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09-23-13 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES SEPTEMBER 23, 2013 CALL TO ORDER AT 400 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, September 23, 2013 at 4:02 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Bill Boineau, Jason Haber, Fred Kucker, and Chris Jacobson. COUNCIL MEMBERS ABSENT: Markey Butler. STAFF PRESENT: Gary Suiter, Interim Town Manager, Rhonda B. Coxon, Town Clerk; Marianne Rakowski, Finance Director; John Dresser, Town Attorney; Jim Wahlstrom, Senior Planner; Mark Kittle, Building Official; Sloan Campi, Planner; Kelly Vaughn, Communications Director PUBLIC PRESENT: Gary Rosenau, Lisa Wilkinson, Elise Thatcher, Jill Beathard, Christian Knapp, Rob Joseph, Steve Alldredge and other members of the public interested in today's Agenda items. Item No. 2 PUBLIC NON-AGENDA ITEMS Lisa Wilkinson a resident of Snowmass Village is very disappointed at the decision of Related to not re-new the lease of the Village Market. She would like for the Council to be aware that at this time no information has been brought forward about essential services being offered during the remodel. She also hope they might encourage Clark's Market to hire current Village Market employees. Gary Roseneau a resident of Snowmass Village spoke to how sad it is to lose this special store and he is hoping someone has a great idea of what can be done to keep this store. Interim Town Manager Gary Suiter spoke to the three options, do nothing, zoning conditions we can look at, or tax you (the residents) to keep the Village Market. It is not government's job to interfere in tenant landlord situations. 09-23-13TC Minutes Page 2 of 7 Item No. 3 COUNCIL UPDATES Council Member Haber noted that he is disappointed that Krabloonik is back in the news again and a black eye on the Village and he would like to revisit this lease as it is on Town land. Council Member Jacobson stated he would like to put together a booklist and he would like to announce this week "Eaarth" by Bill McKibben. He feels with the issues going on in today's government this is an interesting read. Item No. 4 UPDATE ON NWCCOG'S CURRENT PROGRAM AND PROJECTS Executive Director of Northwest Colorado Council of Governments Liz Mullen recapped the highlights and accomplishments of 2013. She noted that this information is located on page 11 of today's Council packet. Mullen reviewed with Council. At this time she reviewed the elevator inspection program and noted the Town's has chosen to use their own program. Council Member Haber would like to review the Town's program and the Town Manager has agreed to forward to him for review. The Council thanked Mullen for the update. Item No. 5 SGM CAPITAL RESERVE PLAN FOR TOWN ASSETS Finance Director Marianne Rakowski and Facility Maintenance Superintendent Nick Reitter per a recommendation from the Financial Advisory Board that the Town create a capital replacement fund for the Town equipment with the buildings as well as for the Town's snow melting systems. During the 2012 revised budget process, the Town Council approved the funding requested to hire a consultant to prepare a capital replacement plan. Schmueser, Gordon and Meyer (SGM) were instructed to develop the replacement plan and to recommend the annual maintenance costs for the various pieces of equipment within each facility. SGM with the assistance of Nick Reitter, Facility Maintenance Superintendent and Hunt Walker, Retired Public Works Director began work on the plan in 2012 and it was completed at the beginning of 2013. The proposed plan was presented to the Financial Advisory Board (FAB) in March of 2013. The FAB forwarded a recommendation at that time to the Town Council, recommending that the annual maintenance costs, the one-time repair costs and the capital replacement costs/reserves be included in the 2013 revised and future budgets. In addition to the recommendation, the FAB put together a sub-committee consisting of FAB members, SGM and Town staff to further analyze all of the components that make up the plan and to report their findings to the FAB. In April, 2013, the sub-committee reported back to the Board with their changes that were incorporated within the plan, and the FAB recommended that the plan be funded. In August, 2013, the FAB and staff completed a final review of the capital replace ment/reserve plan including the financial impacts on the various funds and 09-23-13TC Minutes Page 3 of 7 recommended extending the replacement periods on some of the equipment, which staff completed and are incorporated as part of the plan attached to this memorandum. The Town Council approved the funding of the annual maintenance and one-time costs in May 2013. The funding of the capital replacement/reserve plan was also approved pending the presentation of the reserve plan at a future Council meeting. Action requested of Council is to accept, modify or reject the capital reserve plan. After discussion the Council accepted the plan and the cost of the program is to be included in the upcoming budget discussion on October 9, 2013. The Council also thanked the Financial Advisory Board for their work on this project. Item No. 6 DEADLINE TRAIL FUNDING REQUEST Recreation Center Director Andy Worline first introduced Ted O'Brien the Parks and Trails Manager for the Town of Snowmass Village. The purpose of today's discussion is to update Council on the possible construction of Deadline Trail and request funding of $8,500 to have the trail built in early fall of 2013. The City of Aspen and Pitkin County have committed matching funds for this project. This request is contingent upon 100% commitment of matching funds. Fred Kucker made the motion to approve the funding request for $8,500 for Deadline Trail. Chris Jacobson seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Bill Boineau, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Item No. 7 RESOLUTION NO. 26 SERIES OF 2013 - APPOINTING NEW MEMBERS TO THE MARKETING GROUP SALES AND SPECIAL EVENTS BOARD AND THE PART TIME RESIDENTS ADVISORY BOARD Town Clerk Rhonda Coxon stated there were two vacancies created by an expiration of terms and positions that were open from last year. A notice has been posted and published in accordance with the Home Rule Charter. She requested the Council interview and appoints these two applicants to the respective Boards. Christian Knapp is applying for the opening on the Marketing, Group Sales and Special Events Board and Muriel Eulich is applying for the Part Time Residents Advisory Board. Fred Kucker made the motion to approve Resolution No. 26, Series of 2013 appointing new board members. Jason Haber seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Bill Boineau, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Item No. 8 SUMMER EVENTS LAWN 09-23-13TC Minutes Page 4 of 7 Town Council took a break at this time. Town Attorney John Dresser presented this item for Fred Brodsky who is out of Town and he stated that when it comes to bringing significant amounts of summer group business to mountain destinations there are two "must have's." The first is significant amounts of meeting space for traditional meetings groups and the second is flat space for social/ recreational groups. While adding meeting space is a very expensive proposition, we do have a unique opportunity to add flat space in the core of the village. He stated that we have entered into a discussion with the Aspen Ski Company and Related to create a flat lawn at the Base of Fannie Hill (beside the VX lift and where the volleyball court is). Attached is a schematic detailing a plan to create this flat sodded lawn which will be approximately 22,500 square feet with good electrical access allowing us to run a myriad of different events and group functions. As we have garnered approval to move forward with the project from the Events Advisory Committee and the Marketing, Special Events & Groups Sales Board we have contracted with Summit Construction to draw up the plans and ultimately oversee the construction if approved. Summit intimately understands Base Village and has solid relationships with both the Aspen Ski Company and Related and was recommended to manage the project. The request is for Town Council approval of using $150,000 of unappropriated funds. Yan Baczkowski was present at the meeting to answer questions of Council. Fred Kucker made the motion to approve the request for $150,000 out of unappropriated funds. Bill Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Bill Boineau, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Town Council took a break at this time. Item No. 9 DISCUSSION - ORDINANCE NO. 1 SERIES OF 2013 AN ORDINANCE TO ADOPT THE 2012 INTERNATIONAL GREEN CONSTRUCTION CODE WITH AMENDMENTS Chris Green from Ago Studios provided a PowerPoint presentation explaining the background, sustainability, codes, standards, rating, Snowmass Village sustainability initiatives, an overview of the IgCC including the areas of proposed Snowmass Village amendments, a comparison review of the IgCC vs Existing standards and a financial discussion stating value of the IgCC. David Corbin from the Aspen Skiing Company provided feedback for the Council and Green. After a very lengthy presentation the Town Council thanked everyone for all their hard work on the amendments to International Green Construction Code to fit the needs and branding of Snowmass Village. Council directed staff to bring forward an ordinance for first reading. 09-23-13TC Minutes Page 5 of 7 Town Council took a break at this time. Item No. 10 EMERGENCY ORDINANCE NO. 9 SERIES OF 2013 - AN ORDINANCE ENACTING A TEMPORARY MORATORIUM REGARDING THE ESTABLISHMENT OF ANY NEW MEDICAL MARIJUANA FACILITY OR RETAIL MARIJUANA ESTABLISHMENT IN THE TOWN OF SNOWMASS VILLAGE Town Attorney John Dresser state on November 6, 2012, Colorado voters passed Amendment 64 to the State Constitution which provides that persons 21 years of age and older may legally possess and consume one ounce or less of marijuana without a medical need, and for retail marijuana sales to be taxed and licensed similar to alcohol sales. He stated that staff recommends that Town Council enact on an emergency basis to comply with the State mandated deadline of October 1, 2013 a moratorium prohibiting retail marijuana establishments in the Town of Snowmass Village to July 1, 2014 in order to analyze and determine a course forward with input from the community. Town Council would like to discuss this issue at a future work session. Fred Kucker made the motion to approve a roll call vote for an Emergency Ordinance enacting a temporary moratorium regarding the establishment of any new medical marijuana establishment in Snowmass Village. Chris Jacobson seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Bill Boineau, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Item No. 11 MANAGER'S REPORT Items discussed within the Manager Report included: 1) Ice Rink 2) Postponed Work Session for October 14, 2013 3) Department Head Searches 4) Brush Creek Utilities 5) Summer Events De-brief Item No. 12 AGENDA FOR NEXT TOWN COUNCIL MEETING • October 7, 2013 - Regular Meeting • October 9, 2013 - Special Meeting Council and staff discussed and made appropriate changes. Item No. 13 APPROVAL OF MEETING MINUTES FOR • August 12, 2013 - Special Meeting • August 19, 2013 - Regular Meeting Fred Kucker made the motion to approve as amended the meeting minutes for the Special Meeting of the Snowmass Village Town Council on Monday, August 12, 2013. 09-23-13TC Minutes Page 6 of 7 Jason Haber seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Bill Boineau, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Fred Kucker made the motion to approve the meeting minutes for the Regular Meeting of the Snowmass Village Town Council on Monday, August 19, 2013. Jason Haber seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Bill Boineau, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Item No. 14 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS There were no items for discussion at this time. Item No. 15 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) Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24-6-402(4)(e) and Snowmass Village Municipal Code Section 2-45(c)(5); and b) 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); c) Personnel matters, except if the employee who is the subject of the session has requested an open meeting, pursuant to C.R.S. 24-6- 402(4)(f)(1) and Snowmass Village Municipal Code Section 2- 45(()(6); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the purposes 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 7:25 p.m. Bill Boineau made the motion to enter closed session Fred Kucker seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. 09-23-13TC Minutes Page 7 of 7 Voting Aye: Bill Boineau, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. At 8:56 p.m. Fred Kucker made the motion to approve reconvening to the Regular Meeting of the Snowmass Village Town Council on Monday, September 23, 2013. Bill Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Bill Boineau, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Item No. 16 ADJOURNMENT At 8:57 p.m. Bill Boineau made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, September 23, 2013. Chris Jacobson seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Bill Boineau, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. This set of minutes was approved at the Regular Meeting of the Snowmass Village Town Council on Monday, November 4th, 2013. Submitted By, Rhonda B. Coxon, CMC Town Clerk