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07-19-10 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA JULY 19, 2010 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 5:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: ASPEN SCHOOL DISTRICT REQUEST FOR OWL CREEK ROAD ONE LANE CLOSURE (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Listen to presentation and provide direction to staff and applicant. Michael O' Connor ...........................Page 1 (TAB A) Item No. 5: CONTINUATION AND PUBLIC HEARING FIRST READING OF ORDINANCE NO. 10 SERIES OF 2010 SNOWMASS MOUNTAIN (Time: 60 Minutes) A MINOR PLANNED UNIT DEVELOPMENT AMENDMENTS TO THE 2008 FINAL PUD FOR SNOWMASS MOUNTAIN CONDOMINIUMS ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny the first reading of the ordinance, as may be modified at the meeting. -Jim Wahlstrom ...........................Page 3 (TAB B) Item No. 6: CREEKSIDE VILLAS NORTH DECK AND GUARDRAIL REPLACEMENT DISCUSSION AND REQUEST FOR APPROVAL TO BEGIN REPLACEMENT WORK (Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approval of the selected contact amount to begin the deck replacement with Housing Excise Tax Funds. -Joe Coffey ...........................Page 71 (TAB C) Item No. 7: DISCUSSION OF POTENTIAL BALLOT QUESTIONS FOR THE NOVEMBER COORDINATED ELECTION 07 -19 -10 TC Page 2 of 2 (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Review and discuss options for ballot issues as presented in the staff memo -Russ Forrest/Marianne Rakowski ...................Page 75 (TAB D) Item No. 8: DISCUSSION REGARDING TOSV LOCAL PURCHASING POLICY (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Discuss and provide direction to staff. -Russ Forrest ...........................Page 80 (TAB E) Item No. 9: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest ...........................Page 87 (TAB F) Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 90 (TAB G) Item No. 11: APPROVAL OF MEETING MINUTES FOR: July 6, 2010 Page 92 AB a e T H Item No. 12: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS ...........................Page 99 (TAB 1) Item No. 13 ADJOURNMENT NOTE: Total time estimated for meeting: Approx 4 hours (excluding items 1 -3 and 10 —12) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. (If the Meeting ends before 9:00 p.m.) SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES JULY 19, 2010 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Tuesday, July 19, 2010 at 5:00 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. Council Member Mordkin arrived at 5:55 p.m. COUNCIL MEMBERS ABSENT: All council members were present. Russ Forrest, Town Manager; Chris Conrad, Planning Director; Jim Wahlstrom, Senior Planner; STAFF PRESENT: Joe Coffey, Housing Director; Marianne Rakowski, Finance Director; Hunt Walker, Public Work Director; and Donna J. Garcia, Deputy Town Clerk Jim Pavisha, Jim DeFrancia, Scott Hall, Michael O'Connor, Mel Blumenthal, Jean Coulter, John Brune, Brian Mazshack, Paul Taddune, James PUBLIC PRESENT: Ohlson, Emzy Veazy, Rob Shiels, Greer Fox, John Roach, Susan Roach, Sally Sparhawk, and other member of the Public interested in today's Agenda items Item No. 2: PUBLIC NON AGENDA ITEMS Representative of Lowe Enterprises, James DeFrancia, introduced himself and Jim Pavisha. DeFrancia explained they have been in a seven -day transitional process working with Related WestPac. DeFrancia assured Council that the work on Building 7 and the Arrival Center is moving forward without delays; they have already addressed the issue of Building No. 8 and are investigating improving the appearance of this building; they have had discussions with the Town Manager regarding a pathway to obtain pedestrian traffic from the Viceroy Hotel to the plaza, with prior work conducted by RWP. In response to an inquiry by Mayor Boineau, DeFrancia stated that the debt amount is approximately $390,000,000. In response to an inquiry by Council Member Butler, DeFrancia stated that the receiver is precluded from buying. Council Member Lewis commented that it seems like Lowe Enterprises has a connection that is closely related in terms of a conflict of interest. Defrancia explained they do not a conflict, rather is a structure that allows smooth continuance of services under a change of ownership and the receiver 07- 19 -10tc Minutes Page 2 of 9 reports to the Court. Pavisha stated that the construction site plan would be taken care of before the snow flies. Council Member Wilkinson commented that one of the issues at the Viceroy was to be condominiumized, which has not happened yet and this is a concern. Pavisha stated there are a number of things that need to occur and the lender has not allowed for those to be condominiumized nor has the condominium map been issued. Wilkinson further stated that the year of 2014 is fast approaching, which is the first 10 years of vesting entitlement of certain things not completed and requested that a plan of action be started with a list of items that would benefit the community. Item No. 3: COUNCIL UPDATES Memorial for Bob Fridstein Council Member Butler announced that Bob Fridstein's Memorial is August 1st and will be posted in the Snowmass Sun newspaper and invited people to attend in his honor. Little Red School House Council Member Lewis reported that the LRSH conducted a fund raiser yesterday and thanked everyone who participated. Community Picnic Lewis announced that the Annual Community Picnic is scheduled for August 13th at the Recreation Center beginning at 4:00 p.m. and he has collected donations just under $3,000 and we need to raise another $1,000. Donations may be mailed to his Post Office Box 5203 here in Snowmass Village or dropped off at Town Hall. Item No. 6: CREEKSIDE VILLAS NORTH DECK AND GUARDRAIL REPLACEMENT DISCUSSION AND REQUEST FOR APPROVAL TO BEGIN WORK Housing Manager Joe Coffey provided Council with a brief background and requested Council approval to begin the deck and guard rail replacement of the Creekside and Villas North Apartment buildings. Coffey stated that staff highly recommends Crystal Springs Builders as the General Contractor to perform this work. Town Council and staff discussed trek decking as opposed to wood decking, bowing and fading concerns, railing designs, as well as funding for the replacement to come from the Excise Tax Fund. In response to an inquiry by Mayor Boineau, the Housing Manager explained that construction bonding has been discussed for this project and Crystal Springs Builders is agreeable to adding a construction bond, which will add approximately $5,250 to the construction costs; staff does not think a bond is necessary for this work. 07- 19 -10tc Minutes Page 3 of 9 After further discussion, the Mayor and Town Council requested that the construction bond of $5,250 be allowed and approved commencement of work on the deck and guard rail replacement of the Creekside and Villas North apartment buildings. John Wilkinson made the motion to approve Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin had not yet arrived. Voting Aye: John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. NOTE: Council Member Mordkin arrived at 5:55 p.m. Item No. 4: ASPEN SCHOOL DISTRICT REQUEST FOR OWL CREEK ROAD ONE LANE CLOSURE Public Works Director Hunt Walker provided Council with a brief background and stated that the current road cut request by the ASD is for two permits 1) to locate where the water line is and 2) to then cut the road, which means going to one lane of traffic. Walker commented that according to the Construction Management Plan, this type of work done during the shoulder season requires Council approval. Resort Opportunities Investments (ROI), LLC Representative for ASD, Michael O'Connor provided Council with a PowerPoint presentation and submitted an up -dated site map depicting Meadow Ranch driveway. The Town Manager explained the other timing issue related to special events and stated that the Marketing Director is apprehensive to any work being done because of the Car Show scheduled for the same weekend of the road cut construction. Council Member Mordkin disclosed he lives and rents at Meadow Ranch and has spoken with the President of the Homeowner's Association and objects to proceeding with this application because nobody was notified at Meadow Ranch. After discussion, Council stated the proposed road cut to access waterlines is not an appropriate time and did not approve the request. Markey Butler made the motion to approve the Aspen School District Request as presented today and the motion failed due to lack of a second. 07- 19 -10tc Minutes Page 4 of 9 Voting Aye: Markey Butler. Voting Nay: Mayor Bill Boineau, Reed Lewis, Arnie Mordkin and John Wilkinson. Item No. 5: CONTINUATION AND PUBLIC HEARING FIRST READING OF ORDINANCE NO. 10 SERIES OF 2010 SNOWMASS MOUNTAIN Senior Planner Jim Wahistrom provided Council with information regarding the purpose of today's discussions and stated that staff has prepared a First Reading Ordinance, which includes the Applicant's latest supplemental addendum to the application included within the ordinance as exhibits. Wahistrom reported that the supplemental review is also described within the Development Agreement. Mayor Bill Boineau opened the Public Hearing at 6:25 p.m. The Applicant Representatives Paul Taddune and James Ohlson were present to answer any questions Council and stated that they are ready to move forward with Second Reading of Ordinance No. 10, Series of 2010 upon Council's approval of First Reading today. Town Council, staff and the Applicants began reviewing the ordinance page by page making appropriate corrections to the ordinance. There being no further discussion or amendments, Mayor Boineau continued the Public Hearing to the August 2, 2010 Town Council meeting for Second Reading. Markey Butler made the motion to approve First Reading of Ordinance No. 10, Series of 2010 seconded by Mayor Boineau. 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: DISCUSSION OF POTENTIAL BALLOT QUESTIONS FOR THE NOVEMBER COORDINATED ELECTION Town Manager Russ Forrest provided Council with a brief update regarding the status of two retiring bond issues and whether or not to reinstate the mill levy (or a portion thereof) for other uses. Forrest stated that in early spring the Town began looking at the current debt structure and reviewed details with the Financial Advisory Board (FAB). The FAB looked at the debt service opportunities to restructure. Refinancing debt for Town Hall and turning that into a GO Bond versus a COP, the FAB concluded with the Town's Investment Banker, Russ Caldwell that given the numbers, it didn't make sense. Finance Director Marianne Rakowski provided a brief overview and breakdown of numbers 07- 19 -10tc Minutes Page 5 of 9 from the General and RETT Funds and referred Council to packet page 76 depicting the 2010 financial updates. She stated to maintain financial sustainability while continuing to provide excellent service throughout the community during the continuing recession and slow pace of the economic recovery has proven to be challenging at best with no end in sight. The General Fund revenues were reduced from budget by $363,165 due to reduced building permit revenue and she increased the revenues to $405,000 based upon the Planning Department revenues that the Town probably won't meet budget on. She looked at 2011 through 2014 and revised all of those numbers but left the number for the expenditures exactly the same because those were based upon conservative budgets and currently the Town is tracking very closely to 2010 revised. Rakowski reported that the Town is still over budget by approximately 4% on the sales tax revenues, June's numbers are not yet in and we don't know at this point how the rest of the summer is going to end up. She reported that RETT revenues from Base Village were revised down from $526,500 to -0- while increasing RETT resale revenues from $689,113 to $1,000,000, using $300K from RETT fund balance in order to maintain current budgeted expenditures for bus purchases and parks recreation. Rakowski reported that the two bonds that are retiring include the road bond and the operations facility bond. The mill levy that pays for these bonds is currently set at .81 mills and generates $559,091 from property taxes and those bonds will be paid off at the end of this year. In response to an inquiry by Mayor Boineau, Rakowski stated the Town just refinanced the Droste Bond, which goes out to 2017. In addition to that we have the Rodeo Bonds, which will be paid off next year but if one recalls, the Town used the Rodeo Bonds and wrapped the Recreation Center Bonds around those, which means that for the first year or so the Town is not paying any principle on the Recreation Center Bonds until the Rodeo Bonds get paid off in an effort to try and keep the mill levy and the cost to the tax payers down. Rakowski reported that the next one we have is the Pool Bond, which gets paid off in 2018, Droste gets paid off in 2019 and the Recreation Center gets paid off in 2026. FAB Member Rick Griffin provided Council with two FAB proposals as follows: 1) It was unanimous that the FAB passed a motion that the Town needs money, as it is running on bare bones and have had some one -time budget cuts but we can't run on budget cuts; and 2) People aren't going to pass an issue that then raises their taxes; we want to target specific bond issues. Griffin further stated that they are recommending the money not be put in the General Fund and 60% of the property tax money go towards transportation and 40% will go toward parks, trails and Recreation Center deficit to operate and open. The Town Manager clarified that the recommendation had a 100% agreement on the 60% towards transportation and there was one dissenting vote on the 40% for the Recreation Center and open space as discretionary items. Griffin reported that the FAB recommended getting it passed because 07- 19 -10tc Minutes Page 6 of 9 there is going to be other things on this ballot and people are going to have to make a lot of decisions. Griffin reported that the FAB, staff and Town Council need a conservative budget and conservative approach in order to be successful in the next two -to -three years. Markey Butler clarified that there are two ballot issues 1) 60% for transportation in the General Fund and 2) 40% for Parks and Recreation. The Town Manager reported that the Town is still potentially looking at cuts. Council Member Butler commented that if we lower the .81 and if we don't see the tourist dollars come in from an operational perspective we might be cutting additional transportation as well as Town staff. Rakowski explained that if we went to the .75 the 60% would generate $310,000 for transportation and 40% would generate $206,000 for recreation. Rakowski stated that after the FAB meeting she determined rather than to have the ballot question set up so that it's a specific mill levy, she recommends that we use the dollar amount that would be generated by .75 instead so that we know we are going to generate $517,000 no matter what happens with assessed value. Pitkin County Commissioner's Jack Hatfield and George Newman along with Dale Will, Director of Trail and Open Space were present to comment at this time. Commissioner Hatfield stated there is a conversation within Open Space staff and the Board of County Commissioners relative to a potential purchase of property that could benefit conservation and recreation in the Upper Valley. He stated at some juncture if the County Commissioners are able to proceed with a contract they would like to attend the next Council meeting to share various components of the property purchase as a public discussion item. The Town Manager clarified there is a reality of what people will support; staff and the FAB are in agreement that transportation is one of our most significant costs and where we have already seen the first cuts in Route No. 7, there are other things such as the Recreation Center and Open Space to consider. He again stated that the RETT Fund is not a stable fund and the Town is paying annual operating costs for that. Council Member Wilkinson inquired of the Town Finance Director in terms of the transfer of funding for operational cost to a property base, what percentage of that is sales tax? In response, Rakowski stated that it is approximately 6% because currently the Town is getting approximately $300,000 in the General Fund, which is 2% 3 it's not a huge percentage of the Town General Fund Budget; sales tax is approximately 28 Wilkinson inquired of staff "If we did authorize this it indicates that the assessment value on a million dollar property would be at .81 which is $64.00 per year. Rakowski stated at .75 it would be approximately $59.00 per year. Wilkinson further commented regarding the re- assessment and how this may affect the budget going forward and suggested staff talk to Tom Okin in an effort to make sure it does not drop down too low and thereby trigger other financial 07- 19 -10tc Minutes Page 7 of 9 problems. Rakowski reported other communities are considering getting lease obligations such as the COP paid off so that it doesn't ratchet down the tax base. Rick Griffin stated that the FAB implemented two years ago that we start having a reserve and the Town has respected that recommendation and has not used that reserve for other projects so Snowmass is still going to hurt if ballot initiatives get passed but the Town has been proactive. The Town Council consensus directed staff to place continued discussion of this issue on the next Agenda and keep a place marker on a future Agenda for the potential discussions with the County. Item No. 8: DISCUSSION REGARDING TOSV LOCAL PURCHASING POLICY The Town Manager, Russ Forrest provided the Town Council with a brief overview of what the Purchasing Policy is and explained that it encourages staff to purchase locally and secondary preference may be given to businesses within the Roaring Fork Valley. Council Member Wilkinson stated his support for implementation of the Purchasing Policy being inserted to the existing Administrative Policy, with specific language explaining what qualifies as a local business. Council Member Lewis commented that 5% is too low when referencing the cost of living or costs per square footage the retailer is paying, in addition to what they have to pay people to work in Snowmass Village. He further stated that the other non visible element is keeping people employed, educating visitors and locals on what buying outside this community does to the local economy. Lewis stated, "in terms of percentage rate maybe we are talking more around the range of 15 Lastly, he requested that staff find out what the cost for retail space rent is in other communities compared to Snowmass Village. In response to an inquiry by Council Member Butler, who stated 10% be the maximum, Rakowski recommended if the maximum is set at 10% or higher there should be a cap set. Council Member Lewis requested that staff offer the opportunity to match lower bids to keep sales in Snowmass Village, with an allowable clause in the policy. Council Member Mordkin stated his disapproval of setting the cost at 15% because he is not willing to place that kind of a burden upon the community; it is more palatable for him at 10 07- 19 -10tc Minutes Page 8 of 9 Local Resident and Member of the Environmental Action and Housing Committees, Sally Sparkhawk stated her support to implement the policy and supported offering the community a last look at a better vendor and opportunity to see if they can match it. After further discussion, Council majority directed staff to implement the Purchasing Policy, which would allow purchasing from local as defined in staff's suggestion so long as the contract is not greater than 10% as a low bid, with a maximum of 20% guidelines and permit local businesses a last look. Item No. 9: MANAGER'S REPORT The Town Manager Russ Forrest referred Council to packet page 87, lists of issues staff began working with the Base Village Receivership and inquired of Council if there is anything they see within the next 30 -60 days that Base Village Receivership needs to be aware of. After further discussion, Town Council requested that further discussion of this item be placed on the August 2nd Agenda as a Public Hearing which would allow Council to put a strategy in place and answer questions from the public sector. The Town Manager suggested that Jim D'Agustino be invited to this meeting, as well as conducting a scoping meeting since the foreclosure could be extended to 120 days and provide Council with a couple of options to review. Council Member Wilkinson also requested that the URBAN Renewal Authority discussions be placed on the August 2nd Town Council meeting Agenda. Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING Council Member Butler reported that she might be a little late for the August 2, 2010 Town Council meeting. The Town Manager reported that the REOP is scheduled for discussion on August 2nd with the Environmental Committee and staff has the frame work of a modification to that ordinance in draft. Council consensus requested that this be kept on this Agenda as well as the ballot question. Item No. 11: APPROVAL OF MEETING MINUTES FOR: July 6, 2010 Council Member Wilkinson stated that he has provided the Deputy Town Clerk with his changes to the Minutes of July 6, 2010. There being no further discussion or amendments, Markey Butler made the motion to approve the Minutes as amended for July 6, 2010 as amended, John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 07- 19 -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. 12: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Recreation Center Hours Council Member Wilkinson reported that he keeps receiving calls from citizens concerned with the early closing hours on Friday and Sunday nights and requested extended hours be approved. Council Member Lewis reported that he received a disturbing call from a visitor, who did not feel entirely welcomed to the Rec. Center and encouraged the community to be friendlier to our guests. After further discussions, the Mayor, Council and Town Manager determined it would be in the best interest of the community to stay with the current hours of operation at the Recreation Center. RETT Presentation Council Member Lewis inquired of when staff will be providing the Town Council with a current RETT report. In response, the Town Manager reported that it will be placed on the August 16th Agenda, as the Town Attorney will be returning from summer vacation July 26th and needs to review data. August 16, 2010 Meeting Mayor Boineau reported that he may possibly not be available for the Town Council Meeting of August 16, 2010 as he will be in St. Louis. Item No. 13: ADJOURNMENT Markey Butler made the motion to adjourn the Regular Town Council meeting, Reed Lewis seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. The meeting adjourned at 8:10 p.m. 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 August 16, 2010, Respectfully Submitted By: 2. Donna J. Garcia, CMC, Deputy Town Clerk