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12-05-11 Town Council Packets SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA DECEMBER 05, 2011 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS (5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: ASPEN SKI COMPANY SEASONAL UPDATE (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Listen to presentation by Ski Company and provide questions or comments. --Mike Kaplan ...........................Page 1 Item No. 5: DISCUSSION COMMUNITY SIGNAGE REGULATIONS RELATING TO TEMPORARY OFF-PREMISE AND SANDWICH BOARD SIGNAGE (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Discuss and provide direction to staff concerning enforcement and potential code amendments --Chris Conrad Page 3 Item No. 6: RESOLUTION NO. 35, SERIES OF 2011 —DROSTE ACQUISITION IGA (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 35, Series of 2011 --Russ Forrest/John Dresser ...........................Page 19 Item No. 7: MANAGER'S REPORT (Time: 10 minutes) --Russell Forrest ...........................Page 33 Item No. 8: AGENDA'S FOR THE REST OF THE YEAR: December 7, 2011 Special Meeting December 12, 2011 Special Meeting December 12, 2011 GID Meeting Agenda 12-05-11 TC Page 2 of 2 December 19, 2011 Regular Meeting I I Page 37 Item No. 9: APPROVAL OF MEETING MINUTES FOR: September 19, 2011 Regular Meeting September 21, 2011 Continuation of September 19, 2011 I Page 42 Item No. 10: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS I Page 48 Item No. 11: EXECUTIVE SESSION 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 three items: a) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6 402(4)(c) and Snowmass Village Municipal Code Section 2- 45(()(2); 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 items (a) (b) and (c) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. Item No. 12 ADJOURNMENT NOTE: Total time estimated for meeting: Approx 3 hours (excluding items 1-3 and 8 —12) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. tc packet 12 -05 -11 5 O W L■ VI 0 Vi G) O LO �N c� 0 y 0.0 s" m E J r t i O 0 I 1 tc packet 12 -05 -11 3 O tQ 0: O O gm O O W N N cc cc O E I?. m (D vi E vq a. .O co vs O .O N y i a. a. +0.+ CL N O CL (n O m m Y cn a ,ca O O v O Q v4 N M d' 2 tc packet 12 -05 -11 MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: December 5, 2011 SUBJECT: DISCUSSION COMMUNITY SIGNAGE REGULATIONS RELATING TO TEMPORARY, OFF PREMISE AND SANDWICH BOARD SIGNAGE. Planner: Chris Conrad, Planning Director I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Staff would like to initiate a discussion with the Town Council to receive policy direction regarding potential amendments to Chapter 16A, Article IV, Division 5, Sign Standards, of the Snowmass Village Municipal Code "Municipal Code The primary area of discussion involves sign code enforcement, banners and sandwich board signs. Action Requested: Discuss and provide direction to staff concerning sign code enforcement and potential code amendments. II. SUMMARY OF DESCRIPTION PROJECT: There were several occasions last ski season where restaurants had placed temporary banners along Fanny Hill or on their establishment railings and /or frontage to advertise food or drink specials associated with their restaurant or bar. A majority of the individual bars, restaurants and retail shops have been placing one or more sandwich board signs in the Mall for years. The banners and sandwich board signs are not permitted under the current signage regulations. Another temporary sign has been Real Estate Open House signs. Please refer to Attachment 2 which describes an administrative policy that has been applied to permit the open house sandwich board type directional signs to be placed at intersections on Thursdays only. Attachment 3 is a matrix briefly describing what the signage regulations are for nine (9) communities with respect to banners and sandwich board signs. Staff would like to discuss whether: 1. the current zoning enforcement policy to investigate and enforce the signage regulations primarily on a complaint basis is still acceptable. Currently, there is no active enforcement regarding sign permits, temporary signage (banners and sandwich board signs) within the commercial nodes; 2. banners or any other temporary signage should be permitted to be visible from or placed along Fanny Hill to identify West Village or Base Village restaurants or retail; 3 tc packet 12 -05 -11 3. sandwich board signs should be permitted within the Mall or Base Village areas in a limited capacity or prohibited; and 4. the policy permitting Open House sandwich board directional signs on Thursdays should be permitted to continue; and 5. Town Council would be interested in having staff return with suggested sign regulation amendments to address the existing temporary signage usage issues within the community. III. BACKGROUND: Discussion regarding banners and sandwich board signs last occurred during the March 7, 2011 Town Council meeting. Citizen complaints had been lodged concerning banners and /or sandwich board signs along Fanny Hill that advertise various restaurants proximate to the ski slope. Attachment 1 was included within the March 7 Town Council packet and has been included for reference. Staff had intended to return to the Town Council during the summer to discuss signage and provide a substantive overhaul of the Community Signage regulations. Unfortunately, work on the signage regulations could not begin until fall. Base Village (Phase 1) and properties within the Mall each have individual Comprehensive Sign Plans. Each plan could be considered as the customized sign zoning for that property and may only be amended by the property owner. A few of them are one or more decades old and need to be amended. Staff would like to work with the property owners to develop one Comprehensive Sign Plan for the Mall that covers all of the separately owned parcels. IV. APPLICABLE REGULATIONS: The Community Signage Regulations may be found in Chapter 16A, Article IV, Division 5, Sign Standards, of the Municipal Code. The Comprehensive Sign Plans for the individual properties are on file at the Planning Department and are available upon request. V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS: 1. Enforcement Whether the current zoning enforcement policy to investigate and enforce the signage regulations primarily on a complaint basis is still acceptable. When a specific complaint is filed, the Planning Department could determine that it would be appropriate to enforce against other properties where the same or very similar zoning violation exists. Staff Recommendation: Continue to conduct sign code zoning enforcement on a complaint basis and the discretion to include same or very similar zoning violations that may exist. The Land Use Code should, however, include regulations that outline the procedural policies that should be applied to zoning enforcement matters in general. 4 tc packet 12 -05 -11 2. Temporary Signage along Fanny Hill As explained in Attachment 1, signage has largely been unregulated alongside the ski slope. Staff Recommendation: Any signage that may be permitted should be considered on a case by case basis as a sign code variance. Owners of any unauthorized existing signage should be given a notice to either remove the signage within a specific timeframe or apply for a sign variance. 3. Banners Temporary signs, which includes banners, may be displayed no more than two (2) weeks prior to "....commencement of the event advertised.... The Planning Department has not interpreted that language to permit a restaurant to create an "event" and then use the banner to advertise drink specials. Banners have previously only been authorized for use in conjunction with community events. Attachment 3, however, shows that some communities do provide latitude for businesses to use temporary signage a limited number of time during the year for a short durations. Staff Recommendation: The temporary signage (banners) language in the Land Use Code needs to be clarified to better address banners, sandwich board signs and real estate open house signs. Increasing potential use of temporary signage could be proposed. The sign variance procedure should be streamlined to provide for either administrative or Planning Commission consideration of temporary signage requests. 4. Sandwich board signs This type of signage has been used by a majority of businesses within the Mall for a number of years. Attachment 3 shows that a number of communities have permitted them. Staff Recommendation: Staff would like to work with the tenants and landowners within the Mall to develop guidelines. 5. Real Estate Open House signs The policy permitting the placement of directional Open House signage on Thursdays was clearly necessary as that is the day Aspen Realtors come to view houses that are listed within Snowmass Village. Staff Recommendation: Staff would like to meet with representatives from the local real estate office to review the current sign regulations and propose new language to council consideration. VI. NEXT STEPS: Staff could return with potential amendments to the sign code for Town Council consideration at a future meeting. Attachments: l) March 1 memorandum from the Planning Director to the Town Manager regarding Temporary Signage Regulations. 2) June 26, 2008 memorandum from the Planning Director concerning Real Estate Signage Regulations 3) Temporary Signage Matrix. 5 tc packet 12 -05 -11 ATTACHMENT 1 TO: Russell Forrest, Town Manager FROM: Chris C. Conrad, Planning Director RE: Temporary Signage Regulations DATE: March 1, 2011 Due to recent citizen complaints concerning banners and/or sandwich board signs along Fanny Hill that advertise various restaurants proximate to the ski slope, I have provided the zoning regulation concerning temporary signage, specifically sandwich board or A -frame signs and banners, as outlined below: Municipal Code Section 16A4- 540(d). Temporary Signs. (1) Area. a. Freestanding standing temporary signs shall not exceed nine (9) square feet. b. Banners. Banners or any other temporary signs hung from a building or other supports shall not be greater than three (30 feet in height by twelve (12) feet in length. (2) Display limits. Temporary signs may be displayed no more than two (2) weeks prior to commencement of the event advertised and shall be promptly removed upon its termination. Essentially, the temporary signage currently in place would be considered to be in violation of the sign code. Sandwich board or A -frame signs within Base Village are only permitted if approved by the Architectural Control Committee (ACC) and they conform to the Tenant's overall signage allowance. In recent years, this type of temporary signage has largely been unregulated alongside the ski slope as the Planning Department has had a long standing policy to operate on a complaint basis only unless the signs obstructed pedestrian or skier traffic on the slope or within the Mall, were excessive in size or number, created a hazard or were visually detractive to the overall commercial/retail environment. When a complaint is received, the enforcement policy involves citing all businesses or properties with similar violations at the time enforcement occurs regarding the initial complaint. In this case, enforcement would include all illegal temporary signs within Base Village, the Mall and along Fanny Hill. When considering staff resources and the fact that we are nearing the end of the ski season, we suggest that it may be more beneficial to delay enforcement and allow staff the opportunity to evaluate our sign code in order to update these regulations prior to the summer season. The new regulations would then be provided to all businesses and a more active enforcement policy could be in place. 6 tc packet 12 -05 -11 ATTACHMENT 2 MEMORANDUM TO: REAL ESTATE COMPANIES AGENTS FROM: Chris C. Conrad, Planning Director RE: Real Estate Signage Regulations DATE: June 26, 2008 The Snowmass Village Planning Department has received a number of complaints concerning the increased proliferation of "Open House" signage located along roadways and at intersections within the Town of Snowmass Village. We would appreciate having this information distributed to the agents within your company. Please be advised of the following sign code provisions that apply to real estate signage: Municipal Code Section 16A -4 -510. Applicability, exempt signs and prohibited signs. (6) Real estate signs. Signs, other than development identification signs, which advertise the sale or rental of the real estate upon which said sign is located or which indicate that the property has been sold. Real estate signs shall not exceed three and one -half (3.5) square feet in area. Real estate signs may remain in place during the time the property is listed for sale or rent, and shall be removed no later than one (1) week after the sale or rental of the property. No more than one (1) real estate sign shall be allowed per property, except a lot with more than one (1) street front exposure may have one (1) real estate sign per street front. The policy below concerns sandwich board "Open House" signage and was implemented years ago at the request of the Aspen Board of Realtors. It was called to our attention that "Open House" tours were set up on Thursdays to provide Aspen realtors an opportunity to view all listed properties within Snowmass Village. It was requested that sandwich board directional signs be permitted on that day so that Realtors and clients would not have difficulty finding the homes. Open House signs. Low profile open house sandwich board signs are only permitted on Thursday of each week and may be located at primary roadway intersections to alert and direct traffic to Open Houses. The location of the sign(s) shall not obstruct the vision of motorists and /or shall not obstruct or detract from the visibility or effectiveness of any traffic sign or control device on any road or street. Open house signs may be set up on Thursday at 7:00 AM and all signs shall be removed that same day by dusk. With the sole exception being the policy above, off premise real estate signage is not permitted within the Town of Snowmass Village. Signage located within the Town rights -of -way may be subject to removal by the Town. Please contact the Town of Snowmass Planning Department (923 -5524) to answer any questions or provide further assistance. 7 tc packet 12 -05 -11 ATTACHMENT BANNERS SANDWICH BOARD OR PORTABLE SIGNS PARK CITY UTAH No banners other than as permitted under Not permitted except in Private Plazas if a Festival License part of Master Sign Plan. Signs in ski resort not regulated unless oriented to public streets. ASPEN Prohibited except in conjunction with Sandwich Board signs permitted with Special Event limitations. Vail Permitted subject to design review if Not Permitted. intended for community events rather than business advertising. Mt. Crested Butte Banners not permitted unless for special Sandwich Board or Portable Signs signs not event or during off season. permitted unless for special event or during off season. Mountain Village Temporary allowed for special event with One Sandwich Board Sign per business design review board approval. allowed if within 25' radius of business entrance. Frisco Banners permitted up to 6 times per year Sandwich Board signs permitted with for 2 week intervals each. limitation of 1 per business. Breckenridge Prohibited unless for Civic Event or Sandwich Board signs prohibited except for Welcoming Banner. use as temporary directional signage for special events. Steamboat Banners and inflatable signs permitted up Sandwich Board signs prohibited in some to 4 times per year for two week intervals areas but permitted is certain other areas each. with variance approval. Telluride OK for Special Events with permit. Allowed on private property. Sign size counts toward the total signage allowed for the business 8 tc packet 12 -05 -11 ATTACHMENT 4 Division 5. Sign Standards See. 16A-4-500. Purpose. The purpose of this Division is to create the framework for a comprehensive but balanced system of signs in the community. This Division is intended to serve the following purposes: (1) Authorize signs. To authorize and promote the use of signs that are: a. Compatible. Compatible with their surroundings; b. Appropriate. Appropriate to the type of activity to which they pertain; c. Expressive. Expressive of the identity of both individual proprietors and the community as a whole; and d. Legible. Legible in the circumstances in which they are seen. (2) Promote orderly display. To enhance the economy and the businesses within the Town by promoting the reasonable, orderly and effective display of signs and encouraging better communication with the public. (3) Preserve open character. To preserve the open and uncluttered feeling characteristic of the Town. (Ord. 4 -1998 §1; Ord. 7- 2000 §1) Sec. 16A -4 -510. Applicability, exempt signs and prohibited signs. (a) Provisions Shall Apply. The provisions of this Division shall apply to all signs located within the Town, except for those signs listed in Section 16A- 4- 510(b), Exempt Signs. (b) Exempt Signs. The provisions of this Division shall not apply to the following signs, nor shall the following signs be considered as a permitted sign for any business establishment: (1) Construction site signs. A sign which names the contractors, subcontractors, architects and all other related enterprises engaged in the construction on the property where the sign is located. Such signs: (a) shall not exceed thirty -two (32) square feet in area, and six (6) feet in height; (b) shall not be erected prior to the start of construction; and (c) shall be removed at the time of final building inspection. There shall be one (1) such freestanding on- premises sign permitted per construction site. (2) Development leasing /rental signs. Freestanding on- premises signs that provide only leasing or sales information during a new construction phase on the property on which the sign is located. Such signs shall not exceed twenty (20) square feet in area, and six (6) feet in height, shall not be erected prior to the start of construction and shall be removed at the time the leases and/or sales have been completed. No more than one (1) development leasing /rental sign shall be permitted per street or business frontage. (3) Informational signs. Signs which are not more than six (6) square feet in area and which are used to direct automobile, pedestrian and/or skier traffic, or to direct parking on private property or in designated ski areas. Informational signs shall bear no advertising material. 9 tc packet 12 -05 -11 (4) Public signs. Legal notices, identification, informational or directional signs erected or required by governmental bodies, or authorized by the Town for public purposes which meet the requirements of this Division, except for those provisions prohibiting said signs in the rights -of -way. (5) Public regulatory signs. All public regulatory signs located in the Town which meet all state requirements. (6) Real estate signs. Signs, other than development identification signs, which advertise the sale or rental of the real estate upon which said sign is located or which indicate that the property has been sold. Real estate signs shall not exceed three and one -half (3.5) square feet in area. Real estate signs may remain in place during the time the property is listed for sale or rent, and shall be removed no later than one (1) week after the sale or rental of the property. No more than one (1) real estate sign shall be allowed per property, except a lot with more than one (1) street front exposure may have one (1) real estate sign per street front. (7) Garage sale or special event signs. Signs which advertise garage or rummage sales or other special events shall not be displayed more than four (4) times per year for a given property, and the exposure of said signs shall only be for the duration of the event. The individual responsible for the sign shall ensure that the sign is removed on the last day of the event. These signs shall not exceed six (6) square feet in area. (8) Interior signs. Signs located on the interior of any building, or within an enclosed lobby of any building or group of buildings, that cannot readily be seen from the exterior of the building and are designed and located to be viewed exclusively by patrons of such use or uses. (9) Utility signs. Signs of public utility or cable television companies which show the locations of underground facilities. (10) Street address and identification signs. Signs whose content include only the name or professional title of the occupant and address of the premises. Such signs shall not exceed two (2) square feet in area. The sign shall be limited to a wall- mounted, freestanding or window type sign. No more than one (1) such sign shall be permitted per premises unless physical characteristics of the site or other locational considerations preclude visibility of the street address sign from the roadway, in which case a second sign shall be permitted along the road. (11) Customer information signs. Customer information signs may display such items as "credit cards accepted," prices and menus. Each such sign shall not exceed four (4) square feet in area. (12) Security signs. Signs whose content include only the name of the security company providing service to the premises. Such sign shall not exceed one (1) square foot in area. The sign may be a freestanding, wall- mounted or window type sign. No more than one (1) such sign shall be permitted on the premises. (c) Prohibited Signs. No signs or advertising devices of any nature shall be erected or maintained on any property except as necessary to identify the business, its address or as may be necessary or desirable to give directions, advise of rules and regulations or caution or warn of danger, and such signs as may be otherwise required by law. The following signs are strictly prohibited in the Town: (1) Flashing signs. (2) Roof signs. 10 tc packet 12 -05 -11 (3) Moving signs. (4) Neon signs. (5) Signs advertising home occupations. (6) Mobile signs. Mobile signs except those that conform to the temporary sign provisions that promote a business. (7) Signs that obstruct motorists. Signs that, by reason of size, location, content, coloring or manner of illumination, obstruct the vision of motorists or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on any road or street, as determined by the Planning Director, Public Works Director and/or Chief of Police. (8) Signs that constitute a hazard. Any sign or sign structure that constitutes a hazard to public health or safety, as determined by the Building Official and/or Chief of Police. (9) Signs on trees or public property. Signs on trees or public property, other than public information signs that are not part of a building structure. (Ord. 4 -1998 §1; Ord. 7 -2000 §1) Sec. 16A-4-520. Permitted signs. The following types of signs shall be permitted within the Town: (1) Wall- mounted, window, projecting, hanging or awning sign. Each business shall be permitted per business frontage with an access point, either one (1) wall- mounted sign, one (1) window sign, one (1) projecting sign, one (1) hanging sign or one (1) awning sign, provided that the sign complies with the requirements of this Division. If the individual business so desires, it may construct a sign on a business frontage without an access point if it gives up the right to maintain a sign as permitted above. (2) Freestanding or joint identification sign. Either one (1) freestanding, on- premises sign or one (1) joint identification sign shall be permitted at each vehicular access point to a business or the group of businesses advertised on the sign. There shall be a minimum of one hundred (100) feet between freestanding, on- premises signs of an individual business. There shall be a minimum of one hundred (100) feet between joint identification signs permitted for a group of businesses located in the same building or building complex. In no case shall there be more than one (1) freestanding, on- premises or joint identification sign permitted at any access point. (Ord. 4 -1998 1; Ord. 7 -2000 1) Sec. 16A -4 -530. Standards applicable to all signs. (a) Material and Color. It is recognized that it is desirable to have some diversity of sign design within the Town. However, it is also desirable to assure that construction material and color schemes utilized on signs within the Town shall be consistent with the image of the community. It shall be the responsibility of the Planning Director to review sign design submitted with an application for a permit for consistency with community image. Any signs that have been found to be inconsistent by the Planning Director shall be referred to the Town Council for its review. (b) Construction. (1) Structure. All sign structures shall be designed and constructed in a manner that is safe, and shall be free of any exposed extra bracing, angle iron, guy wires, cables, etc. No sign structure shall have any 11 tc packet 12 -05 -11 nails, wires or sharp metal edges protruding therefrom. (2) Wiring. The wiring of all signs shall be contained in raceways or enclosed in poles or comply with the Electrical Code as adopted by the Town. In no case shall the wiring be exposed to the view of the public. (3) Glass. Any glass forming a part of any sign shall be heavy safety glass, having a minimum thickness of one fourth inch. Where any single piece or pane of glass has an area exceeding three (3) square feet, it shall be wired glass. (c) Illumination. All sign illumination shall be concentrated on the sign. The amount of direct light cast to areas other than the sign itself shall be minimized. There shall be no sign illumination permitted within the Town that casts a red, green or blue hue. (d) Restriction by Zoning District. Signs shall be restricted by zoning districts as follows: (1) Residential zone districts. In the SF -4, SF -6, SF -15, SF -30, SF -150, EST, MF/PUD, DU, CON and OS zone districts, the only signs which shall be erected are those that are exempt from the provisions of this Division, pursuant to Section 16A- 4- 510(b), Exempt Signs, together with residential subdivision/complex identification signs, which shall meet all the requirements of a freestanding on- premises sign. Signs erected in these zone districts shall be located at a distance of at least ten (10) feet from any property line. (2) Commercial zone districts. In the MU/PUD, CC, CC/PUD, PUD or SPA zone districts, only the following signs shall be erected, provided the signs are in compliance with the provisions of this Division: a. Commercial advertisement signs. b. Institutional signs. c. Joint identification signs. d. Residential subdivision/complex identification signs. e. Temporary signs. f. Exempt signs. All signs listed in Section 16A- 4- 510(b), Exempt Signs. (e) Registration. All existing signs and every sign erected after December 4, 1984, shall be registered with the Town. Owners of existing signs shall register their signs within one (1) year from December 4, 1984. Signs constructed after this date shall be considered registered upon issuance of a permit. (Ord. 4- 1998 1; Ord. 7 -2000 1) Sec. 16A -4 -540. Standards applicable to particular types of signs. (a) Freestanding On- Premises Signs and Joint Identification Signs. (1) Height of freestanding on- premises signs. When grade perpendicular to the road decreases, there may be up to three (3) feet of support structure at lowest grade elevation at the base of the sign allowed to get from grade at the base of a freestanding on- premises sign up to road level, up to two and one -half (2.5) feet of additional support to get the sign above an acceptable snow level, and then no more than two and one -half (2.5) feet within which the display surface shall be located. In no case shall the highest point of 12 tc packet 12 -05 -11 such a sign be more than five (5) feet above the highest grade elevation at the base of the sign. (2) Height of joint identification signs. a. Grade decreases. When grade perpendicular to the road decreases, there may be up to three (3) feet of support structure at the lowest grade elevation at the base of a joint identification sign allowed to get from grade at the base of the sign up to the level of the road, up to two and one -half (2.5) feet of additional support to get the sign above an acceptable snow level, and then no more than four and one- half (4.5) feet within which the display surface shall be located. In no case shall the highest point of such a sign be more than seven (7) feet above the grade of the road. b. Grade is level or increases. When grade perpendicular to the road is level or increases, the maximum height of a joint identification sign shall be seven (7) feet above the highest grade elevation at the base of the sign. (3) Width. No freestanding on- premises sign or joint identification sign shall be more than seven (7) feet in width. (4) Display area. The display area of a freestanding on- premises sign, including any architectural embellishments or background materials that are an integral part of the display, shall not exceed seventeen and one -half (17.5) square feet. The display area of a joint identification sign, including any architectural embellishments or background materials that are an integral part of the display, shall not exceed thirty -one and one -half (31.5) square feet. The display area shall be measured as the smallest area enclosing all wording, logos and any other architectural embellishments or background materials utilized as an attention getting device. If the sign is three- dimensional, the display area shall be the total of each side of the sign which is visible. (5) Location. Freestanding on- premises signs and joint identification signs shall be permitted only when they are located within a landscaped area. Landscaping shall not adversely affect pedestrian or vehicular traffic. In no case shall such a sign project into the public right -of -way unless granted a variance, or be situated near an intersection in such a manner so as to interfere with vehicular sight distance. (6) Illumination. Freestanding on- premises signs may be illuminated by indirect illumination, provided that such illumination in no way adversely affects pedestrian and/or vehicular traffic. Internal illumination may be utilized only when lettering is the only translucent portion of the display area and the smallest possible rectangle enclosing the translucent lettering is less than thirty percent (30 of the total display area. Joint identification signs may be illuminated, provided that only indirect illumination shall be utilized, and such illumination shall in no way adversely affect pedestrian and/or vehicular traffic. (7) Copy. The copy on any commercial joint identification sign shall list either the specific names of all businesses within a building or complex which wish to advertise on the sign, describing the general nature of the businesses in the building or complex, or it may list the name of the business together with a general description of the business. (b) Wall- Mounted On- Premises Signs. (1) Area and measurement. a. Area. No wall- mounted on- premises sign shall exceed six (6) square feet for any establishment having a business frontage of thirty (30) linear feet or less. For any establishment having a business 13 tc packet 12 -05 -11 frontage of more than thirty (30) linear feet, one (1) square foot of signage will be allowed for each five (5) linear feet of business frontage, up to a maximum of twenty -five (25) square feet. b. Multiple businesses share frontage. When two (2) or more businesses are located in the same building and share the same business frontage, they shall be limited to and may share one (1) wall mounted sign, having an area that complies with Subsection (b)(1)a, Area. c. Measurement. The area of all wall- mounted signs shall be the smallest possible area enclosing the extreme limits of the display surface. The display surface also includes any architectural embellishments or background materials that are an integral part of the display and used to differentiate the sign from its surroundings. (2) Location. a. Not cover major architectural features. A wall- mounted sign shall not cover or interrupt major architectural features such as doors and windows. b. Projection from wall. A wall- mounted sign shall not project out more than six (6) inches from the wall on which it is mounted. c. Projection from roof. No wall- mounted sign shall project beyond the line established by that part of the roof which projects from the wall upon which the sign is mounted, nor shall it extend above the roof line. A mansard roof shall not be considered a wall. (3) Illumination. Wall- mounted signs may be illuminated, provided that only indirect illumination shall be utilized, and such illumination shall in no way adversely affect pedestrian and/or vehicular traffic. (c) Awning Signs on Premises. (1) Lettering. The lettering on any awning sign shall not exceed six (6) inches in height. (2) Wording. The wording on any awning sign shall not exceed seven (7) feet in width. (d) Temporary Signs. (1) Area. a. Freestanding temporary signs. Freestanding temporary signs shall not exceed nine (9) square feet. b. Banners. Banners or any other temporary signs hung from a building or other supports shall not be greater than three (3) feet in height by twelve (12) feet in length. (2) Display limits. Temporary signs may be displayed no more than two (2) weeks prior to commencement of the event advertised and shall be promptly removed upon its termination. (e) Projecting On- Premises Signs. (1) Area and measurement. a. Area. No projecting sign shall exceed six (6) square feet. 14 tc packet 12 -05 -11 b. Measurement. The area of a projecting sign shall be the smallest possible rectangle enclosing the extreme limits of the display surface. The display surface also includes any architectural embellishments or background materials that are an integral part of the display and used to differentiate the sign from its surroundings. (2) Clearance. Signs which project more than four (4) inches over a pedestrian walkway must allow seven and one -half (7.5) feet of clearance between the bottom of the sign and any pedestrian walkway. (3) Illumination. Hanging signs may be illuminated, provided that only indirect lighting is utilized, and that the light source does not interfere with pedestrian or vehicular traffic. (f) Window Signs. (1) Area and measurement. a. Area. No window sign shall exceed ten percent (10 of the area of the window in which it is placed. b. Measurement. The area of a window sign shall be the smallest possible rectangle enclosing the extreme limits of the display, which is comprised of all letters, logos or other graphic information. (2) Illumination. Window signs may be illuminated, provided that only indirect lighting is utilized and the source does not interfere with pedestrian or vehicular traffic. (Ord. 4 -1998 1; Ord. 7 -2000 1) Sec. 16A4-550. Procedure to obtain sign permit. (a) Permit Required. It shall be unlawful for any person to erect, construct, alter or relocate any sign within the Town, other than those signs listed in Section 16A- 4- 510(b), Exempt Signs, without first obtaining a permit, including signs approved in a comprehensive sign plan. Routine maintenance or changing of parts shall not be considered an alteration, provided that such change does not alter the surface dimension or height, or otherwise make the sign nonconforming. (b) Application Contents. Application for the permit shall be made to the Building Department and shall include the following information: (1) Identification. Name, address and telephone number of the applicant, owner and occupant of the property, and the name of the person who will erect the sign. (2) Location of structure. Location of the structure or parcel of property on which the sign will be attached or erected. (3) Position of sign. Position of the sign in relation to nearby buildings, structures, property lines and rights -of -way. (4) Plans. A copy of plans and specifications showing material and method of construction, illumination, electrical wiring, location and support. (5) Sketch. Sketch showing sign faces, exposed surfaces and proposed message, accurately represented in scale as to size, area, proportions and color. The proposed message requirement does not apply to those signs whose copy could change frequently. (6) Consent. Written consent of the owners of the building, structure or land on which the sign is 15 tc packet 12 -05 -11 to be erected. (7) Temporary sign. On any application for a temporary sign, the applicant shall list the earliest date on which the sign may be established and the date on which the sign shall have been removed. (8) Fee. The required permit fee for each sign shall accompany the application. The amount of such permit fee shall be determined and set by the Town Council from time to time. (Ord. 4- 1998 §1; Ord. 7 -2000 §1) Sec. 16A -4 -560. Comprehensive sign plan. (a) Purpose. There are special circumstances within the Town that deserve flexibility from the standards prescribed in this Division, when such flexibility is in the best interest of the community. The purpose of this Section is to authorize a comprehensive sign plan to be submitted so as to afford such flexibility, while still meeting the purpose of this Division. (b) Applicability. The Town Council may permit the utilization of comprehensive sign plans for multiple businesses located in a single building, or for building complexes that are located on one (1) lot or parcel or two (2) or more continuous parcels, that are held in unified control. (c) Plan Requirements. Comprehensive sign plans shall meet the following requirements: (1) Submission of application. An application for a comprehensive sign plan shall be submitted to the Planning Director. The application shall include the following materials: a. Minimum contents. The minimum contents for any application, as specified in Section 16A -5- 40(b), Minimum Contents. b. Detailed sign plan. A detailed sign plan with an accurate survey map or sufficient legal description describing the area in which the plan will be in effect. The plan shall include written stipulations that address all relevant concerns, including but not limited to the location of proposed signs and their size, height, color, lighting, orientation, construction material and copy. If there are signs within the plan area that will not conform to the standards described in the comprehensive sign plan, procedures and time frames for securing the removal of nonconforming signs shall be detailed. c. All parties must join. All parties affected by provisions of the comprehensive sign plans must join in the application for such plans. If multiple businesses in a single building, building complexes or portions thereof are governed by a management agreement, the duly constituted representative of the management association or firm shall join in such plan. It is unnecessary for owners or lessees to join if said representative has joined on their behalf. (2) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A- 5-50, Staff Review of Application. (3) Planning Commission review. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. The Planning Commission shall review the application, and shall make its recommendations to the Town Council, considering whether the comprehensive sign plan contains appropriate limitations within its plan stipulations to ensure that the sign plan will minimize its impact on surrounding land uses and is compatible with the purposes of this Division. 16 tc packet 12 -05 -11 (4) Town Council first reading. The Planning Commission's recommendations shall be forwarded to the Town Council at a regular meeting, together with a complete copy of the application and a copy of the staffs review. The Town Council shall consider all relevant materials and shall adopt an ordinance on first reading approving the comprehensive sign plan as recommended or with modifications, or shall adopt a resolution denying the application, citing specific reasons therefor. (5) Public hearing. Prior to second reading and final adoption of such ordinance, the Town Council shall hold a public hearing. Public notice of the hearing shall be given by publication, mailing and posting of notice, pursuant to Section 16A- 5- 60(b), Manner and Timing of Notice. The Town Council shall consider the application, any relevant support materials, the staff report, the Planning Commission's recommendation and the public testimony given at the public hearing. Following closure of the public hearing, the Town Council shall adopt the ordinance, adopt the ordinance with modifications or deny the ordinance. (6) Amendment. Once authorized by the Town Council, a comprehensive sign plan may only be amended as follows: a. Procedure. The Planning Director shall submit notice of the requested change and all relevant material to the Planning Commission for its review and recommendation to the Town Council. b. Standards. The Planning Commission may recommend approval, and the Town Council may approve the proposed change only if the following standards are met: 1. Not adversely affect sign plan. The proposed amendment will not adversely affect the development and preservation of the entire sign plan; 2. Not adversely affect surrounding uses. The proposed amendment will not adversely affect surrounding land uses; 3. Not conflict with purposes. The proposed amendment will not conflict with the purposes of this Division; and 4. Not confer special benefit. The proposed amendment will not be granted solely to confer a special benefit upon any party. (7) Town Council authority. Nothing in these provisions shall be construed to deny the Town Council power to require any modification of or release from any provision of the comprehensive sign plan so that the plan conforms to other Town ordinances. (Ord. 4 -1998 1; Ord. 7 -2000 1) Sec. 16A4-570. Nonconforming signs. (a) General. All signs existing on December 4, 1984, that do not conform to the provisions of this Article shall be regarded as lawful nonconforming signs. (1) Exception for comprehensive sign plan. Signs that are not in compliance with this Division but have been approved by the Town Council as part of a comprehensive sign plan shall not be considered nonconforming. (2) Exception for signs less than five percent (5 over maximum. All signs existing on December 7, 1984, that would be considered nonconforming by virtue of allowable measurement (square footage, height and width) shall not be considered nonconforming if the sign is less than five 17 tc packet 12 -05 -11 percent (5 over the maximum measurement allowed. (b) Sign shall be maintained. A lawful nonconforming sign shall be maintained in good condition but shall not be: (1) Changed. Changed in any manner to another nonconforming sign; (2) Structurally altered. Structurally altered so as to prolong the life of the sign; (3) Expanded; (4) Re- established after discontinuance. Re- established after its discontinuance for thirty (30) days; (5) Moved. Moved in whole or in part to another location unless said sign is inade to conform to all of the regulations of this Division; and (6) Re- established after damage. Re- established after damage or destruction in an amount exceeding fifty percent (50 of its estimated initial value, as determined by the Planning Director. (c) Amortization Period. It is reasonable that a time limit (amortization period) be placed upon the continuance of existing nonconforming signs. This will allow the owner to continue using a lawful nonconforming sign for a period of time, but it will also ensure that the nonconforming sign will eventually be brought into substantial uniformity with all signs permitted in the community. The following amortization schedule shall apply to all lawful nonconforming signs: (1) Nonconforming due to number of signs. Any use which has signs which are nonconforming because of the number of signs on the premises shall bring the number of signs into conformity within ninety (90) days of the effective date of the ordinance codified herein. (2) Other nonconformities. All other nonconforming signs shall be brought into conformance with the provisions of this Division within one (1) year of the effective date of the ordinance codified herein. (Ord. 4 -1998 1; Ord. 7 -2000 1) Sec. 16A4-580. Sign variances. An application for a variance from the provisions of this Division shall be processed pursuant to the provisions of Section 16A -5 -240, Variances. Provided, however, that the application for a sign variance shall not be evaluated pursuant to the standards of Section 16A- 5- 240(c), Review Standards. Instead, the applicant shall be required to demonstrate that the proposed signage cannot be reasonably installed as provided in this Division due to unique physical characteristics of the property, its surroundings and/or the unique nature of the sign itself. Any variance granted shall be only for the minimum amount necessary to overcome the unique features. (Ord. 4 -1998 §1; Ord. 7 -2000 §1) Sec. 16A-4-590. Enforcement. The Planning Director shall be responsible for enforcing the provisions of this Division. Violation of the provisions of this Division shall result in punishment in accordance with the provisions of Section 1 -72 of this Municipal Code. (Ord. 4 -1998 1; Ord. 7 -2000 1) 18 tc packet 12 -05 -11 MEMORANDUM To: Snowmass Village Town Council From: Town Managers Office Date: December 5, 2011 Subject: TOSV Droste Acquisition IGA Resolution 35, Series of 2011 BACKGROUND The purpose of this item is to review the status of the Pitkin County /Town of Snowmass Village IGA for the Acquisition of the Droste Properties. In the summer 2010, Pitkin County Open Space and Trails "POST approached the Town of Snowmass Village "TOSV to contribute financially to the purchase of the Droste Property. At the time TOSV was considering two ballot questions, one to support TOSV REC Center operations and another to support Transportation service. In August 2010, Council determined with certain bonds retiring in 2010 that TOSV could, without effectively raising taxes but rather extending the then current mill levies allocated to the retiring bonds, support a Transportation ballot question as well as a ballot question to financially contribute to the Droste purchase. As a result of the presentations to Council by POST, Council, staff and TOSV voters understood that other than the $2M contribution contemplated by the ballot question there would no additional expenses, costs or fees to TOSV with regard to the Droste purchase and operation of the mountain park. In November of 2010, TOSV voters approved both the Transportation ballot question and the Droste contribution ballot question. The Droste question provided for the $2M contribution to be paid over 7 years, with $200K in the first five years and $500K in the last two years, while the Transportation question provided 5 years of increased revenue dedicated to transit operations. The 5 year term for transit allowed the increased contribution to Droste in years 6 and 7 and no ballot question for REC Center operations was put forth. As a result of the Droste ballot question approval, PitCo submitted a draft Intergovernmental Agreement (IGA) to TOSV to memorialize the TOSV contribution to the Droste purchase. Based on the prior presentations to Council by POST, Council and TOSV staff understood that no additional expenses, costs or fees over the $2M contribution. Based partially on that understanding, the draft IGA was approved by the Council upon passage of Resolution 18, Series of 2011 in January of 2011. In July of 2011 as TOSV staff began work on the 2012 budget, staff noticed on the tax collection reports issued by the PitCo Treasurer that the Droste tax proceeds were subject to a statutory 2% collection fee. The collection fees over the life of tax will total $40K. Inquiries were sent by TOSV to PitCo regarding waiving the statutory collection fee on the Droste tax collections. Responses to the inquiry from PitCo to date have been: 19 tc packet 12 -05 -11 1. PitCo staff cannot waive the collection fee and PitCo staff was uncertain whether the BOCC has that authority. The BOCC has not granted such a waiver. TOSV staff does not know if the BOCC has been asked to grant such a waiver. 2. PitCo states that TOSV will receive a larger portion of the Motor Vehicle Specific Ownership "MVSO tax receipts which will more than make up for TOSV paying the collection fees on $2M for the Droste purchase. a) Section 6 of Article X of the Colorado Constitution specifies the graduated annual motor vehicle specific ownership tax. The state statutes governing the application and distribution of the MVSO are in C.R.S. Title 42, Article 3, Part 1 and C.R.S. Section 42 -3- 107(24) specifies the method of apportionment between a county and the municipalities within said county. Basically the formula is whatever the percentage of annual property taxes levied for municipal purposes is of the total taxes levied, is the percentage the municipality receives of the entire county's MVSO tax receipts. Because TOSV raised its share of the annual property tax to contribute to the Droste purchase, TOSV will receive an incremental increase in MVSO tax receipts. b) TOSV staff responded to PitCo that the MVSO is not a fixed amount and it would be uncertain in the future whether MVSO receipts would exceed the Droste purchase collection fees, especially in year 6 and 7. TOSV requested that PitCo "backstop" the potential fluctuations of MVSO funds in writing to assure that TOSV will not incur the statutory collection fee for the Droste purchase tax revenues. Such a backstop agreement has not occurred. While the discussion between TOSV staff and PitCo staff regarding the collection fees was taking place, on September 6, 2011 the BOCC executed Resolution #088 -2011 which approved an amended version of the draft IGA TOSV approved in January, 2011. This version of the IGA does not match the version approved by TOSV in January nor does it address the collection fees or backstop the MVSO revenue. The IGA simply provides that TOSV will pay to PitCo $200K for 5 years and then $500K for two more years. DISCUSSION Snowmass Village taxpayers will contribute to the Droste purchase by the TOSV $2M contribution and also by paying the POST mill levy. Given the presentation to Council by PitCo assuring no additional expenses, costs or fees when requesting additional financial support for the Droste purchase, TOSV staff believes that according to the currently proposed IGA, TOSV will have to pay $40K over the 7 years out of the general fund for PitCo collection fees in order to contribute an additional $2M to the Droste purchase. Staff does not believe that paying $40K to the County in collection fees for the privilege of contributing $2M in addition to the regular POST mill levy was the intent of TOSV voters when they approved the additional contribution to the Droste purchase. The current IGA has not been approved by Council and no payments have been tendered to PitCo as yet. 20 tc packet 12 -05 -11 When considering the proposal to utilize the increased MVSO revenue to pay the collection fees staff came to the conclusion that while MVSO revenue will increase due to TOSV voters approving an additional contribution to the Droste purchase, whether the collection fee comes from the general fund or MVSO revenue, it will still be the TOSV taxpayer paying the collection fees. NEXT STEPS Staff has submitted to Council for consideration Resolution No. 35 which approves a new draft of an IGA that provides for the $2M additional contribution to the Droste purchase less collection fees. This will allow PitCo to waive the collection fees to get the entire $2M or allow TOSV to deduct the collection fees from the additional contribution and not burden the TOSV general fund with the collection fees. As a consequence of paying an additional $21M towards the Droste purchase, over and above the regular POST mill levy, TOSV will see its share of the MVSO increase due to the statutory formula for apportionment of those tax revenues. Also before Council is the PitCo approved IGA which Council can approve as written. Procedurally, Council will adopt Resolution 35 with either the PitCo approved IGA as Exhibit "A" or the new draft IGA as Exhibit "A RECOMMENDATION Staff recommends Council approve and submit to PitCo the new draft of the IGA which provides for the $2M additional contribution to the Droste purchase less collection fees. Staff believes this proposal best reflects the understanding of TOSV as well as the will of TOSV voters and taxpayers when the additional contribution to the Droste purchase was approved. 21 tc packet 12 -05 -11 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 35 SERIES OF 2011 A RESOLUTION APPROVING THE ENTRANCE INTO AN INTERGOVERNMENTAL AGREEMENT WITH PITKIN COUNTY TO PURCHASE THE DROSTE OPEN SPACE WHEREAS, the Town of Snowmass Village (the "Town and Pitkin County are both political subdivisions of the State of Colorado; and WHEREAS, pursuant to C.R.S. 29 -20 -105, local governments are authorized and encouraged to cooperate or contract with other units of government; and WHEREAS, the people of the State of Colorado have authorized political subdivisions to cooperate with each other and contract in matters set out in this Agreement through the Colorado Constitution, Article XIV, Section 18(2)(A), and Article XI, Section 7; and WHEREAS, The Intergovernmental Agreement (the "IGA is designed to provide the framework to reimburse Pitkin County over a 7 years period for a $2,000,000.00 portion of the purchase price of the Droste properties; and WHEREAS, on November 2, 2010, the voters of Snowmass Village approved a dedicated property tax to contribute $2,000,000.00 to the purchase of Droste properties; and WHEREAS, on December 29, 2010 Pitkin County acquired the Droste property for $17,000,000.00; and WHEREAS, the Town Council desires to approve the entrance into the IGA. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado as follows: 1. Intergovernmental Agreement to formalize payment to Pitkin County over the period of seven years as specified in Exhibit "A" attached hereto is hereby approved and adopted by the Town. 2. Direction to Mayor The Mayor is hereby authorized and directed to execute the Intergovernmental Agreement approved by this Resolution on behalf of the Town. 3. Severability If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. 22 tc packet 12 -05 -11 TC Resolution Page 2of2 INTRODUCED, READ AND ADOPTED, on this 5 day of December, 2011 by the Town Council of the Town of Snowmass Village, Colorado on a motion made by Council Member seconded by Council Member and by a vote of in favor and opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney 23 tc packet 12 -05 -11 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF SNOWMASS VILLAGE, COLORADO, AND PITKIN COUNTY COLORADO FOR THE ACQUISITION OF THE DROSTE PROPERTIES, LOCATED IN PITKIN COUNTY THIS INTERGOVERNMENTAL AGREEMENT for conservation of the Droste Properties (the "Agreement located in Pitkin County is made this day of 2011 by and between Pitkin County "Pitkin and the Town of Snowmass Village "Snowmass (collectively the "Parties which are all governmental entities located within the state of Colorado. The term of this agreement shall be continuing to provide for the acquisition of interests in the Droste Properties and management of those interests. RECITALS 1. The Droste Properties are located in the Roaring Fork Valley within both Pitkin County contiguous and near other preserved open space owned by the Parties. 2. Public ownership of the Droste Properties would complement prior investments by Snowmass, Pitkin, the City of Aspen, and Great Outdoors Colorado by adding approximately 844.69 acres to the center of various open space properties acquired previously by these entities. 3. On November 2, 2010, the voters of Snowmass Village approved a special tax to contribute $2,000,000 to the purchase of the Droste Properties. 4. On December 29, 2010, Pitkin County purchased of the Droste Properties for $17,000,000.00. 5. Snowmass desires to reimburse Pitkin County over a seven year period for a $2,000,000 portion of the purchase price AGREEMENT NOW THEREFORE, in consideration of mutual promises and covenants contained in this agreement, the Parties agree as follows: Payments by Snowmass 1. Snowmass Village will pay, either upon receipt of $200,000.00 annual tax revenue from the Droste mill levy less any collection fees thereon, or the end of 24 tc packet 12 -05 -11 INTERGOVERNMENTAL AGREEMENT FOR THE CONSERVATION OF THE DROSTE PROPERTIES each calendar year whichever is earlier, the sum of $200,000 less any collection fees thereon, each year from 2011 to 2015. In addition, Snowmass Village will pay, either upon receipt of $500,000.00 annual tax revenue from the Droste mill levy less any collection fees thereon, or the end of each calendar year whichever is earlier, the sum of $500,000 less any collection fees thereon, each year for 2016 and 2017. All sums paid to Pitkin County shall be deposited in its Open Space and Trails fund as a partial reimbursement for the purchase of the Droste Properties. Management of Property Interests 2. Droste Properties will be held in fee by Pitkin County, and managed and maintained by Pitkin County. A conservation easement will be held by the Aspen Valley Land Trust which will ensure the Droste Property is managed in perpetuity as open space, with due regard for habitat protection, non motorized public recreation, and protection scenery. It is anticipated that a management plan will be adopted by Pitkin County, after consultation with Snowmass regarding any improvements and any limitations on public access. Miscellaneous Provisions 3. If any part, term, or provision of this agreement is held by a court of competent jurisdiction to be illegal or in conflict with any federal law or law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties hereto shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid. 4. Nothing in this agreement is intended to create or grant to any third party or person any right or claim for damages or the right to bring or maintain any action at law. 5. No party hereto waives any immunity at law including immunity granted under the Colorado Governmental Immunities Act. 6. This agreement is intended as the complete integration of all understandings between the Parties and constitutes the entire agreement between the parties hereto; no prior or contemporaneous addition, deletion, or other amendment shall have any force or effect, unless embodied herein in writing or attached as an exhibit hereto and referenced herein. 7. Any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing bodies of the parties hereto. 8. Any notices or other communications required or permitted to be given hereunder 2 25 tc packet 12 -05 -11 INTERGOVERNMENTAL AGREEMENT FOR THE CONSERVATION OF THE DROSTE PROPERTIES shall be given in writing and delivered personally, by U.S. mail, or by electronic mail to the attention of the individuals below, or to such other addresses as any other parties designate by written notice. Notice shall be deemed given on the date of personal delivery or electronic mailing, or five (5) days from the date of mailing by U.S. mail. Notice to Snowmass: Town Attorney PO Box 5054 Snowmass Village, CO 81615 Notice to Pitkin County: County Attorney John Ely 530 East Main Street, Suite 302 Snowmass, CO 81611 'ohinenco.pitkin.co.us In Witness whereof, this agreement is executed and entered into this day and year first above written. COUNTY OF PITKIN STATE OF COLORADO By: Rachel E. Richards, Chair Pitkin County Board of County Commissioners ATTEST: Jeanette Jones Pitkin County Deputy Clerk 3 26 tc packet 12 -05 -11 INTERGOVERNMENTAL AGREEMENT FOR THE CONSERVATION OF THE DROSTE PROPERTIES TOWN OF SNOWMASS VILLAGE By: Mayor ATTEST: Snowmass Village Town Clerk 4 27 tc packet 12 -05 -11 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF SNOWNIASS VILLAGE, COLORADO, AND PITKIN COUNTY COLORADO FOR THE ACQUISITION OF THE DROS`I'E PROPERTIES, LOCATED IN PITKIN COUNTY THIS 1N hRGOVERNMENTAL AGREEN/tENT for conservation of the Droste Proper ies (the "Agreement located in Pitkin County is made this u 3` day of 141j f 2011 by and between Pitkin County "Pitkin and the Town of Snowmass Village "Snowmass (collectively the "Parties which are all governmental entities located within the state of Colorado. The term of this agreement shall be continuing to provide for the acquisition of interests in the Droste Properties and management of those interests. RECITALS 1. The Droste Properties are located in the Roaring Fork Valley within both Pitkin County contiguous and near other preserved open space owned by the Parties. 2. Public ownership of the Droste Properties would eornplement prior investments by Snowmass Village, Pitkin, the City of Aspen, and (.treat Outdoors Colorado by adding approximately 544.69 acres to the center of various open space properties acquired previously by these entities. 3. On November 2, 2010, the voters of Sn.owniass Village approved a special tax to contribute $2,000,000 to the purchase of the Droste Properties. 4. On December 29, 2010, Pitkin County purchased of the Droste Properties for $17,000,000. 5. Snowmass desires to reimburse Pitkin County over a seven year period for a $2,000,000 portion of the purchase price. AGREEMENT NOW THEREFORE, in consideration of mutual promises and covenants contained in this agreement, the Parties agree as follows: Payments by Snowmass 1. Snowmass Village will pay, on or before August 15, for each year from 2011 to 2015, the sum of $200,000 annually_ In addition, Snowmass Village will pay, 28 tc packet 12 -05 -11 INTERGOVERNMENTAL AGREEMENT FOR THE CONSERVATION OF TILE DROSTE PROPERTIES on or before August 15, for 2016 and 2017, the sum of $500,000 annually. All sums paid to Pitkin County shall be deposited in its Open Space and Trails fund as a partial reimbursement for the purchase of the Droste Properties. Management of Property Interests 2. Droste Properties will be held in fee by Pitkin County, and managed and maintained by Pitkin County. A conservation easement will be held by the Aspen Valley band Trust which will ensure the Droste Property is managed in perpetuity as open space, with due regard for habitat protection, non- motorized public recreation, and protection of scenery. It is anticipated that a management plan will be adopted by Pitkin County, after consultation with Snowmass regarding any improvements and any limitations on public access. Miscellaneous Provisions 3. If any part, term, or provision of this agreement is held by a court of competent jurisdiction to be illegal or in conflict with any federal law or law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties hereto shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid. 4. Nothing in this agreement is intended to create or grant to any third party or person any right or claim for damages or the right to bring or maintain any action at law. 5. No party hereto waives any immunity at law including immunity granted under the Colorado Governmental Immunities Act. b. This agreement is intended as the complete integration of all understandings between the Parties and constitutes the entire agreement between the parties hereto; no prior or contemporaneous addition, deletion, or other amendment shall have any force or effect, unless embodied herein in writing or attached as an exhibit hereto and referenced herein. 7. Any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing bodies of the parties hereto. 8. Any notices or other communications required or permitted to be given hereunder shall be given in writing and delivered personally, by U.S. mail, or by electronic mail to the attention of the individuals below, or to such other addresses as any other parties designate by written notice. Notice shall be deemed given on the date of personal delivery or electronic mailing, or five (5) days from the date of mailing by 2 29 tc packet 12 -05 -11 INTERGOVERNW.NTAL AGREEMENT FOR TFff CONSERVATION OA' TffL DROSTE PROPERTIES U.S. mail. Notice to Snowmass: Town Attorney John Dresser Snowmass Village, CO Notice to Pitkin County: County Attorney John Ely 530 East Main Street, Suite 302 Snowmass, CO 81611 ioh n.ely(a7,co,i)itkha.co.us. In Witness whereof, this agreement is executed and entered into this day and year first above written. COUNTY OF PITKIN STATE OF COLORADO `f By:__ Rac 1el I?. Rich ards,"Clatirwoman Pitkin County Board of County Commissioners ,TEST: APP VED AS TO F RM Je 1 nette Jones ale ill Pytkin County Deputy Clerk Open Space Director TOWN OF SNOWMASS VILLAGE ATTEST: By: Mayor Snowmass Village Town Clerk 3 30 tc packet 12 -05 -11 A RESOLUTION OF THE COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF SNOWMASSS VILLAGE FOR FINANCIAL CONTRIBUTION TO DROSTE PURCHASE RESOLUTION -2011 RECITALS 1. The Pitkin County Open Space and Trails Board of Trustees is charged with the responsibility of acquiring trail properties and constructing trails, and; 2. The Droste Properties are located in the Roaring Fork Valley within both Pitkin County contiguous and near other preserved open space owned by the Parties. 3. .Public ownership of the Droste Properties complements prior investments by Snowmass, Pitkin, the City of Aspen, and Great Outdoors Colorado by adding approximately 844.69 acres to the center of various open space properties acquired previously by these entities. 4. On November 2, 2010, the voters of Snowmass Village approved a special tax to contribute $2,000,000 to the purchase of the Droste Properties. 5. On December 29, 2010, Pitkin County purchased of the Droste Properties for $17,000,000. 6. Snowmass desires to reimburse Pitkin County over a seven year period for a $2,000,000 portion of the purchase price. NOW THEREFORE, BE IT ORDAINED, by the hoard of County Commissioners of Pitkin County, that is does hereby approve the Intergovernmental Agreement between "Town of Snowmass Village and Pitkin County, in substantially the form as attached hereto. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE l Oth DAY OF AUGUST, 2011. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE'7 DAY OF AUGUST, 2011. APPROVED AT SECOND READING AND PUBLIC HEARING ON THE 23 DAY OF AUGUST, 2011. 1 31 tc packet 12 -05 -11 PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THEk DAY OF A�, 201.1.. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO T 5T: Ra el E. Richards C irwom Jea tte Janes De rty Clerk Date- APPROVE D AS TO FORM: John Ely Jon Peacock Coun A y f County Manager I i Dale ill, :Dire �tor Open Space and Trails Program 2 32 tc packet 12 -05 -11 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: DECEMBER 5, 2011 Joint Meeting with Marketing Board The Joint Meeting of Town Council and Marketing, Group Sales, and Special Events Board is scheduled for December 7 th from 1:00 p.m. to 4:00 p.m. Staff has confirmed that there is no conflict with the Chambers and a Planning Commission meeting. Staff has also invited the Financial Advisory Board to attend the meeting. A packet should be available on the web after the Marketing Board Meeting scheduled for Thursday, December 1St Items /Strategic Plan Updated on November 15, 2011 The following Table is a summary of the action plan from the various topics discussed at the retreat in January of 2011. Action P riority Timing Who Base Village Next Steps 1 The Foreclosure is now Russ Forrest complete and Base Village is now owned by the 4 European Banks. They are continuing a bidding process with a number of potential developers. Economic /Fiscal Actions 1 STO Metrics -Basic framework for a Susan Hamley metric agreed to by FAB and MSE &GS Board. October 17 Following up on final business plan and governance on December 5th Summer Events/ -March 21, 2011 Marketing (Complete) Sales Tax Study June 6, 2011 /July 5, Marianne R. Financial Updates March, July, 2012 Budget Marianne R. Review occurred in September 33 tc packet 12 -05 -11 Ice Age Discovery 1 Final report given to 501 c3 will move Complete Business Council on August 15, forward with long Plan 2011. 501 c3 will move term actions /STO forward with will continue implementation. TOSV operation of will renew lease at current exhibit center exhibit center Housing Housing Policy for 1 (Complete) Chris Conrad Development Housing Projects 3 Guidelines completed on Joe Coffey June 20 Council gave authorization for final phase of Rodeo on July 5 th Environment Environmental 2 EAB's formed and Lesley /EAC Advisory Board working on plastic bag (EAB) issue and SW. Council provided input to EAB on November 21 after presentation. REOP Policy May 2, 2011 (approved Mark Kittle Discussion 2nd Reading) Urban Renewal Authority 2 Council asked that Russell Forrest information on a URA be made available to members that have questions. No meetings tanned at this time. Capital Improvement 3 August 1 September Hunt Walker, Process 12 On Sept 12 Council identified high priority project which Staff will provided an Action Plan based on Council input on December 19th Solid Waste Collection 3 Staff is recommending Hunt Walker EAB review and then review with Council Pedestrian Crossing 3 September 6 1h_ 6omplete Art Smythe, Recommendations David Peckler, Hunt Walker West Village Transportation 3 Reviewed with the CIP on David Peckler Facilities A. Est 1 St and 15 th 34 icil asked that staff tc packet 12 -05 -11 review previous planning work on this project at a future meeting. Staff Development 3 July 5 h (Complete). Russ Forrest Town Fiscal Sustainability 3 September 12 (Complete) Marianne and Russ Forrest Other Pending Actions The following is a summary of actions that either the Council has requested or actions staff has proposed. Staff Action Status Date to follow -up Contact I I w/ Council Planning Chris Conrad Sign Code Planning will review current sign code December 5, and discuss revisions with the Town 2011 Council Planning Development Staff will review input from customers December 5, Review Process on the development review process 2011 and make recommendations on improving the process. Town Clerk Rhonda Paperless Council directed Staff to implement a October 3, 2011 Coxon Packets for paperless packet. Staff has purchased Council (Pads to implement this direction. Public Works Public Works Creation of a Council requested that a discussion be Trails Committee parking area scheduled in the future with input from update to Council across from staff on the costs and other design on Master Public Work site implications for creating trail head planning new trail for the Tom parking that historically was there. This systems Blake Trail idea has been integrated into the planning for new trails on Town and Count (Droste) lands. Public Works Determine if The Solid Waste Team has been January 2012 there is a low asked for a recommendation and cost ($1 -$2 budget on how to improve the aesthetic thousand) of the Faraway Dumpster recognizing a cosmetic policy discussion will occur about improvement of whether this form of garbage collection the Faraway is the best alternative. Dum ster Public Information Officer 35 tc packet 12 -05 -11 Lesley PTRAB Invite PTRAB to meeting to review December 19 Compagnone expectations, previous accomplishments, and future plans. Prepare a memo on these topics for the Council's packet. Lesley Review sister There was interest by two Council Council directed Compagnone city materials members to attend a sister city meeting Staff to prepare a with Council in a in Aspen and to review previously letter to the TM report prepared materials on the topic potential Japanese sister city declining this offer. 36 tc packet 12-05-11 SNOWMASS VILLAGE TOWN COUNCIL SPECIAL MEETING AGENDA DECEMBER 07, 2011 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 1:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS (5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: REVIEW OF BUSINESS PLAN AND DISCUSSION OF BOARD GOVERNANCE OF THE MARKETING SPECIAL EVENTS AND GROUP SALES BOARD (MSEGS) (Time:120 Minutes) ACTION REQUESTED OF COUNCIL: Specific Topics include: History of MSEGSB and related taxes Governance Structure Review 2012 Goals and Measurements --Susan Hamley /MSEGS Board ..................Page (TAB Item No. 5: MANAGER'S REPORT (Time: 10 minutes) --Russell Forrest .............................No Packet Materials Item No. 6: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 2 hours (excluding items 1-3 and 8 —11) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. 37 tc packet 12 —05 —11 1st Draft SNOWMASS VILLAGE TOWN COUNCIL SPECIAL MEETING AGENDA DECEMBER 12, 2011 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS (5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: PUBLIC HEARING 2011 ROAD MILL LEVY FUND: (Time: 10 Minutes) TO RECEIVE PUBLIC COMMENT ON RESOLUTION NO. 28, SERIES OF 2011 ON THE TOWN OF SNOWMASS VILLAGE ROAD MILL LEVY FUND FOR THE YEAR 2012 ACTION REQUESTED OF COUNCIL: Receive public comment on the attached project list, and consider the public input when developing the 2012 Road Fund bid package. Hunt Walker/Marianne Rakowski ...................Page 1 (Tab A) Item No. 5: RESOLUTION NO. 28, SERIES OF 2011 LEVYING PROPERTY TAXES FOR THE TOWN OF SNOWMASS VILLAGE (Time. 5 Minutes) ACTION REQUESTED OF COUNCIL: Review, modify, approve or deny Resolution No. 28, Series of 2011 --Marianne Rakowski ...........................Page 3 (TAB B) Item No. 6: MANAGER'S REPORT (Time: 10 minutes) --Russell Forrest Page (TAB Item No. 7: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 2 hours (excluding items 1-3 and 8 —11) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. 38 tc: packet 12-05-11 SNOWMASS VILLAGE GENERAL IMPROVEMENT DISTRICT NO. 1 AGENDA DECEMBER 12, 2011 CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: RESOLUTION NO. 3, SERIES OF 2011 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2012 FOR GENERAL OPERATING EXPENSES OF THE SNOWMASS VILLAGE GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE TOWN OF SNOWMASS VILLAGE, FOR THE 2012 BUDGET YEAR --Marianne Rakowski ...........................Page 1 Item No. 3: ADJOURNMENT 39 tc packet 12 -05 -11 4th Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA DECEMBER 19, 2011 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: REVIEW OF PTRAB EXPECTATIONS AND ACTIONS (Time: 10 minutes) Russell Forrest ...........................Page (TAB Item No. 5: DISCUSSION POLICY DIRECTION AND RECOMMENDATIONS TO STAFF REGARDING POTENTIAL LAND USE CODE AMENDMENTS TO IMPROVE REVIEW PROCESSES AND PROCEDURES (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Discuss and provide direction to staff concerning potential code amendments -Chris Conrad Item No. 6: RESOLUTION NO. 36 SERIES OF 2011 EOTC BUDGET A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, APPROVING THE INITIAL 2012 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES AND USE TAX (Time: 10 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 36, Series of 2011 -David Peckler Item No. 7: FOLLOW —UP ON NEXT STEPS FOR CIP PLANNING (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Provide direction on proposed next steps -Hunt Walker 40 tc packet 12-05-11 12 19-11 I Page 2 of 2 Item No. 8: MANAGER'S REPORT (Time: 10 minutes) --Russell Forrest ...........................Page (TAB Item No. 9: AGENDA FOR NEXT TOWN COUNCIL MEETING I I Page (TAB Item No. 10: APPROVAL OF MEETING MINUTES FOR: Page (TAB Item No. 11: COUNCIL COMMENTS/COMMITTEE REPORTS /CALENDARS I I Page (TAB Item No 12: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 2 hours (excluding items 1-3 and 9 —12) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. 41 tc packet 12 -05 -11 1 SNOWMASS VILLAGE 2 REGULAR MEETING MINUTES 3 SEPTEMBER 21, 2011 CONTINUED FROM 4 SEPTEMBER 19, 2011 5 6 CALL TO ORDER AT 10:30 A.M. 7 8 Mayor Boineau continued the Regular Meeting of the Snowmass Village Town Council 9 from Monday, September 19, 2011 on Wednesday, September 21, 2011 at 10:34 a.m. 10 11 Item No. 1 ROLL CALL 12 COUNCIL MEMBERS PRESENT: Bill Boineau, John Wilkinson, Markey Butler, and Fred Kucker 13 COUNCIL MEMBERS ABSENT: Jason Haber. 14 15 STAFF PRESENT: Russ Forrest, Town Manager, Hunt Walker, Public 16 Works Director; John Dresser, Town Attorney; Joe 17 Coffey; Housing Manager; Marianne Rakowski, 18 Finance Director; Rhonda B. Coxon, Town Clerk; 19 Dave Joyner, Fleet Supervisor, John Baker, Road 20 Supervisor; Dave Ogren, Solid Waste and Recycle 21 Supervisor; Brandi Lindt, Assistant Finance Director 22 23 PUBLIC PRESENT: Rick Griffin and other members of the public 24 interested in items on today's agenda. 25 26 Council Member Wilkinson noted that today at the Pitkin County Library is an open 27 house celebrating the 25th anniversary of the "new" building. 28 29 Item No. 5 BUDGET TRANSMITTAL AND BUDGET PRESENTATION FOR 2011 30 REVISED AND 2012 PROPOSED BUDGET ACTION REQUESTED OF TOWN 31 COUNCIL 32 33 Finance Director Marianne Rakowski stated she has some new charts that derived from 34 the budget discussion at the Monday, September 19, 2011 meeting. Rakowski reviewed 35 them with Council. 36 37 Assistant Finance Director Brandi Lindt also provided the information regarding the 38 Snowmass Arts Advisory Board monies in escrow to date which consisted of 39 approximately $50,000. She also provided the history of the grant monies that have 40 been given to non profit organizations since 2007. 41 42 tc packet 12 -05 -11 09- 21 -11tc Continuation Minutes Page 2 of 3 42 At this time Rakowski began with the Real Estate Transfer Tax (RETT) Fund. During 43 this discussion Council asked that staff bring back ideas to increase expenditures on 44 Parks and Trails and they would like to have a further discussion about an increase in 45 trail system maintenance. Town Attorney John Dresser reminded the Council that the 46 language is very specific as to what the RETT fund and Marketing Fund can be used for 47 and a change would require an election and vote of the people to change. 48 49 After a very lengthy discussion in regards to the specific language and what could be 50 used for what purpose, Rakowski continued the review of the remaining funds including 51 a slide on revenues and expenditures and then she continued on with the RETT Fund. 52 Recreation Director Andy Worline and Transit Director David Peckler were available to 53 answer questions of Council during this discussion. 54 55 Town Council took at break at this time. 56 57 At this time Rakowski began with the Road Fund and Town Manager Russ Forrest 58 stated that the General Improvement District has paid too much for the GAP section and 59 the Road Fund will be reimbursing approximately $140,000 from 2008 through 2011. 60 This will also add some money to the Sky Cab operation. 61 62 Rakowski and Council reviewed the Road Mill Levy Fund, Lottery Fund, Excise Tax, 63 REOP and the Housing funds. Housing Director Joe Coffey was present to answer 64 questions from Council. There being no further questions by Council they thanked 65 Rakowski for the excellent presentation. 66 67 Forrest noted at the next meeting there will be a request to support a "tent" at the ice 68 skating rink in the Rodeo arena location. He asked that Council keep in mind the 69 discussion of lack of funds to continue the next stage in the planning of this area 70 discussed during the CIP. At this time Council also requested to raise the 2012 Grant 71 Request to $50,000. Town Attorney John Dresser stated that the Town is having 72 trouble collecting trash fees and per the Municipal Code we can send a notice to the 73 County Treasurer and the amount owed can be added to their yearly property taxes. 74 The Council is in favor of this idea and Dresser will send one last notice stating that 75 process if they do not pay before property taxes are due. 76 77 Item No. 6 MANAGER'S REPORT 78 79 EOTC 80 Forrest stated that Thursday, October 21 st is the next EOTC meeting and asked that 81 Council think about the effectiveness of how these meetings are run for discussion at 82 that meeting. 83 84 85 43 tc packet 12 -05 -11 09- 21 -11tc Continuation Minutes Page 3 of 3 86 Item No. 7 AGENDA FOR NEXT TOWN COUNCIL MEETING October 3, 2011 87 Town Manager and Council discussed some minor changes to the October 3, 2011 88 agenda. 89 90 Item No. 9 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS 91 92 Council Member Butler 93 Will be out of town November 11th through the 20th and for the October 3rd meeting. 94 She also stated she and Council Member Kucker will be working on designing the 95 process for the Town Attorney and Town Manager performance reviews. 96 97 Council Member Kucker 98 Will be out of Town October 18th through November 5th. 99 100 Item No. 10 ADJOURNMENT 101 102 At 1:32 p.m. 103 104 Fred Kucker made the motion to adjourn the continuation of the September 19 Regular 105 Meeting of the Snowmass Village Town Council on Wednesday, September 21, 2011. 106 John Wilkinson seconded the motion. The motion was approved by a vote of 4 in favor 107 to 0 opposed. Council Member Haber was absent. 108 109 Voting Aye: Bill Boineau, John Wilkinson, Markey Butler, and Fred Kucker. 110 111 Voting Nay: None. 112 Submitted By, 113 114 115 116 117 Rhonda B. Coxon, CMC 118 Town Clerk 119 44 tc packet 12 -05 -11 1 SNOWMASS VILLAGE 2 REGULAR MEETING MINUTES 3 SEPTEMBER 21, 2011 CONTINUED FROM 4 SEPTEMBER 19, 2011 5 6 CALL TO ORDER AT 10:30 A.M. 7 8 Mayor Boineau continued the Regular Meeting of the Snowmass Village Town Council 9 from Monday, September 19, 2011 on Wednesday, September 21, 2011 at 10:34 a.m. 10 11 Item No. 1 ROLL CALL 12 COUNCIL MEMBERS PRESENT: Bill Boineau, John Wilkinson, Markey Butler, and Fred Kucker 13 COUNCIL MEMBERS ABSENT: Jason Haber. 14 15 STAFF PRESENT: Russ Forrest, Town Manager, Hunt Walker, Public 16 Works Director; John Dresser, Town Attorney; Joe 17 Coffey; Housing Manager; Marianne Rakowski, 18 Finance Director; Rhonda B. Coxon, Town Clerk; 19 Dave Joyner, Fleet Supervisor, John Baker, Road 20 Supervisor; Dave Ogren, Solid Waste and Recycle 21 Supervisor; Brandi Lindt, Assistant Finance Director 22 23 PUBLIC PRESENT: Rick Griffin and other members of the public 24 interested in items on today's agenda. 25 26 Council Member Wilkinson noted that today at the Pitkin County Library is an open 27 house celebrating the 25th anniversary of the "new" building. 28 29 Item No. 5 BUDGET TRANSMITTAL AND BUDGET PRESENTATION FOR 2011 30 REVISED AND 2012 PROPOSED BUDGET ACTION REQUESTED OF TOWN 31 COUNCIL 32 33 Finance Director Marianne Rakowski stated she has some new charts that derived from 34 the budget discussion at the Monday, September 19, 2011 meeting. Rakowski reviewed 35 them with Council. 36 37 Assistant Finance Director Brandi Lindt also provided the information regarding the 38 Snowmass Arts Advisory Board monies in escrow to date which consisted of 39 approximately $50,000. She also provided the history of the grant monies that have 40 been given to non profit organizations since 2007. 41 45 tc packet 12 -05 -11 09 -21 -11 tc Continuation Minutes Page 2 of 3 42 At this time Rakowski began with the Real Estate Transfer Tax (RETT) Fund. During 43 this discussion Council asked that staff bring back ideas to increase expenditures on 44 Parks and Trails and they would like to have a further discussion about an increase in 45 trail system maintenance. Town Attorney John Dresser reminded the Council that the 46 language is very specific as to what the RETT fund and Marketing Fund can be used for 47 and a change would require an election and vote of the people to change. 48 49 After a very lengthy discussion in regards to the specific language and what could be 50 used for what purpose, Rakowski continued the review of the remaining funds including 51 a slide on revenues and expenditures and then she continued on with the RETT Fund. 52 Recreation Director Andy Worline and Transit Director David Peckler were available to 53 answer questions of Council during this discussion. 54 55 Town Council took at break at this time. 56 57 At this time Rakowski began with the Road Fund and Town Manager Russ Forrest 58 stated that the General Improvement District has paid too much for the GAP section and 59 the Road Fund will be reimbursing approximately $140,000 from 2008 through 2011. 60 This will also add some money to the Sky Cab operation. 61 62 Rakowski and Council reviewed the Road Mill Levy Fund, Lottery Fund, Excise Tax, 63 REOP and the Housing funds. Housing Director Joe Coffey was present to answer 64 questions from Council. There being no further questions by Council they thanked 65 Rakowski for the excellent presentation. 66 67 Forrest noted at the next meeting there will be a request to support a "tent" at the ice 68 skating rink in the Rodeo arena location. He asked that Council keep in mind the 69 discussion of lack of funds to continue the next stage in the planning of this area 70 discussed during the CIP. At this time Council also requested to raise the 2012 Grant 71 Request to $50,000. Town Attorney John Dresser stated that the Town is having 72 trouble collecting trash fees and per the Municipal Code we can send a notice to the 73 County Treasurer and the amount owed can be added to their yearly property taxes. 74 The Council is in favor of this idea and Dresser will send one last notice stating that 75 process if they do not pay before property taxes are due. 76 77 Item No. 6 MANAGER'S REPORT 78 79 EOTC 80 Forrest stated that Thursday, October 21 st is the next EOTC meeting and asked that 81 Council think about the effectiveness of how these meetings are run for discussion at 82 that meeting. 83 84 85 46 tc packet 12 -05 -11 09 -21 -11 tc Continuation Minutes Page 3 of 3 86 Item No. 7 AGENDA FOR NEXT TOWN COUNCIL MEETING October 3, 2011 87 Town Manager and Council discussed some minor changes to the October 3, 2011 88 agenda. 89 90 Item No. 9 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS 91 92 Council Member Butler 93 Will be out of town November 11 th through the 20th and for the October 3rd meeting. 94 She also stated she and Council Member Kucker will be working on designing the 95 process for the Town Attorney and Town Manager performance reviews. 96 97 Council Member Kucker 98 Will be out of Town October 18th through November 5th. 99 100 Item No. 10 ADJOURNMENT 101 102 At 1:32 p.m. 103 104 Fred Kucker made the motion to adjourn the continuation of the September 19 Regular 105 Meeting of the Snowmass Village Town Council on Wednesday, September 21, 2011. 106 John Wilkinson seconded the motion. The motion was approved by a vote of 4 in favor 107 to 0 opposed. Council Member Haber was absent. 108 109 Voting Aye: Bill Boineau, John Wilkinson, Markey Butler, and Fred Kucker. 110 111 Voting Nay: None. 112 Submitted By, 113 114 115 116 117 Rhonda B. Coxon, CMC 118 Town Clerk 119 47 tc packet 12 -05 -11 2011 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 Town Town Council Council Meeting Meeting 4:00 m. 1:00 M. 11 12 13 14 15 16 17 Town Council Meeting Ii 18 19 20 21 22 23 24 Town Council Meeting 4:00 m. 25 26 27 28 29 30 31 Christmas Town Hall Day! Closed for Christmas Holiday! WO 48 tc packet 12 -05 -11 2012 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 Town Offices F Closed in Observance New Years of New Years Day! Day! 8 9 10 11 12 13 14 Town Council Meeting 4:00 .m. 15 16 17 18 19 20 21 Martin Luther King's Birthday! 22 23 24 25 26 27 28 Town Council Meeting ii 29 30 31 1 49