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10-07-03 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES OCTOBER 7, 2003 T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Tuesday, October 7, 2003 at 2:02 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue, Bill Boineau, and Arnold Mordkin COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Mike Segrest, Town Manager; Chris Conrad, Planning Director; Steve Connor, Town Attorney; Hunt Walker, Public Works Director; Susan Hamley, Marketing Director; Mark Kittle, Chief Building Official; Donna J. Garcia- Spaulding, Second Deputy Town Clerk; and Trudi Worline, Town Clerk PUBLIC PRESENT: Jim Horowitz, Marc Breslin, Joe Lang, Tom Yocum, Madeleine Osberger, Dave Bellack, Robert Purvis, Paul Taddune, Jenny Cooper, Gerd VanMoosel, Roger Fond, and members of the public interested in Agenda items for this Meeting. Item No. 2: REVIEW OF 2003 RODEO Public Works Director Hunt Walker provided Council with a brief history of past Rodeo operations. He stated that during March of 2003, Council selected Rim Rock Rodeo Company to operate the 2003 Rodeo and Barbeque function, held on Town property. He referred Council to a proposal for the 2004 Rodeo and barbeque event which included the Rodeo event proposal, food & beverage, fees, Rodeo stock animals, horseback riding operations and trail line. Walker further requested that Council comment on whether the Town should contract for the 2004 Rodeo and if the contract should be for multiple years. Regarding the Crossings Horseback Trail, Council requested that staff investigate appropriate vegetation screening, investigate costs related to 10-07-03tc Page 2 of 8 possible relocation of the trail to the Triangle parcel, and obtain Open Space requirements associated with the land from Pitkin County, and report findings to Council at a Meeting in the near future. Roger Fond of Rim Rock Rodeo Company (RRRC), Rodeo contractor for 2003, thanked Council for the opportunity to operate the 2003 Rodeo event and reported that it was a successful season. In response to an inquiry made by Mercatoris, Fond stated the proposed upgrades for improvements at the Rodeo grounds would include a covering over the large set of bleachers for rainy weather. Fond requested further discussions relating to possible purchase of a tent for the barbeque operation. Walker recommended the extra $1,850 value of the paint job included in the 2003 contract with RRRC be applied toward the Rodeo fees and that RRRC not be required to pay the remaining $5,150. Council agreed with Walker’s recommendation. After further discussion, Council requested that staff draft a letter terminating the current operators agreement, draft a Request For Proposal (RFP) for discussion during the October 20, 2003 Town Council Meeting and provide Council with Rodeo revenue figures and attendance estimates for the 2003 season. NOTE: The following item was not scheduled for discussion on this Meeting Agenda. Item No. 2A: Proposed Roaring Fork Transportation Authority (RFTA) Transit Service Reductions for 2004 Manchester reported that an emergency Elected Officials Transportation Committee (EOTC) Meeting was scheduled at noon on October 8, 2003, at the Youth Center in Aspen and requested that staff try to re-schedule this Meeting to 6:30 p.m. Council Member Mordkin reported that RFTA has hired Heather Cobb as Finance Director. According to Cobb, RFTA is proposing $400,000 in budget cuts, as well as changes in their service plan to both Up Valley and Down Valley service times as well as the Snowmass to Aspen service. He stated that the RFTA has proposed that the Woody Creek service be cut and the Glenwood Springs to Rifle weekend service would be eliminated, Mordkin referred Council to a memorandum from RFTA, which depicted the net cost saving worksheet for the proposed 2004 service reductions. Council Members agreed that the entire valley serviced by RFTA needs to contribute to the RFTA 2004 budget shortfall of $245,000. Staff reported that re-scheduling of the EOTC Meeting for 6:30 p.m. on October 8, 2003 would with meetings previously scheduled. Item No. 3: JAZZ ASPEN SNOWMASS (JAS) LABOR DAY FESTIVAL OPERATIONAL REVIEW 10-07-03tc Page 3 of 8 Chief of Police Art Smythe presented Council with an operational report that reflected the success of the Jazz Aspen/Snowmass Labor Day Festival. He stated that approximately 24,000 people attended the four-day event and the overall impressions of staff and the reviews of attendees were generally positive. Smythe stated that the Police Department is looking forward to working with JAS in the future. He indicated that staff is concerned that while the current program stretched Transportation and Public Safety resources, it did not create any significant problems. He suggested that if future concerts have significantly more than 9,000 people in attendance, that transportation improvements be implemented to accommodate moving people safely from the concert arena to their destination. Marketing Director Susan Hamley provided a more detailed analysis of the overall financial impacts and benefits, as well as ideas relating to branding, pricing, weather deterrents, economy, talent, and packaging of future JAS events. Representatives of JAS Jim Horowitz, Marc Breslin and Joe Lang were present to answer questions posed by Town Council. Breslin addressed the issue of increasing the platform size and reported that discussions are underway to better accommodate the large crowds at the event location. Horowitz reported that perfecting of the sound stage size, including weather coverings and elevating the stage are being discussed. Council commended those involved with the Festival, as well as employees of the following Snowmass Village Departments: Fire Department, Police Department, Transportation Department and Marketing Department. NOTE: Mayor Manchester excused himself from Today’s Meeting at 4:20 p.m. Item No. 4: ORDINANCE NO. 18, SERIES OF 2003 DRAFT OF A PROPOSED ORDINANCE NO. 18, SERIES OF 2003 FOR PRELIMINARY REVIEW BY THE MAYOR AND TOWN COUNCIL MEMBERS REGARDING AN EXTERIOR LIGHTING ORDINANCE FOR THE TOWN Town Manager Mike Segrest explained that Council previously directed staff to develop an Ordinance to address lighting issues within the Town limits. He stated that a Citizen’s Initiative Committee has recently submitted a petition for a lighting Ordinance to the Town, which has been concerns and meet the intent of the Initiative Committee. He requested Council deemed sufficient by the Town Clerk. This Agenda item addresses a draft lighting Ordinance developed by Town Chief Building Official Mark Kittle to address direction on the language 10-07-03tc Page 4 of 8 provided within the draft Ordinance. Kittle’s past experience includes assistance in developing a lighting ordinance for both the City of Aspen and the Town of Basalt, both of which have stated that they have had no problems enforcing their lighting ordinances. Kittle reviewed the Ordinance language and outlined changes necessary to meet the intent of the Committee and stated that he has met with a representative of the Initiative Committee to discuss the contents of the Ordinance. Council discussed the language concerning wattages, landowner rights, safety, enforcement, and existing non-conforming lighting. The Town Attorney stated that evidence of a compelling public purpose needs to be determined and outlined in the Ordinance recitals, in order to make the law retroactive. He stated a concern for enforcement using existing Town Nuisance Standards and amortization of existing non-conforming lighting. Initiative Committee member Jenny Cooper stated that although the Homeowner’s Association has regulations concerning lighting, it is not enforced. She also stated that all citizens approached by the Committee were in favor of the Town instituting a lighting ordinance to regulate lighting. Paul Taddune, representing the Homeowner’s Association, stated that the Association is in support of the request made by the Initiative Committee, that a tranquil environment would be a benefit to the community, and questioned a statement that the Ordinance was illegal, being patterned from the Aspen ordinance. Initiative Committee member Tom Yocum stated that Aspen has not seen any ill effects of their lighting ordinance, which has been in effect for two years. After further discussion, Council provided direction to address directional, seasonal, special events and safety lighting, that the Town Attorney and staff work with the Initiative Committee toward agreement of the language, that the Town Attorney review the language for legality according to the law, and that staff provide a recommendation on appropriate wattage for lights. Council stated their support of a lighting ordinance and stated their appreciation for the work performed by the Initiative Committee on this measure. Item No. 5: PUBLIC NON-AGENDA ITEMS There were no Public Non-Agenda items. Item No. 6: DISCUSSION/ACTION - INITIATIVE ORDINANCE NO.1, SERIES OF 2003 AN ORDINANCE ADOPTING AND ENACTING RULES, REGULATIONS AND STANDARDS GOVERNING OUTDOOR LIGHTING IN THE TOWN OF SNOWMASS VILLAGE The Town Manager stated that staff recommends a delay of Council consideration of Ordinance No. 18, Series of 2003 until after the Town Attorney, 10-07-03tc Page 5 of 8 staff and the Initiative Committee meet to review and amend the language. The Town Attorney explained that the Town Clerk has referred this Initiative Ordinance to Council and has deemed it to be sufficient and complete. He explained that there is a 40-day protest period required in CRS 31-11-110 that began the date the Initiative was submitted to the Town Clerk on September 24, 2003, and recommended that Council not act on the Initiative Ordinance until the end of the 40-day protest period. Council then would have the opportunity to consider the Ordinance at the end of the 40-day protest period. If Council were to approve the Ordinance as written or with minor amendments, the Ordinance would go into effect as outlined in the action for Ordinances required of Council in the Snowmass Village Municipal Code. If Council were to deny the Ordinance, the Ordinance would then need to be set before the electorate at an election no less than 30 days and no more than 90 days following Council action. Item No. 7: DISCUSSION AND ACTION RESOLUTION NO. 40, SERIES OF 2003 CONSIDERSATION OF A RESOLUTION AUTHORIZING CONCURRENT REVIEW OF THE SNOWMASS CENTER EXPANSION AND BASE VILLAGE PRELIMINARY PUD PLANS PURSUANT TO SECTION 16A-5-300 (b)(3) OF THE SNOWMASS VILLAGE MUNICIPAL CODE Mordkin made a motion to approve Resolution No. 40, Series of 2003, seconded by Virtue. The Planning Director explained the need for the Resolution. Boineau stated concern regarding staff workload in respect to concurrent review of the two major PUD applications. The Town Manager explained the necessity for concurrent review in order to meet goals set by Council for review of the two applications. Staff was directed to notify Council if the workload becomes burdensome. Segrest stated that review of the Snowmass Center Expansion application would not continue until well into the Base Village review process. After further discussion, the motion was approved by a vote of 3 in favor to 1 opposed. Mercatoris, Virtue and Mordkin voted in favor. Boineau opposed. Mayor Manchester was not present at this time. Item No. 8: MANAGER’S REPORT Country Club Townhomes Employee Housing In light of the high resale value and rising assessments for the Country Club Townhome employee housing units, the Housing Manager suggested the option of selling the units on the free market and utilizing the funds to construct additional employee housing that would be more affordable and comparable to other Town employee housing units. After discussing the issue and determining that applications have been received from Town employees for CCTH units 10-07-03tc Page 6 of 8 currently on the market, Council consensus was that the units remain in the employee housing pool at this time. Benedict Trail – Terrace House Section Stating a conflict of interest, Mayor Pro Tem Mercatoris stepped down from the Council table. Segrest stated that work on the Town’s easement was not included in the Core of Engineer’s 404 Permit obtained by the Terrace House. He continued that the project would be budgeted in the Real Estate Transfer Tax Fund for 2004. Timbers – Bus Stop Landscaping Mayor Pro Tem Mercatoris returned to the Council table. Segrest informed Council that workers have began landscaping the area from the Roaring Fork Transportation Authority (RFTA) bus stop on Brush Creek Road, to the Town Shuttle bus stop at Faraway Road. Mayor Manchester returned to the Meeting at this time. December Council Meetings Council determined that at this time, December Council Meetings would remain as scheduled for the first, second and third Monday’s in December. Item No. 9: APPROVAL OF MEETING MINUTES FOR: 8-25-03, 8-26-03 AND 9-08-03 Virtue made a motion to approve the Council Meeting Minutes as listed. Mordkin seconded the motion. There being no changes or additions, the motion was approved by a vote of 5 in favor to 0 opposed. Item No. 10: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/CALENDARS Divide Road Speeders Boineau and Virtue requested that the Police Department take action to stop speeding traffic on Divide Road. They stated a concern for safety at the Maintenance Facility intersection. Response to Article in Aspen Times Referring to a recent article written in the Aspen Times newspaper, Mordkin stated that the article was a personal affront. The accusation that he has participated in, is currently or has been privy to any “backroom deals” with Aspen Skiing Company/Intrawest regarding Base Village, was an unjust and incorrect accusation. Timbers Bus Stop 10-07-03tc Page 7 of 8 In response to an inquiry made by Mordkin, Council requested that staff investigate the number of Drop-Off/Pick-Up parking spaces that were designated for the Timbers parking lot in the development PUD approval documents, and if the uses include staging for Timbers construction vehicles. Daly Townhomes Road Maintenance Mordkin requested that the road leading to the Daly Townhomes be paved before the Winter season. Timbers Employee Housing Construction/Construction Vehicles Mercatoris requested that staff investigate the construction schedule for Timbers employee housing and report to Council. He also requested that Timbers construction vehicles be moved from the parking lot. RFTA Request for Funding Council discussed the request for funding submitted at this Meeting and determined their support in favor of the Elected Officials Transportation Committee (EOTC) funding assistance to help meet RFTA’s shortfall funding for 2003 as long as the funding is used for the purpose of maintaining the current level of service, that communities in the lower valley pay their fair share toward RFTA bus service, and if Council is assured that down-valley entities are willing to support RFTA by possibly raising bus service taxes which would require a public vote. Item No. 11: EXECUTIVE SESSION At 6:20 p.m. Mercatoris made a motion to convene to Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations and for privileged Attorney/Client discussions. Virtue seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. At 6:55 p.m. Mordkin made a motion to reconvene the Regular Meeting, seconded by Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 12: ADJOURNMENT Virtue made a motion to adjourn the Meeting, seconded by Mordkin. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 6:57 p.m. This set of Minutes was approved at the November 10, 2003 Regular Town Council Meeting. Submitted By: 10-07-03tc Page 8 of 8 _____________________ -AND- ____________________ Donna Garcia-Spaulding, Trudi Worline, Town Clerk Second Deputy Town Clerk