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03-15-10 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MARCH 15, 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 15, 2010 at 5:06 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. COUNCIL MEMBERS ABSENT: All council members were present. STAFF PRESENT: Russ Forrest, Town Manager; 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; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Mel Blumenthal, Rick Griffin, Fred Kuker, George Bletses 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 Council Member Lewis asked how he can be sure to get a census packet as his neighbors received one, but he did not. Rhonda Coxon will investigate and respond. Council Member Wilkinson stated that the RFTA Board is in favor of the continued free fare bus to Snowmass Village. He also noted he attended the Colorado Association of Ski Towns meeting with Russ Forrest. The main topics of discussion was medical marijuana and collection tax on vacation rentals on web sites. Council Member Mordkin asked the Town Attorney if this in violation of the Municipal Code and how do we enforce. Town Attorney John Dresser noted that not paying sales tax or having a business license are both Municipal Code violations. Item No 4 FAB RECOMMENDATIONS ON CAPITAL PROJECTS 03- 15 -10tc Minutes Page 2 of 6 Rick Griffin, previous Chair for the Financial Advisory Board and current Chair Fred Kuker, reviewed the recommendations on Capital Projects. Council requested that a sub committee be formed to review them for future capital projects. The Subcommittee consisted of Mayor Boineau, Council Member Butler, Town Manager Russ Forrest and Financial Advisory Board Members Rick Griffin and David Rachofsky. Staff is developing an internal management policy based and intends to implement the recommendations as appropriate. Finance Director Marianne Rakowski and Town Manager Russ Forrest defined what a capital project is for the Town Council. The FAB is providing these recommendations as a road map for future capital projects. John Dresser asked if this would be a guiding document or a controlling document and the Town Council stated the recommendations should be a guiding document. Bob Kauffman from ROI said that we should consider what are "best practices." Item No. 5 DISCUSSION OF FAB RESPONSIBILITIES Rick Griffin, previous Chair of the FAB, proposed some new language for the Municipal Code to better define the duties and responsibilities of this Board. The Town Council reviewed the language, made minor changes and directed staff to prepare an ordinance. Item No. 6 PRESENTATION ON CREDIT CARD ACCEPTANCE BY THE TOWN OF SNOWMASS VILLAGE Finance Director Marianne Rakowski stated that Council requested a presentation on the feasibility of the Town to accept credit cards. Council discussed the options presented by the staff and directed them to contract with MuniciPay. Arnold Mordkin made the motion to approve staff moving forward with implementing credit card acceptance. 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. 7 PRESENTATION BY LUND EASTERLING REGARDING DALY TOWNHOME DISPUTE 03- 15 -10tc Minutes Page 3 of 6 At this time Council Member Butler recused herself: the reason is that Susan Markwood, wife of Lund Easterling is an Employee of Colorado West Regional Health and Butler is the Chair of that Board. Lund Easterling, a TOSV resident in Rodeo Place housing and previous owner of Unit 9 in the Daly Townhome, requested to speak with Town Council regarding the loss of use of a 68 square foot storage closet during the period of January 2003 to April 2009. Town Council is requested to determine a course of action for TOSV regarding the claim by the former owners. The former owner alleges that they were intentionally deprived of the use of a storage closet assigned to the Daly Townhome unit they purchased from TOSV in January 2003. They also allege that because it was intentional, TOSV has a corrupt official in violation of the RICO Act. They further allege that TOSV discriminated against them by reason of national origin in violation of USC Section 1983 and the Fair Housing Act. TOSV acknowledged that a mistake was made when the keys to the storage unit were given to another unit owner at the Daly Townhomes. TOSV was unaware any mistake until claimants brought it to TOSV's attention some 6 years later. Negotiations to settle the claim, including mediation, have been on -going since the claim was made to TOSV. They have been unsuccessful to date. Easterling spoke to Council and provided his thoughts and concerns. He felt his family was taken advantage of and is asking the Town to pay what is owed to him. Mayor Boineau made the motion to approve a settlement of the original offer of $5,415 for the loss of the use of a storage closet. Arnold Mordkin seconded the motion. Voting Aye: Mayor Bill Boineau, and Arnold Mordkin. Voting Nay: John Wilkinson, and Reed Lewis. Item No. 8 SECOND READING ORDINANCE NO. 7 SERIES OF 2010 DEVELOPMENT ON SLOPES GREATER THAN THIRTY PERCENT (30 WITHIN LOT 1 RODEO PLACE SUBDIVISION 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. First reading was approved at the March 1, 2010 Town Council Meeting. Reed Lewis made the motion to approve second reading of Ordinance No. 7, Series of 2010 for development on slopes greater than thirty percent within Lot 1, Rodeo Place Subdivision. A roll call vote was taken. Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 03- 15 -10tc Minutes Page 4 of 6 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. Item No. 9 PUBLIC HEARING AND RESOLUTION NO. 15 SERIES OF 2010 RODEO PLACE MINOR SUBDIVISION AMENDMENT Mayor Boineau opened the Public Hearing at this time. Planning Director Chris Conrad noted that the applicant is requesting approval to amend the Rodeo Subdivision plat, specifically involving Lots 1, 4 and "Open Space A" and to amend Town Council Resolution No. 39, Series of 2006 which was approved and specified development parameters for the Rodeo Place Subdivision. He noted that on February 2, 2009, the Town Council directed that the Application precede with planning and designing Phase 2 of the Rodeo Place development which included Lot 1 and 4. As directed at that time, the Applicant has now submitted this application to amend the original subdivision approval to permit the construction of two (2) duplex units within Lot 1 instead of the originally proposed tri -plex unit. The development proposal for Lot 1 involves encroaching into thirty percent (30 slopes and second reading of an ordinance to permit the encroachment is scheduled for consideration in conjunction with this Minor Subdivision Amendment. After a lengthy discussion by the Town Council the Public Hearing was continued to April 5 t 2010 Council meeting and the resolution was tabled. Arnold Mordkin made the motion to table to the April 5th Town Council meeting. Council directed staff to take Lot 4 out of the Resolution. 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. Item No. 10 RECREATION CENTER SUBSIDY Public Works Director Hunt Walker and Recreation Center Director Andy Worline noted that during the 2010 budget discussions, Council asked staff to compare the actual subsidy with the projected subsidy produced before the Recreation Center was built, and to also research ways to reduce the subsidy. Town Council discussed memberships, subsidy, actual costs, concessions, fitness classes /trainers and the current fee structure. Staff recommendation is to make the fee 03- 15 -10tc Minutes Page 5 of 6 structure a single rate not a two- tiered system, or leave it the same and raise the fees 10 or 20 percent. Council consensus was to experiment with the singe rate fee and take a look at the results during the next budget period. Council Member Wilkinson was against this recommendation. Item No. 11 SNOWMELT ROAD CMP Public Works Director Hunt Walker and Road Supervisor John Baker were present to discussion the Construction Management Plan for the Carriageway Daly Lane Snowmelt Replacement Project. Walker noted that last summer Town staff discovered leaks in the snowmelt piping on both Daly Lane and Carriageway Road in the vicinity of Lot 6. Two snowmelt- piping loops failed. He noted concern that additional sections of road would fail during this winter causing a major disruption in access to Mall area businesses, but luckily he noted there has not been another failure so far. Walker noted they couldn't schedule the replacement project last fall, but he has scheduled it this spring from April 13 to June 1, 2010 when it will have the least impact on the Mall. As in past Carriageway Snowmelt Projects he stated the Public Works department will do the best they can to minimize the impact to access on Daly Lane and the Mall. Walker stated the CMP is included in today's packet for Town Council review. Council Member Lewis asked that the Town PIO (Public Information Officer) supply information to the Public regarding the stores that are open during this time, their hours of operation and the easiest access to them during this construction. Item No 12 EOTC DISCUSSION Town Manager Russ Forrest stated that the upcoming EOTC meeting is Thursday, March 18, 2010 at 4:00 p.m. in Aspen and that Council presence and participation is critical. Council Member Wilkinson stated that at the RFTA Board meeting Dwayne Romero summarized why the free fare bus service was beneficial to both communities and feels several Aspen City Council and BOCC members are in favor of continuing the service. He is hopeful this will be evident at the EOTC Meeting. Item No. 13 MANAGER'S REPORT Ian Long approached the Town Council to request a discussion on creating a short term stimulus for small residential construction projects. Staff met with Long several times to discuss ideas. His primary idea was to waive the excise tax for a period of six months. After reviewing the ballot language and the legal issues associated with that, staff concluded that was not something that could be recommended. The ballot language 03- 15 -10tc Minutes Page 6 of 6 was very specific on the rate and methodology for excise tax calculation. Staff also discussed a rebate on building fees. However, Long did not believe that would be significant enough to generate new interest in construction. Item NO. 14 AGENDA FOR NEXT TOWN COUNCIL MEETING Town Manager Russ Forrest stated there were a few changes to the April 5th, 2010 agenda. The Rodeo Place Resolution will be added from tonight's direction, a FAB Ordinance, the current Item No. 6 will be postponed and the current Item number 7 will be moved to April 19, 2010 agenda. Item No. 15 APPROVAL OF MEETING MINUTES FOR JANUARY 4 2010 Markey Butler made the motion to approve the minutes for January 4, 2010 as amended. 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. Item No. 16 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS There was no discussion on this item. Item No. 17 ADJOURNMENT At 9:10 p.m. Arnold Mordkin made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, Mach 15, 2010. Markey Butler seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. This set of Minutes was approved during the April 19, 2010 Town Council meeting. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. Su i ed By, 1 Rhonda B. Coxon, Town Clerk