Loading...
01-18-05 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES JANUARY 18, 2005 Mayor Douglas Mercatoris called or order the Regular Meeting of the Snowmass Village Town Council on Monday, January 18, 2005 at 4:00 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Douglas Mercatoris, John Wilkinson, Arnold Mordkin and Sally Sparhawk COUNCIL MEMBERS ABSENT: Bill Boineau STAFF PRESENT: Mike Segrest, Town Manager; Steve Connor, Town Attorney; Jim Wahlstrom, Senior Planner; Carey Shanks, Economic Resource Director; Chris Conrad, Planning Director; David Peckler, Transportation Director; Hunt Walker, Public Works Director; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Stan Clauson, Dean Gordon, Debbie Duley, Rick Stevens, Jeff Sivess, Joe Enser, Irene Greiser, Dale Rands, Shari Sanzone, Leah Moriarity Bill Kane, Victor Gerdin, Rick Griffin, and other members of the public interested in Agenda items for this Meeting. Item No. 2: ENTRYWAY MASTER PLAN PRESENTATION Economics Resource Director Carey Shanks explained that per Council direction staff has continued to identify an Entryway Master Plan that would best serve the needs of the community. He requested further Council direction regarding the proposed program elements and amenities, footprints and site locations identified for each, as well as any deletions or additions Council may determine to be necessary for staff to proceed and develop a more specific plan. The elements were included a housing neighborhood, gas station, an underpass beneath Brush Creek Road between the soccer and softball fields and a roundabout at the intersection of Highline and Brush Creek Roads. Town Consultant Stan Clauson presented the revised Entryway Plan including a Visitor Nature Center tied into the Town trail system, Highline/Brush Creek Road intersection options, a parking facility based on a 325-car footprint that would allow for possible future expansion, rodeo facility, restoration of the 01-18-05tc Page 2 of 7 wetlands area, a pond, trail system, gas and vehicle service facilities, a transit waiting station, slight relocation of the existing soccer field, potential underpass between the softball and soccer field made possible by the need to increase the elevation of Brush Creek Road for construction of a roundabout, relocation of the park gazebo and children’s park near the pond and trail system, volleyball and tennis courts, swimming pool facility, landscaping located at the entry to Horse Ranch Drive, and a drop-off area for the pool. It also includes 28 neighborhood lots approximately 10,000 square feet in size to allow for single- family or duplex housing, widening of the drainage to develop a green space that would include trail and recreational opportunities, an access provision for the upper Seven Star property for development of potential future free-market housing. He stated that minimal encroachment onto the wetlands adjacent to the pond and the horse pasture would be minimal, and could be addressed with a nation-wide permit. Horse Ranch homeowner Jim Heywood stated concerns regarding the road and traffic conditions and requested one entry road to serve all functions of the area rather than three, and requested that the roundabout be moved to the West and increased in size to accommodate semi trucks/trailers and prevent damage to the roundabout as well as to the large trucks. Barbara Yockum questioned the choice of a separate access leading to the new development rather than accessing from the roundabout. Council stated a concern that movement of the rodeo horses from the pastureland to the rodeo grounds twice a week would destroy the greenspace between the two areas, discussed the immediate and future expansion plans for a gas station as a place saver, and design of the initial transit parking facility that would allow for future expansion if necessary. Horseranch homeowner Irene Grieser reported that she was generally in favor of the Entryway Plan, although had some concerns regarding the road alignments. Shanks reported that the Horse Ranch Homeowner’s response to the Conceptual Plan basically reflected Grieser’s comments, and reported on the concerns expressed at meetings held with the Homeowners. He stated that the only constraint for beginning construction of the swimming pool is completion of negotiations with the Horseranch Homeowners Association. Council Members requested that bathrooms be included at the transit center and the Nature Center, preservation of as many of the trees along Horse Ranch Drive as possible, expressed agreement to the need for an underpass for children to walk or bicycle to the park without crossing Brush Creek Road and for equestrian crossing, agreed that a grade-separated interchange at the roundabout would be necessary, agreed to allow for potential trail alignment to connect with the Brush Creek trail, and agreed that space should be reserved for a future gas station facility. Council also requested installation of lighting on the tennis courts, a future discussion regarding the size and type of employee housing to be 01-18-05tc Page 3 of 7 constructed and that staff explore the concept of co-housing, sufficient space be allowed for amenities related to the Rodeo program and for a horseback riding prep area, that staff provide a timeline for construction of a pool in 2005, a site visit to comparable housing areas that are similar to that which would be proposed for the Entryway, the day-skier parking lot be paved during the early stages of development with a goal for pavement to be completed by the 2005 ski season, the design and construction of the roundabout be initiated as soon as possible, staff solicit comments from festival operators and the Marketing and Special Events Board (MSEB) regarding the underpass, consider maturation of the soccer field grass with a goal of minimal interruption for soccer use, and further discussion regarding the underpass. Mel Blumenthal questioned the locations of elements on the map and square footage and inclusions of the recreation facility. NOTE: Council took a break at this time and reconvened the Meeting at 5:35 p.m. Item No. 3: PUBLIC NON-AGENDA ITEMS There were no Public Non-Agenda items. Item No. 4:COUNCIL UPDATES Sister-City Wilkinson reported that he is working with a group of interested citizens to identify a Sister-City for Snowmass Village. Railroad Track Elimination Mordkin reported that he attended a recent Roaring Fork Transportation Authority (RFTA) Board Meeting, where the Board felt additional efforts should be made to investigate potential use of the railroad tracks before they are eliminated. The Board also felt that to destroy the track would presume the end of any future railroad possibilities in that area. Before demolition, the Board agreed to circulate a Request for Proposals (RFP) to determine any interest in utilizing the tracks and make a final determination within two months following the RFP process. Wilkinson requested that Mordkin make a proposal to the Board to construction a trail in that area as soon as possible. Base Village Concerns Sparhawk reported that she has been investigating citizen concerns expressed to her regarding construction of Base Village. For the viewing public who also may have the concerns, she explained that 35-40 employee housing units are planned for the Base Village site, the Children’s Center would include both summer and winter recreation, and weekday and weekday evening entertainment as well as weekend entertainment would be necessary to draw visitors. Referring to two large conference groups that recently declined Snowmass Village in lieu of Aspen due to the current lack of high-end condos, spas, quality hotels and condos, and high end shopping, she stated that the Base Village plan would provide these desired amenities that Snowmass Village does not currently have. Sparhawk outlined amenities and their values that would be funded by Base Village, which would increase the mill levy and property taxes. She reported that an investigation of the rumor that the condos might be too high-end to be included in the 01-18-05tc Page 4 of 7 rental pool, indicated that similar units in Deer Valley are included in the rental pool. She explained the difference between “the vesting period” and “infrastructure and construction period”, the availability of “stop work” orders and denial of building permits by the Town to ensure that all commitments made by Base Village and included in the Construction Management Plan are carried out as agreed upon. Sparhawk stated that Snowmass Village could become a retirement community if Base Village is not approved. 2005 RETT Projects Mercatoris requested a discussion on an upcoming Agenda to determine construction of Real Estate Transfer Tax (RETT) projects for 2005. Item No. 5: FIRST READING – ORDINANCE NO. 02, SERIES OF 2005 – SNOWMASS MOUNTAIN MASTER PLAN FIRST READING CONSIDERATION OF AN ORDINANCE APPROVING THE FINAL PUD FOR THE SNOWMASS MOUNTAIN MASTER PLAN AMENDMENT, INVOLVING REVISIONS TO THE SKI AND SNOWBOARD AREA FOR THE REMOVAL AND REPLACEMENT OF SKI AND SNOWBOARD LIFTS, THE CAPACITY INCREASE OF CERTAIN LIFTS, THE ADDITION OF A GONDOLA BETWEEN PROPOSED BASE VILLAGE AND ELK CAMP MEADOWS, EXPANSION OF ON-MOUNTAIN FACILITIES, RECREATION AREAS AND RESTAURANTS, DEVELOPMENT OF A NEW BEGINNERS AREA AND TUBING PARK, CREATION OF ADDITIONAL TRAILS OR GLADING SKI AND SNOWBOARD AREAS, EXPANSION OF THE SNOW MAKING SYSTEM, WINTER AND SUMMER PROGRAMS AND USES; TOGETHER WITH A REZONING OF THE SKI/SNOWBOARD MOUNTAIN TO A ‘RECREATION’ ZONE DISTRICT. Senior Planner Jim Wahlstrom requested discussion and comments from the applicant regarding questions and concerns expressed by Council at the January 3, 2005 Council Meeting. The Town Wildlife Specialist Larry Green addressed issues related his concerns that the Mountain Plan contains too many trails to address the wildlife concern on the Mountain. He stated that the Forest Service Record of Decision allows for one trail, and the additional trails proposed would be a threat to wildlife concerns. Bill Kane of the Aspen Skiing Company reported that this proposal has been submitted to the Forest Service, and they in turn would provide a Biological Assessment (BA) as well as consultation. He stated that the applicant would provide a copy of the BA to the Town for review and discussion, and a decision as to whether or not to proceed could be made at that time. Council requested that the Wildlife Officer determine the exact location of the proposed trails and the applicant provide a conceptual plan for reconstruction of Sam’s Knob Restaurant, a revised Construction Management Plan prior to beginning construction, and that agreements included in the 1994 Ordinance should not be collateralized. The Town Attorney stated that all issues addressed in Ordinance No. 09, Series of 1994 that have not been addressed in this Ordinance would be continued forward. He explained that funding numbers required of the applicant in the 1994 Ordinance have not escalated, although cost for construction and materials has increased over the years. 01-18-05tc Page 5 of 7 He requested that language be included reconfirming the 1994 obligations since the current applicant is not the same applicant who received approvals in 1994, and the original applicant no longer exists. Council requested a review of the Restricted Housing Agreement for the Snowmass Mountain Application before Second Reading of this Ordinance. Council requested clarification of the language addressing the Sam’s Knob ski lift operation. In response to a request made by the applicant, Council determined that extended hours remain at 12:00 a.m., and that requests for necessary variations of the time be made through a Special Use Permit. Council requested that Elk Camp, Burlingame, and Sam’s Knob ski lifts as well as the Cabriolet be included on the list of lifts that would require approval for extended hours of operation. The applicant agreed to provide a revised letter outlining conceptual plans for the Sam’s Knob Restaurant before Second Reading of this Ordinance. Council discussed the vitality of the current elk herds, Forest Service efforts to maintain or reduce the herds, date restrictions for use of mountain activities and trails, agreements and applicant funding requirements included in the 1994 Ordinance pertaining to the Mountain Master Plan, reconstruction of Sam’s Knob restaurant, concerns regarding the language conflict between the letter included in the information packet for this Meeting and statements made by the applicant at this Meeting regarding reconstruction of Sam’s Knob Restaurant, securing cultural events/concert/ski-back easements from property owners adjacent to Fanny Hill, which are to be included in an amended version of the Ski Operator’s Agreement, a list of all ancillary/accessory structures and facilities including principal structures on the mountain which documents and regulates current limits of all mountain facilities, maintaining past approvals of summit facilities contained in Ordinance No. 09, Series of 1994, and revisions to the Construction Management Plan regarding construction traffic mitigation. Council determined that collateralization of agreements and funding required of the applicant in Ordinance No. 09, Series of 1994 was not necessary. After further discussion, Sparhawk made a motion to approve First Reading of Ordinance No. 02, Series of 2005, seconded by Mercatoris. Council requested that staff add a Condition to the Ordinance to state that the applicant would provide two accesses across Fanny Hill, and language that would allow year-round use of the trails. Mordkin made a motion to table First Reading of the Ordinance, seconded by Wilkinson. Mercatoris called the question and the motion to table failed by a vote of 2 in favor to 2 opposed. Mordkin and Wilkinson voted in favor. Sparhawk and Mercatoris opposed. Council requested that the Rezoning Map be clarified and that the entire Ordinance Document, including exhibits and attachments, be assembled in such a manner to be more user-friendly and for clarification purposes. After further consideration by Council, Mercatoris stated that action on this Ordinance would be deferred to continuation of this Meeting on January 31, 2005 at 5:00 p.m. Item No. 6: MANAGER’S REPORT Upper Lot Landscaping Town Manager Mike Segrest stated that William Johnstone submitted a letter of request to improve the landscaping in the islands between the parking lots in the Upper Village. He requested Council approval to amend the Budget to allow $85,000-$100,000 to fund the landscaping project. After discussion, Council directed staff to proceed with the project in 2005. 01-18-05tc Page 6 of 7 Municipal Ethics Code Policy Segrest requested Council direction regarding amendments to the Ethics Code. After further discussion, Council requested that this item be included on a future Agenda for discussion and direction and allow for public comment. Wilkinson and Mordkin requested discussion regarding representation of private interests, inclusion of a definition of Personal and Private Interests, and Related Parties. The Town Attorney requested that Council review State and County Code of Ethics Policies and consider language that would allow Council to make an ethical determination as opposed the current blanket prohibition as the Code is currently written. Mercatoris requested attention to Representation of Interests Before Council regarding non-profit issues. Droste Easement Segrest requested Council direction regarding elimination of the condition in the Easement requiring Droste to perform restoration measures recommended by the Natural Resources Conservation Service (NRCS). He stated that the NRCS has declined to be involved, and staff agrees that this should be the responsibility of the County and the Town. Council concurred with staff. Segrest stated that a modified Conservation Program would be developed for the site and presented to Council for review and consideration in the near future. Wilkinson requested a copy of the original Easement Agreement. Item No. 7: COMMITTEE REPORTS/CALENDARS Upcoming Council Meetings Mercatoris stated that this Council Meeting would be continued to January 31, 2005 in lieu of the pre-scheduled January 24, 2004 Meeting. He reported that the Base Village Referendum Election is scheduled for February 3, 2005, and regularly scheduled Council Meetings would be held on February 7 and 22, 2005. He also reported that a Council Retreat is scheduled to be held on February 23, 2005. EOTC Meeting The next Elected Officials Transportation Committee (EOTC) Meeting is scheduled for February 24, 2005 at 4:00 p.m. Private Shuttles Mordkin stated a concern regarding private shuttle bus services that pick up and drop off riders at locations requested by passengers on Elbert Lane. Council requested that the Police Department address the issue with the lodging facilities that provide private shuttle bus services, and possibly designate safe drop off, pick up locations on Elbert Lane. Timber’s Employee Parking Mordkin requested that employees of the Timbers be restricted from parking at the pick- up/drop-off location on Faraway Road Wilkinson stated a concern that the public is utilizing several of the Nordic trails for walking purposes despite signs that state the opposite. He said that the action could jeopardize use of Nordic Trail easements, and requested additional enforcement. He 01-18-05tc Page 7 of 7 stated that Snowshoeing on the trail is acceptable. Council directed staff to investigate and determine enforcement options. Staff will meet with members of the Nordic Council to resolve the issue. Item No. 8: EXECUTIVE SESSION - Colorado revised Statues 24-6-402 (2) (f) - Snowmass Village Municipal Code Chapter 2, Article III, Section 2-45 (c) (6) Executive Sessions THE TOPIC FOR DISCUSSION IN THE EXECUTIVE SESSION WILL BE A PERSONNEL MATTER At 7:55 p.m. Council Member Sparhawk made a motion to convene to Executive Session, seconded by Council Member Mordkin. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Boineau was absent. At 8:35 p.m. Council Member Mordkin made a motion to reconvene the Regular Meeting, seconded by Council Member Sparhawk. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Boineau was absent. Item No. 9: ADJOURNMENT/MEETING CONTINUATION At 8:36 p.m. Mayor Mercatoris stated that this Meeting would be continued to January 31, 2005 at 5:00 p.m. This set of Minutes was approved by Town Council during a Regular Meeting held on April 18, 2005.