Loading...
03-02-15 Town Council MinutesSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MARCH 2, 2015 Mayor Butler called to order the Regular Meeting of the Snowmass Village Town Council on Monday, March 2, 2015 at 4:04 p.m. A complete live recording of this meeting can be found at www.tosv.com under Town Council Meetings. This will be archived indefinitely allowing you to view at any time. COUNCIL MEMBERS Markey Butler, Chris Jacobson, Bill Madsen, Bob Sirkus, and PRESENT: Alyssa Shenk. COUNCIL MEMBERS All council members were present. ABSENT: STAFF PRESENT: Clint Kinney, Town Manager; Rhonda B. Coxon, Town Clerk; Marianne Rakowski, Finance Director; Kelly Vaughn, Communications Director; John Dresser, Town Attorney; Jim WahIstrom, Senior Planner; David Peckler, Transit Director; Anne Martens, Public Works Director. PUBLIC PRESENT: Mel Blumenthal, Chris Babieri, Leigh Vogel, Charles Bradley, Gina Phillips, Danny Phillips, Ricki Newman, Guy Courtney and other members of the Public interested in today's Agenda items. 2. PROCLAMATIONS AND PRESENTATIONS There were none. 3. PUBLIC COMMENT This section is set aside for the Town Council to LISTEN to comment's by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. There were no Public Comments at this time. 4. CONSENT AGENDA These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone 03 -02 -15 TC Minutes Page 2 of 5 present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. REVIEW DRAFT AGENDAS FOR • March 9, 2015 - Work Session • March 16, 2015 - Regular Meeting • April 6, 2015 - Regular Meeting REVIEW OF CALENDARS • March • April • May Bill Madsen made the motion to approve all those items listed above on the consent agenda. Chris Jacobson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Markey Butler, Chris Jacobson, Bill Madsen, Bob Sirkus, and Alyssa Shenk. Voting Nay: None. 5. PUBLIC HEARINGS QUASI- JUDICIAL HEARINGS Public Hearings are the formal opportunity for the Town Council to LISTEN to the public regarding the issue at hand. For land use hearings the Council is required to act in a quasi - judicial capacity. When acting as a quasi - judicial body, the Council is acting in much the same capacity as a judge would act in a court of law. Under these circumstances, the judicial or quasi - judicial must limit its consideration to matters which are places into evidence and are part of the public record. The Council must base their decision on the law and the evidence presented at the hearing. There are no hearings scheduled. 6. POLICY /LEGISLATIVE PUBLIC HEARINGS No Public Hearing ADMINISTRATIVE 7. REPORTS A. DISCUSSION OF POTENTIAL AMENDMENTS TO THE KRABLOONIK LEASE - -John Dresser 03 -02 -15 TC Minutes Page 3 of 5 Town Attorney John Dresser explained that the Town of Snowmass Village and Krabloonik entered into a complicated land exchange that resulted in the Town becoming Krabloonik's landlord. Krabloonik owner Dan MacEachen desires to sell Krabloonik and Daniel and Regina Phillips desire to buy and operate Krabloonik. Council has already given a temporary approval of the stock transfer from MacEachen to Phillips conditioned upon a satisfactory Lease amendment between TOSV and Phillips be completed. Danny and Gina Phillips along with David Mylar their legal representation were also available to discuss the Krabloonik Lease and answer any questions of Council. Philips noted that staff, Phillips, and MacEachen have negotiated a DRAFT revised and amended Krabloonik Lease and Option for Council's Consideration. There are seven amendments which include: a) A Best Practices provision that shall apply to the operation and continue as a covenant running with the land should Philips exercise the purchase option. b) A Best Practices review committee to ensure compliance with best practices. c) Requirement that Phillips operate Krabloonik until September, 2021 before purchase option can be exercised or assignment to a third party. d) A provision to extend the lease for 5 more years to 2031, the Purchase option is likewise extended. e) A number of dogs reduction plan that ratchets the number of dogs down to 175 over a 5 years period and that number carries forth upon purchase. f) Specific compliance with " PACFA" rules and regs. g) Provides a receiver agreement that ensure that if Phillips defaults, the operation shall be placed in receivership. There was a very detailed and lengthy discussion regarding the "Best Practices Review Committee" their duties, including how the Board is established and the appointment of the members. The composition of this committee will be put on a list for a "Work Session ". When the report is distributed to the Town Manager will provide it to Council if any problems arise. Town Council took Comments at this time: Guy Courtney, Past General Manager for four years prior to Danny and Gina Phillips asked that Council give them as much free reign as possible, and doing what is necessary, do what you can as a council to give them what they need to run the business. He also asked about disposition of the dogs in the unlikely event of a disaster. Leigh Vogel spoke repeating her concerns of the last seven years and her major concern this time in front of Council is responsible tethering and she provided several 03 -02 -15 TC Minutes Page 4 of 5 statements from several people with their opinions on tethering which was submitted for the record for this discussion. All other concerns or questions will be discussed at the Work Session. B. REVIEW OF EOTC HISTORY AND UPCOMING MEETING MATERIAL D i Transit Director David Peckler stated that this is an information session on the history of the EOTC activities and a review of the items on the agenda for the next EOTC meeting on March 5, 2015. A draft agenda for the next meeting is also attached for Council along with historical information is provided in a memo to Council with additional attachments. Council Member's were unable to review the historical information so Peckler provided a verbal history of EOTC for the Council. He stated the information on page 44 and 45 of the packet provided timelines for the Council. C. 2015 DRAFT COMMUNITY SURVEY --Kelly Vaughn Communication Director Kelly Vaughn provided some background stating that in today's packet is the draft 2015 Community Survey and she stated the last survey was done in 2013 and that was a very long survey. The goal is to get a strong short survey so we do not have as many drop offs in 2015. Vaughn noted that the attached communication plan details how the survey will be distributed and the strategies to gain a significant response rate. She provided the proposed timeline and stated there are no financial impacts as this project has already been budgeted at the amount of $7,300. At this time all Council Members provided feedback on the proposed questions. D DISCUSSION AND POSSIBLE ACTION TO ADOPT • WN COUNCIL GOALS --Clint Kinney Due to the late hour the Council asked that the Goals be moved to the next Work Session. E. DISCUSSION AND POSSIBLE TO O.. SESSION MEETING AGENDA --Clint Kinney Council agreed to discuss Krabloonik, Snowmass Tourism Update and Goal Setting will be the topics for the next Work Session scheduled on March 9, 2015. Town Council discussed the Work Session in May and due to Town Council members being out May 03 -02 -15 TC Minutes Page 5 of 5 11 the Council moved the Work Session to May 7, 2015. 8. TOWN COUNCIL REPORTS AND ACTIONS A. REPORTS /UPDATES Council Member Sirkus stated he would be attending a Ruedi Water and Power Authority meeting on Wednesday. Council consensus was to have a quick review of Quasi - Judicial Hearing prior to the Base Village Major PUD Amendment coming before the Council. 9. ADJOURNMENT M11 Chris Jacobson made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council for Monday, March 2, 2015. Bill Madsen seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Markey Butler, Chris Jacobson, Bill Madsen, Bob Sirkus, and Alyssa Shenk. Voting Nay: None. This set of minutes was approved by the Snowmass Village Town Council at their Regular Meeting on Monday, April 201h, 2015. Sub i ted By, Rhonda B. Coxon, CMC Town Clerk