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07-06-10 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES JULY 6, 2010 CALL TO ORDER AT 5:00 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Tuesday, July 6th, 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 MEMBERS ABSENT: All council members were present. STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town Attorney; Hunt Walker, Public Works Director; Chris Conrad, Planning Director; Jim Wahlstrom, Senior Planner; Marianne Rakowski, Finance Director; Art Smythe, Chief of Police; John Baker, Road Supervisor; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Paul Hufnagle, Franz Zedlacher, Lara Xaiz, David Heivly, Todd Haller, Tom Rockwell, Richard Pryor, Greer Fox, Jay Hammond, and other members of the public interested in items on today's agenda. Item No. 2 PUBLIC NON AGENDA ITEMS At this time Emzy Veazy III, part time resident of Aspen and Burbank, spoke to Council with suggestions for the visquine hanging on the unfinished Building 8 within Base Village. Veazy also submitted to the Town Clerk for the record his letter to the editor from the Snowmass Sun June 30 edition. Item No. 3 COUNCIL UPDATES Fourth of July Council Member Butler has concerns with the lack of people and business in Snowmass Village over the 4th of July weekend and would hope to have a future discussion regarding this matter. Town Clerk Rhonda Coxon stated maybe we look at bring the 4th 07 -06 -10 TC Minutes Page 2 of 7 of July to Snowmass next year on the 3rd with the children's parade, community picnic and then the fireworks! Elk Camp Council Member Wilkinson stated the Elk Camp Gondola and its many new trails is worth a visit on Snowmass Ski Area. Item No. 4 PRESENTATION TO ART SMYTHE THE CHIEF OF POLICE FOR THE TOWN OF SNOWMASS FOR THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE LIFETIME MEMBER AWARD Dwight Benniger, Chief of Police for Vail and member of the Executive Committee for the International Chiefs of Police Association, and Mayor Boineau presented Art Smythe the Snowmass Village Chief of Police with a Lifetime Membership award for 20 years of service as the Chief of Police with the Town of Snowmass Village. Item No. 5 RESOLUTION NO. 16 SERIES OF 2010 -APPOINTING NEW BOARD MEMBER TO SAAB LEE MULCAHY Reed Lewis made the motion to approve appointing Lee Mulcahy to the Snowmass Arts Advisory Board. 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. Mulcahy was not present although Council had his application in today's packet material. Item No. 6 FINANCIAL UPDATE Finance Director Marianne Rakowski provided an update to Council for the General Fund, RETT Fund and Marketing Fund and Group Sales Fund. The last financial update was provided to Council on May 17, 2010 and the information provided in today's packet is additional updates /changes that have occurred since that time. General Fund Rakowski stated there are no changes to the revenue or expenditures budgets since May, and staff has not made any adjustments to the 2010 adopted budget for sales tax revenue. RETT Fund Rakowski noted that Real Estate Transfer Tax revenues were revised up to $1 M during 07 -06 -10 TC Minutes Page 3 of 7 the May presentation. She stated to date the Town has collected $930K in RETT revenues with the Council recommendation to replenish some of the reserves that have been cut. Marketing Fund Rakowski and Director of Marketing Susan Hamley stated that the Snowmass Tourism Board approved using some additional 2009 year -end carryover to continue to promote summer marketing and some minor changes in other lines based on 2009 actual expenditures. Group Sales Hamley noted that the Snowmass Tourism Board approved using additional 2009 year- end carryover to continue to bring groups to Snowmass Village. Rakowski stated that staff continues to monitor the budgets and will update Council on any significant variances to the updates they have previously received. Council asked that Rakowski provide a monthly financial summary in the Town Manager's report. Item No. 7 OVERVIEW OF THE FINANCIAL IMPLICATIONS OF LEGISLATIVE BALLOT ISSUES AND OVERVIEW OF RETIRING TOSV BONDS Staff asked for direction on two bonds that are retiring in 2010. Is it possible to use them for the Town Hall COP, transportation or to fund a Parks and Recreation Department? Council stated they would like to discuss this bond issue at the July 19, 2010 Regular Town Council Meeting. Calvin Hansen from Sherman and Howard (Town's Bond Counsel) was present to provide an overview of Proposition 101, Amendments 60 and 61 currently slated on the November state ballot. After a lengthy discussion with Hansen, Council stated concern and noted that each member of our electorate be educated to the depth of devastation to local government if this proposition and amendments pass in November. If they do pass, they will go into effect on January 1, 2011. Finance Director Marianne Rakowski will be providing a second budget this year that will show numbers if these questions actually pass. Item No. 8 CONTINUATION OF PUBLIC HEARING AND DISCUSSION- SNOWMASS MOUNTAIN At 7:02 p.m. Mayor Boineau opened the Continuation of the Public Hearing Senior Planner Jim Wahlstrom stated that the purpose of this meeting is to review the applicant's second supplemental correspondence that includes a modified development agreement draft, dated June 18, 2010 and received June 21, 2010 mainly in response to the Town Council and staff comments made at the June 7, 2010 meeting. The letter 07 -06 -10 TC Minutes Page 4 of 7 primarily addresses: the reduction of the duration of vested rights requested from 10 to five (5) years, and further clarification of the type of subdivision application being requested regarding a proposed creation of a lot to be known a Parcel M for the future phase of Building M. He stated that if the reduced vested rights duration seems acceptable; then determine if the Development Agreement with the supplement review procedures for future -phase Building M would be acceptable. Council also needs to determine if the proposed combination re -plat and condominium amendment drawing would be acceptable for processing at this time, and complete the review of remaining core issues, especially the outstanding drainage matters or questions concerning the proposal pursuant to the staff's analysis and the Planning Commission's findings and recommendations. The core issues to be discussed included applicants 2nd supplemental response regarding the vesting request, applicant's 2nd supplemental response regarding a Parcel M, minimize lot size, the Development Agreement and drainage issues. Wahlstrom stated the Development Agreement is included in today's packet for review by Council. After reviewing the information in today's meeting Council directed staff to bring forward an ordinance for first reading at the July 19, 2010 meeting. At this time Mayor Boineau continued the Public Hearing to the July 19th, 2010 Regular Town Council Meeting. Town Council took a break at this time. Item No. 9 SINCLAIR MEADOWS HOLDING COMPANY RETT EXEMPTION APPLICATION APPEAL OF DENIAL OF EXEMPTION At this time Council Member Wilkinson recused himself as he represents the applicant through the Insurance Agency he is employed by. Town Attorney John Dresser stated Sinclair Meadows Holding Company "SMHC is appealing the Town Manager's denial of their requested exemption from the Real Estate Transfer Tax "RETT relating to SMHC's purchase of Lots 1 -17 in the Sinclair Meadows subdivision "the Lots Town Council, acting in its quasi judicial capacity, is requested to hear the appeal and make a determination of such requested exemption. David Myler, Attorney representing the applicant, presented the background and foreclosure process and referred to case study Green v. Hoefler 115 Colorado 287,173 P.2d 208, CJS Sections 1212 and 1259. After discussion between Council, staff and the applicant, a motion was made. Reed Lewis made the motion to approve the grant appeal presented by the applicant. Arnold Mordkin seconded the motion. The motion was approved by a vote of 4 in favor 07 -06 -10 TC Minutes Page 5 of 7 to 0 opposed. Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. Council suggested staff clarify the language in the code relating to foreclosure exemptions. Item No. 10 MANAGER'S REPORT The Council had no discussion on the Manager's report. Item No. 11 AGENDA FOR NEXT TOWN COUNCIL MEETING Town Manager Russ Forrest reviewed the items on the agenda for July 19, 2010 and stated the addition of a discussion regarding potential ballot language. Item No. 12 APPROVAL OF MEETING MINUTES FOR May 17, 2010 June 7, 2010 Mayor Bill Boineau made the motion to approve the Minutes for May 17, 2010 Regular Meeting of the Snowmass Village Town Council. Arnold Mordkin seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. Markey Butler made the motion to approve the Minutes for June 7, 2010 Regular Meeting of the Snowmass Village Town Council. Reed Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. Item No. 13 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Council Member Lewis was absent for the Urban Renewal discussion and asked that it come back before Town Council on a future agenda when all Council Members are present. Reed Lewis made the motion to approve revisiting the Urban Renewal Authority on a future agenda. Markey Butler seconded the motion. The motion was approved by a 07 -06 -10 TC Minutes Page 6 of 7 vote of 3 in favor to 1 opposed. Council Member Wilkinson was absent. Voting Aye: Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: and Mayor Bill Boineau. Council Member Lewis asked that the demolition portion of the "Tool Box" come before Council for review as soon as possible. Town Manager Russ Forrest stated the "Tool Box" will be presented to Planning Commission in the near future. Council Member Butler spoke to the Continued Care Retirement Community and stated she attended a meeting of the Board of County Commissioners and that a study was reviewed and property is being looked at to build 40 units for CCRC. Butler also noted that the Conservatory process will continue by forming a task force of interested community members to develop an operational plan and a possible non- profit organization carry this project forward. Mayor Bill Boineau noted that Water and Sanitation is putting a new line into Zeigler Pond so there is no water in the Ditch Trail at this time. Boineau also directed staff to work with Related WestPac on the facade of Building 8 prior to this winter when Building 7 opens. He also asked staff to look into a different location for the Lodge vans to drop off guests. Currently it is at the Treehouse and that location has proven not to be effective. He suggested that the Town work with other local jurisdictions on solar and renewable energy. Item No. 14 EXECUTIVE SESSION Town Council will now meet in Executive Session pursuant to CORPS. 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); At 9:36 p.m. Mayor Bill Boineau made the motion to enter closed session Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None 07 -06 -10 TC Minutes Page 7 of 7 At 10:10 p.m. Reed Lewis made the motion to approve reconvening to the Regular Meeting of the Snowmass Village Town Council on Tuesday, July 6, 2010. Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. Item No. 15 ADJOURNMENT At 10:11 p.m. Mayor Bill Boineau made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Tuesday, July 6, 2010. Arnold Mordkin seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. This set of minutes was approved as amended during the July 19, 2010 Town Council meeting. Submitted By, Rhonda B. Coxon, Town Clerk