Town Council Regular Meeting Tuesday, November 13, 2018, 7:00 PM Council Chambers 150 Ski Hill Road Breckenridge, Colorado *Report of the Town Manager, Report of the Mayor and Council Members, Scheduled Meetings, and Other Matters are topics listed on the 7:00 pm Town Council Agenda. If time permits at the afternoon work session, the Mayor and Council may discuss these items. I. CALL TO ORDER, ROLL CALL II. APPROVAL OF MINUTES A. TOWN COUNCIL MINUTES - OCTOBER 23, 2018 III. APPROVAL OF AGENDA IV. COMMUNICATIONS TO COUNCIL A. CITIZEN'S COMMENT (NON-AGENDA ITEMS ONLY; 3-MINUTE TIME LIMIT PLEASE) B. BRECKENRIDGE SKI RESORT UPDATE C. BRECKENRIDGE TOURISM OFFICE UPDATE V. CONTINUED BUSINESS A. SECOND READING OF COUNCIL BILLS, SERIES 2018 - PUBLIC HEARINGS 1. COUNCIL BILL NO. 28, SERIES 2018 - AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH OFPERS PARTNERS L.L.C., A COLORADO LIMITED LIABILITY COMPANY, AND DILLON COMPANIES, LLC, A KANSAS LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN COLORADO (City Market Expansion) 2. COUNCIL BILL NO. 29, SERIES 2018 - AN ORDINANCE DESIGNATING CERTAIN REAL PROPERTY AS A LANDMARK UNDER CHAPTER 11 OF TITLE 9 OF THE BRECKENRIDGE TOWN CODE (Noble House – Lot 7, Block 13, Abbett Addition to the Town of Breckenridge) 3. COUNCIL BILL NO. 30, SERIES 2018 - AN ORDINANCE AMENDING THE BRECKENRIDGE TOWN CODE BY ADOPTING THE MUNICIPAL OFFENSE OF MISUSE OF TRASH RECEPTACLE VI. NEW BUSINESS A. FIRST READING OF COUNCIL BILLS, SERIES 2018 1 1. COUNCIL BILL NO. 31, SERIES 2018 - AN ORDINANCE SETTING THE MILL LEVY WITHIN THE TOWN OF BRECKENRIDGE FOR 2019 B. RESOLUTIONS, SERIES 2018 C. OTHER 1. 2019 PROPOSED BUDGET AND 2019-2023 CAPITAL IMPROVEMENT PLAN PUBLIC HEARING VII. PLANNING MATTERS A. PLANNING COMMISSION DECISIONS B. MCCAIN MASTER PLAN TOWN PROJECT VIII. REPORT OF TOWN MANAGER AND STAFF IX. REPORT OF MAYOR AND COUNCIL MEMBERS A. CAST/MMC (MAYOR MAMULA) B. BRECKENRIDGE OPEN SPACE ADVISORY COMMITTEE (MR. BERGERON) C. BRECKENRIDGE TOURISM OFFICE (MS. WOLFE) D. BRECKENRIDGE HERITAGE ALLIANCE (MS. GIGLELLO) E. BRECKENRIDGE CREATIVE ARTS (MS. LAWRENCE) F. BRECKENRIDGE EVENTS COMMITTEE (MS. GIGLIELLO) X. OTHER MATTERS XI. SCHEDULED MEETINGS A. SCHEDULED MEETINGS FOR NOVEMBER AND DECEMBER XII. ADJOURNMENT 2 TOWN OF BRECKENRIDGE TOWN COUNCIL REGULAR MEETING Tuesday, October 23, 2018 PAGE 1 1 of 5 I) CALL TO ORDER, ROLL CALL Mayor Mamula called the meeting of October 23, 2018 to order at 7:00 pm. The following members answered roll call: Ms. Lawrence, Mr. Carleton, Mr. Bergeron, Ms. Gigliello, Ms. Wolfe, Mr. Gallagher and Mayor Mamula. II) APPROVAL OF MINUTES A) TOWN COUNCIL MINUTES - OCTOBER 9, 2018 With no changes or corrections to the meeting minutes of October 9, 2018, Mayor Mamula declared they would stand approved as submitted. III) APPROVAL OF AGENDA Mr. Holman stated there was one change to the agenda, which was to add Resolution No. 21, Series 2018 in support of the Red, White and Blue Fire Protection District ballot issue, noting that Council should refer to the copy of the resolution handed out at the meeting. Mayor Mamula declared the agenda approved as amended. IV) COMMUNICATIONS TO COUNCIL A) CITIZEN'S COMMENT (NON-AGENDA ITEMS ONLY; 3-MINUTE TIME LIMIT PLEASE) Mayor Mamula opened Citizen's Comment. Mr. Brett Amedro, a Breckenridge resident, stated his house was built and bought before the trail to the Troll was put in place. He further stated the troll is having many negative impacts on him and his neighbors. Mr. Amedro stated he thinks Council’s responses were careless and misinformed, and there are thousands of people a day looking into his house. He stated on Friday night someone was urinating on the trail next to his house, and if the Town is going to close the trail by the bike park, 3-4 thousand people will be on the trail by his house instead. He stated there is no mitigating people coming by his window, and people are walking around the fencing and they don't care. Mr. Amedro stated Council is putting this problem on the neighbors instead of the Town. Ms. Laura Amedro, a Breckenridge resident, stated she is disappointed because she thought Council was here to support residents before visitors, but in keeping the troll it’s the other way around. She further stated she serves on the Town’s Childcare Committee and she works locally, and the troll has changed the culture of her neighborhood. Ms. Amedro stated she wouldn't have moved to Breckenridge if she wanted to see this many people out her window. She stated she is in favor of moving the troll to another location. Mr. Drew Kosmowski, a Breckenridge resident, stated he echoes the other things that have been mentioned about the troll. He further stated he wonders how Council thinks we will cope with hundreds of people on the trail through springtime. Mr. Kosmowski stated the fence isn't keeping people out of Paradise Green, and where the trail allows access through the alley, all of the bus traffic is going down the alley. Mr. Kosmowski further stated that closing the western end of the trail will divert everyone along the neighborhood property line, and there have already been injuries on that trail and he worries about safety. He stated that even with a police car in the alley, people went around it, and we would like a solid stockade fence all along the trail. He stated the BCA seems to be spending thousands of dollars marketing the troll, so maybe they should pay for the fencing. Mr. Kosmowski also stated the trail could be moved on the other side of the creek, or the troll needs to move because BIFA is over. He stated hundreds of walking sticks are left along the trails from branches, and there are littering and parking problems. He recommends the Town move the troll or enforce regulations about it. Mr. Kosmowski then stated if Amendment 74 passes that could be his next option. Ms. Tiernan Spencer, the Assistant Director of Mountain Top Children's Museum, stated the museum is looking for a forever home. She stated the organization is operating on a month-to-month lease because Vail Resorts is selling the building. She further stated the museum offers popular programs for locals and visitors, including a summer daycamp, Kids Night Out and outreach programming during the school year. Ms. Spencer stated they have seen a 43% increase in participation over 3 years. She 3 TOWN OF BRECKENRIDGE TOWN COUNCIL REGULAR MEETING Tuesday, October 23, 2018 PAGE 2 2 of 5 also stated the museum would like to be part of the conversation about Block 11 and McCain properties and she thinks it could be an attraction for nearby businesses and homes in that area. There were no additional comments and Citizen's Comment was closed. V) CONTINUED BUSINESS A) SECOND READING OF COUNCIL BILLS, SERIES 2018 - PUBLIC HEARINGS 1) COUNCIL BILL NO. 27, SERIES 2018 - AN ORDINANCE AUTHORIZING THE CONVEYANCE OF AN UNDIVIDED ONE-HALF INTEREST IN CERTAIN REAL PROPERTY TO SUMMIT COUNTY, COLORADO, ACTING BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO Mayor Mamula read the title into the minutes. Mr. Berry stated there were no changes to the ordinance from first reading. Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed. Mr. Bergeron moved to approve COUNCIL BILL NO. 27, SERIES 2018 - AN ORDINANCE AUTHORIZING THE CONVEYANCE OF AN UNDIVIDED ONE- HALF INTEREST IN CERTAIN REAL PROPERTY TO SUMMIT COUNTY, COLORADO, ACTING BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO. Ms. Gigliello seconded the motion. The motion passed 7-0. VI) NEW BUSINESS A) FIRST READING OF COUNCIL BILLS, SERIES 2018 1) COUNCIL BILL NO. 28, SERIES 2018 - AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH OFPERS PARTNERS L.L.C., A COLORADO LIMITED LIABILITY COMPANY, AND DILLON COMPANIES, LLC, A KANSAS LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN COLORADO (City Market Expansion) Mayor Mamula read the title into the minutes. Mr. Berry stated this ordinance requests a development agreement with the Parkway Center for the possible expansion of City Market. He further stated staff recommends approval, and if this ordinance is adopted, there will be a special notice sent out in accordance with our procedures. Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed. Mr. Bergeron moved to approve COUNCIL BILL NO. 28, SERIES 2018 - AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH OFPERS PARTNERS L.L.C., A COLORADO LIMITED LIABILITY COMPANY, AND DILLON COMPANIES, LLC, A KANSAS LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN COLORADO (City Market Expansion). Mr. Gallagher seconded the motion. The motion passed 7-0. 2) COUNCIL BILL NO. 29, SERIES 2018 - AN ORDINANCE DESIGNATING CERTAIN REAL PROPERTY AS A LANDMARK UNDER CHAPTER 11 OF TITLE 9 OF THE BRECKENRIDGE TOWN CODE (Noble House – Lot 7, Block 13, Abbett Addition to the Town of Breckenridge) Mayor Mamula read the title into the minutes. Mr. Berry stated this ordinance would designate this property as a landmark, which is a requirement of the development agreement. He further stated staff believes the property meets all of the qualifications of a landmark. Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed. 4 TOWN OF BRECKENRIDGE TOWN COUNCIL REGULAR MEETING Tuesday, October 23, 2018 PAGE 3 3 of 5 Mr. Bergeron moved to approve COUNCIL BILL NO. 29, SERIES 2018 - AN ORDINANCE DESIGNATING CERTAIN REAL PROPERTY AS A LANDMARK UNDER CHAPTER 11 OF TITLE 9 OF THE BRECKENRIDGE TOWN CODE (Noble House – Lot 7, Block 13, Abbett Addition to the Town of Breckenridge).