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12-20-10 Town Council Minutes SNOWMASS VILLAGE REGULAR MEETING MINUTES DECEMBER 20, 2010 CALL TO ORDER AT 4:00 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, December 20th, 2010 at 4:03 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. 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; Donna Garcia, Deputy Town Clerk; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Mark Hogan, Mel Blumenthal, Dan DiMaria, Tom Todd, David Corbin, Garrett Hoelscha, Brian Wells, Colin Constantine, David Chambers, Linda Chambers, Howard Gross, Sally Sparhawk, Doug Mercatoris, Shawna Brown and other members of the public interested in items on today's agenda. Item No. 2 PUBLIC NON AGENDA ITEMS Steve Parmalee resident of Snowmass Village spoke to the idea of raising property taxes; he stated that this is not always a solution as this could impact revenues. Mark Hogan a resident of Snowmass Village who lives on 3945 Brush Creek Road would like to find a common ground to restore bus service to the Homestead. This is the Route 4 bus and the service has been discontinued due to a safety issue. Rhonda Bazil a Snowmass Village resident on Brush Creek owning a single family home also requested that the Town consider re- instating this bus stop. Baxter Breaux a resident of Snowmass Village for 35 years on Brush Creek road also requests that the bus stop be reinstated. 12 -20 -10 Town Council Minutes Page 2of9 Item No. 3 COUNCIL UPDATES Council Member Haber noted that he visited the Denver Museum of Nature and Science over the weekend and he was able to see all the bones that were recovered and was able to watch as they worked on the bison skull. Council Member Butler wished everyone a Happy Holiday season. Mayor Boineau stated he attended a RFTA meeting and Scott Tipton was in attendance, he noted it appears everyone is tightening their belts including the Federal Government. Council Member Kucker thanked Susan Hamley for putting up the mastodon banners in such a timely manner. He thanked Anderson Ranch for great ice sculpture. He also thanked all those who filled out applications for the "Tusk" force. Item No. 4 RESOLUTION NO. 54 SERIES OF 2010 GRANTS A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS BUDGETED FOR GRANT CONTRACTS TO CHARITABLE AND HUMAN SERVICE ORGANIZATIONS ONLY Sally Sparhawk, representing the Citizens Grant Review Board, presented the board's suggestions for distributing the $40,000 for Charitable and Human Service organizations for 2011. After discussion Council Member Butler stated her concern with the amount that was distributed this year and would like Council to revisit this budget amount again in March. Council Member Haber inquired about those who have requested money but have not received any. Sparhawk explained that these groups have greater resources and fund raising capabilities. Council Member Haber would like to see more background information on each group requesting funding. Markey Butler made the motion to approve Resolution No. 54, Series of 2010 authorizing the expenditure of funds to the Charitable and Human Service organizations. Fred Kucker seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: John Wilkinson, Markey Butler, Mayor Bill Boineau, Jason Haber, and Fred Kucker Voting Nay: None. Item No. 5 DISCUSSION CONSIDERATION OF THE SPECIAL REVIEW APPLICATIONS FOR THE ELK CAMP RESTAURANT AND A NIGHT LIGHTING PLAN FOR NIGHTTIME OPERATION TO 1200 MIDNIGHT TOGETHER WITH THE ASSOCIATED MINOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO SNOWMASS MOUNTAIN 12 -20 -10 Town Council Minutes Page 3of9 Senior Planner Jim Wahlstrom noted the purpose of this meeting is to consider the Applicant's proposed applications concerning the Elk Camp Restaurant. He provided core issues for Council to consider during the review and discussion with the applicant. Aspen Skiing Company Planning Director David Corbin and Project Manager /Planner Chris Kiley were present representing the applicant. Kiley provided a presentation that showed the proposed Elk Camp restaurant is planned next to the east side of the top terminal for the Elk Camp Gondola at Elk Camp Meadows. It is proposed for utilization as the main site and base camp for on- mountain, winter and summer, day and night time dining, activities, special and group events. Interior seating would be available in an approximate 250 -seat "great room" with side seating areas. A separate bar for approximately 20 seats, an outdoor deck for 150 seats and a children's ski school dining room are included as other seating options and functions. Public restrooms are located on both levels of the proposed facility. The other specific requests contained within this application include: Approval of the lighting plan for night time operations. A Special Review approval is requested for night lighting as per the Final PUD Guide (i.e., from Ordinance No. 2, Series of 2005). A request to allow construction seven days per week to facilitate ongoing summer operations and to accelerate within the shortened, high altitude construction season. Pursuant to the Final PUD Guide approved via Town Council Ordinance No. 2, Series of 2005, night use of the Elk Camp Gondola and the associated restaurant are allowed until 12:00 a.m. year- round. The Final PUD Guide, however, requires Special Review approval for night operations that require lighting. Reference the comments made by the Colorado Division of Wildlife dated July 9, 2010 The construction time would take two seasons in efforts to open the restaurant by the 2012 -13 winter ski season. The applicant proposes to break ground in June 2011. The associated Minor PUD Amendment application has been submitted concurrently with the Special Review applications as a means to propose modified updates to the usages, figures and development parameters in the Final PUD Guide that would also accommodate the new Elk Camp Restaurant as well as clarify usage definitions. Town Council discussed with the applicant the demolition of Cafe Suzanne, wildlife impacts, lighting plan for nighttime operations, building design, floor plans and usages, pedestrian and skier circulation and construction management plan, deck seating and the seven days a week construction request. 12 -20 -10 Town Council Minutes Page 4 of 9 Town Council took Public Comment at this time. Steve Parmalee a resident of Snowmass Village thinks that this is a great project and the perception is that Snowmass Village still has progress going on. Town Council took a break at this time. Item No. 6 PUBLIC HEARING AND RESOLUTION NO. 52 SERIES OF 2010 WAFFLE SHRINE A RESOLUTION CONCERNING ISSUANCE OF AN ANNUALTEMPORARY USE PERMIT FOR THE WAFFLE SHRINE LOCATED ADJACENT TO THE PLAZA AT BASE VILLAGE Planning Director Chris Conrad introduced the applicants Garrett Hoelscher, Colin Constantine and Brian Wells from the Waffle Shrine, LLC who are requesting approval of an Annual Temporary Use Permit "ATUP that would allow a Retail Merchandising Unit (RMU) to be located adjacent to the Base Village Plaza at the same general location as where the Magic Buzz Volkswagen bus was located for the 2010/2011 ski season only. Conrad states that the applicants submitted a petition with signatures in favor of the applicant and after the packet deadline a letter was submitted by the Aspen Skiing Company in regards to the location and for the record the Clerk has distributed this document to the Council. At 6:10 p.m. Mayor Boineau opened the Public Hearing for Public Comment. Constantine, Well and Hoelscher spoke to Council in regards to their menu, and they feel they would rapidly contribute to the vitality, vibrancy and variety of the Base Village Mall. They noted that their Liege Waffles are not offered anywhere else in Pitkin County and they feel they fill a niche and satisfy a demand in the snow sports community. They also stated the waffles will serve as a "quick snack" to tide over the appetite of the typical skier or snowboarder. Town Council comments consisted of issues regarding temporary structures, kiosks in Base Village, lack of policy by the Town for these structures, brick and mortar versus temporary structures, impact on other businesses in the mall and in Base Village, philosophy of free market economy and legal competition and the consideration of the landlord of the property. At this time Council took comments from the Public: LC Chambers owner of Goodfellow's Pizza in the Snowmass Village Mall spoke to the balance between the commercial and the residential. Owner since 1996 in Snowmass Village, she does not know the answer but there needs to be a balance and now everyone is sharing the same number of people visiting and summer business is definitely down. She spoke to "two villages" and maybe we should work on letting everyone know what is where between the mall and Base Village. 12 -20 -10 Town Council Minutes Page 5 of 9 Shawna Brown representing Jennifer Hayes owner of the Sweet Life located in Base Village said they cannot keep competing with these continued small businesses. David Chambers owner of Goodfellows Pizza in Snowmass Village does not think it is fair that he pays rent 12 months a year and someone can come in with a new business for four months of the busiest time of year and share the wealth, he called it "cherry picking" the best of the business. Bob Sirkus a resident of Snowmass Village member of the Planning Commission challenges the Council to meet with the Base Village landlords to understand their strategy behind approval of thise temporary businesses and reach an agreement and a mutual goal for the future of Snowmass Village. Scott Caliham a resident of Snowmass Village and owner of Base Camp located in Base Village and the owner of the previous temporary "Magic Buzz" that was located in the Base Village last winter season spoke to the governments past role in the dissecting of the PUD and approval of the Base Village kiosks after the PUD approval. He states that is it a very different environment today compared to a year ago. There is definitely a skewed number between the commercial and the needed residential to support the current commercial. Mel Blumenthal not speaking on behalf of the Part Time Residents Advisory Board but as a Part time resident of Snowmass Village noted he tends to agree with Council Member Kucker in free market fair competition and he also feels the applicant has a very special niche and we should encourage new business. At this time the Council reviewed Resolution No. 52, Series of 2010 and there were some clarifications made by the Town Attorney John Dresser added on page 78 of the packet and page 2 of the Council resolution under section three, condition number four state there will be no administrative renewal, the applicant must go through the entire process again as a new application." be added to the language. The applicant also addressed the changes made to the physical design of the temporary structure by direction of the Planning Commission members. Fred Kucker made the motion to approve Resolution No. 52, Series of 2011 as amended approving the annual temporary use permit for the Waffle Shrine. Jason Haber seconded the motion. The motion was approved by a vote of 3 in favor to 2 opposed. Voting Aye: Mayor Bill Boineau, Fred Kucker, and Jason Haber. Voting Nay: John Wilkinson, and Markey Butler. Mayor Boineau closed the Public Hearing at 7:25 p.m. 12 -20 -10 Town Council Minutes Page 6of9 Item No. 7 PUBLIC HEARING AND RESOLUTION NO. 53 SERIES OF 2010 TASTERS PIZZA CART A RESOLUTION CONCERNING ISSUANCE OF AN ANNUAL TEMPORARY USE PERMIT FOR TASTER'S PIZZA CART LOCATED ADJACENT TO THE ELK CAMP GONDOLA AT BASE VILLAGE Mayor Boineau disclosed that his wife works for Taster's in Snowmass Village but he does not feel it will taint his judgment of this application. Council Member Wilkinson disclosed that he is the insurance agent for Taster's and he will recuse himself. Planning Director Chris Conrad stated Tasters Restaurant, Inc. "Applicant is proposing to locate a temporary, small food cart or Retail Merchandising Unit (RMU) adjacent to the base terminal of the Elk Camp Gondola and Four Mountain Sports in Base Village during the 2010 -11 Ski Season only. Stacy Forster and Heather Hall the owners of Taster's Pizza currently operate two (2) restaurants, one is at the Snowmass Center in Snowmass Village and the other is located in a building near the Rio Grande Park in Aspen. The Applicant intends to sell pizza slices and non alcoholic beverages as a casual "grab- and -go" food service operation. The 64 -inch food cart includes a pizza warmer, oven, food /drink iceboxes, water tanks and a sink with two wheels and a detachable tow bar. The portable cart measures 42.5" by 64.5" and it is 36" high. The cart will be removed from the site each day and stored overnight. At 7:25 p.m. Mayor Boineau opened the Public Hearing for Public Comments. Shawna Brown representing Jennifer Hayes owner of the Sweet Life located in Base Village stated that with the opening of two new restaurants in Base Village, Buchi and base Camp the Sweet Life is down twenty percent this year and the any new business taking away $5 affects business. Doug Mercatoris owner of the Mountain Dragon restaurant in the Snowmass Mall was present to support Hall and Forster in their endeavors and it is appropriate for this location within Base Village. At this time the Council reviewed Resolution No. 53, Series of 2010 and there were some clarifications made by the Town Attorney John Dresser added the same change provide by Council for Resolution No. 52, Series of 2010 under section three, condition number four should state there will be no administrative renewal, the applicant must go through the entire process again as a new application." be added to the language. Fred Kucker made the motion to approve Resolution No. 53, Series of 2011 as amended for approving the annual temporary use permit for Taster's Pizza cart. Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. 12 -20 -10 Town Council Minutes Page 7 of 9 At 7:40 p.m. Mayor Boineau closed the Public Hearing for public comment. Town Council took a break at this time. Item No. 8 SECOND READING ORDINANCE NO 18 SERIES OF 2010 EXTENSION OF MORATORIUM AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEW LAND USE APPLICATION SEEKING DEVELOPMENT APPROVAL FOR REAL PROPERTY LOCATED IN THE WEST VILLAGE COMPREHENSIVELY PLANNED AREA AND FARAWAY RANCH NORTH Town Attorney John Dresser noted this is second reading of Ordinance No. 18, Series of 2010 extending the moratorium to June 30, 2011. Markey Butler made the motion to approve roll call vote for Second Reading of Ordinance No. 18, Series of 2010 extending the Moratorium through June 30, 2011. 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, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. Item No. 9 REVIEW OF ICE AGE DISCOVERY COMMITTEE APPLICATIONS Town Manager Russ Forrest stated the purpose of this meeting is to re -cap the process and procedure that has taken place for creating the Ice Age Discovery Committee (IADC). He noted that Council is requested to determine who they would like to interview at the next Council meeting which would be January 3rd, 2011. Russ Forrest stated that Rhonda Bazil would be the representative for the Water and Sanitation District and Gail Schwartz is being recommended for the Ex Officio of the Task Force. Council recommended voting these members at this time. Markey Butler made the motion to approve the appointment of Rhonda Bazil and Gail Schwartz to the IADC. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. 12 -20 -10 Town Council Minutes Page 8of9 Council directed staff to put together questions for the education and citizen -at -large applicants to help Council better decide which applicants may be the best suited for interviews. They also appointed Julie Ann Woods to the construction position. Item No. 10 MANAGER'S REPORT Council Retreat Town Manager Russ Forrest reminded Council that the retreat will begin at 3:00 p.m. and he will be sending a tentative agenda and he would like to know what does Council want to accomplish during their term as in strategic goals. Item No. 11 AGENDA FOR NEXT TOWN COUNCIL MEETING FOR JANUARY 3 2011 Town Council discussed additions and changes to the January 3, 2011. Item No. 12 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Easements Council Member Wilkinson asked that the Town of Snowmass Village do an inventory of all easements in Snowmass Village, there was not Council consensus on this request. At this time the Council went into Executive Session, this item was not on today's agenda. At 8:53 p.m. Markey Butler made the motion to convene into Executive Session on Monday, December 20, 2010. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. 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 one item: a) 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); 12 -20 -10 Town Council Minutes Page 9of9 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, position, resolution, regulation, or formal action shall occur at this Executive Session. At 9:31 p.m. Markey Butler made the motion to reconvene to the Regular Meeting of the Snowmass Village Town Council on Monday, December 20, 2010. Jason Haber seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. Item No. 13 ADJOURNMENT At 9:32 p.m. Markey Butler made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, December 20, 2010. Jason Haber seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. This set of minutes was approved by the Snowmass Village Town Council at the Regular Meeting on Monday, February 7, 2011. Submitted By, A, 'e 6" 1 Rhonda B. Coxon, Town Clerk