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06-06-05 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES JUNE 06, 2005 Mayor Douglas Mercatoris called to order the Regular Meeting of the Snowmass Village Town Council on June 6, 2004 at 4:08 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Douglas Mercatoris, Bill Boineau, Arnold Mordkin, John Wilkinson, and Sally Sparhawk. COUNCIL MEMBERS ABSENT: All Town Council Members were present. STAFF PRESENT: Mike Segrest, Town Manager; John Dresser, Town Attorney; Kathleen Milbrath, Public and Community Relations Officer; Art Smythe, Chief of Police; Hunt Walker, Public Works Director; Bob Nevins, Planner; Rhonda Coxon, Town Clerk. PUBLIC PRESENT: Joe Pocaro, Roger Hollowell, Bob Nevins, Martin Schlumburger, Mike George, David Myler, Doug MacKenzie, Jim Rathell, Chris Kelly, , Lee Wilson, Joey Woltemath, Madeleine Osberger, John Canning, Lou Mattis, Mike George, Alan Richman, Joe Pocaro, Brad Manosevitz and other members of the public interested in Agenda items for this Meeting. Item No. 2: SNOWMASS WESTERN HERITAGE ASSOCIATION – RODEO Council Member Boineau referred to a letter from Chris Kelly, Executive Director of the Snowmass Western Heritage Association, a company contracted to provide Summer Rodeo events for the Town of Snowmass Village. Due to financial constraints and lack of support from the business community, Kelly requested that the Town suspend the $10,000 loan repayment amount for this year as outlined in Ordinance No. 25, Series of 2004, and forgive the $10,000 rental fee assessed by the Town for use of the Rodeo grounds. She explained that after reducing the number of rodeos to one event per week rather than two events as originally intended, financial difficulties remain. In light of the proposed Entryway project to redesign the area where the Rodeo grounds is located, she also requested that the Town determine what it is willing to do to do to ensure that this historic tradition will continue into the future. Council discussed the issue and stated their positions and support of the operation. After further discussion, Mercatoris requested a straw vote. Mordkin, Sparhawk and Mercatoris were in favor of forgiving the rental amount for 2005. Mordkin, Wilkinson and Mercatoris were in favor of suspending the loan amount until the end of the Rodeo season in September, 2005. Council requested further discussion at a Council Meeting in September 2005, to determine if the operation could be self-sustaining and/or a more 06-06-05tc Page 2 of 7 efficient use for the site. Referring to the successful Rodeo operation held in Beaver Creek, Kelly invited Council to attend and study the Beaver Creek Rodeo operations. Western Heritage Board Member Lou Mattis stated that Western Heritage, one of the oldest Rodeo providers in Colorado, does not currently have sufficient funds to operate the Rodeo event. He encouraged the Town businesses to increase their marketing for the event. He stressed the importance of the Town honoring its heritage, which he felt was the answer to the success of other Rodeo programs held in various resorts throughout Colorado. Mattis offered suggestions for local businesses to promote the event. Council discussed possible promotional options, ideas to create a successful operation and encourage attendees to visit Village businesses. Jim Raftel, volunteer for the Rodeo event, stated that the contractor is investigating various options to increase revenues for the Rodeo events NOTE: Council took a break at this time and reconvened the Meeting at 4:45 p.m. Item No. 3: PUBLIC NON-AGENDA ITEMS Brad Manosevitz of Grassroots Television expressed his apologies to Council and the public for failing to provide staff to film the last Council Meeting. He explained that the camera operator he made arrangements with to film the Meeting failed to show up. NOTE: Council determined that Agenda Item No. 6 would be heard at this time. Item No. 6: MANAGER’S REPORT On-Mountain Horseback Rides – Annual TUP Planning Director Chris Conrad explained that he recently received an application from the Aspen Skiing Company to renew an Annual Temporary Use permit for On-Mountain Horseback Rides. He stated that due to Base Village and Mountain construction, the applicant proposed an alternate location at the bottom of Funnel Lift for the horseback riding operation. He recommended Council approval with Conditions in order to alleviate possible impacts of the operation at the proposed location. Councilman Mordkin disclosed that he owns three horses that are boarded with Aspen Wilderness Outfitters, the contractor providing horses for the horseback riding operation, although he did not feel this association such that would disallow his vote on this issue. Councilman Wilkinson disclosed that he is the insurance agent for the Chamonix, Woodrun Place, and the Enclave Management Company, although did not feel this association would affect his vote on this matter. Doug MacKenzie explained that as the property owner, Aspen Skiing Company (ASC), rather than the contractor, was the applicant for the request. He provided a history of the operation and the proposed changes to the Temporary Use Permit. Lee Wilson, Chamonix Condo- miniums Property Manager, stated that he has received statements of concern from Chamonix Condominium owners regarding impacts of the operation such as dust, odor, flies, traffic adjacent to their properties, and potential negative impacts on summer rental operations. Mike George, General Manager of Snowmass Lodging Company representing the Chamonix and Enclave, stated the Enclave Board has stated concerns 06-06-05tc Page 3 of 7 regarding the traffic and parking on the steep incline of the ski slope and the safety of hikers and bikers sharing the road. He requested an alternate solution of moving the parking lot or the entire operation to another location that would not create an impact on neighboring properties. Council discussed optional locations previously investigated by ASC for the operation by ASC, preparation of the road, the proposed road access, dust control, signage, reduction in the size of the parking lot, location of the parking lot, construction of berms or other means to screen the operation from adjacent properties, alternatives to construction of a parking lot, fencing the parking lot for screening purposes, and possible relocation of the trail to separate the mountain bike traffic from the vehicle traffic. Council stated a concern regarding vehicles and mountain bikers sharing the road and requested that the applicant meet with the Public Works Director to coordinate signage. In response to an inquiry made by Joe Pocaro, employee of the Snowmass Lodging Company for the Enclave, Doug MacKenzie explained that temporary locations would be necessary for the next two years due to reconstruction on the mountain. A concerned citizen (who did not identify himself) voiced a concern that the public would utilize the access road regardless of the size of the parking lot. Mike George stated that the Chamonix and Enclave homeowners were opposed to the visual impact of vehicles on the mountain road. After further discussion, Mordkin made a motion to approve the Temporary Use Permit as proposed. Boineau seconded the motion. The motion failed by a vote of 2 in favor to 3 opposed. Council Members Mordkin and Boineau voted in favor. Mayor Mercatoris and Council Members Sparhawk and Wilkinson were opposed. Mayor Mercatoris made a motion to reconsider the application, stating the importance of the horseback riding amenity to the Town Summer activities. Mordkin seconded the motion to reconsider. Mercatoris called the question and the motion to approve the application as stated by Mordkin was approved by a vote of 4 in favor to 1 opposed. Mayor Mercatoris and Council Members Boineau, Mordkin and Sparhawk voted in favor. Council Member Wilkinson opposed. Wilkinson requested that the applicant address the issues presented at this Meeting. Mercatoris requested that the applicant address the issues and make every effort to minimize impacts to the neighboring properties. Item No. 5: PUBLIC HEARING AND DISCUSSION - COUGAR CANYON/COZY POINT RIDGE/SCHWARZ LOT PRELIMINARY PUD, SUBDIVISION EXEMPTION AND ZONING Mayor Mercatoris opened the Public Hearing at 5:45 p.m. Planning Director Chris Conrad stated that all public notification requirements had been met by the applicant in accordance with the Land Use Code. He requested that the Public Hearing be continued to the July 5, 2005 Council Meeting. Alan Richman, Planning Consultant for the Town informed Council of the Planning Commission review of this application and changes to the application made by the applicant. He stated that Conditions recommended by the Planning Commission were acceptable to staff. 06-06-05tc Page 4 of 7 David Myler, representing the applicant, stated that the applicant is requesting annexation of lots 1 through 4 of the Cozy Point Ridge Low Impact Subdivision, Lots 1 through 5 of the Cougar Canyon PUD, and the Schwarz lot. He stated that collectively, these properties encompass approximately 1,200 acres of land that is currently under the jurisdiction of Pitkin County. Myler requested designation of these properties to the appropriate Town zone districts, PUD and subdivision review to establish the appropriate land development restrictions for the lots, subdivision exemption to adjust the lot lines between Lot 1 of Cozy Point Ridge and the Schwarz lot, and the ability to modify the location of the approved building envelopes on the lots. Myler provided the history of the application, which had undergone a full development review process by Pitkin County. He explained that the Town and the applicant agreed that the application would go directly to Preliminary Plan review. Myler reported that the Planning Commission reviewed points of direction provided by Council in Resolution No. 9, Series of 2005, although did not comment on the potential for trail connections through the PUD or wildlife impacts of those connections, and had referred the issue back to Council for its consideration. Myler requested that the zoning allows the owner to construct a detatched garage, an accessory structure, and a barn. Council agreed to Myler’s request for approval to allow the caretaker unit to be incorporated into one of the accessory structures, which would reduce the number of buildings on the lots as recommended by the Planning Commission. Council requested that staff approach the County and request the $16,800 impact fee required of each lot owner be paid to the Town rather than to the County. Council discussed restrictions on use of the caretaker unit, provision of detailed road construction standards at Final review and access for emergency vehicles, exemption of the 4,000 square foot basement area from the total allowable square footage, the 30- year vesting period, allowing the homeowners to have dogs as it pertains to the wildlife corridor, and gating the development. Myler stated that construction of a connecting trail through the property was dismissed for several reasons, one being exposure of liability for property owners. Council requested that the Police Department provide their comments regarding police protection and animal control for the development. Council directed staff to prepare a draft Resolution for consideration of Preliminary Plan approval. There being no comments from the public, at 6:30 p.m. Mayor Mercatoris stated that this Public Hearing would be continued to the July 5, 2005 Regular Council Meeting scheduled to begin at 4:00 p.m. Item No. 6, cont’d: MANAGER’S REPORT Numbered Parking Lot/Sinclair Road Traffic Calming Town Manager Mike Segrest reported that “Do Not Enter” signs would be installed at the exists of the numbered parking lots on Snowmelt Road during the upcoming week, and that three rumble strips were cut into the pavement on Sinclair Road in the vicinity of Meadow Road to help reduce traffic speeds. 06-06-05tc Page 5 of 7 Ball Field Condition Town Manager Mike Segrest explained that it would take approximately three years to develop the ball field to a satisfactory playing condition. He explained the planting process and the materials utilized to ensure a durable playing surface. Rodeo Lot Fill In order to reduce costs for the Entryway project, Segrest reported that the Town is taking advantage of using structural fill from the Base Village project for the Entryway project. He reported that grading work on the Entryway is scheduled to begin the week of June 6, 2005 and completed before the first Rodeo event. He explained if the grading is not completed by June 22, 2005, the contractor has been instructed to stop work at 3:30 p.m. and have the lot in usable condition for cars to park during Rodeo and other events scheduled for the surrounding area. An updated Entryway Plan is scheduled to be presented to Council at the June 20, 2005 Council Meeting. Holy Cross Distribution Line Town Manager Mike Segrest reported that he received a call from Kinder-Morgan regarding replacement of a gas line to be included in the Holy Cross distribution line trench. He stated that a meeting is scheduled for the upcoming week to discuss a means to replace the lines with minimal disruption to the Town. Segrest said that he would provide Council with a report at the next Town Council Meeting. Town Council Salary Review Town Manager Mike Segrest referred to information included in the packet for this Meeting, which provides salaries paid to Mayors and Council Members in several Colorado municipalities. He stated that discussion on this matter would be scheduled for a Council Meeting in the near future. New Town Employee Town Manager Mike Segrest introduced Kathleen Milbrath, recently employed by the Town to fill the position of Public Relations Officer. Milbrath requested Council Meeting Agenda time to discuss the requirements of her position. Code of Ethics Town Manager Mike Segrest requested Council direction regarding revisions to Article V of the Municipal Code, Code of Ethics, as previously requested by Council. Council requested revisions to Section 2-97, Representation of private interests, that would allow a Town official or employee to appear before Council, Council boards or commissions, Town department or Municipal Court on behalf of a personal or private interest, without requiring prior approval of Council expressly set forth in a Resolution. Council also requested amendments to Section 2-101, Related Parties. Attorney Dresser suggested that if a Town official wishes to make a presentation before Council or another Town Board and does not have the potential of a pituitary gain, disclosure and approval of the presiding Board would be sufficient, although if the presenter has the potential of pituitary gain, prior notification and a Resolution would be required. Council discussed the language contained in Section 2-101, Related Parties. Following discussion, Council requested language clarifications, although the majority felt the 06-06-05tc Page 6 of 7 basic intent of the current language was appropriate. After further discussion, Council requested that Agenda time be set aside in the near future to discuss additional issues within Section 2 as identified by The Town Attorney. Item No. 4: COUNCIL UPDATES - and- Item No. 7: COMMITTEE REPORTS/CALENDARS Trails Day Council Member Wilkinson reported that Trails Day was a success. He stated that work was completed on the Snowmass Village Rim Trail. He expressed his appreciation to the Public Works Department staff for delivering materials to the site prior to the work day. Brush Creek Trail Update Council Member Wilkinson provided a status update on construction of the Brush Creek Trail. He requested that any utility companies that plan to install or replace lines in the near future, utilize Holy Cross’s electric line trench so that all installations are complete before the trail construction begins. He reported that the Pitkin County Open Space Board has set July of 2006 as a tentative completion date for the Brush Creek Trail. The Town has assured the Pitkin County Commissioners that trail work would not begin until all utility construction has been completed. Intrawest/Base Village Construction Website Council Member Wilkinson requested that the Town Manager approve all changes to Base Village construction information before it is posted on Intrawest’s website. Segrest stated that weekly communication conference calls are scheduled every Tuesday beginning on June 7, 2005, in order to provide accurate information to the public. Speed Limit Infractions Council Member Wilkinson reported that he has received public complaints of construction trucks speeding down Wood Road. He requested that the Police Department be made aware of this issue. Wood Road Trash Dumpster Mayor Mercatoris asked that staff follow-up on a letter received by Council requesting that the Town provide a trash dumpster on Wood Road. Carriage Way Road Signage Council Member Mordkin requested that the sign notifying traffic that lower Carriage Way Road is closed, be moved to a more appropriate location to provide drivers with more advance notice. Out of Town Council Member Sparhawk stated that she would be on vacation June 14 thru 26, 2005. 06-06-05tc Page 7 of 7 Council E-Mail Correspondence/Sunshine Law Council discussed requirements of the Sunshine Law in reference to a request from the local media for copies of all Council e-mail communication. Town Attorney John Dresser stated that if Council e-mail correspondence pertains to pending legislation or other public business, it would be subject to the requirements of the Sunshine Law – if not, it would not be subject to the Sunshine Law. Council further discussed this issue. Annual Community Picnic Council Member Boineau reported that the Annual Community Picnic is scheduled for August 13, 2005 at the Community Park. He stated that the event would begin at 4:00 p.m. Item No. 8: EXECUTIVE SESSION Colorado revised Statutes 24-6-402 (4) (a) - Snowmass Village Municipal Code Chapter 2, Article III, - Section 2-45 (c) (1) The purchase, acquisition, lease, transfer or sale of any real, personal or other property interest. At 7:25 p.m. Council Member Sparhawk made a motion to convene to Executive Session, Council Member Boineau seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. At 7:45 p.m. Council Member Sparhawk made a motion to reconvene the Regular Meeting, seconded by Council Member Boineau. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 9: ADJOURNMENT There being no further business, Mordkin made a motion to adjourn the Meeting, seconded by Council Member Wilkinson. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 7:46 p.m. This set of Minutes was approved by Town Council at their Regular Meeting of August 15, 2005.