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12-05-11 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES DECEMBER 5, 2011 CALL TO ORDER AT 4:00 P.M. Mayor Boineau called to order the Regular Meeting of Snowmass Village Town Council on Monday, December 5, 2011 at 4:05 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Bill Boineau, John Wilkinson, Markey Butler, Jason Haber, and Fred Kucker COUNCIL MEMBERS ABSENT: All council members were present. STAFF PRESENT: Russ Forrest, Town Manager, Hunt Walker, Public Works Director; John Dresser, Town Attorney; Marianne Rakowski, Finance Director; Rhonda Coxon, Town Clerk; Chris Conrad, Planning Director; Susan Hamley, Marketing Director PUBLIC PRESENT: Mel Blumenthal, Steve Sewell, David Corbin, Dave Bellack, Christian Knapp, Mike Kaplan and David Perry, Don Schuster, Jon Peacock, Dale Will, Tom Oken and other members of the public interested in today's agenda items. Item No. 2 PUBLIC NON AGENDA ITEMS There were no public non agenda Items. Item No. 3 COUNCIL UPDATES Council Member Kucker commented on the wonderful, meaningful "Celebration of Life" he attended for Carolyn Purvis on Sunday. Council Member Wilkinson reminded the public of the Holiday Open House at Anderson Ranch on Thursday of this week. Mayor Boineau reminded the public of the "Loving Tree" benefiting Hospice event at the Silvertree Hotel at 5:00 p.m. on Tuesday of this week. 12 -05 -11 tc Minutes Page 2 of 7 Item No. 4 ASPEN SKI COMPANY SEASONAL UPDATE CEO and President of the Aspen Skiing Company, Mike Kaplan presented introductory remarks and Steve Sewell, General Manager of Snowmass Mountain reviewed Winter 2011 -2012 and Summer of 2011 operations. David Perry, Senior Vice President of Mountain Division reviewed business trends and the winter forecast. Christian Knapp, Vice President of Marketing provided information on the brand positioning and the marketing campaign including a social media update. Council asked various questions of the ASC relating to tubing, night skiing, the Elk Camp Restaurant, free bus service and the Ice Age Discovery. Council expressed their thanks for the update and good luck for the winter season. Town Council took a short break at this time. Item No. 5 DISCUSSION COMMUNITY SIGNAGE REGULATIONS RELATING TO TEMPORARY OFF PREMISE AND SANDWICH BOARD SIGNAGE Planning Director Chris Conrad stated that due to recent citizen complaints concerning banners and /or sandwich board signs along Fanny Hill, he has provided the zoning regulation concerning temporary signage, specifically sandwich board or A -frame signs and banners, as outlined below: Municipal Code Section 16A- 4- 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 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. 12 -05 -11 tc Minutes Page 3of7 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. Conrad provided some information from other communities allowing banner and sandwich board or portable signs. Conrad is asking for direction from Council in regards to these two areas and then he would like to address enforcement. Council consensus was to work with the mall owners and tenants on an agreement of what number will work all those involved. The solution should include a buy -in from Council, the landowner and the tenant. The landowners have Comprehensive Plans but they are not enforcing them with their own tenants. The actual violators are the landowners within the mall and other areas with sandwich boards. The next discussion was about banners. It was decided that temporary banners for events are ok but not banners that are hung for an entire season. Conrad will bring back a proposal for Council to review. Item No. 6 RESOLUTION NO. 35, SERIES OF 2011 DROSTE ACQUISITION IGA Town Manager Russ Forrest and Town Attorney John Dresser stated that 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, while the Transportation question provided 5 years of increased revenue dedicated to transit operations. As a result of the Droste ballot question approval, PitCo submitted a draft IGA to TOSV to memorialize the TOSV 12 -05 -11 tc Minutes Page 4of7 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 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: 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 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. 12 -05 -11 tc Minutes Page 5of7 TOSV 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. The current IGA has not been approved by Council and no payments have been tendered to PitCo. The County fees TOSV chose this form of payment and it comes with this tax. 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. After a lengthy discussion with Jon Peacock and Tom Oken of Pitkin County the Council asked that they work the back -stop language with TOSV staff and come back to the December 19, 2011 Council Meeting. Russ Forrest stated there are three options: 1.) pay the $40K, use the Motor Vehicle Specific Ownership Tax, or the third option is paying the original amount agreed on. Markey Butler made the motion to table Resolution No. 35, Series of 2011 to the December 19, 2011 regular Town Meeting. Jason Haber seconded the motion. The motion was approved by a vote of 4 in favor to 1 opposed. Council Member Kucker was opposed. Voting Aye: Bill Boineau, John Wilkinson, Markey Butler, and Jason Haber. Voting Nay: Fred Kucker Markey Butler made the motion to approve the direction to staff to work with Pitkin County on the back stop language. Jason Haber seconded the motion. The motion was approved by a vote of 4 in favor to 1 opposed. Council Member Kucker was opposed to the direction. Voting Aye: Bill Boineau, John Wilkinson, Markey Butler and Jason Haber Voting Nay: Fred Kucker Item No. 7 MANAGER'S REPORT Russ Forrest noted that Marketing, Group Sales and Special Events Board and the Financial Advisory Board will be ready to meet with Council at a Special Meeting on Wednesday, December 7, 2011, and that packet has been distributed. 12 -05 -11 tc Minutes Page 6 of 7 Russ Forrest also noted that the Roaring Fork Conservancy would like to provide Council with a presentation on the Watershed Plan. They have presented to the Snowmass Water and Sanitation District and now they would like to come before the Town. Council directed staff to put it on an upcoming meeting. Item No. 5 AGENDA'S FOR THE REST OF THE YEAR December 7, 2011 Special Meeting December 12, 2011 Special Meeting December 12, 2011 GID Meeting Agenda December 19, 2011 Regular Meeting Russ Forrest and Council reviewed the agendas for the remaining of 2011. Item No. 9 APPROVAL OF MEETING MINUTES FOR: September 19, 2011 Regular Meeting September 21, 2011 Continuation of September 19, 2011 Town Clerk Rhonda Coxon noted that the Sept. 21, 2011 minutes were the only set available for approval. The Sept. 19, 2011 set will be in the next Council packet. Markey Butler, made the motion to approve the Minutes for the Snowmass Village Town Council Meeting of September 21, 2011. John Wilkinson, seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Bill Boineau, John Wilkinson, Markey Butler Jason Haber, and Fred Kucker Voting Nay: None. Item No. 10 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Council Member Haber noted he will be attending a Ruedi Water and Power Board meeting this week. Council Member Wilkinson noted there is no RFTA meeting for the month of December. Council Member Kucker stated he and Council Member Butler have finished the performance reviews of the Town Manager and Town Attorney. Item No. 11 EXECUTIVE SESSION At 5:36 p.m. Bill Boineau made the motion to approve entering in to Executive Session to specifically discuss three items, John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 12 -05 -11 tc Minutes Page 7 of 7 Voting Aye: Bill Boineau, John Wilkinson, Markey Butler, Jason Haber, and Fred Kucker Voting Nay: None. Town Council will now meet in Executive Session pursuant to C.R.S. 24 -6- 402(4) and Snowmass Village Municipal Code Section 2- 45(c), to specifically discuss one 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(c)(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. At 7:14 p.m. Fred Kucker, Council Member made the motion to reconvene to the Regular Meeting of December 5, 2011, Markey Butler seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, John Wilkinson, Markey Butler, Jason Haber, and Fred Kucker. Voting Nay: None. Item No. 12 ADJOURNMENT At 7:15 p.m. Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, December 5, 2011. Jason Haber seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, John Wilkinson, Markey Butler, Jason Haber, and Fred Kucker Voting Nay: None. Sub d By, Rhonda B. Coxon, CMC Town Clerk