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04-19-10 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES APRIL 19, 2010 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday April 19, 2010 at 5:45 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Markey Butler, and Arnold Mordkin COUNCIL MEMBERS ABSENT: Reed Lewis STAFF PRESENT: Russ Forrest, Town Manager; Susan Hamley, Tourism Director; Chris Conrad, Planning Director; John Dresser, Town Attorney; Hunt Walker, Public Works Director; and Donna J. Garcia, Deputy Town Clerk PUBLIC PRESENT: Madeleine Osberger, Mary Harris, Dwayne Romero, Don Schuster and others interested in today's Agenda items. Item No. 2: PUBLIC NON AGENDA ITEMS Nothing for discussion at this time. Item No. 3: COUNCIL UPDATES RFTA Council Member Wilkinson reported that the RFTA Board is going through a process to hire a staff attorney and will be deciding on one in the near future. Observatory Council Member Butler requested a site visit for Council to review the location of the for the Observatory Lab. She reported that she had a very good conference call meeting with David discussing next steps which will include a business plan for operations, budget and a site visit. The Town Manager Russ Forrest acknowledged that after looking at the materials the Applicant provided staff with costs north of $75,000 to $80,000 and his guess is at approximately $175,000 to $200,000 ball park range. 04 -19 -10 Minutes Page 2 of 9 Item No. 4: RESOLUTION No. 19 SERIES OF 2010- APPOINT EX- OFFICIO TO THE MARKETING GROUP SALES AND SPECIAL EVENTS BOARD In response to an inquiry by Council Member Butler, Susan Hamley stated that Mr. Romero would be replacing Alicia Goldstein. Town Attorney John Dresser explained that the Ex- Offiicio Member is being appointed to represent the ongoing development of business within the Town but shall not have the right to vote and is allowed to be present at all Executive Session meetings. The Town Council and staff continued discussions of the term of this position, details and appropriate activities for the Ex- officio Member. After further discussions, Council Member Mordkin made the motion to approve Resolution No. 19, Series of 2010, seconded by Mayor Bill Boineau. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Lewis was absent. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, and Arnold Mordkin. Voting Nay: None. Item No. 5: SUMMER CONCERT SERIES PLANS FOR ALCOHOL SALES The Town Manager stated that the purpose and actions for Council's consideration is the issue of creating a policy for how to handle net proceeds from liquor service at the Summer Concert Series. Forrest explained that the Town Council did approve the 2010 Budget with the assumption that proceeds from liquor service would be used to offset the overall net loss of the event and the issue of whether Council would like to provide any further policy direction for the 2011 Concert Series was still left unanswered. Lastly, Forrest reported that staff recommendation is to maintain current relations and operations of the program. After further discussion, Council approved staff recommendation in that liquor expenses and revenues are realized by the liquor licensee, which is a Colorado not for profit organization; therefore the Town may continue to provide liquor at the same low prices offered over the past three years and to maintain the level of concert entertainment. Item No. 6: RESOLUTION NO. 20 SERIES OF 2010 WAIVER /DEFERAL REQUEST OF CERTAIN APPLICATION SUBMISSION ITEMS TIMBERLINE CONDOMINIUM MINOR PUD AMENDMENT 04 -19 -10 Minutes Page 3of9 The Planning Director Chris Conrad explained that the Applicant Timberline Condominium Association, Inc. represented by Elk Mountains Planning Group, Inc. and specifically Julian Anne Woods is proposing to upgrade the facilities around the pool area and the grounds within the complex and will include a new replacement pool with an integrated spa and a separate spa with waterfall features that will be located southeast of the existing facility. The existing pool area will be filled in and will be used as a flex space with seating and gardens to hold small weddings and special events. Conrad reported that there are items listed for waiver and two items to be deferred to the building permit. Council and staff began the line -by -line review of Resolution No. 20, Series of 2010 making amendments and directing staff to implement those changes to the resolution and requested that staff provide them with more information on the final landscape plan including irrigation, energy conservation plans, REOP calculations, and pool issues before they can make a final decision. Council specifically stated that all three waiver items could be waived per staff recommendations. Julian Anne Woods from Elk Mountains Planning Group, Inc. stated that they have a preliminary landscaping plan in the application packet, which was intended to provide Council with a flavor of what is going to happen and part of the issue is that they are still working with ASC on the easement for the pool area and the wall and she knows that they need to have input on the landscaping and she is hoping to proceed with what they have and as they know there will be a fence along the top of the wall and ASC is going to want to have an opportunity to have input related to this, which is the main reason they are holding off at this point. The Planning Director explained that they can't begin construction until they have the ASC's easement and staff would be reviewing and landscape plan and the location of the facility as it may affect the skiers and the health, safety and welfare of the community. Council Member Butler made the motion to approve as amended Resolution No. 20, Series of 2010, seconded by Council Member Mordkin. The vote was approved by 4 in favor and 0 opposed. Council Member Lewis was absent. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, and Arnold Mordkin. Voting Nay: None. Item No.7: SUMMARY OF LAND USE CODE AMENDMENTS TO IMPLEMENT THE COMPREHENSIVE PLAN 04 -19 -10 Minutes Page 4 of 9 The Planning Director reported that Council requested staff return to them action items identified within Chapter 10 of the new Comp Plan. He outlined within the Summary of Description Project those items within the action portion that related to the Planning Department. The Town Manager stated that staff recommends that Council prioritize the implementation actions or adjust the time frame. Council and staff began prioritizing implementation of actions and adjusted the time frame. Town Attorney John Dresser agreed with Council's decision to handle as one enactment and suggested that Council prioritize this in terms of their schedules. Dresser pointed out that there are only 4 meetings until June 30th and suggested Council consider getting done by mid summer to complete the ordinance. Council Member Butler directed staff to bring back specific language with a description of how the Code would work initiated by resolution for Council to review and refer to the Planning Commission for recommendations and return to Council in the form of an ordinance. Conrad stated that after Council has prioritized the implementation actions, a work program will be developed to complete the items within the time frame given. Outside resources may be required based upon the priority items selected and /or time frame given and it will likely be necessary to return to Council to discuss the work programming, resources required and /or to receive policy direction prior to beginning implementation of the action or implantation items(s). The Town Attorney suggested to Council that if they tell the Planning Director to initiate land use code amendments pursuant to the policy guidelines, the Planning Commission will work through it and come up with the recommendations to Council. Council has two meetings to discuss first and second reading, can amend it anyway they want and they already have the benefit of the Planning Commission chewing through it. After further discussion, Mayor Boineau stated that he trusts the Planning Director to push in right direction and requested that the Planning Commission return to Council with a working program. Council consensus agreed. There being no further discussion, Council Member Mordkin requested that staff take the enumerated items and as many issues staff feels Council can handle at one time and bring those back to Council with suggestions of how to proceed moving forward. Item No. 8: SCOPE OF WORK FOR URBAN RENEWAL AUTHORITY 04 -19 -10 Minutes Page 5 of 9 The Town Manager Russ Forrest provided Council with some background information and stated that on February 22, 2010 staff and Paul Benedetti reviewed the legal process for implementation of an Urban Renewal Authority (URA). Council also recommended that staff work with a group by the name of Leland and Associates, who specializes in URA and have a proposal from them to present today. Forrest referred Council attachment B, which depicted a flow chart that breaks the process down into four phases and explains what each phase entails. Council responded as follows: Wilkinson stated that he does not agree that an URA is an appropriate solution for Snowmass Village. This is a potential tool for an area that has been deteriorating and not up kept; there is potential for future development where one could generalize on tax increases; this is not the tool to complete the incomplete building structure. Wilkinson stated "To spend $52,000.00 of taxpayer's money is misuse of public funds and he is against the URA proposal." Council Member Butler stated concern that she is uncomfortable with the idea because we haven't nailed down the size of the URA district at this point and she has many questions before she can make an informed decision. Butler stated that it is not clear to her what the risks involved for Snowmass would be in declaring blight for this community. Council Member Mordkin stated his concern that Council does not have the knowledge or training to make the determination that this is or is not appropriate for this area until we go get into Phase I. Mayor Boineau stated that "He does not believe this is the right tool to correct our problem and in a sense we have shot ourselves in the foot by bringing this into play." The Mayor stated concern with what declaring blight might do to Snowmass Village and reported that he is receiving calls from concerned citizens as well. He is not in favor of the URA and spending that kind of money. In summary, Council consensus spoke against implementation of an URA scope of work for Snowmass Village. Item No. 9: SECOND READING -ORDINANCE NO. 8 SERIES OF 2010 FAB RESPONSIBILITIES Town Attorney John Dresser stated that Council directed staff to amend the duties and responsibilities for the FAB, who has requested increased ability to review financial issues regarding the Town of Snowmass Village. Dresser cited the applicable regulations from the Snowmass Village Municipal Code Book, Section 2 -235, Duties and Responsibilities. 04 -19 -10 Minutes Page 6 of 9 There being no further discussion, Deputy Town Clerk Donna J. Garcia, CMC conducted a roll -call vote for Second Reading of Ordinance No. 8, Series of 2010, with all in favor and 0 opposed. Council Member Lewis was absent. Council Member Mordkin made the motion to approve second reading of Ordinance No. 8, Series of 2010, seconded by Council Member Butler. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Lewis was absent. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, and Arnold Mordkin. Voting Nay: None. Item No.10: RESOLUTION NO. 22 SERIES OF 2010 AUTHORIZING THE SALE OF COUNTRY CLUB TOWNHOMES CONDOMINIUM UNIT #25 AND COUNTRY CLUB TOWNHOMES CONDOMINIUM UNIT #26 AND AUTHORIZING THE TOWN MANAGER AND THE TOWN ATTORNEY TO EXECUTE CONTRACTS, DEEDS, RELEASES OF DEED RESTRICTIONS AND OTHER DOCUMENTS TO EFFECTUATE THE SALE THEREOF The Town Attorney John Dresser reported that staff has received the title commitment from the sale that Council had already directed staff to procure, the Town is under contract on the title commitment. Council Member Wilkinson made the motion to approve Resolution No. 22, Series of 2010, seconded by Council Member Butler. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Lewis was absent. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, and Arnold Mordkin. Voting Nay: None. Item No. 11: MANAGER'S REPORT Roaring Fork Watershed Floating Summit Town Manager Russ Forrest reported that Council has been invited to participate in the 2010 Roaring Fork Watershed Floating Summit on June 10, 2010. He referred Council to additional information provided in today's packet. Town Attorney John Dresser recommended that the Council express their support of the resolution however; the language pertaining to adoption of the resolution would put Council in a negative situation. 04 -19 -10 Minutes Page 7of9 After further discussion, Council directed staff to place this item on the May 31 Agenda for further discussion. Item No. 12: AGENDA FOR NEXT TOWN COUNCIL MEETING The Town Manager directed Council's attention to the May 3rd Agenda and stated that Item No. 4 is an EAC project dealing with a solar array on public land. Council directed staff to go ahead and leave this item on the May 3rd Agenda for further discussion. Rodeo Place Lot 23 In response to an inquiry by Council, Forrest explained that if by May 3 Rodeo Place Lot 23 has not sold; staff will be asking Council what they would like to do with it, since the interest that was there for this single family home has evaporated. He explained that the Town could either continue to sell it, market it or potentially rent it. Sister Cities Council Member Wilkinson reported that he has signed up Snowmass Village to become a member of the sister cities program and he would follow -up with the Lesley Compagnone, Community Relations Director, and report back to Council with updates. Item No.13: APPROVAL OF MEETING MINUTES FOR: MARCH 15, 2010 There being no discussion or amendments, Council Member Mordkin made a motion to approve the meeting minutes for March 15, 2010, seconded by Council Member Butler. The vote passed with 4 in favor and 0 opposed. Council Member Lewis was absent. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, and Arnold Mordkin. Voting Nay: None. Item No. 14: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Golf Course Fencing In response to an inquiry by Council Member Wilkinson, Forrest reported that he is getting a price for the split -rail fence above Brush Creek Road; it needs a lot of maintenance and will be expensive. After further discussion, Mayor Boineau directed staff to investigate whether or not the ASC would be financially responsible for maintenance of the fencing. Doggy Bags Council Member asked staff to investigate where the doggy bags are near Meadow Ranch. Mordkin also requested that the doggie baggies locations are maintained. 04 -19 -10 Minutes Page 8 of 9 Town Manager Review The Mayor reported that it is time for discussions regarding the Town Manager review. Council Member Butler stated that she is accustomed to having an established process done with forms. She further stated that Council should have a process outlined and believes in 360s and the form has to include the goals and objectives established for the Town Manager. Lastly, she requested that be kept the same every year. After further discussion, Mayor Boineau and Council Member Butler agreed to head up a sub committee to begin the Town Manager review process. There being no further discussions at this time, at 8:05 p.m. Council Member Mordkin made a motion to move into Executive Session, seconded by Council Member Butler, with a vote of 4 in favor and 0 opposed. Council Member Lewis was absent. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, and Arnold Mordkin. Voting Nay: None. Item No. 15: 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 of two 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); Provided there is an affirmative vote of two thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, positional resolution, regulation, or formal action shall occur at this Executive Session. At 8:28 p.m. Council Member Butler made a motion to reconvene to the Regular Town Council meeting, seconded by Council Member Mordkin, with a vote of 4 in favor and 0 opposed. Council Member Lewis was absent. 04 -19 -10 Minutes Page 9 of 9 Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, and Arnold Mordkin. Voting Nay: None. Item No. 15: ADJOURNMENT There being no further discussion, Council Member Mordkin made a motion to adjourn the Regular Meeting of April 19, 2010, seconded by Council Member Butler, with a vote of 4 in favor and 0 opposed. Council Member Lewis was absent. The meeting adjourned at 8:42 p.m. This set of Minutes was approved at the Regular Meeting of the Snowmass Village Town Council on Monday, May 17, 2010. Respectfully Submitted by: Donna J. Garcia, CMC Deputy Town Clerk