a pre qualification letter from a lending institution to finance these homes. Financially these applicants appear to be qualified buyers. Several of the applicants have agreed to sign a pre- construction contract and pay a deposit to purchase a home or a duplex unit after a lottery is held. Even though the economic conditions are not the best at this time construction costs will most likely increase as the economy improves and this may be the most affordable time for the Town to build these homes. If Council were to decide to move ahead with the construction of these homes and some of the current applicants drop out the Housing Department will continue to advertise these units or homes in an effort to sell to a full time Snowmass Village employee. 07 -05 -11 Minutes Page 8 of 11 The Town has subsidized the Rodeo Place Affordable Housing Project from the beginning with a reduced land cost, infrastructure, soft costs and a portion of the hard costs(construction) in an effort to sell these homes at an affordable price. The final phase of Rodeo Place consists of three homes and four duplex units will require an estimated subsidy of $1,059, 000 which is a conservative estimate and saving are anticipated. This number assumes that all of the contingencies and warranty item budgets will be used and in the last phase only approximately 25% of these funds were used. We also have some additional value engineering to consider. The modular pricing is the largest construction expense for this project and the construction team is evaluating modular pricing and the quality of another modular home manufacturer. The main concern of the construction team is the quality of the modular product and a new manufacturer must meet our current product specifications so all the homes are similar in quality and finishes. Robert Kaufmann of Resort Opportunities and Investments, LLC is here today to discuss the preliminary construction schedule and the construction budgets. Attached to this memo you will find pricing information, the preliminary construction schedule and, the estimated construction budgets for the final homes and duplex units submitted from Robert. He noted that Council has several options to consider: 1. Council can direct staff to begin construction on the final phase of the Rodeo Place Housing project. 2. If the Council decides to build these homes the Housing Department could then hold these homes for a period of time in an effort to sell the units to Snowmass Village employees. Please note there will approximately one year to find qualified Snowmass Village buyers for some of the units based on our construction schedule. 3. Another option would be to allow Pitkin County employees to purchase the Rodeo Place homes and they would most likely sell relatively quickly because the Housing Department has had numerous calls from Pitkin County employees about these homes. Pitkin County would be the next priority if we did not have a Snowmass Village employee to purchase the homes. This is the sales process used to sell all the other deed restricted sales properties at this time. 4. The Town may postpone the construction of the final homes and duplex units until the market demand is greater and there are more applicants to insure these units and homes are sold to Snowmass Village employees. 07 -05 -11 Minutes Page 9 of 11 Staff recommends option #1 and option #2 for the following reasons. If Council selects option #1 the Rodeo Place project construction will be finished and this will make the entire neighborhood happy. Ongoing construction is a big disruption to the neighborhood and this work needs to be finished. The duplex units are located at the entrance to Rodeo Place and the three homes are located right in the middle of this complex. Delaying this work and re- grouping to begin construction later will add expenses to the construction costs in the future. The Town could hold these homes or units until they sell to a Snowmass Village employee. Therefore option #3 is not recommended at this time. Delaying this construction will likely increase the subsidy required from the Excise Tax Fund to build these homes. Markey Butler made the motion to approve the direction provided by the staff and continue to move forward. Jason Haber seconded the motion. The motion was approved by a vote of 4 in favor to 1 opposed. Voting Aye: Mayor Bill Boineau, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: John Wilkinson. Council Member Kucker was in favor of receiving contracts from the buyers, the rest of the council was not in agreement with this request. Council and staff had a lengthy discussion regarding extending the deadline for three more weeks to attract more applicants. Item No. 7 SUPPORT FOR C.O.R.E.'S REPORT PRIORITIZING CLEAN ENERGY AND ENERGY CONSERVATION IN COLORADO'S ECONOMIC DEVELOPMENT STRATEGY Executive Director of C.O.R.E. Nathan Ratledge spoke to the priortizing Clean Energy and Energy Conservation in Colorado's Economic Development Strategy. He spoke to the Governor's Bottom Up Economic Development Initiative and stated a letter will be sent to Governor Hickenlooper and he would like to list Snowmass Village as a supporter. All Council concurred it was a well written report and they supported it. Item No. 8 MANAGER'S REPORT EOTC Town Manager Russ Forrest noted there is an EOTC Meeting on July 21, 2011 and he encouraged participation and stated there will be a budget discussion in regards to the Free Bus Service. 07 -05 -11 Minutes Page 10 of 11 Tusk Force Town Manager Russ Forrest stated that Thursday, July 7th at the Ice Age Discovery Center there will be a press conference with Governor Hickenlooper. This is not open to the Public and is invitation only to the press. FAB Meeting Town Manager Russ Forrest stated at on Wednesday, July 6th the Financial Advisory Board will be meeting to review the executive summary for the Snowmass Tourism Board relating to financial accountability. Item No. 9 AGENDA FOR NEXT TOWN COUNCIL MEETING July 18, 2011 EAB Town Manager Russ Forrest stated that we are still advertising for members for the Environmental Advisory Board. Wild West Show Mayor Boineau noted that Jim Snyder asked if the Town Council would be interested in judging the Pie Eating contest at the Wild West Show this coming weekend. Please let the Mayor know if you are interested. EMU The promoters of the EMU concert are very interested in coming back next year, some suggestions were to lower the price and maybe get some local talent. Mountain Park Naming Committee Council Member Wilkinson stated that he and a representative from the Trails Committee will be on this committee in the near future to name the Droste open space. Forrest noted that the August agendas will be items from the Council Work Plan. Item No. 11 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Plastic Bags Council Member Haber brought up the issue of regulations for plastic bags in retail shops in Snowmass Village. He noted that all our neighboring communities are attending meetings related to this discussion and considering legislation. He would like to encourage attendance from the Elected Officials in Snowmass Village. The majority of Council would like to have more public input and meetings. None of Council except for Council Member Haber had an interest in attending the regional meeting. Nathan Ratledge from C.O.R.E stated that they are just the facilitator and it is up to Snowmass elected officials if they want to be involved or not. 07 -05 -11 Minutes Pagel 1 of 11 Wild West Show Jim Snyder asked if Council would be interested in judging the Pie Eating Contest. Please respond to Mayor Boineau if you are interested. EMU Mayor Boineau stated that last weekend was the EMU concert. Item No. 10 APPROVAL OF MEETING MINUTES FOR May 16, 2011 Regular Meeting Markey Butler made the motion to approve the Regular Meeting Minutes for the May 16, 2011 Snowmass Village Town Council. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Jason Haber, John Wilkinson, Fred Kucker, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. Item No. 12 ADJOURNMENT At 8:22 p.m. Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Tuesday, July 5, 2011. Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. This set of Minutes was approved by the Snowmass Village Town Council on Tuesday, September 6, 2011. Submitted By, 1, �Z_z Rhonda B. Coxon, CMC Town Clerk