Loading...
02-01-10 Town Council Minutes SNOWMASS VILLAGE TOWN COUINCIL REGULAR MEETING MINUTES MONDAY, FEBRUARY 1, 2010 CALL TO ORDER AT 4:00 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, February 1, 2010 at 4:01 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Arnold Mordkin arrived at 5:30 p.m. COUNCIL MEMBERS ABSENT: All council members were present. STAFF PRESENT: Russ Forrest, Town Manger; John Dresser, Town Attorney; Hunt Walker, Public Works Director; Marianne Rakowski, Finance Director; Chris Conrad, Planning Director; Jim Wahlstrom, Senior Planner; David Peckler, Transit Manager; Lesley Compagnone, Public Relations Director; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Doug Casebeer, Mel Blumenthal, Ian Long, George Bletsas, Howard P. Foley, Charlie Podolak, Rich Burkley, Andrew Light, Bill Moriarty and other members of the Public interested in items on today's Agenda. Item No. 2 PUBLIC NON AGENDA ITEMS Ian Long, resident of Snowmass Village, spoke of the economy in Snowmass Village, particularly construction within the Village or lack thereof. He would like to meet with staff and Council in regards to a taskforce to put together a stimulus package for homeowners to boost business within the Town of Snowmass Village. George Bletsas member of the PTRAB spoke to the newspaper article and the controversy regarding the concerts on Fanny Hill. 02- 01 -10tc Minutes Page 2 of 8 Town Manager Russ Forrest spoke to the clarification of the March 19, 2007 Public Hearing in the Regular Council meeting. He explained the action to have a Public Hearing occurred by the Marketing Board due to the major shift in the program. There was a discussion first on the legality of the Liquor Laws, then Susan Hamley made a brief presentation on the format with a great emphasis on ensuring there would be affordable drinks and that there would be commitment for good service of the alcohol. This is still the case today. Hamley noted if non profits were willing to volunteer during a concert that night's net proceeds would go that particular non profit. This did happen the first year and this was not direction from Town Council but a staff suggestion. Madeleine Osberger editor of the Snowmass Sun stated there is difference between an article and a column. Articles are based on facts and columns on opinions. She apologized to Susan Hamley for any hurtful comments. Item No. 3 COUNCIL UPDATES X Games Council Member Lewis thanked all the athletes, sponsors and people involved in every aspect of the X Games for all their hard work. Olympics Council Member Lewis wished good luck to all those contestants from the Roaring Fork Valley performing in the upcoming Olympics. Item No. 4 RESOLUTION NO. 13 SERIES OF 2010 -APPROVING EOTC BUDGET Transit Manager David Peckler spoke to the EOTC Budget; this is the 2009 revised and the 2010 proposed. The budget is attached to the Resolution. This budget was discussed at two past meetings, one being the EOTC retreat held on August 6, 2009 and the other a Regular EOTC Meeting held on October 15, 2009. Major concerns at that time were about the reserves and the funding capabilities of the 1/2 sales and use tax. In the retreat there was an approval by Resolution to support the service through this winter season. In the October meeting there was also a vote to approve the funding for the Free Fare Service through the end of the winter season unless another funding mechanism was found to subsidize this service. Council Member Butler was the only Council Member present for that discussion. Peckler stated this is how we got to the budget documents before you today. Council Member Wilkinson spoke against this budget and cannot vote in favor of this resolution; he feels the Free Fare Service between Aspen and Snowmass Village should be continued. 02- 01 -10tc Minutes Page 3 of 8 Council Member Wilkinson stated he is not in favor of discontinuing the Free Fare Service as it has been proven to be successful; it gets people off the roads and into buses. He stated it is not a benefit just for Aspen, or just Snowmass Village but the entire upper Roaring Fork Valley. Council Member Butler stated she was the only representative from Snowmass Village available during this EOTC meeting and there should be a quorum from Snowmass Village Council for a vote to be taken. A valid vote would take three members of the Snowmass Village Town Council. Butler also suggests getting the taskforce up and running and report back to EOTC. Town Manager Russ Forrest reminded everyone that RFTA commissioned a study that indicated that Aspen residents and guests benefited as much as Snowmass Village residents and guests. Town Council directed staff to change the Resolution and it's attachment to approve only the RFTA budget at this time. This resolution will be on the March 1, 2010 Town Council agenda. Item No. 5 PROVIDE DIRECTION TO ASPEN SKIING COMPANY CONCERNING OPERATION OF THE GONDOLA AS PER THE SKI RESORT OPERATOR DEVELOPMENT AGREEMENT Town Manager Russ Forrest stated that the Aspen Skiing Company (ASC) has requested that the Town determine whether they would like to initiate summer operations using the Elk Camp Meadows Gondola as per the 2004 Ski Resort Operator Agreement. Council is requested to choose whether they would like to initiate the three year commitment for the ASC to run the Elk Camp Gondola with a written notice to ASC or continue to run and pay for summer operations as the Town has historically done with Burlingame lift. Aspen Skiing Company representatives David Perry, Victor Gerdin and Steve Sewell presented a PowerPoint presentation for Town Council regarding the summer operation proposal which includes Elk Camp Gondola operation, Elk Camp Chairlift operation, food and beverage, biking and hiking access, family activities, Camp Aspen and Snowmass activities and banquet opportunities. This is an offer by the Skiing Company to operate the Elk Camp Lift in 2010 and to develop amenities and new trails for the summer. This option allows the Town to fund other summer programs since it would not need to fund summer lift operations. Marketing for a new summer lift operation would begin immediately. This would be helpful from a budgetary standpoint this year and provide a needed economic boost (in a difficult economic year) for this summer by providing a new amenity on Snowmass Mountain. The other side of the argument is that base village is not significantly 02- 01 -10tc Minutes Page 4 of 8 complete. The anticipated bed base as envisioned in 2004 is not available in 2010. This will be a difficult year from a financial standpoint, and one can reasonably expect a larger financial loss in a summer operational program. The Company will need 2 -3 years to implement its trails system and work through the U.S. Forest Service process to build new trails and a new restaurant at the top of the Elk Camp Gondola. The Ski Company has clarified that if there was an operational loss as per the Agreement, they believe the Town would only be responsible for a net loss on lift operations. A reasonable question is what might be a worst -case scenario for a net loss in year 4 of operation of the Elk Camp Gondola, if the Town chooses to pay for a net loss in subsequent years of operation. Reed Lewis made the motion to approve directing staff to write a letter to the ASC triggering the 2004 Ski Resort Operator Development Agreement. John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. Town Council took a break at this time. Item No. 6 RESOLUTION NO. 07 SERIES OF 2010 -RECOVERY EXPENSES FOR NATURAL DISASTER DAMAGE IN DEED RESTRICTED FOR SALE HOUSING Housing Manager Joe Coffey stated the Town Council at the December 7, 2009 meeting requested further discussion with staff to determine if deed restricted employee homeowners expenses incurred due to a Natural Event should be recoverable. Attached to this memo is a resolution Council directed staff to provide. Council was not specific on the parameters for recovery so staff has provided an approach to consider recovery. The current housing guidelines are very specific and do not allow the homeowner to recover any type of repair expenses. The discussion is related to the debris flow event which created flooding at two Crossings residences on July 3, 2006 and the repair expenses incurred by the homeowners. Coffey stated for the record that the Town was not found negligent by our Engineer or our Insurance Company. Prior to developing this location was not designated as debris flow location. Bill Moriarty a resident of Snowmass Village and owner of a single family home in the Crossings at Horse Ranch spoke to the positive drain flow around the houses in this development. Markey Butler made the motion to approve Resolution No. 7, Series of 2010 with the 20% option. Reed Lewis seconded the motion. The motion was approved by a vote of 3 02- 01 -10tc Minutes Page 5 of 8 in favor to 2 opposed. Voting Aye: Mayor Bill Boineau, Reed Lewis, and Markey Butler. Voting Nay: John Wilkinson and Arnold Mordkin. Bill Moriarty again spoke against adding to the resale of the units for future home owners of Snowmass Village employee housing. Item No. 7 CONSIDERATION OF AMENDMENT OF MODIFICATION TO THE HOUSING GUIDELINES FOR RODEO PLACE Housing Manager Joe Coffey spoke to private entrances or secondary entrances to homes have been restricted in deed restricted housing starting with the Crossing Homes. The Town Council seated at the time of the Crossings development restricted private entrances to these homes in an effort to reduce the possibility of home business entrances and the possible conversion of a basement area to a grandmother type apartment. The Town Council discussed private entrances briefly in the early phase of the Rodeo Place development application and private entrances were never considered for these homes. The finished basement area designed by Coburn Development does not have private entrances for any of these homes. Currently some homeowners are electing to finish their basements themselves with a different basement design and a restriction is needed to prevent private entrances. After a lengthy conversation by the Town Council consensus was to approve the language provided by Housing Manager Joe Coffey in regards to private entrances. Council Member Lewis and Mordkin were not in agreement. Item No. 9 CONTINUATION OF PUBLIC HEARING AND RESOLUTION NO. 8 SERIES OF 2010 SNOWMASS CLUB CIRCLE DEVELOPMENT AT 6:13 opened the Continued Public Hearing and read aloud for the record a letter of withdrawal from the applicant. Mayor Boineau accepted the letter of withdrawal. At 6:15 p.m. Mayor Boineau closed the Public Hearing. Item No. 10 MANAGER'S REPORT Country Club Townhome Units January 22, 2010, staff interviewed three prospective real- estate agents to sell units 25 and 26 at the Country Club Townhomes. The Town Council has authorized that these units be sold on the free market. After reviewing proposals and listening to interviews the staff has selected Rick Griffin as the Town's agent to sell units 25 and 26. This 02- 01 -10tc Minutes Page 6 of 8 selection was based on commission rate and experience in selling both deed restricted and free market housing in Snowmass Village. Daly Lane Snowmelt Replacement Last fall the Road Division discovered that several pipes in the Snowmelt section of Daly Lane and Carriageway Road opposite Lot 6 were damaged and leaking. This section of snowmelt was not replaced in 1997 when Lower Carriageway from Lot 6 to the Lower Willows was replaced because it was anticipated that a Transit Center was going to be constructed in this location in 2000. Since we did not have time to replace this section of Snowmelt in the fall, we budgeted $350,000 in the Road Fund to replace it this spring. Staff was very happy with the quality of work and the performance of Concrete Works who constructed the "gap" section of Lower Carriageway between the Tamarack and Lichenhearth in 2008. We negotiated a competitive price with Concrete Works and they will begin work on Wednesday, April 14, 2010, three days after the ski season ends. Access to Daly Lane will be impacted and Public Works will be meeting with property owners along Daly Lane to develop a construction plan to keep impacts to a minimum. Once we have a specific construction schedule we will review it with the Town Council, publicize it and notify the affected mall area businesses. Barring any unforeseen circumstances the job will be complete by the first week of June. Pitkin County Feedback on the Comprehensive Plan Town Manager Russ Forrest stated we are expecting to receive comments on the Comprehensive Plan from the County Commissioners either January 28 or 29 this is tentative given the tight deadline. If received, we will share those comments on February 1 St to determine if Council would like staff to makes changes prior to 2 nd Reading on the 16 Forrest reviews the minor changes and Council is willing to have a dialogue with the County Commissioners. CAST Forrest state the issues of collection sales tax on vacation rentals was a hot topic and the Colorado Association of Ski Towns and the group would like to put together a task force to address concerns. Item No. 8 PUBLIC HEARING AND FIRST READING ORDINANCE NO. 2 SERIES OF 2010 MINOR PUD AMENDMENT PARCEL D EAST VILLAGE PUD Planning Director Chris Conrad stated CLA Snowmass Office Company, LLC "Applicant is requesting Minor PUD Amendment approval to amend the East Village PUD for Parcel D. Discussion occurred regarding this item during the December 21, 2009 and January 4, 2010 Town Council meetings. This item was continued to February 1 in order to provide for proper public notification of the Public Hearing and for council to receive more specific design guidelines from the Applicant. Town Council is asked to review the supplemental information provided by the Applicant and modified PUD Guide (Attached as Exhibit "A" of Ordinance included as Attachment 3). Conduct the Public 02- 01 -10tc Minutes Page 7 of 8 Hearing and then approve, modify or deny first reading of Ordinance No. 2, Series of 2010. At 6:33.p.m. Mayor Boineau opened the Public Hearing for comments from the Public. Andrew Light representing the applicant presented a PowerPoint presentation for Town Council which included information regarding, views, design examples, commercial versus residential, roof heights and zoning. Mayor Bill Boineau made the motion to approve first reading of Ordinance 2, Series of 2010 amendments to Parcel D East Village PUD Markey Butler seconded the motion. The motion was approved by a vote of 3 in favor to 2 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, and Markey Butler. Voting Nay: Reed Lewis, and Arnold Mordkin. Mayor Boineau continued the Public Hearing to February 22, 2010 Regular Town Council Meeting. Item No. 11 AGENDA FOR NEXT TOWN COUNCIL MEETING Town Manager Russ Forrest noted there will be two items added to this agenda one being the extension of the excise tax and possibly the Recreation Center subsidy discussion. Item No. 6 should read "Financial Advisory Board Item No. 12 APPROVAL OF MEETING MINUTES FOR JANUARY 19TH 2010 John Wilkinson made the motion to approve the minutes as amended for January 19, 2010. Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Arnold Mordkin, and Markey Butler. Voting Nay: None. Abstained: Reed Lewis. Council Member Butler and Wilkinson provided the Town Clerk with language and spelling changes to the January 19, 2010 Item No. 13 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS TASK FORCE Council Member Butler discussed the EOTC Task Force. 02- 01 -10tc Minutes Page 8 of 8 FEBRUARY 16, 2010 TOWN COUNCIL MEETING The Town Clerk noted that the next meeting scheduled for February 16, 2010 is Mardi Gras and the Mayor happens to be the King Town Council suggested moving the meeting to Monday, February 22, 2010 at 4:00 p.m. DECRIMINALIZING MARIJUANA Council Member Lewis would like us to think about putting a question on the ballot in regards to decriminalizing an ounce or less of marijuana.. FAB Financial Advisory Board will have some items on the March 1, 2010 agenda regarding Capital Projects. DALY TOWNHOME DISPUTE Council Member Wilkinson stated he is not interested in giving any time on a future agenda for this issue. Item No. 14 ADJOURNMENT At 7:01 p.m. Arnold Mordkin made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday February 1, 2010. Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. This set of Minutes was approved by the Snowmass Village Town Council at the Regular Meeting on Monday April 5, 2010. Submitted By, Rhonda B. Coxon, Town Clerk