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02-07-11 Town Council Minutes SNOWMASS VILLAGE REGULAR MEETING MINUTES FEBRUARY 7, 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, February 7, 2011 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; Susan Hamley, Marketing Director; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Madeleine Osberger, David Corbin, Chris Kiley, Gary Tennenbaum, Dale Will, Jeff Woods, Jerome Simecek, George Bletsas, Mel Blumenthal and other members of the public interested in items on today's agenda. Item No. 2 PUBLIC NON AGENDA ITEMS There were no items for discussion. Item No. 3 COUNCIL UPDATES There were no items for discussion. Item No. 4 CONTINUATION OF PUBLIC HEARING AND SECOND READING ORDINANCE NO. 1, SERIES OF 2011 APPROVING WITH CONDITIONS THE MINOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO SNOWMASS MOUNTAIN At 4:10 p.m. Mayor Boineau opened the continuation of the Public Hearing. 02 -07 -11 tc Minutes Page 2 of 8 There being no comments by the applicant, staff, Council or the public, Mayor Boineau called the question. John Wilkinson made the motion to approve by Roll Call vote second reading of Ordinance No. 1, Series of 2011 approving with conditions the PUD amendment to Snowmass Mountain. Fred Kucker seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. Voting Nay: None. AT 4:12 p.m. Mayor Boineau closed the Public Hearing. Item No. 5 PUBLIC HEARING AND RESOLUTION NO. 15 SERIES OF2011 VICEROY HOTEL ANNUAL TEMPORARY USE PERMIT TO OPERATE AN ELECTRIC SHUTTLE VEHICLE WITHIN THE DESIGNATED FIRE LANE TO THE UPPER "WELCOME CENTER" PLAZA AT BASE VILLAGE At 4:40 p.m. Mayor Boineau opened the Public Hearing. Planning Director Chris Conrad stated that the Viceroy has submitted an Annual Temporary Use Permit "ATUP to receive approval to operate a 9- passenger, open air, Star Electric Vehicle "SEV from the hotel to the upper Base Village Welcome Center (Building 7) area. The shuttle service would operate on an as- needed basis, 7 days a week from 8:00 AM to 11:00 PM for a 12 -month period. There would be a route from the Viceroy porte cochere crossing Wood Road and proceeding along the designated fire lane to a pick -up /drop -off and turnaround point near the upper Welcome Center in Building The Viceroy Snowmass ATUP application has been placed in the council boxes and copies are available for public review at the planning department. The application contains a consent letter by Destination Snowmass Services, Inc. and conditional authorization from the Snowmass Wildcat Fire Protection District for use of the fire lane. Conrad stated there is a Traffic Assessment prepared by Schmueser Gordon Meyer (SGM) and is included in your packet. The Council reviewed the Resolution and added some language and conditions after discussion between the applicant, Council and staff. Conrad noted that this is an approval for this winter season only. Jason Haber made the motion to approve Resolution No. 15, Series of 2011; the Viceroy Hotel Annual Temporary Use Permit to operate an electric vehicle with the 02 -07 -11 tc Minutes Page 3 of 8 designated fire lane to the upper "Welcome Center" Plaza at Base Village. Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 1 opposed. Council Member Wilkinson was opposed as this is area is a designated fire lane. Voting Aye: Jason Haber, Fred Kucker, Markey Butler, and Mayor Bill Boineau. Voting Nay: John Wilkinson At 5:01 p.m. Mayor Boineau closed the Public Hearing. Item No. 6 DISCUSSION ON EAC (ENVIRONMENTAL ADVISORY COMMITTEE) STRUCTURE Council Member Haber disclosed for the record that he works closely with the EAC as an employee of C.O.R.E. Community Relations Director Lesley Compagnone provided background and recommendations regarding converting the Town's Environmental Advisory Committee (EAC) into an official Town Board per the Municipal Code. She stated that during its retreat last month, Council identified reviewing the structure of the EAC as an important action. It was recommended at that retreat (and in the white paper) that Council determine a goal for sustainability and /or re- affirm the Environmental Sustainability Plan, and re- examine the role of the EAC, a volunteer (ad -hoc) group not appointed by Council. The question has been raised whether the EAC needs to turn into a formal Board, appointed by Council, which in turn gives the group more credibility as well as its own accountability. History and Purpose of the EAC Formed in 2009, The Snowmass Village Environmental Advisory Committee is a collaborative volunteer group committed to updating and accomplishing the goals of the Town's Environmental Sustainability Plan. The committee will provide technical expertise and a broad community perspective in order to develop recommendations concerning projects, programs, policies and operational practices that will benefit the natural environment. The Committee will serve as an advocacy group to encourage community participation in these pursuits, and will establish relationships with other environmental groups, in order to access and leverage support for our efforts. Staff recommends that Council convert the EAC to an official Town of Snowmass Village Board as stated in the Municipal Code. There is also support from the current members of the EAC for this action. It is recommended that the purpose of the new Board remain the same as stated above and consist of no more than 7 members that are interviewed and appointed by Town Council. Board members do not have to be 02 -07 -11 tc Minutes Page 4 of 8 residents of Snowmass Village; they can represent other entities /interests such as CORE, ACES, members of the development community, etc. Council and staff discussed various aspects of the EAC and directed staff to come back with a written purpose and function of the EAC, and they were also in favor of the staff recommendation in developing a official board of the Town of Snowmass Village. Markey Butler made the motion to approve direction to staff to provide the function and purpose of this 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, Fred Kucker, and Jason Haber. Voting Nay: None. Item No. 7 DISCUSSION ON NEXT STEP WITH DROSTE PROPERTY Public Works Director Hunt Walker introduced Dale Will, Gary Tennenbaum and Jeff Woods. He stated that now that the public owns the 845 acre Droste property, staffs from each jurisdiction have met to discuss the management needs of this larger area. The consensus of each is that the public will be best served by a multi jurisdictional planning process to formulate both an interim plan for short term access and wildlife protection, and a long -term management plan for integrating habitat conservation and recreation across the larger assemblage of open space lands. After a lengthy discussion regarding the parcels, wildlife mitigation and wildlife study, trails and partnership, the Council provided comments. Mayor Boineau was in favor of the staff recommendation, Council Member Kucker was not in favor of spending the money, Council Member Wilkinson agrees with the study but is concerned with the dollar amount. Walker noted that there is an opportunity for some grant monies through the Aspen Ski Company. Council consensus was yes on staff requests to include Hidden Valley and Upper North Mesa, Town owned parcel's, in the Droste Master Plan area, yes to including Hidden Valley and Upper North Mesa in the Wildlife Study and maybe to the funding after more information is provided about the contributions from other entities and the Open Space Board exhaust all other funding opportunities before coming back to Council. Markey Butler made a motion to approve the first two requests provide by staff and at this time no approval of money until the Council is made aware of other contributions, by other jurisdictions, with the amounts and all other funding sources have been exhausted. Fred Kucker seconded the motion. The motion was approve by a vote of 4 in favor to 1 opposed. Mayor Bill Boineau was opposed. Voting Aye: Jason Haber, John Wilkinson, Fred Kucker, and Markey Butler. 02 -07 -11 tc Minutes Page 5 of 8 Voting Nay: and Mayor Bill Boineau. Dale Will from the Pitkin County Open Space Board will come back to Council with a more specific budget for the study and the use of the existing studies and confirm the pledges from the City of Aspen and Pitkin County. Town Council took a break at this time. Item No. 8 ICE AGE DISCOVERY UPDATE/SHORT TERM ACTIONS Town Manager Russ Forrest and Marketing Director Susan Hamley stated that the purpose for today's discussion is to provide Council with an update on planning short term actions related to the ice age discovery; short -tem planning refers specifically to the 45 days of excavation planned for this summer and the creation of a short -term exhibit space. Forrest stated that Related has offered the first floor of the show room in the Mail adjacent to Gene Taylor's to be used as exhibit space for the Ice Age Discovery. This space would be provided for free through October 15, 2011. The Town will pay for utilities, signage, and other miscellaneous expenses. The Snowmass Tourism Department has been working with the Denver Museum to plan an interim exhibit for that space. He noted this is proposed to be paid from the Marketing Fund subject to their Board approval at the February 3, 2011 meeting. Forrest also informed Council about two other costs that the Town is being asked to fund for the planned excavation in May, 2011. The Denver Museum will be funding approximately $700,000- $800,000 for the excavation in 2011. The Snowmass Water and Sanitation District has spent approximately $156,000 for ice age excavation related costs, they both are requesting that the Town pay for security during the 45 days of excavation starting in mid May. He noted that this would involve 12 hours in the evening 7 days a week. This cost may be reduced upon further review or through the use if other security technologies which the Town is investigating. The Town is also being asked to organize and support tours of the site. He noted that no action is needed by the Town Council yet. He stated that staff would like to see if fundraising can off -set some of these costs. Marketing Director Susan Hamley provided a PowerPoint presentation and reviewed the short -term marketing update with Town Council. Item No. 9 MANAGER'S REPORT EOTC Town Manager Russ Forrest noted we may want to put the discussion of Free Bus 02 -07 -11 tc Minutes Page 6of8 service to Snowmass Village on the agenda at some point. CAST Town Manager Russ Forrest stated that the CML Legislative Meeting is coming up in Denver, Thursday March 17th. He also thanked Barb Peckler and Rhonda Coxon for their behind the scene work for the CAST Meeting held in Snowmass Village. Forrest provided a brief overview of that meeting held in Snowmass Village. Item No .10 AGENDA FOR NEXT TOWN COUNCIL MEETING February 22, 2011 Town Council and Staff reviewed the Snowmass Village Town Council regular meeting agenda for February 22, 2011. Town Manager Russ Forrest will provide Council with an Executive Summary of REOP for the new Council Members. Item No. 11 APPROVAL OF MEETING MINUTES FOR December 20, 2010 Regular Meeting John Wilkinson made the motion to approve the Regular Meeting Minutes for the Snowmass Village Town Council on December 20, 2011. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Jason Haber, John Wilkinson, Fred Kucker, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. Council Member Wilkinson stated these was a very well put together set of minutes and thanked staff. Council Member Haber asked if with Granicus we have an opportunity to cut the minutes back, it was decided to keep the same format which is staff information and Council conclusion. Item No. 12 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Ruedi Water and Power Council Member Haber noted he will be meeting with Mark Fuller of Ruedi Water and Power Authority and he asked anyone with comments or concerns for him to take to this meeting, please email Haber at jhaber @tosv.com. X Games Mayor Boineau stated the X Games were a huge success again this year and he stated the contract is up in 2012 and hopes the Ski Company can negotiate a new contract and this event will continue to be located here. 02 -07 -11 tc Minutes Page 7 of 8 Ice Rink Council Member Haber asked about the lighting at the Ice Skating Rink and if it is still open the lights have been dimed due to complaints. Sales Tax leakage from Rentals Council Member Wilkinson asked where we stood with this project and Forrest stated that the Vacation Rental by Owner has a tool for enforcement and work is still in progress with this project. Item No. 13 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); 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 6:40 p.m. Mayor Bill Boineau made the motion to enter closed session 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. At 7:52 p.m. Markey Butler made the motion to approve reconvening to the Regular Meeting of the Snowmass Village Town Council on Monday, February 7, 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. 02 -07 -11 tc Minutes Page 8 of 8 Item No. 14 ADJOURNMENT At 7:52 p.m. Markey Butler made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, February 7, 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. This set of minutes was approved by the Snowmass Village Town Council on Monday, March 7, 2011. Submitted By, Rhonda B. Coxon, Town Clerk