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03-07-05 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MARCH 07, 2005 Mayor Mercatoris called to order the Regular Meeting of the Town of Snowmass Village Town Council at 4:02 p.m. Item No. 1: ROLL CALL TOWN COUNCIL PRESENT: Mayor Douglas Mercatoris, Arnold Mordkin, Bill Boineau, John Wilkinson, and Sally Sparhawk TOWN COUNCIL ABSENT: All Members were present STAFF PRESENT: Mike Segrest, Town Manager; Hunt Walker, Public Works Director; Donna J. Garcia- Spaulding, Deputy Town Clerk & Record’s Manager; Art Smythe, Chief of Police; David Peckler, Transportation Manager; Susan Hamley, Marketing Director; Chris Conrad, Planning Director; and Steve Connor, Town Attorney PUBLIC PRESENT: Madeleine Osberger, Peter Moore, Mel Blumenthal, Bob Purvis, Josh Buhrman, Rick Griffin, Dale Will, Gary Tennenbaun, Dave Spence, Alan Richman, John Corcoran, Peter Thompson, Bud Kendig, Dave Spence, and Andy Rorelli DISCUSSION AGENDA Item No. 2: SUMMER MARKETING PLAN PRESENTATION The Marketing Director, Susan Hamley provided Council with a PowerPoint presentation of the Snowmass summer/fall schedule of events in an effort to provide the thought process and selection of events, including the Aspiration Statement, target audiences, guest research summary, event strategies/Guiding Principles, and 2005 event calendar. Hamley stated that the Marketing Department lives by the Aspiration Statement, which states that “We aspire to be the leading multi-season, family oriented, mountain resort community”. She stated that the target audiences include Aspen/Snowmass Village loving families, which are families with young toddlers to young teens; young aggressive athletes; empty nesters, who typically have disposable income without children; and the new emerging, independents, who are viewed as couples with or without children but are adults who want to have some time alone. As for the summer guest research, Hamley explained that a test was conducted among summer guest visitors, which revealed a low awareness and intent to visit, among Rocky Mountain vacationers; strong appeal and intent to return among past summer and winter guests (Marketing wants to capitalize on this one); middle-aged, affluent, 03-07-05mins. Page 2 of 10 well-educated, and active visitors; more front range, extended weekend guests, who enjoy hiking, biking and golf are fulfilled antes, which means that we need to have all these activities to accommodate this type of guest. The research also revealed that shopping and dining are also antes; cultural and sophisticated special events are driving attractions, which need to include concerts, wine and food Festivals, hot air balloon Festivals, and arts Festivals; and participant and spectator events draw some, enhance the experience for others. Summer strategies include creeping into an earlier and later season; focus mainly on affluent front rangers, with a cross-promotion to winter guests; generate repeat business with referral programs and lodging/ticket promotions; leverage the Aspen name but actively cultivate an independent personality. Hamley stated that there is a need to get people here first to have an enjoyable experience, then they will return; orient signature events towards adults without alienating families; introduce targeted online campaigns, meaning that the web site will be made more user friendly; engage the community; and continue to evaluate, research, and refine what has already been done. Most importantly, she expressed a need to think long-term and be patient; these things don’t happen over night. Hamley stated that the summer theme is “Music in the Mountains” (much like red rocks in the front range), which is the focus; gravity sports – supporting role, opportunistic non-strategic events – help fill gaps such as the Wellness experience, which also serves a purpose. This event needs to be more conference set and practical matters relating to aging parents, hypnosis and kids issues at a one-ticket price. Referring to the scheduled calendar of events, Hamley stated that beginning with events thth in June, the Chili Pepper & Brew Festival is scheduled for June 17 - 19 on Fanny Hill; th Snowmass summer of free music every Thursday, beginning June 30 through the strd month of August; West Festival beginning July 1 - 3 with Michael Martin Murphey; thththththth Massive Music & Movies July 7 & 8, August 5 - 7, and August 25 - 27; Wellness thth Experience July 14 - 17parallel with the Norba National Mountain Bike Series July rdththst 23 and 24 ; Snowmasgical Family Fun Festival July 29 - 31; U.S. Open thth Mountainboarding Championships beginning August 11 - 13; Blast the Mass thstndth beginning August 19 - 21; Jazz Aspen Snowmass beginning on September 2 - 5; thth Fall in Love Aspen/Snowmass beginning September 9 - 18; OktoberFestival ththth September 10 with dancing, food and beer; and Balloon Festival September 15 - 18 parallel with the Wine and Food Festival. Other events that are ongoing include hiking, fishing, camping, rafting, and the Rodeo. At this time Mayor Mercatoris acknowledged two Marketing and Special Events Board (MSEB) Member; Peter Moore and Bob Purvis, along with Josh Behrman, who is the Special Events Manager and assists with productions. In response to an inquiry by Council Member Wilkinson, Hamley stated that there has not been marketing in Europe for the Norba National Mountain Bike Series until the opportunity is in front of the Marketing Department but they do recognize that the need to work that opportunity after prioritizing other matters. Hamley further stated that they don’t want to jeopardize what they have going now! Peter Moore stated that the Advisory Committee has a voice to coordinate opportunities as well. 03-07-05mins. Page 3 of 10 Council Member Boineau suggested that the MSEB set up a meeting to talk about prioritization of events. Hamley stated that the Guiding Principles are set up for the purpose. Purvis agreed that there are some things that will be helpful to discuss. Mayor Mercatoris stated that during the recent Council Retreat, it was determined that Council is supposed to have “hands-off” the MSEB with the exception of discussing financial responsibilities although a meeting to discuss philosophy would be worthy. Hamley stated that she would like to hear what Council input. Council commented on the events brochure, scheduling of events that generate income and stated they noticed that there isn’t enough events in August. Hamley stated her disappointment with the month of August and stated that the Marketing Department is at the mercy of others and availability. They have to make what is scheduled be a success before moving on. Over all, Council approved of what they see the Marketing Department accomplishing and stated that marketing stickers, brochures, etc.. . are looking very professional and inviting. After further discussion, Council requested that the Marketing Director investigate how to upload the brochures online with the capability of printing double-sided copies on one page for purposes of downloading easier. Hamley stated that she has requested a complete web site revamping in an effort to make it easy for families mark an itinerary from the web site. Mayor Mercatoris requested that the brochures get out sooner for booking of hotels in the wintertime. Item No. 3: PUBLIC NON-AGENDA ITEMS There were no Public Non-Agenda items. Item No. 4: COUNCIL UPDATES Discuss Intercept Lot in preparation for E.O.T.C. meeting (see E.O.T.C. packet delivered separately). Transportation Director David Peckler provided Council with a brief history of development of the project, items of discussion including approval of issues relating to the Brush Creek Park-N-Ride Expansion project, budget approval, Draft IGA for the management, maintenance and use of the Brush Creek Park-N-Ride, and requested that Council provide staff with direction on Phase II of the project. Peckler explained that this is the last chance for an access permit to be obtained for the X-Games to use Cozy Point for event parking, and that the Cozy Point lot had restrictions on it that would not allow parking on it in 2008. He explained that the Cozy Point location will no longer be a parking option, and that staff is not sure the Elected Official’s Transportation Committee (E.O.T.C.) is committed to this project. Because there may be an opportunity to receive free fill from construction projects in the summer of 2005 from Base Village and others in the valley, there could be additional agreements that would lower the overall construction costs. The E.O.T.C. should decide what year it sees as necessary for the additional 600 spaces in Phase II, and what type of surface is preferred. He stated that the Intrawest is using the site for disposal of fill, which is a separate issue and cost savings to E.O.T.C. 03-07-05mins. Page 4 of 10 Mayor Mercatoris stated the importance of discussing mass transit from Snowmass Village to Aspen and to the airport, since there is a difference of funds allocation. The Mayor further stated need to encourage parking of vehicles at the Intercept lot especially for special events in the near future. Council and staff further discussed whether or not to use grass, gravel, recycled asphalt or a combination thereof at the Intercept parking lot; approximately how many cars currently park at the intercept lot; costs associated with Phase I and Phase II; and Phase II implementation being expedited, as a contingency plan for overflow parking. After further discussion, Council took a straw vote and Council majority agreed unanimously with staff recommendation. Item No. 5: RESOLUTION NO. 11, SERIES OF 2005 – COZY POINT SOUTH CONSIDERATION OF A RESOLUTION APPROVING A FINANCIAL CONTRIBUTION FOR THE JOINT PURCHASE OF COZY POINT SOUTH IN CONJUCTION WITH THE CITY OF ASPEN AND THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS. Town Manager Mike Segrest provided Council with general information relating to this resolution and stated that Dale Will, Director of Pitkin County Open Space and Trails has requested a financial contribution from the Town of Snowmass Village to assist in the acquisition of Cozy Point South. Segrest stated that the purchase price for Cozy Point South is $2,750,000. It is anticipated that the City of Aspen will contribute $100,000 toward the purchase and the Pitkin County Board of County Commissioners will seek grant assistance from Great Outdoors Colorado for the remaining funds needed to facilitate the purchase. He requested Council support that the Town of Snowmass Village contribute $50,000 toward the purchase of Cozy Point South and incorporate this contribution into a 2005-revised budget. This will be treated as a one- time expenditure and funded from the General Fund reserve. Director of Pitkin County Open Space and Trails Dale Will stated that they support the request and that they are happy to have another chance to preserve it with much more flexibility on the last piece to the Colorado Department of Transportation (CDOT) underpass. Will stated that the new owner is in favor of Open Space and Trails. Mayor Mercatoris stated that this is a good year for this to happen. After further discussion, Mayor Mercatoris called the question and Council Member Boineau made a motion to approve Resolution No. 11, series of 2005, seconded by Council Member Sparhawk. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 6: RESOLUTION NO. 09, SERIES OF 2005 – COUGAR ANYON/COZY POINT RIDGE/SCHWARZ LOT PRELIMINARY PUD CONSIDERATION OF A RESOLUTION CONCERNING A JOINT MEETING WITH THE PLANNING COMMISSION PROVIDING DIRECTION TO THE PLANNING COMMISSION REGARDING THE COUGAR CANYON/COZY POINT RIDGE/SCHWARZ LOT PRELIMINARY PUD, SUBDIVISION 03-07-05mins. Page 5 of 10 EXEMPTION AND ZONING APPLICATION. The Planning Director Chris Conrad stated that a work session occurred before the Planning Commission on February 16 with staff and the applicant discussing the matters identified within the enclosed resolution. The Planning Commission is prepared th to conduct a Public Hearing and consider a draft resolution on March 16. Conrad requested that Council review the enclosed resolution and inform staff whether there th were additional items discussed during the December 20 Meeting that the Planning th Commission needs to focus upon during their March 16 Meeting. There being no further discussion, Council Member Mordkin made a motion to approve Resolution No. 09, Series of 2005, seconded by Council Member Boineau. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 7: RESOLUTION NO. 10, SERIES OF 2005 – DRUG AND ALCOHOL POLICY CONSIDERATION OF A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, ADOPT A SUBSTANCE ABUSE POLICY FOR EMPLOYEES SUBJECT TO DRUG AND ALCOHOL TESTING STANDARDS UNDER FEDERAL TRANSIT ADMINISTRATION‘S REGULATIONS AND IN COMPLIANCE WITH “THE DRUG FREE WORKPLACE ACT OF 1988” LOCATED IN 20 CFR PART 29. In response to an inquiry by Council Member Wilkinson, Transportation Director David Peckler stated that before any safety-sensitive employee is allowed to return to duty performing safety-sensitive duties following a verified positive drug or alcohol test they must be evaluated by a Substance Abuse Professional (SAP), complete any recommended treatment and provide a negative return to duty test. Return to duty testing is done at the recommendation of the SAP and may be for drugs and/or alcohol. Peckler further explained that this is part of Commercial Driver’s License (CDL) Licensing requirements. Town Manager Mike Segrest stated that this is done as a means of looking after the safety of community at large. There being no further discussion, Mayor Mercatoris called the question and a roll call vote was taken and passed unanimously. Council Member Boineau made a motion to approve Resolution No. 10, Series of 2005, seconded by Council Member Sparhawk. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 8: PUBLIC HEARING AND SECOND READING - ORDINANCE NO. 01, SERIES OF 2005 - STONEBRIDGE INN REZONING PUBLIC HEARING AND SECOND READING CONSIDERATION OF AN ORDINANCE APPROVING A REZONING OF CERTAIN LAND CONTAINING OR SURROUNDING THE STONEBRIDGE INN PROPERTY FROM SPA-1, SPECIALLY PLANNED AREA, TO MU-2, MIXED USE. Mayor Mercatoris opened the Public Hearing at 5:35 p.m. Planning Director Chris Conrad stated that all publication requirements have been satisfied. Conrad outlined 03-07-05mins. Page 6 of 10 the core issues for today’s discussion including whether the rezoning application is consistent with the applicable review standards and review standards of the Municipal Code. He reported that the Stonebridge Inn Association, Inc. has applied to rezone their property from SPA-1 to MU-2 for Final PUD approval and that First Reading approval for the rezoning was granted on February 22, 2005. Conrad stated that staff recommends conducting the Public Hearing and granting Second Reading approval of this ordinance. Conrad referred Council to the letter submitted by Garfield & Hecht, P.C. Attorney At Law Bud Kendig included in today’s packet, which states objection to the construction of the conference room facility as designed because the roof design will impair views from units owned by Morris Robinson, the owner of six units in the Stonebridge Inn. Manager of the Stonebridge Inn John Corcoran provided Council with visuals depicting the land involved. Town Attorney Steve Connor explained past applications in West Village zoning parameters and how this affects today’s application. The Applicant Representative Alan Richman discussed what has occurred historically and stated that the property was developed under regulations that were appropriate for the PUD and according to Council direction. There being no further discussion, Mayor Mercatoris closed the Public Hearing at 5:55 p.m. Council Member Mordkin made a motion to approve Ordinance No. 01, Series of 2005, seconded by Council Member Boineau. The vote passed by 5 in favor and 0 opposed. Item No. 9: SECOND READING - ORDINANCE 06, SERIES OF 2005 – STONEBRIDGE PUD SECOND READING CONSIDERATION OF AN ORDINANCE CONSIDERING APPROVAL OF A MINOR PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAN FOR THE “STONEBRIDGE INN CONFERENCE ROOM AND DECK ADDITION,” WHICH INCLUDES VARIATIONS FOR MAXIMUM HEIGHT, MAXIMUM FLOOR AREA RATIO, MINIMUM LOT AREA, AND AN ALTERNATIVE PARKING PLAN. Town Attorney Steve Connor clarified that referral of this ordinance to the Planning Commission is not required by procedure. Manager of the Stonebridge Inn John Corcoran provided Council with visuals depicting the subject area proposing a new conference room adjacent to the restaurant, with removable walls; landscaping; elevation; new decking along the exercising room; and the under access from the bar area. Corcoran stated there is a strong request by guests for conference space and that the desire to be competitive and accommodate this request. Robert Kendig Counsel representing Morris Robinson stated that Mr. Robinson is entitled to rely on the Code as it is written and details discussed during the Planning Commission Meeting do not apply to this situation. Dave Spence representing the owner of room 525 and Andy Rorelli stated approval of the project as it will improved revenue and real estate values. Spence stated that the 03-07-05mins. Page 7 of 10 views will not be diminished out the room toward Elk Camp and will not be diminished. Important view is won’t hurt us future real estate value. And encourage go ahead. There being no further discussion, Mayor Mercatoris called the questions and a roll call vote was taken and passed unanimously. Council Member Boineau made a motion to approve Second Reading of Ordinance No. 06, Series of 2005, seconded by Council Member Mordkin, upon a vote of 5 in favor and 0 opposed. NOTE: Council took a 5-minute beak and reconvened at 6:45 p.m. Item No. 10: SECOND READING - ORDINANCE NO. 08, SERIES OF 2005 – PUBLIC LEASES SECOND READING CONSIDERATION OF AN ORDINANCE RATIFYING AND REAFFIRMING THE OBLIGATIONS OF THE TOWN PURSUANT TO CERTAIN LEASE AGREEMENTS FOR PUBLIC PURPOSES. There being no discussion or amendments, Council Member Sparhawk made a motion to approve Ordinance No. 08, Series of 2005, seconded by Council Member Boineau. The vote was approved by 5 in favor and 0 opposed. Item No. 11: FIRST READING - ORDINANCE NO. 09, SERIES OF 2005 — CREATING SECOND HOMEOWNER’S ADVISORY BOARD FIRST READING CONSIDERATION OF AN ORDINANCE ESTABLISHING THE SNOWMASS VILLAGE SECOND HOMEOWNERS ADVISORY BOARD AND SPECIFYING ITS DUTIES. Town Manager Mike Segrest stated that during the February 22, 2005 Town Council Meeting, that Council made some changes to the Ordinance and directed staff to make room for First Reading discussion of those changes during today’s meeting. After further discussion, Council requested that staff amend the language in Ordinance No. 09, Series of 2005 to be consistent with other Board language relating to: Qualifications. All members of the Second Homeowners Advisory Board must be nonresident fee simple owners of the real property in Snowmass Village . . . take out “fee simple” and change it to be regardless of title . . . There being no further discussion, Council Member Boineau made a motion to approve as amended First Reading of Ordinance No. 09, Series of 2005, seconded by Council Member Sparhawk, and upon a vote of 5 in favor and 0 opposed. Item No. 12: APPROVAL OF MEETING MINUTES FOR 03-01-05 Mayor Mercatoris requested an amendment to packet page 91, listed under his comments, item number 4., to delete “If RETT extension is approved”. There being no further amendments or discussion, Council Member Mordkin made a motion to approve the Meeting Minutes for March 1, 2005, seconded by Council Member Sparhawk, and upon a vote of 5 in favor to 0 opposed. 03-07-05mins. Page 8 of 10 Item No. 13: COMMITTEE REPORTS/CALENDARS RFTA Discussion – Rail Salvage Issues Railroad Track/Trails For the benefit of the new Council Members, Council Member Mordkin explained the issue in question being whether or not to allow removal of all the track along the corridor or salvage the rail to build trails and maintain them. He explained what has occurred historically during E.O.T.C./FRTA/RFTA/RSV meetings. After further discussions, Council majority was in favor of pulling the rail and salvaging it for a proper placement of a train in the future and putting a trail on the rail area. Cross walk request. In response to an inquiry by Council Member Sparhawk, Town Manager Mike Segrest stated that when requests for cross walks come forward, that staff looks at the location and responds to whoever is making the request, and then Council reviews and analyzes information gathered. Segrest stated that these requests are potentially dangerous lawsuit situations due to the fact that some of the locations are on blind corners and a pedestrian could step out in front of a driver. Sparhawk stated that it is unfortunate that the individual who made this request did not leave their name! Hill Above Horse Ranch Named after someone Council Member Boineau inquired as to whether or not the hill above Horse Ranch could be names after a particular individual. In response to this inquiry, Segrest stated that there really isn’t anything the Town can do. FlowRider - Competitive Pool Council Members Boineau and Wilkinson requested more time for a PowerPoint presentation, which details a competitive pool and the Flow rider (fiberglass wave maker) as a compliment to what Aspen Recreation Center has. Public Works Director Hunt Walker stated that the Phase I pool design will be discussed on April 1, 2005 with Tom Lock a consultant. Resort Association Closure Enacting A Bed Tax Council requested that staff draft a formal letter to the lodging community and inform them that Council is seeking their input regarding a tax for group sales. Upper Snow Melt Road - Bus Service Council Member Mordkin requested that staff investigate why buses are still pulling in and backing up at the Upper Snow Melt Road location, as this is a safety issue. Segrest stated that he would find out what is happening and report findings to Council at a meeting in the near future. Mayor Thank You Mayor Mercatoris personally thanked Snowmass Village colleagues, friends and the community for the get-well cards, flowers and kind words of encouragement received during his hospitalization. 03-07-05mins. Page 9 of 10 Packet Calendar Council Member Sparhawk requested that staff include Community Forum Meeting date on the packet calendars. Mayor Mercatotis commented that this meeting could possibly be filmed. Pool Meetings Council Member Sparhawk requested that staff inform her of when the Pool Meetings are scheduled, as she was not aware of the last meeting and greatly desires being a part of these discussions. NOTE: Thefollowing item was not scheduled on today’s agenda. Item No.13A: EXECUTIVE SESSION - Colorado revised Statutes 24-6-402 (4) (e) - Snowmass Village Municipal Code Chapter 2, Article III, - Section 2-45 (c) (5) Negotiations The topic for discussion in the executive session will be: Land acquisition negotiations. Mayor Mercatoris made a motion to proceed to Executive Session, seconded by Council Member Boineau, and by a vote of 5 in favor to 0 opposed. In response to an inquiry by Editor/General Manager for the Snowmass Sun Newspaper Madeleine Osberger, Town Manager Mike Segrest stated that this Executive Session was a last minute issue therefore; there wasn’t enough time to draft a Public Notice. There being no further discussion, Council Member Mordkin made a motion to reconvene to the Regular Town Council Meeting, seconded by Council Member Boineau. The motion was approved by 5 in favor and 0 opposed. Item No. 14: ADJOURNMENT There being no further business, Council Member Mordkin made a motion to adjourn the Regular Town Council Meeting, seconded by Council Member Sparhawk. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 8:19 p.m. 03-07-05mins. Page 10 of 10 This set of Minutes was approved as amended at the Regular Town Council Meeting of March 21, 2005. Submitted By: