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01-03-11 Town Council Minutes SNOWMASS VILLAGE REGULAR MEETING MINUTES JANUARY 3, 2011 CALL TO ORDER AT 4:00 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, January 3, 2011 at 4:03 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Markey Butler, Jason Haber, and Fred Kucker. 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, Tom Todd, David Corbin, Susan Cross, Rhonda Basil, Robert Campbell, Jeff Edelson, John Mele, Kevin Wright and other members of the public interested in items on today's agenda. Item No. 2 PUBLIC NON AGENDA ITEMS George Huggins a Snowmass Village resident and a member of the Environmental Advisory Board (EAC) provided Council with highlights of the accomplishments of the EAC. He also took this opportunity to thank some of the Town's "green stars" that have gone above and beyond the call of duty in their respective departments. Joe Coffey and his Housing staff, Greg Fitzpatrick from Transportation and Nick Reitter from Town Facilities Maintenance. Item No. 3 COUNCIL UPDATES Ice Rink Council Member Haber stated that the ice is ready and skating is now available for the public. Lights at Rink 0 1 -03-11 tc Minutes Page 2 of 8 Council Member Butler requested the lights be checked as they appear to be very dim and possibly a safety issue. Brush Creek and Kearns Light Mayor Boineau asked about the light at the intersection of Kearns and Brush Creek near the Town Hall entrance. A bulb out and this creates a safety issue. Discovery Center Council Member Butler inquired where we are with this; Town Manager Russ Forrest noted we are still looking for space. Ice Age Brochure Council Member Wilkinson received a brochure of the Ice Age discovery produced by third grader Asher Hoyt from Teller Elementary School in Denver. He would like Susan Hamley to send a thank you letter from the Town. Base Village Council Member Fred Kucker spoke to a conversation that he had with Jim DiFrancia in regards to the foreclosure date and the Conference Center space in the Capital Peak building. He would put forth Town Council think about discussing this item further. Item No. 4 RESOLUTION NO. 1, SERIES OF 2011 DESIGNATION OF PUBLIC NOTICE BOARDS CONSIDERATION OF A RESOLUTION DESIGNATING THE LOCATION OF THE OFFICIAL PUBLIC NOTICE BOARDS FOR THE TOWN OF SNOWMASS VILLAGE Town Clerk noted that the only change in this resolution from years past is the official Public Notice Board is now only the location in Town Hall. The notice board at the Snowmass Center will still be utilized but not the official location due it not being a secure location. Markey Butler made the motion to approve Resolution No. 1, Series of 2011 Designation of Public Notice Boards for the Town of Snowmass Village for the year of 2011. Jason Haber seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: John Wilkinson, Jason Haber, Markey Butler, Fred Kucker and Mayor Bill Boineau. Voting Nay: None. Item No. 5 RESOLUTION NO. 2, SERIES OF 2011 APPOINTING MUNICIPAL JUDGE- A RESOLUTION APPOINTING H. LAWSON WILLS AS MUNICIPAL JUDGE SETTING THE TERM OF OFFICE AND COMPENSATION. 0 1 -03-11 tc Minutes Page 3 of 8 Judge H. Lawson Wills spoke to Council on philosophy and provided information on the last twelve months of court activity. Jason Haber made the motion to approve Resolution No. 2, Series of 2011 appointing H. Lawson Wills as Municipal Judge for the Town of Snowmass Village for the year of 2011. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Fred Kucker, John Wilkinson, Jason Haber, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. Item No. 6 RESOLUTION NO. 3, SERIES OF 2011 A RESOLUTION APPOINTING MEMBERS TO NEW TERMS FOR BOARDS AND COMMISSIONS Town Clerk Rhonda Coxon stated there is a total of 18 vacancies this year and she reviewed the incumbents and new applicants for each board. Council interviewed the applicants. After a secrecy vote, Council voted to appoint Michelle Bates to the Liquor Licensing Board as there were two applicants for one position. After discussion Council deferred the Ex- Officio position on the Marketing, Group Sales and Special Events Board until the second meeting in February after the foreclosure date for Base Village. Markey Butler made the motion to approve Resolution No. 3, Series of 2011 appointing all the incumbents that applied for the Boards, and Michelle Bates to Liquor Licensing Authority and postpone the appointment of the Ex- Officio on the Marketing, Group Sales and Special Events Board. 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, Jason Haber, and Fred Kucker. Voting Nay: None. Item No. 7 PUBLIC HEARING AND DISCUSSION CONSIDERATION OF THE SPECIAL REVIEW APPLICATIONS FOR THE ELK CAMP RESTAURANT AND A NIGHT LIGHTING PLAN FOR NIGHTTIME OPERATIONS TO 1200 MIDNIGHT TOGETHER WITH THE ASSOCIATED MINOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO SNOWMASS MOUNTAIN At 4:49 p.m. 0 1 -03-11 tc Minutes Page 4 of 8 Mayor Boineau opened the Continuation of the Public Hearing for comments from the Public. Representing the Aspen Skiing Company Chris Riley and David Corbin discussed the Elk Camp Restaurant and follow up the review and discussion from the December 20th 2010 meeting and consider the applicant's responses on the issues identified today. Kevin Wright from the Division of Wildlife stated the Division's concern of more and more activity on the mountain and the impacts this activity has on the deer, elk and other wildlife in this area. Wright noted that two areas of compromise would be to turn amplified music away from Burnt Mountain and after a certain hour have all amplified music inside when possible. The applicant is in agreement to add these items within the conditions of approval. Town Council reviewed the lighting plan, construction vehicles, skier access, and the construction management plan. At this time Jim Wahlstrom Senior Planner stated that he will prepare a resolution and an ordinance for the next meeting which is January 18, 2011. This will include the Amendment to Snowmass Mountain PUD guide. AT 5:57 p.m. Mayor Boineau continued the Public Hearing to January 18th, 2011. Town Council took a break at this time. Item No, 9 RESOLUTION NO. 5, SERIES OF 2011 IGA Mayor Boineau recused himself as he is the President of the Wildcat Fire Protection District Board. Town Attorney John Dresser stated that the purpose of this Intergovernmental Agreement (IGA) with the Snowmass Wildcat Fire Protection District (SWFPD) is to share revenue generated by false alarms pursuant to the emergency Alarm program in Snowmass Village Municipal Code Section 18 -141 et.seq. He noted that this section establishes an Emergency Alarm program that among other things provides service fees for responses to false alarms. TOSV classifies alarm requests as fire /medical, intrusion or panic. TOSV is the primary response to intrusion and panic requests and SWFPD is the primary response to fire /medical requests. The Emergency Alarm program requires an annual alarm user permit at a cost of $35 per alarm system. The SWFPD has suggested that because it is the primary response for fire /medical alarms requests that it should receive the revenue from false fire /medical alarms to which it responds. The Police department agrees this is equitable. Permit fees generate approximately $20,000 annually which closely approximates the administrative costs of the program. TOSV will continue to retain all user permit fees to administer the program. Pursuant to the IGA, TOSV will track and annually pay to SWFPD the revenue generated by the service fees for fire /medical false alarms reported to TOSV by SWFPD. 0 1 -03-11 tc Minutes Page 5 of 8 Markey Butler made the motion to approve as amended Resolution No. 5, Series of 2011 authorizing the entrance into an IGA with SWFPD. Jason Haber seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Fred Kucker, John Wilkinson, Jason Haber, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. After discussion between staff and Council the consensus was to reinstate service at the Homestead Bus stop and staff will bring back recommendations to Council on how to make this as safe as possible. Item No. 11 MANAGER'S REPORT Town Manager Russ Forrest noted that due to the number of people in the audience today wanting to speak to an item in the Manager's Report, Council has moved to the Manager's Report. Forrest noted that at the last Council Meeting there was a discussion about the Homestead Bus Stop. Several residents living on Brush Creek Road, across from the Homestead Townhomes, are concerned about Shuttle service at what has been an unsigned stop at the Homestead Townhomes. He noted there is a memo in the packet from Transit Director David Peckler on this issue and it also responds to several questions the Council had. After talking with the Transportation staff and the Police Department, the decision to eliminate this unsigned stop was based on valid safety concerns. Forrest stated that at the end of the day he does not feel he can overturn the suggestion from the Transportation Department and he referred to the memo on page 116 and 117 of today's packet. Peckler reviewed responses to questions that Council presented regarding this issue. Mayor Boineau and Council Member Kucker were in agreement with staff's recommendation. Rhonda Bazil resident of Snowmass Village asked that before Council makes a decision they allow the homeowners to comment on the issue. She continued to state that Peckler specifically told her there have been no accidents at this particular bus stop, she also spoke to the safety issues on the bike path, the traffic issues, do not eliminate it but let's try to work it out. She suggests a site visit in ski boots. Bob Campbell a homeowner in Snowmass Village for 26 years and an owner in the Homestead for 17 years spoke to the safety of the bike path and the Blue Roof stop is not convenient for the Homestead and house single family homes on Brush Creek. He noted this actually affects all the single family homes and a potential of 65 people. 0 1 -03-11 tc Minutes Page 6 of 8 Mike Estes President of the Homeowners Association at the Homestead has lived at Homestead for 15 years. He also spoke to the safety issues of the bike path and he noted that he took the time to measure the Sinclair Bus stop which is 14 feet and he noted there is more than that at the Homestead pulls in. He noted that the buses are able to pull completely off the road when dropping off passengers. He stated all the homeowners ask that he bring their concerns forward. He also feels that this will increase the number of cars being driven in Snowmass. Mark Hogan resident of Snowmass Village on Brush Creek Road asked that Council reinstate the bus service at the Homestead. Issues he brought up had to do with, no communication to the residents using the bus stop before and after the Town discontinued service, the proof of accidents, obtaining Police input after the decision was made to discontinue service and there being a alternative discussion for discontinuing service such as rookie driver versus the seasoned staff. He requested this bus stop be reinstated. He also felt this was a decision was made in haste. Baxter Breaux a 33 year resident of Snowmass Village on Brush Creek Road state he has been riding a bus for 17 years. He feel the decision was made to discontinue service way before Mr. Peckler's facts came out and he does not feel there have been any problems in 17 years and he is requesting the service be reinstated and feels that the facts were made up to fit the circumstances. Tom Todd a resident of 3887 Brush Creek Road a lawyer and spouse of Rhonda Bazil spoke to safety and liability issues and the Snowmass Village Comprehensive Plan. He noted that it is hard to talk about distances in Snowmass Village without talking about grades due to Snowmass Village being built on a hill. He also noted not all the current bus stop routes within Snowmass Village are built within quarter mile from each other as Peckler stated and asked that Council reconsider their decision. Council Member Butler would like staff to find a way to solve the safety and liability issues without spending tons of money. Mayor Boineau has the same concerns and would like to make this stop work for the resident of this area. Mike Estes resident of Snowmass Village and the Homestead, provided copies of some pictures he took today of both sides of the Brush Creek road, these were submitted to the Clerk for the record. Council consensus was to reinstate the bus service at the Homestead as soon as operationally possible and report back to Council recommendations that would make the bus stop safer. Item No. 10 RESOLUTION NO. 6, SERIES OF 2011 AUTHORIZATION TO SELL CCV #1210 AND REMOVE ALL DEED RESTRICTIONS 0 1 -03-11 tc Minutes Page 7 of 8 There being no discussion Council made a motion. John Wilkinson made the motion to approve Resolution No. 6, Series of 2011 authorizing the sale of Country Club Villa 1210. 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, Markey Butler, Jason Haber, and Fred Kucker. Voting Nay: None. Item No. 8 DISCUSSION FOR APPOINTMENTS FOR THE ICE AGE DISCOVERY COMMITTEE Town Manager Russ Forrest stated that the action required at today's meeting is deciding on whom to interview for the final two positions on the IADC: Education and Citizen -At -Large seats. Included in today's packet are the responses to the follow -up questions submitted by the candidates for both of these positions. Council decided to have Sandy Jackson, Sara Schmidt and Andre Wille to come before them for an interview for the Education position. The Council also picked Colleen Doyle, Janis Huggins, Jack Rafferty and Chuck Barth for the Citizen at large position to be interviewed. These applicants will be invited to the Monday January 18, 2011 meeting for individual interviews. At this time Council finished the discussion of the Manager's Report. Tree Recycle Christmas tree recycle at the Black Saddle through next Friday. Council Retreat Council Retreat will now be held at the TOSV Council Chambers. Forrest reviewed the format of the agenda and items to be discussed. Interim Building 7 Town Manager Russ Forrest stated that all the obligations have been fulfilled for this Building so the bond can be released. Item No. 12 AGENDA FOR NEXT TOWN COUNCIL MEETING Town Manager Russ Forrest noted that we will move the REOP discussion and put on a future agenda. He also noted that Jim Horowitz would like some time on the January 18th agenda and there will also be an IGA presented for the Droste Property. 0 1 -03-11 tc Minutes Page 8 of 8 Item No. 13 APPROVAL OF MEETING MINUTES FOR December 6, 2010 Markey Butler made the motion to approve as amended the Minutes of the Regular Meeting of December 6, 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, Jason Haber, and Fred Kucker. Voting Nay: None. Item No. 14 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS R FTA Council Member Wilkinson noted there is a RTFA meeting on January 13, 2011. CAST Town Manager Russ Forrest noted that the Town of Snowmass Village will be hosting a CAST meeting on January 27th and 28th. This will be dinner on the 27th and a meeting on the morning of the 28th in the Council Chambers from 8:00 a.m. 12 noon. Item No. 15 ADJOURNMENT At 8:00 p.m. Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday January 3, 2011. 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, Markey Butler, Jason Haber, and Fred Kucker. Voting Nay: None. This set of minutes was approved by the Snowmass Village Town Council at their Regular Meeting held on Tuesday, February 22, 2011. Submitted By, Rhonda B. Coxon, CMC Town Clerk