Loading...
10-21-13 Town Council MinutesSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES OCTOBER 21, 2013 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, October 21, 2013 at 4:46 p.m. mzms "! � COUNCIL MEMBERS PRESENT: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris Jacobson. COUNCIL MEMBERS ABSENT: All council members were present. STAFF PRESENT: Gary Suiter, Town Manager; John Dresser, Town Attorney; Art Smythe, Chief of Police; Marianne Rakowski, Finance Director; Rhonda B. Coxon, Town Clerk; Brandi Lindt, Assistant Finance Director; David Peckler, Transit Director; John Baker, Road Supervisor; Andy Worline, Rec Director; and Mark Kittle, Chief Building Inspector PUBLIC PRESENT: Mike Segrest, Jeff Tippett, Steve Sewell, Janice Vos Caudill, Joe Farrell, Joe Krabacher, David Corbin, Matt Foley, Christian Knapp, Ricki Newsman, Pat Smith, Jill Beahard and other members of the Public interested in today's Agenda items. Jeff Tippett resident of Snowmass Village and a member of the trails board come before Council today to speak to trails and possibility of receiving money from the Marketing Department. He noted that there is a need for beginner trails and some new signage. He also noted that the Ski Company has a successful Nordic Trails we could expand on. He commented that some paved trails are in need of replacement. Town Manager Gary Suiter and Andy Worline spoke to the need for approximately 1.6 million in repairs and this year there is $20,000 to help start this program. The Trails Master Plan will be coming before Council in the near future and Worline has spoken to Pitkin County in regards to a replacement plan. The Council would like the Financial Advisory Board to look at this project for the future. 10- 21 -13TC Minutes Page 2of8 Rickie Newman a resident of Aspen would like to thank the Council for having a discussion on the current issues surrounding Krabloonik and spoke to the code; and for continuing looking into this situation and leave no stone unturned. Council Member Jacobson spoke to the article on the Fall Face Off going on in Aspen an hats of the AHA for bringing 20 teams and revenue to Aspen. • ` t c Pitkin County Clerk and Recorder Janice Vos was present to explain the new laws for County Clerks across Colorado. Over 75% of Colorado voters have requested mail ballots. With the new bill HB1303 every voter is receiving a mail ballot throughout Colorado. She reviewed the changes, in voter registration and residency. Early voting is still offered by the County Clerks office. The biggest change is you do not have to vote at your precinct you may now vote in one of three service centers within your County and she provided the location of the three centers. Vos also reviewed the questions that are on the ballot this year. Mike Kaplan, President/CEO, Christian Knapp, Vice President of Marketing, David Corbin, Vice President of Planning Development and Steve Sewell, General Manager of Snowmass Mountain were present and provide and update of summer 2013 and what is coming up for winter 2013 -2014. The items covered included winter business recap, snow depths, occupancy, airline seat discussion, and summer on the mountain; Elk Camp restaurant and Ullr Nights, Ziegler Pond and review of the Mountain Bike Master Plan. There was also a discussion on the Lime Light Hotel and overall bed base within the Aspen and Snowmass area. Town Council took a break at this time. -, . .• Mayor Boineau opened the Public Hearing for the Road Mill Levy Fund at 5:36 p.m. and Town Clerk Coxon noted that all posting and publishing requirements have been meet according to the Municipal Code. Acting Public Works Director John Baker stated within todays packet is a draft list of Road Fund projects for 2014. He noted it is anticipated that a majority of the funds available will be used to perform asphalt overlays on the roads listed. In March of 2014 staff will inspect the roads again, and make additions or deletions to the project list, and develop an asphalt overlay bid package in April of 2014. 10- 21 -13TC Minutes Page 3 of 8 Mayor Boineau asked if there were any further comments from the Public there being none he closed Public Hearing at 5:50 p.m. Fred Kucker made the motion to approve Resolution No. 24, Series of 2013 approving the 2014 Budget for all funds. Markey Butler seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Mayor Boineau opened the Public Hearing to receive comments from the Public at 5:54 p.m. Finance Director Marianne Rakowski stated that this resolution adopts and appropriates the fund for the 2014 Budget for all funds of the Town of Snowmass Village. She noted that the Council reviewed the 2014 Proposed Budget for all funds of the budget on October 9, 2013 and this resolution includes all the adjustments approved at that time by Council. There being no further comments from the Public, Mayor Boineau closed the Public Hearing at 5:58 p.m. THE 2013 BUDGET Markey Butler made the motion to approve first reading of Ordinance No. 8, Series of 2013 - amending the 2013 Budget for all funds of the Town of Snowmass Village. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. CODE AMENDMENTS 10- 21 -13TC Minutes Page 4 of 8 Chief Building Inspector Mark Kittle noted that this is second reading of the 2012 International Green Construction Code (IgCC), he noted there were no changes since first reading of the ordinance. This ordinance will take effect on December 1, 2013. Markey Butler made the motion to approve at second reading with a roll call vote Odinance No. 1, Series of 2013 - International Green Construction Code. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. One a c l' .� ii•, ' ■ it # i � � ' Chief Building Inspector Mark Kittle noted that this is second reading of the 2012 International Energy Conservation Code (IECC), he noted there were no changes since first reading of the ordinance. This ordinance will take effect on December 1, 2013. Jason Haber made the motion to approve at second reading with a roll call vote Ordinance No. 10, Series 2013 - International Energy Conservation Code (IECC). Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Listed below are the items that were discussed with the Manager's Report: 1) Public Works Director 2) Ice Rink status 3) Brush Creek Utilities 4) No Events for ATUP's 5) Krabloonik Lease Review 6) Base Village Commercial Units - Requires a response 10- 21 -13TC Minutes Page 5 of 8 Town Manager Gary Suiter has provided Council with a copy of the Krabloonik and also noted that the General Manager Guy Courtney is in negotiations to purchase Krabloonik with Dan MacEachen. Suiter also reviewed the terms of the lease and noted it is a standard landlord tenant lease. He noted that September 25, 2016 the owner is able to purchase lot 45 and all it's assets; this is the entire operation dogs and restaurant. At this time Mayor Boineau allowed some comments from the Public. David Myler an attorney who has represented Dan MacEachen for many years noted there are some members of the community that would like to speak in favor of Krabloonik. He noted they do not want to debate issues but have prepared a short presentation she would like to show the Town Council. Cindy LaMar a resident of Snowmass Village provided a short video of the dogs in all ages and range of size. She admitted she had never been to Krabloonik and was reading the paper and decided for herself to investigate and spent a wonderful day with the dogs and Krabloonik staff. Dan MacEachen and Guy Courtney welcome anyone to come visit. Base Village Commercial Units - Supplemental Packet Materials Town Manager Gary Suiter noted that after the packet deadline he received a request 'from Snowmass Acquisition Company concerning Commercial Unit 3D -3, used by a variety of food and beverage operators since originally opening as "The Sweet Life ". Slice Pizza currently operates on the second level and the village level is currently vacant. Aspen Skiing Company, dba Beginner Magic, would like to use the space for skier services, citing that skier services are insufficient to meet the demands of Snowmass guests seeking ski /snowboard rentals. They would like to expand Beginner Magic from 1,352 sq. ft. to 2,237 sq. ft. occupying the Village level of Commercial Unit 3D -3. This request is time - sensitive, since the Tenant would like to have the space open for business by Thanksgiving. Suiter noted there is a memo attached from Snowmass Acquisition Company for Council review. Arnie Mordkin former Council Member and Attorney in Snowmass Village noted that the Town Council does not have the authority to make this action. He noted that the covenants assigned to food and beverage is noted in 3.01 paragraphs (d states until and unless the property goes unrented for 6 months and town does not want to buy or the landowner does not rent for 3 months. He does not like the Council giving away his right and the community's right on a Manager's report with no public input. Attorney Joe Krabacher representing Snowmass Acquisition Company and Matt Foley from Related was available with detailed information and to answer questions of Council. Dave Corbin representing the Aspen Skiing Company spoke on behalf of the Aspen Skiing Company who is the tenant spoke to the need for additional skier services in the 10- 21 -13TC Minutes Page 6 of 8 Base Village area. The demand is high and the guest experience is lacking at times. Mike Segrest previous Town Manager and resident of Snowmass Village stated to the Council he supports the Annual Temporary Use Permit for a year at a time. Keith Long a 40 year resident and employee working at Aspen Sports but not speaking on behalf of Aspen Sports spoke to the Beginner Magic program that all ski shops used to participate in and then Ski Company made lessons, lift tickets and rentals exclusive to the Aspen Ski Company owned businesses. Bill Boineau made the motion to approve allowing the landlord to use the additional 875 sq ft in Unit 3D -3 for skier services for the current tenant only. Fred Kucker seconded the motion. The motion was approved by a vote of 3 in favor to 2 opposed. Council Member Butler and Haber were opposed. Voting Aye: Bill Boineau, Fred Kucker, and Chris Jacobson. Voting Nay: Markey Butler, and Jason Haber. Item No. 12 AGENDA FOR NEXT TOWN COUNCIL MEETING * November 4, 2013 Council Member Kucker will not be here for the November 4, 2013 meeting. Council Member Jacobson noted he is still uncomfortable with the Marketing Budget and would like an update in the future. Town Clerk Coxon noted that the EOTC is on October 24, 2013 not on October 17, 2013, pertaining to the calendars in the packet. National Mental Health Board Meeting in Carbondale on Thursday and Council Member Butler will attend. Council Member Haber attended a Board retreat for Rudi Water and Power Authority. He also attended the Discovery Board. He also noted the CAST meeting is in Basalt this Friday. Town Attorney Dresser asked that Council discuss and choose dates for the Executive Search for the Town Manager. Item No. 14 EXECUTIVE SESSION At 7:45 p.m. 10- 21 -13TC Minutes Page 7 of 8 Bill Boineau made the motion to enter closed session Markey Butler seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris Jacobson. 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 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 8:31 p.m. Fred Kucker made the motion to reconvene to the Regular Meeting of the Snowmass Village Town Council, Jason Haber seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 10- 21 -13TC Minutes Page 8of8 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Item No. 15 ADJOURNMENT Markey Butler made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council, Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Markey Butler, 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, January 6, 2014.