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02-05-01 Town Council MinutesSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES 02 -05 -2001 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, February 5, 2001 at 4:05 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: PUBLIC PRESENT: Item No. 2: PUBLIC NON AGENDA ITEMS Mayor T. Michael Manchester, Douglas Mercatoris, Arnold Mordkin, Robert Purvis, Richard Virtue Gary Suiter, Town Manager; Steve Connor, Town Attorney; Art Smythe, Chief of Police; Hunt Walker, Public Works Director; Bernadette Barthelenghi, Landscape Architect; Chris Conrad, Planning Director; Laurie Smith, Animal Control Officer; Larry Green, Wildlife Specialist; Carey Shanks, Assistant to the Town Manager; Donna Garcia, Secretary/Records Clerk; Trudi Worline, Town Clerk Madeleine Osberger, Brent Gardner, Smith, John Sale, Jim Wells, Kevin Wright, John Wilkenson, Jeff Tippet, Dawn Keating, Chase Harrison, Jim Williams and other members of the public interested in today's Agenda items. Jim Williams, a 25 -year resident of Snowmass Village requested that Council consider discontinuing the use of aggregate for snow packed roads. He explained that use of the aggregate causes dust and pollutes the air, obscures the lines painted on the roads, runoff adds silt into Brush Creek, it is unsightly and detracts from the beauty of Snowmass Village. He requested that the Town consider using an alternative material, such as magnesium chloride, which would serve the same purpose. Williams informed Council that he took a sample of the water in Brush Creek and had it professionally analyzed. He reported that the water contained no hazardous by- products. 02 -05 -01 tc Page 2 The Public Works Director explained that the Town has recently discontinued the use of magnesium chloride because of its potential to enter the streams, damage it causes to vehicles and its tendency to dissolve concrete. He reported that the Town has purchased a new street sweeper, due to arrive in the near future, and explained that the new sweeper will provide a cleaner operation, generating Tess dust. Mayor Manchester informed Williams that Council would take his comment into consideration. CONSENT AGENDA Manchester outlined the policy for process of the Consent Agenda, explaining that all items included on the Consent Agenda will be considered by Council with one vote. Any items that the public or Council wish to further discuss will be removed from the Consent Agenda and included at the end of the Regular Meeting Agenda. Mordkin made a motion to approve the items listed on the Consent Agenda for this Meeting, seconded by Virtue. There was no opposition stated from the public. The motion was approved by a vote of 4 in favor to 0 opposed. Mercatoris abstained, being identified as the applicant of Resolution No. 11, Series of 2001. Item No. 3: RESOLUTION NO. 11, SERIES OF 2001 CONSIDERATION OF A RESOLUTION AUTHORIZING DOUGLAS MERCATORIS TO APPEAR BEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT AS A REPRESENTATIVE OF THE MOUNTAIN DRAGON RESTAURANT AS AN APPLICANT FOR A TEMPORARY USE PERMIT AUTHORIZING CHINESE NEW YEARS FESTIVITIES Item No. 4: APPROVE WORK SESSION SUMMARIES OF 12 -11- 01,12- 18 -00, 01- 02 -01, 01- 15 -01, 01 -17 -01 AND 01 -18 -01 REGULAR AGENDA NOTE: Mayor Manchester explained that the Agenda changed since notification of the Agenda time for Item No. 5, therefore that Item would be heard last on the Agenda for this Meeting. Item No. 6: DISCUSSION /ACTION SEVEN STAR RANCH FINAL PUD REQUEST FOR EXTENSION. 02 -05 -01 tc Page 3 The Town Manager informed Council that the Federal Court trial of Droste vs. Snowmass Land Partners (Seven Star Ranch) has been postponed. Frances Krazmanich, Land Use Planner representing Peter Droste and family, stated his client's objection to the request for extension of time from Seven Star Ranch. He requested information regarding the plan for Seven Star Ranch to access the property since the two landowners, whose land would be utilized for the access, have stated their opposition for the access. He further explained that the Droste family requested that he inform the applicant that the access being pursued by Seven Star Ranch is within the same mapping, critical wildlife habitat and steep slopes which Droste is experiencing in a separate application for access to the top of the ridge. The access currently being pursued by Droste for his own use is also the access preferred by the County for Seven Star Ranch access to the top of the ridge. There being no further discussion, Mordkin made a motion to approve the request for extension of time from February 6, 2001 to April 17, 2001, for the Seven Star Ranch Final PUD Review. Mercatoris seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. NOTE: Mayor Manchester stated that Item No. 7 and Item No. 8 would be heard at this time. Item No. 7: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS/ STATUS REPORT And Item No. 8: CALENDARS CAST Meeting Manchester reported that he attended a Colorado Association of Ski Towns (CAST) Meeting held recently in Aspen. He informed Council that CAST adopts legislative policy to make an impact on the legislative process. The group discussed the numerous growth related legislative bills currently before the Legislature and determined that they would wait to take action until the bills surviving the legislative process are identified. The group has also investigated Real Estate Transfer Tax (RETT) issues and determined that they would not pursue modifications to the Constitution related to this issue at this time. The group will produce a "white paper" to educate entities of towns and cities that have enacted a RETT, its uses and benefits. Manchester also reported that Telluride is drafting language to submit to the Legislature to address the rent control issues approved by the Legislature in 2000. The group 02 -05 -01 tc Page 4 also discussed government roles of subsidizing activities within each individual community. The Board agreed to postpone a trip to the Resort of Whistler until the Spring of 2002. CAST Board members also discussed the regulation of transit efforts, the Rural Transportation Authority (RTA) and Employee Housing, and agreed that Snowmass Village is the leading edge regarding employee housing. Snowmass Village Resort Association (SVRA) Mayor Manchester reported that he attended a Snowmass Village Resort Association (SVRA) Board of Governors Meeting. Jim France is the new SVRA President. He stated that the SVRA is undergoing major reorganization. SVRA's future financial plans were discussed. Manchester also reported that the group supports the Valley Leadership Forum (VLF). Rural Transportation Authority (RTA) Mayor Manchester reported that he attended a Rural Transportation Authority (RTA) Meeting on January 10, 2001. The group agreed to proceed with the purchase of five additional articulated Roaring Fork Transportation Authority (RFTA) buses. The buses will be available in approximately nine months to provide an increase in service throughout the Valley from Glenwood Springs to the upper Valley. The Board also agreed to allocate funds for the next design phase of a new maintenance facility in Glenwood Springs. The group will determine if the land at the current facility in Carbondale will be sold or used for other needs such as employee housing. Jim Wilson requested that the RTA Board consider purchasing buses powered by something other than diesel fuel. Manchester reported that Alice Hubbard was hired as the Transitions Team leader. Manchester also reported that RFTA ridership in Snowmass Village for the year 2000 was up 3.4- percent from 1999. Overall, RFTA ridership was up 2.4- percent. Valley service was up by 5.1- percent. Virtue requested that for public safety purposes, staff contact RFTA authorities and request a reduction in the number of buses being staged on Brush Creek Road near the Divide Road intersection. Mercatoris recommended that RFTA maintain ownership of the current Maintenance Facility land in Carbondale. In response to an inquiry from Mercatoris, Manchester explained that the Department of Revenue has determined that sales tax related to the purchase of vehicles in Glenwood Springs by persons living outside the RTA jurisdiction, would not be credited to the RTA. The Town Manager will investigate funds budgeted to address the Town's portion of RTA funding and provide the information to Council in the near future. Mercatoris will attend the next RTA Meeting during Manchester's absence. 02 -05 -01 tc Page 5 Parking Lot Users Manchester requested that staff identify users of Parking Lots A, B and C. Reudi Water and Power Mordkin stated that a Reudi Water and Power Board meeting is scheduled for February 22, 2001 in Carbondale. He requested an alternate attend the meeting during his absence. Bus Stop Heaters Mordkin requested an update on his previous request to install heaters at the bus stop on Daly Lane. Code of Ethics In response to a request for clarification, Council asked that Work Session time be set on February 12, 2001 to discuss the Code of Ethics. Council clarified their previous request made to the Town Attorney on this issue. Lower Woodbridge Road Drainage Manchester requested that staff address the drainage problem on lower Woodbridge Road. He explained that run -off from melting snow creates a field of ice during the Winter months, causing a safety hazard. Employee Housing Buildout Virtue reported that he met with Bob Purvis and the Housing Manager regarding Employee Housing issues relating to employee housing buildout, location and the number of units to achieve buildout. The Town Manager explained that staff is working to generate the information. Purvis reported that the Town Manager, Assistant to the Town Manager, Council Member Virtue attended two Valley Leadership Forum (VLF) sessions on January 30, 2001, consisting of 25 and 24 participants, respectively. On Wednesday, January 31, 2001, a third Forum was conducted which included a group of 12 participants under the age of 30. Purvis and Virtue reported that the meetings were successful, encouraging, and a valuable experience for all involved. Council called a 15- minute recess at 4:57 p.m. Mayor Manchester reconvened the Regular Meeting of the Snowmass Village Town Council at 5:02 p.m. 02 -05 -01 tc Page 6 Item No. 5: SECOND READING ORDINANCE NO. 02, SERIES OF 2001 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF SECTION 10 -29 OF THE MUNICIPAL CODE CONCERNING SEASONAL TRAIL CLOSURES The Community Development Director, Craig Thompson, provided a history of the trail closure dates. He explained that this Ordinance requests removal or modification of Fall closure dates on certain trails within Snowmass Village. He provided a map and identified the trails in question. Thompson reported that a meeting was held with area wildlife biologists to discuss the trail closure issues from a biological point of view, which did not produce a consensus for biological identification to maintain the trail closure dates. A compromise was reached whereby the group agreed that staff recommendations to remove the closure dates would remain the same, however Council could direct staff to form a working group to investigate the feasibility of continuing wildlife monitoring in the specific areas. All those in attendance at the meeting supported the compromise. Letters of support and opposition of the trail closures have been included in the packet of information provided for this Meeting. For the record, the Community Development Director submitted one additional letter and petition from Jane Fensterwalk, which contained approximately 14 signatures supporting removal of the trail closure dates. Larry Green, Town Wildlife Specialist, provided information on wildlife issues related to the trails and the results of years of study made by Wildlife expert Dan Baharav, Jeff Tippett, of the Trails Committee, stated that the public has requested the trail closure dates be removed. Kevin Wright, Department of Wildlife, stated that he, along with other Wildlife Biologists, have proven that the trail closures would not affect the wildlife. He stated that the trails could not be closed based on wildlife issues. Dawn Keating submitted a document from Dee Belina to be entered into the record for this Meeting. She stated that the Fall closures were intended as an enhancement issue, and a buffer area was identified, to allow the elk to move back into the East Village area. Dan Baharav's studies have shown that the elk have not moved back into the buffer area at this time. John Wilkinson of the Trails Committee, submitted a petition containing signatures of approximately 100 members of the community who are requesting that the trail closure dates be removed. He reported that the Trails Committee agreed to rely on the wildlife experts findings that removal of the trail closures would not impact area wildlife. The group also agreed that the Spring trail closures need to remain in effect. 02 -05 -01 tc Page 7 Jim Wells requested clarification on reasons for the closures as enacted in 1994, if trail use during these dates was not impactive to wildlife. In response to an inquiry from Sean Schumaker, Kevin Wright stated that he felt the elk herd in East Village would probably move to Glendale Divide when the Guber property is developed. Schumaker stated his position in agreement with continuing monitoring of wildlife in this area. He also expressed a concern that resending the East Village mitigation may set a precedent that mitigations are open to re- evaluation. In response to an inquiry from Mercatoris, Wright stated that if there were no human pressure on the animals and no hunting within the area, Fall closure of the trails would not be a benefit to the elk. In response to an inquiry from John Sale, Larry Green said that the elk are staying in area "A just as Dr. Baharav previously predicted during the East Village development reviews. After further discussion, Virtue made a motion to accept the recommendation made by staff and continue monitoring of wildlife in the area. Mercatoris seconded the motion. Mercatoris stated that he would vote against this Ordinance, erring on the side of "least disturbance to wildlife Council further discussed the issue. Mercatoris made a motion to amend the Ordinance to include fines of $50.00 as a first offense, and a summons to Municipal Court with fines up to $1,000 from the Snowmass Village Municipal Court upon a second offense, for violation of trail closure dates. Virtue seconded the motion to amend and requested that staff move forward with the task of monitoring the area and that funding for the monitoring be identified. The motion to amend was approved by a vote of 5 in favor to 0 opposed. Mayor Manchester called the question and First Reading of the Ordinance was approved by a vote of 3 in favor to 2 opposed. Council Members Virtue, Purvis and Mordkin voted in favor. Mayor Manchester and Mercatoris were opposed. Item No. 9: ADJOURNMENT There being no further business, Mercatoris made a motion to adjourn the Meeting. Virtue seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 6:25 p.m. Submitted By, Trudi Worline, Town Clerk