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11-07-05 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES NOVEMBER 7, 2005 Mayor Douglas Mercatoris called to order the Regular Meeting of the Snowmass Village Town Council on Monday, November 7, 2005 at 4:01 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Douglas Mercatoris and Council Members Bill Boineau, Arnold Mordkin, John Wilkinson and Sally Sparhawk. COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Hunt Walker, Public Works Director and Acting Town Manager; David Peckler, Transportation Director; John Dresser, Town Attorney; Rhonda B, Coxon, Town Clerk; Jason Haber, Economic Resource Director; Kathleen Milbrath, Public Relations Officer PUBLIC PRESENT: Mike MacManara, Madeleine Osberger, Christian Mosiman, Nanette Mosiman, Jacob Bornstein, Kip Wheeler, Garrett Brandt, T. Michael Manchester and other members of the public interested in Agenda items for this Meeting. Item No. 3: ROARING FORK CONSERVANCY – BRUSH CREEK WATER QUALITY Representing the Roaring Fork Conservancy, Jacob Bornstein provided copies of information regarding the organization and information related to a request for funding to conduct a Study on water quality in Brush Creek. Council Member Wilkinson disclosed that he has been the Insurance Agent for the Roaring Fork Conservancy for the past several years. Mr. Bornstein explained the Mission of the Roaring Fork Conservancy to inspire the public to explore, value and protect the Roaring Fork Watershed, to protect the gold-metal trout fishery and the resources it provides. He explained that the Conservancy involves all the major rivers and tributaries that feed the Colorado River across the four Counties and Townships that exist within the Watershed. He outlined the various programs and efforts provided by the Conservancy, and specifically addressed major violations in PH levels detected in water samplings taken from the waters of Brush Creek in October, 2005, and stressed the need to conduct a Study to further investigate, determine the cause and provide solutions to address the high levels of PH in the water samplings. Mr. Bornstein explained the purpose of the Study to determine the magnitude, duration and location of high PH and phosphorus levels in Brush Creek and to establish an accurate baseline for Brush Creek waters in general, since changes in land use may affect nutrient loading on the once imperiled stream. He stated that the Conservancy would apply for grant funding, which requires matching funds from the grantee, and explained that the Conservancy is requesting donations from all of the Counties and Townships that exist within the Watershed in order to acquire the required amount of matching funds. He requested that the Town contribute $4,000 to be applied to the cost of the Study. Council questioned the need for the Study in light of water quality studies that are required and would be conducted on an annual basis as a part of the Base Village PUD, discussed possible causes and solutions to address the issue, requested that staff provide specific information regarding the water quality analysis required of the Base Village PUD, and expressed a concern that the data presented by the Conservancy was collected a substantial distance outside the Town limits at a location North of the Highway 82/Brush Creek Road intersection. Council discussed value of the Study to the Town and value of sampling locations at points on the Creek above and below the Town. After further discussion, Council denied the request for funding, 11-07-05tc Page 2 of 6 although asked that this item be further discussed following review of water quality tests conducted as a requirement of the Base Village PUD in 2006, and requested that the Conservancy representatives meet with Town staff to determine if the additional Study would be necessary in light of the Base Village PUD testing. Council encouraged the Conservancy to present their request to the Reudi Water and Power Board. Item No. 2: FUNDING REQUEST Christian Mosiman, professional Snowboarder based out of Snowmass Village, provided his history as a professional Snowboard competitor and former U.S. Snowboard Team member, a perennial X-Games athlete and a 2006 Olympic hopeful as a an Olympic competitor in the Bordercross Event. He explained that travel for qualifying events and training requires approximately $10,000 per year. He stated that along with strenuous training, his earning potential left him with a shortfall of $6,000 to $8,000 for the upcoming year. He requested grant funding from the Town to assist with expenses for the Winter season. After discussing the issue further, Council asked that Mosiman request media coverage to identify him as a Snowmass Village resident for marketing purposes. After further discussion, Boineau made a motion to provide $1,500 in funding to Mosiman to assist with Winter season expenses. Mordkin seconded the motion. There being no further discussion, the motion was approved unanimously. At the request of Council, staff agreed to provide Mosiman with Snowmass Village promotional stickers and other materials to distribute during his travels. Item No 4: RAIL AND TRAILS PRESENTATION: GLENWOOD HERITAGE TRAIN Kip Wheeler, representing Armitage Investors outlined a proposal to create and operate a Glenwood Heritage Excursion Train initially extending approximately 5 miles from Glenwood Springs to the Orrison Distribution Plant, with the potential of expanding the line to the upper Valley, creating economic opportunity by capturing tourism for the entire Valley. He explained potential benefits to the entire Roaring Fork Valley. He further explained that the railroad right-of-way would be leased from the Roaring Fork Transportation Authority (RFTA). The train would include a passenger car with serving facilities and restrooms, an open car and a caboose, and would include a 1-1/2 hour round trip, and two to three trips per day initially focusing on Summer tourism with possible expansion to the Winter season. Mr. Wheeler reported that the proposal was submitted to RFTA. and informational presentations are being presented to all Valley entities. He explained the goal would be to create a Western Heritage theme throughout the Train, focusing on the Western history of the area. Mr. Wheeler explained that office facilities for the Train operation would be initially located at the Glenwood Historical Museum. He provided suggestions to encourage tourism and incorporate the Western history of Snowmass Village by providing discounts to Snowmass Village Rodeo events, Winter sleigh rides, skiing and other Village events with the purchase of a ticket to ride the Train. He explained that the group feels they could bring in $1M in revenues to the Valley soon after startup, which would translate into approximately $3M - $5M in tourism revenues annually. Mr. Wheeler outlined issues that had been identified to obtain permission from RFTA to utilize the five miles of track, identifying a means to facilitate the trail and rail without incurring excessive costs related to construction at several points where the trail bed narrows, and providing safe crossings. He reported that the group provided alternatives for construction to address the issues and that RFTA has set aside funds to investigate complications, engineering issues and costs involved in constructing off the existing rail bed in locations too narrow to accommodate both rail and the trail. A trail advocate, he stated that if construction of the Excursion Trail is allowed to proceed, the trail should be constructed as soon as possible. Mr. Wheeler requested that Council encourage RFTA to seriously analyze the issues that would allow use of the rail bed for operation of the Excursion Train. Council discussed related maintenance issues for the trail, stated concerns that construction to allow the Excursion Train would slow down construction of the trail from Aspen to Glenwood Springs and safety issues 11-07-05tc Page 3 of 6 related to the tracks running parallel with the hiking/biking trail. He stated that he would confirm Pitkin County’s current schedule for trail maintenance and provide trail/rail parallels that have been a source of study by several entities over the past five years. He identified other Excursion Trains currently in operation within Colorado that had proved to be economically viable by attracting tourism. Council stated an interest in the proposal, although suggested that Armitrage Investors be given ninety days to provide additional information and scenarios to address the identified issues, identify a means that would prevent RFTA from expending additional funds to review and analyze issues related to construction of the rail bed in conjunction with the trail, identify insurance requirements, identify requirements contained in an agreement between RFTA and the Union Pacific Railroad regarding use of the rail bed, identify Corridor Conservation Commission stipulations related to “Go Colorado” Conservation Funds obtained and utilized to purchase the railroad corridor and determine if grant stipulations allow this type of use for the rail bed. NOTE: Council took a break at this time and reconvened the Meeting at 6:00 p.m. Item No. 5: PUBLIC NON-AGENDA ITEMS There were no Public Non Agenda Items. Item No. 6: COUNCIL UPDATES Town Council Field Trips Mayor Mercatoris reported that two field trips were scheduled for site visits to Club Commons Phase II where story poles and view simulations would be available to address concerns related to proposed building heights. The site visits were scheduled to be held on November 18 and 21, 2005. Advertisement “’Vote Yes, Yes, Yes” Mayor Mercatoris referred to an article recently printed in the “About Town” section of the Snowmass Village Sun entitled “Vote Yes, Yes, Yes”, promoting ballot questions at the recent Town election. He reported that after investigating the matter, it was found that the Town did not request the article nor was it paid for with Town funds. As Treasurer of “Vote Yes for our Community” Committee during the recent election process, Council Member Wilkinson reported that the Committee’s responsibility was to promote the three Bond Issues that were included on the recent Election Ballot. He reported that the Committee raised approximately $2,300 in private funds, which was donated by private citizens and businesses. He stated that the funds were expended on advertising, postage and door-hanger postcards, and upon the legal advice of the Town Attorney and the Attorney for the Colorado Municipal League (CML) to ensure that the Committee expenditures were in compliance with the Fair Campaign Practices Act (FCPA). Remaining funds not expended by the Commission would be donated to a non-profit organization located within the Town. He stated that the Committee’s intent was to remain within the legalities of the FCPA. Expression of Appreciation for Elector Vote Mordkin stated his appreciation to those who voted in favor of the Town/State Referendum/Initiative and the Group Sales Effort. Annual Snowmass Community Potluck Dinner Sparhawk informed Council and the public of the Annual Snowmass Community Potluck Thanksgiving Dinner scheduled to be held on Sunday, November 20, 2005 at the Snowmass Chapel and Community Center. Recall Election The Town Clerk reported that early and absentee voting was currently available to registered voters. 11-07-05tc Page 4 of 6 Appreciation to Voters Mayor Mercatoris stated his appreciation to the Snowmass Village voters for their support on recent Election Ballot Issues in favor of Group Sales and fundingfor the construction of a recreation center. Item No. 7: CONTINUED PUBLIC HEARING AND ACTION – RESOLUTION NO. 36, SERIES OF 2005 CONTINUED PUBLIC HEARING AND ACTION CONCERNING AN APPLICATION BY FARAWAY PARTNERSHIP, LLC FOR SUBDIVISION EXEMPTION AND MINOR AMENDMENT OF THE FINAL PLAT FOR LOTS 41-44, RIDGE RUN UNIT III SUBDIVISION Mayor Mercatoris opened the Public Hearing at 5:20 p.m. There being no comments from the public, he closed the Public Hearing at 5:21 p.m. Mercatoris encouraged comments from the public during this discussion. Planning Director Chris Conrad stated that pursuant to discussions held on October 24, 2005, the applicant re- submitted the application along with amendments requested at that Meeting. He outlined the amendments and recommended approval of the application as resubmitted at this Meeting. Council discussed the changes, specifically the relocation and elevation of the parking lot for Lot No. 41, as well as a document developed by the Homeowners Association in 1960. Conrad reported that issues identified previously by the Gerhart family have been resolved with the revised location of the parking lot. Conrad and Mr. Brandt, Counsel representing the applicant, provided a history of the building Lots from development to the present. Council requested a memo from Conrad outlining historical information regarding a “Combined Lot Declaration” developed by the Ridge Run Homeowners Association in the 1960s. Council also requested a discussion regarding future impacts related to this type of change, the number of combined lots remaining within the Town that have potential for this type of change and the lack of contributions made to the Town by single family subdivisions for parking within the community. Council requested that staff develop a draft Resolution or Ordinance for Council consideration that would place a moratorium on lot splits or lot divisions until the issues are resolved to Council satisfaction, and would address parking impacts and mitigation related to this type of change. T. Michael Manchester, Architect representing the applicant, explained the application specifics, benefits and reasoning for the changes requested, the basis for applying the Floor Area Excise Tax to determine the additional square footage and Tax amount required of the applicant. Conrad explained that the provisions outlined in Land Use Code concerning Floor Area Excise Tax would be applied as a basis for application of the additional square footage requested. Conrad explained the applicant’s request for Council to consider the application for lot line change that would allow the existing structure to remain and bring it to compliance with Town Code, by purchasing additional square footage through the Excise Tax process provided in the Town Code. He further explained that approval of this application would decrease the FAR on two of the lots, increase the FAR on one lot and allow construction of four homes on three of the lots through the Excise Tax provision. He reported if the request were granted, the total FAR for the lots in question would remain the same as the total FAR originally assigned within the area of the four lots. Council stated a concern that approval to increase the size of the lot would allow a larger structure for future resale at a substantial profit. Conrad outlined changes to the Resolution whereby the name Ridge Run IV was corrected and changed to Ridge Run III. There being no further discussion, Council Member Boineau made a motion to approve Resolution No. 36. Series of 2005 as amended. Council Member Sparhawk seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 8: RESOLUTION NO. 43, SERIES OF 2005 CONSIDERATION OF A RESOLUTION APPROVING AN AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT, 11-07-05tc Page 5 of 6 FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES IN NON-URBANIZED AREAS Mordkin made a motion to approve Resolution No. 43, Series of 2005, seconded by Boineau. Transportation Director David Peckler stated that this was a grant contract with the State Department of Transportation that would allow the Town to obtain grant funding for administration and operating assistance for the Village Shuttle during the 2006/2007 season, primarily for Route 3 Shuttle service. He explained that if the grant were funded, it would require the Town to provide matching funds in the amount of $34,000. Wilkinson requested that consideration be given to extending Shuttle Bus Route 3 to Horse Ranch or expanding Route No. 8. There being no further discussion, the Resolution was approved by a vote of 5 in favor to 0 opposed. Peckler stated that RFTA and New Century Transportation have requested that the Transportation Forum be moved from Thursday, December 8 to Friday December 9, 2005. He explained that Carl Marcella, Executive Director of the Regional Transportation Authority (RTA) in Denver and key speaker for the Forum, would not be available on December 8, although would be available on December 9, 2005. Council considered their calendars and requested that the Forum remain as scheduled on December 8. Item No. 9: APPROVAL OF MEETING MINUTES FOR 10-06-05 Boineau made a motion to approve the Meeting Minutes of October 6, 2005. Wilkinson seconded the motion. There being no changes or additions, the Minutes were approved as written, by a vote of 5 in favor to 0 opposed. Item No. 10: COMMITTEE REPORTS/CALENDARS Council Meeting Schedule Council discussed scheduled dates and Agenda items for upcoming Council Meetings. Council Meetings were scheduled for November 21, December 5, 12, and 19, 2005. The first Council Meeting in 2006 was scheduled for January 3, due to the New Year holiday, and a Meeting was scheduled for January 17, 2006 due to the Martin Luther King holiday. Mountain Improvements Wilkinson reported that when skiing Sams Knob, he observed that construction for the Mountain improvements was progressing satisfactorily. Dust Control Boineau reported a concerned citizen request for attention to excessive construction dust in the Wood Road area and near the Rodeo Lot. Boineau requested that staff monitor the areas and notify contractors to address dust issues when they arise. Mordkin requested that Base Village honor the requirements outlined in their agreement with the Town to address dust and dirt issues related to construction. Wilkinson requested that contractors be encouraged to avoid the use of Jake-Brakes within the Town limits. Term Rotation for Board and Commission Chairpersons Town Attorney John Dresser informed Council that he would provide a proposal for their consideration at the next Meeting, which would require all Town Board and Commission Chairman positions be rotated every 2- years. Council provided direction for staff development of a draft Ordinance to be considered at the next Town Council Meeting. Next Steps – Recreation Facility and Group Sales Department Mayor Mercatoris requested that following voter approval of Town ballot issues at the recent Town Election, Town staff work to complete development of the Community Recreation Center, stay within the approved budget amount, provide the community with updates on project expenditures, provide a construction schedule 11-07-05tc Page 6 of 6 for each of the individual amenities to be constructed within the Center, and work to negotiate the best possible transition for Group Sales from the Snowmass Village Resort Association to Group Sales Department that would become a part of the Town of Snowmass Village. He also requested that staff investigate further possibilities, opportunities, funding sources and options for construction of a Town Hall, a ballot issue that was not approved by the voters at the recent Town Election. Item No. 11: ADJOURNMENT There being no further business, Sparhawk 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 6:31 p.m. This set of Minutes was approved by Town Council during the Regular Meeting of January 3, 2006.