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03-01-10 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MONDAY, MARCH 1, 2010 CALL TO ORDER AT 5:00 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, March 1, 2010 at 5:01 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler COUNCIL MEMBER 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; Susan Hamley, Marketing Director; Kristi Bradley, Group Sales Director; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Mel Blumenthal, John Quigley, Robert Sinko, Peter Moore, Jenny Smith, Bob Purvis, David Perry, Bob Sirkus, and other members of the public interested in items on today's agenda. Item No. 2 PUBLIC NON AGENDA ITEMS There were no Public Non Agenda Items. Item No. 3 COUNCIL UPDATES Out of Bound Skiers Council Member Wilkinson asked that everyone ski smart and safe, he noted some skiers were skiing out of bounds and put rescue people in danger. Item No. 4 YEAR END FINANCIAL UPDATE FOR TOSV 03- 01 -10tc Minutes Page 2 of 9 Finance Director Marianne Rakowski provided Council with a 2009 year end report. The savings amounted to $654,894. She broke down the savings by the areas and reviewed the funds as listed below. GENERAL FUND (unaudited) The General Fund 2009 preliminary year -end numbers are much better than anticipated. The year end fund balance shows an increase of $654,894 over the 2009 revised budget. Most of the increase is due to continued cost cutting and service adjustments by staff in expenditures, which amounted to $644,500. Personnel services were down by $237,703; purchased services were down $232,906 (Utilities, Contract Service, Dump Fees); Operating and Maintenance was down by $174,713 (Vehicle Gas Oil, Vehicle Parts and Supplies). Revenues came in under budget by $76,000. County sales taxes exceeded budget by $100,000 and sales taxes exceeded budget by $54,000. The current 2010 budget for sales taxes is roughly 4.5% below the 2009 actual numbers. Based on the increase in the 2009 year end fund balance that will carry over to 2010, staff is recommending that these funds are set aside to offset any further decline in revenues in 2010 and thereby avoiding any further service or personnel cuts. Staff will continue to do their best to control costs throughout 2010. Since the audit is currently underway, staff will provide Council with the final year end numbers at the same time that we give you an update on the winter season in May. RETT FUND (unaudited) Although Real Estate Transfer Taxes came in $356,700 higher than budget, this increase is partially offset by a decrease in the Base Village Real Estate Transfer Taxes, which were down from budget by $177,400, this resulted in a net increase in taxes of $179,300. A few items to note: The budgeted purchase of buses and the revenues from the Federal Grant did not occur in 2009 due to the delay in the production of the buses. Therefore, the expenditure (decreased by the Federal Grant) will be set aside in a reserve fund to pay for the buses upon their arrival. Staff also expensed the $350,000 in the RETT Fund, which was recorded as a receivable for the Entryway from the Snowmass Land Company since negotiations are still on -going and we did not receive the cash. Year end carryover increased by $854,000, of which $820,000 is the reserve for the buses leaving an increase of $34,000 in Funds Available. MARKETING and SPECIAL EVENTS FUND (unaudited) The Marketing and Special Events Fund also ended on a positive note with an additional $228,000 in year end fund balance. 03- 01 -10tc Minutes Page 3 of 9 Sales taxes came in $135,000 over budget and event revenues along with donations were up by $55,000. Expenditures came in under budget by $37,000. GROUP SALES FUND (unaudited) The Group Sales Fund year end carryover is up over budget as well. This fund ended the year with an additional $167,500 in fund balance. Lodging taxes were up by $17,000. Expenditures came in under budget by $148,000, which is comprised of savings in Personnel Costs and Operating Maintenance costs (supplies, postage, advertising, etc.). Rakowski also noted that January sales tax is up 1/2 percent over last year which is positive news as we budgeted flat. She also noted staff will be back to update Council again in May on the final audited year -end numbers as well as the financial health of the winter season. Town Council agreed with staff recommendation of setting aside the additional year -end carryover in the General fund to offset any economic impacts that may occur in 2010 including decreases in sales tax revenues or planning and building revenues. Town Council took a break at this time. Item No. 5 JOINT MEETING WITH MARKETING GROUP SALES AND SPECIAL EVENTS BOARD Mayor Boineau noted that Council had asked for some time with the Marketing, Group Sales and Special Event Board to discuss philosophy and to review summer and winter marketing and group sales numbers. Chairman of the Board Robert Sinko stated that the four areas the Board is prepared to discuss with consist of metrics, funding philosophy, summer 2010 events and communication. Sinko reviewed a PowerPoint presentation reflecting business in summer and winter since the inception of the Marketing Department in 2003. The Marketing, Group Sales and Special Events Board discussed night skiing, new events, additional summer concerts and the current focus on March. The Boards also reviewed the amount of money spent on events and group sales summer versus winter. The Board encouraged future questions and open communication with Council. Mel Blumenthal a part time resident of Snowmass Village stated this was a very good meeting and encourages this type of communication continue in the future. Town Council took a break at this time. 03- 01 -10tc Minutes Page 4 of 9 Item No. 6 PRESENTATION ON POSSIBLE OBSERVATORY IN SNOWMASS VILLAGE David Aguilar from Aspen Skies LLC presented a PowerPoint presentation and outline for the development of the "Snowmass Village Observatory." Aguilar has an extensive back ground in astronomy and is excited about the prospect of developing a proposal to detail a plan for a dramatically new destination idea for Snowmass Village: A state of the art public observatory for viewing the planets, stars and galaxies from Snowmass Village's world class mountaintop location. He noted that clear dark skies, unobstructed views and the ultimate in fresh mountain air all combine to provide a spectacular utopia in Snowmass that is ideally suited for children, teens, adults and the young at heart to enrich their minds with the wonder of the universe. Aguilar believes the Snowmass Village Observatory would provide a high caliber, immersive experience for visitors and area residents to enjoy, explore, and study the stars and planets amidst this beautiful alpine environment. Guided observing sessions, astronomy themed workshops and guest speaker presentations are just some of the programs he envisions for this venue. This could signal Snowmass Village as a place with a forward looking edge among the world's destination resorts. Council was very interested in this project and Council Member Butler offered to help with fundraising. The estimated cost would be $82,000 and a location to build it on. Markey Butler made the motion to approve authorizing staff to work with David, look at potential site in Snowmass Village and consider funding options. Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. Item No. 7 DISCUSSION AND FIRST READING ORDINANCE NO. 7 SERIES OF 2010 DEVELOPMENT ON SLOPES GREATER THAN THIRTY PERCENT (30 WITHIN LOT 1 RODEO PLACE SUBDIVISION Planning Director Chris Conrad stated the Applicant is requesting approval to permit the construction of two (2) duplex buildings on Lot 1, Rodeo Place Subdivision involving development within areas containing thirty percent (30 slopes. The Applicant has proposed two (2) duplex units within Lot 1 that will require a maximum twenty -one (21) foot cut into the slope and will utilize either the placement of a soil nailed retaining wall (as used for the duplex on Lot 2) or over -dig the slope with the placement of a more substantial foundation system to retain the hillside. The first option is likely more 03- 01 -10tc Minutes Page 5 of 9 expensive but the second method (if authorized by the geotechnical engineer) may prove to be less expensive however; it will disturb more of the natural vegetation. He stated the Town Council approved Resolution No. 39, Series of 2006 "Resolution 39), authorizing the Rodeo Place Subdivision. Said approval allowed Lot 1 to contain a triplex unit but specified that "...it shall remain undeveloped at this time or until more site specific geotechnical and architectural plans are submitted and approved by Town council." Town Council Ordinance No. 14, Series of 2006 "Ordinance 14 dealt with permitting development on thirty percent (30 slopes within the subdivision but required that "future residential development on Lot 1, Rodeo Place Subdivision shall require Town Council, by an affirmative vote of at least three quarters of its members present and voting, to approve the development proposal." On February 2, 2009, Council directed that the Applicant proceed with planning and designing Phase 2 of the Rodeo Place development. Applications have been submitted to amend Resolution 39 which includes a proposal to amend the resolution to permit the construction of two (2) duplex units within Lot 1 instead of the originally proposed triplex unit. The development proposal for Lot 1 concerning this development involving thirty percent (30 slopes has been submitted for consideration at this time. The Minor Subdivision Amendment will be considered during the March 15 meeting. Arnold Mordkin made the motion to approve first reading of Ordinance 7, Series of 2010 development on slopes greater that 30% within Lot 1, Rodeo Place subdivision. John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. Item No. 8 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 two items 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 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). The Town Council did not go into Executive Session at this time. 03- 01 -10tc Minutes Page 6 of 9 Item No. 9 RESOLUTION NO. 13 SERIES OF 2010 -APPROVING EOTC BUDGET Town Manager Russ Forrest stated staff requests Council's approval of Resolution 11, Series of 2010 as amended to appropriate funds for the projects in the 2009 and 2010 Elected Officials Transportation Committee (EOTC) budgets for the Pitkin County Y2 Cent Sales and Use Tax. The text of the Resolution has been edited to remove the last paragraph concerning reservation of the net bondable revenue. EOTC Budget Summa!y See attached 2009 -10 Budget and Multi -year Plan for details. Total 2009 Revenues $4,149,000 Total 2009 Expenditures $4,335,374 Annual Surplus (Deficit) (186,374) Cumulative Surplus (Deficit) $8,778,047 Total 2010 Revenues $4,139,800 Total 2010 Expenditures $3,246,602 Annual Surplus (Deficit) 893,198 Cumulative Surplus (Deficit) $9,671,245 The most significant changes to the 2009 budget are a reduction in the sales tax revenue estimate and the extension of no -fare Aspen Snowmass bus service through year -end. The major projects included in the 2010 budget are as follows: 1. $50,000 contribution for transportation associated with X -Games 2. RFTA contribution (81.04% of Y2 Cent Sales Tax) 3. No -fare Aspen Snowmass and Woody Creek bus service through April 11, 2010 This resolution does not include the designation of at least two thirds of each year's EOTC net bondable revenue to fund the Entrance -to -Aspen capital project. "Net bondable revenue" is the sum of the annual proceeds from the Y2% transit sales and use tax minus the 81.04% of the Y2% sales tax that is contributed to RFTA.) This annual dedication to the Entrance -to -Aspen was discussed at the August 6 th meeting. The EOTC budget includes funding for the Fare Subsidized Snowmass Village to Aspen bus service until April 11, 2010. There is no funding for the service beyond that point. Council will have to discuss with the EOTC at their next meeting on March 18, 2010 whether to continue the Fare Subsidized service between Aspen and Snowmass Village. A committee is meeting to discuss possible options to continue Aspen Snowmass bus service beyond the winter season. 03- 01 -10tc Minutes Page 7 of 9 Transit Manager noted the approval by all three jurisdictions that comprise the EOTC is necessary for appropriation of the Pitkin County Y/2 Cent Sales and Use Tax. John Wilkinson made the motion to approve Resolution No 13, Series of 2010 the EOTC budget. Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. Item No. 10 RELATED WESTPAC PROPOSAL ON INTERIM BUILDING 7 Town Manager Russ Forrest provided an update on this item. Related Westpac submitted a proposal to staff last week which consisted of entering into a development agreement with Related Westpac which included Related to commence the work on Interim Building 7 and to release the Performance Bond from Westchester. Today staff received an email from Related and a phone call from Jeffrey Blaugh from New York that they submitted an agreement with Westchester Fire that Related will assist Surety with construction management but Surety will move forward with their responsibility. Related withdrew the proposal submitted to the Town included in today's packet. Council Member Mordkin stated that each Council Member met with Dwayne Romero in regards to the proposal for Interim Building 7 in and feels it was a waste of their time to have the proposal withdrawn. Mel Blumenthal a part time resident of Snowmass Village asked are we sure the agreement allows Related permission to go onto this property. In response staff noted that Related is only the construction manager for the project. Madeleine Osberger editor of the Snowmass Sun questioned these discussions falling under Ex -Parte conservations with a developer. Council noted there was no development application before Council. Item No. 11 SECOND READING -ORDINANCE NO. 6 SERIES OF 2010 EXTENSION OF THE EXCISE TAX Markey Butler made the motion to approve second reading of Ordinance No. 6, Series of 2010 extending the Excise Tax. A roll call vote was taken. Reed Lewis 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 03- 01 -10tc Minutes Page 8 of 9 Markey Butler. Voting Nay: None. Item No. 12 SECOND READING ORDINANCE NO. 4 SEREIS OF 2010 NAME CHANGE FOR ARTS ADVISORY BOARD Reed Lewis made the motion to approve second reading of Ordinance No. 4, Series of 2010 allowing a name change for the Arts Advisory Board. A roll call vote was taken. Markey Butler 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. Item No. 13 MANAGER'S REPORT Town Manager Russ Forrest stated that now that the Comprehensive Plan has been approved, staff will bring forward Land Use changes and housing policy changes. EOTC Town Manager Russ Forrest reminded Council of the EOTC meeting being held on Thursday, March 18, 2010 at 4:00 p.m. in Aspen. CAST Town Manager Russ Forrest spoke to the Legislative Update being offered if anyone is interested in attending in Denver. Item No. 14 AGENDA FOR NEXT TOWN COUNCIL MEETING Town Manager Russ Forrest stated the EOTC discussion will be added to this agenda and the FAB recommendations and the Rec Center subsidy will be discussed. Town Council and staff discussed the Rodeo Place Minor Subdivision Amendment. Staffed noted this is a cleanup item for the entire Rodeo Place subdivision. Item No. 15 APPROVAL OF MEETING MINUTES FOR: December 7, 2009 Reed Lewis made the motion to approve as amended the minutes for December 7, 2009. Markey Butler seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 03- 01 -10tc Minutes Page 9 of 9 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. Item No. 16 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Council Member Wilkinson would like a discussion on an agenda in the near future regarding alcohol at the Summer Concert Series. RTFA Board Meeting March 11, 2010 Item No. 17 ADJOURNMENT AT 8: 22 p.m. Arnold Mordkin made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, March 1, 2010. Reed Lewis 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