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01-15-01 Town Council MinutesItem No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: STAFF PRESENT: PUBLIC PRESENT: SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES JANUARY 15, 2001 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, January 15, 20001 at 5:03 p.m. Mayor T. Michael Manchester, Douglas Mercatoris, Arnold Mordkin, Bob Purvis, and Richard Virtue COUNCIL MEMBERS ABSENT: All Council Members were present. Gary Suiter, Town Manager; Trudi Worline, Town Clerk; Carey Shanks, Assistant to the Town Manager; Hunt Walker, Public Works Director; Craig Thompson, Community Development Director; Art Smythe, Chief of Police; Larry Green, Wildlife Specialist; Bernadette Barthelenghi, Landscape Architect; Chris Conrad, Planning Director; Jim Walstrom, Senior Planner Mike Mercatoris, Staci Stokes, Carol Dresser, Jack Hatfield, Bill Boineau, Jan Porter, Bill Kane, Dave Bellack, Brent Gardner Smith, Janice Huggins, Jim Wells, Dawn Keating, John Wilkinson, Jeff Tippett, Dan Baharav, Madeleine Osberger and other members of the public interested in today's Agenda items. Item No. 2: RESOLUTION NO. 10, SERIES OF 2001 A RESOLUTION APPOINTING BOB PURVIS AS TOWN COUNCIL MEMBER TO FILL THE VACANCY CREATED BY THE RESIGNATION OF JACK HATFIELD Council Member Mercatoris made a motion to approve Resolution No. 10, Series of 2001, seconded by Mayor Manchester. The motion was approved by a vote of 4 in favor to 0 opposed. Jack Hatfield's resignation was effective at the end of the Work Session held prior to this Meeting. 01 -15 -01 tc Page 2 Item No. 3: OATH OF OFFICE COUNCIL MEMBER BOB PURVIS Trudi Worline, Town Clerk, administered an Oath of Office to Bob Purvis as Council Member to fill the vacancy created by the resignation of Jack Hatfield. Item No. 4:, RESOLUTION NO. 9, SERIES OF 2001 A RESOLUTION EXPRESSING APPRECIATION TO JACK HATFIELD FOR HIS SERVICE AS TOWN COUNCIL MEMBER Mayor Manchester made a motion to approve Resolution No. 9, Series of 2001, seconded by Council Member Mercatoris. The motion was approved by a vote of 5 in favor to 0 opposed. Mayor Manchester presented Hatfield with a framed copy of the Resolution and a plaque stating the Town's appreciation for Hatfield's service on the Snowmass Village Town Council. Item No. 5: RESOLUTION NO. 10, SERIES OF 2001 A RESOLUTION EXPRESSING APPRECIATION TO CAROL DRESSER FOR HER SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE LIQUOR LICENSING AUTHORITY Mayor Manchester made a motion to approve Resolution No. 10, Series of 2001, seconded by Council Member Mercatoris. The motion was approved by a vote of 5 in favor to 0 opposed. Mayor Manchester presented Dresser with a framed copy of the Resolution. Item No. 6: PUBLIC NON AGENDA ITEMS (5- Minute Time Limit) Council Member Mercatoris reclused himself from this discussion. Smoking Prohibition Mike Mercatoris, Manager of the Mountain Dragon Restaurant and Bar, requested that Council consider legislation that would prohibit smoking in bars and restaurants within Snowmass Village. He also submitted a petition to the Town Council, which was signed by approximately 400 people in favor of this legislation. Mayor Manchester directed staff and the Town Attorney to draft an Ordinance to this affect and schedule time on a future Work Session for discussion. Item No. 7: FIRST READING ORDINANCE NO. 02, SERIES OF 2001 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF SECTION 10 -29 OF THE MUNICIPAL CODE CONCERNING SEASONAL TRAIL CLOSURES 01 -15 -01 tc Page 3 Council Member Mordkin made a motion to approve first reading of Ordinance No. 02, Series of 2001, seconded by Council Member Virtue. Craig Thompson, Community Development Director, referred Council to a document included in the January 5, 2001 Council information packet, which provided an overview of events that occurred prior to this first reading. He explained that the Trails Committee met in November and discussed the trail closure dates. The Division of Wildlife then met with staff and a recommendation was brought Council. Council agreed with the recommendation. Jim Wells questioned the importance of the trail closure dates set forth in Ordinance No. 6, Series of 1994. The Town Attorney stated that Council is not precluded from amending this Chapter of the Municipal Code, which outlines trail closure dates and penalties for violations. He also stated that the Wildlife Management Plan referred to in Ordinance No. 6, Series of 1994 was a condition of development for East Village development and not a regulatory document. After further discussion with the public, Council directed staff to meet with all concerned parties to develop an agreeable solution. Council requested additional information before Second Reading of this Ordinance. There being no further discussion First Reading was approved by a vote of 5 in favor to 0 opposed. Item No. 10: DISCUSSION CODE OF ETHICS Council Member Mordkin explained that Council recently approved a Resolution which allowed Mordkin to appear before the Snowmass Village Liquor Licensing Authority to request a new liquor license. He explained that letters opposing the his application were submitted to the Liquor Licensing Authority by Council Member Jack Hatfield and recently appointed Snowmass Village Planning Commission Member Bill Boineau. A comment was also made before the Liquor Authority opposing the license, by a relative of the Liquor Licensing Authority. Mordkin questioned the ethics in this instance and outlined three questions referencing proper ethical behavior for a board member which included the following: Should a Snowmass Village Council person be permitted, without prior approval of the Council, to lobby, either directly or indirectly, orally or in writing, any Town Board, Commission, Council or Authority, for or against any matter then pending before said Board, Commission, Council or Authority? 01 -15 -01 tc Page 4 Should a member of any Snowmass Village Town Board, Commission, Council or Authority be required to recuse himself or herself, if that member's parent, grandparent, spouse, sibling, child or grandchild should testify before the Board, Commission, Council or Authority or present a position for or against any matter then pending before said Board, Commission, Council or Authority? Should any member of any Snowmass Village Town Board, Commission, Council or Authority be permitted to testify before or present a position for or against any matter then pending before any other Town Board, Commission, Council or Authority? After a lengthy discussion, Council directed the Town Attorney to investigate the issues and provide the information to Council at a future Work Session. Item No. 9: RESOLUTION NO. 07, SERIES OF 2001 (Previously Resolution No. 29, Series of 2000) CONSIDERATION OF A RESOLUTION APPROVING A SUBDIVISION EXEMPTION FOR LOT 1, RIDGE RUN UNIT 1, PERMITTING THE CONDO MINIMIZATION OF THE EXISTING DUPLEX Mercatoris made a motion to approve Resolution No. 07, Series of 2001, seconded by Mayor Manchester. Council requested necessary changes to the language on Page 3 of the Resolution. There being no further discussion, the Resolution was approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 11: APPROVAL OF WORK SESSION SUMMARY OF 01- 08 -01, AND MEETING MINUTES OF 12 -18 -00 AND 01 -02 -01 Mercatoris made a motion to approve the Work Session Summary of 01 -08 -01 and Meeting Minutes of 12 -18 -00 and 01- 08 -01, seconded by Mordkin. There being no corrections or additions, the documents were approved by a vote of 5 in favor to 0 opposed. Mayor Manchester noted that in the future, Council Meeting Agendas would include a "Consent Agenda for items that do not require discussion, and which will only require one Council vote for all items listed under that topic. Item No. 13: DISCUSSION COUNCIL /STAFF RESORT TOURS 01 -15 -01 tc Page 5 Mordkin expressed interest in the Planning Commission attending the Resort Tours. After further discussion, Council agreed to members of the Planning Commission join Council on the tour of Park City and staff was directed to make travel arrangements. Item No. 8: RESOLUTION NO. 06, SERIES OF 2001 (Previously Resolution No. 17, Series of 2000) CONSIDERATION 0 F A RESOLUTION PROVIDING THE TOWN COUNCIL FINDINGS AND DETERMINATION REGARDING AUTHORIZATION FOR SNOWMASS CLUB ASSOCIATES TO SUBMIT A PRELIMINARY PLANNED UNIT DEVELOPMENT APPLICATION FOR THE SNOWMASS CLUB PHASE II PROPOSAL Mercatoris made a motion to approve Resolution No. 06, Series of 2001, seconded by Virtue. This item was discussed during the Work Session at which time Council directed staff to make necessary changes to the Resolution. Council reviewed the amendments and requested two minor language changes. Mercatoris made a motion to approve the Resolution as amended, seconded by Purvis. There being no further discussion, the Resolution was approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 12: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /STATUS REPORT Chinese New Year Mordkin made a motion to approve Resolution No. 11, Series of 2001, seconded by Virtue. Staff was directed to prepare a Resolution to allow Council Member Mercatoris to apply for a Temporary Use Permit to allow him for a fireworks display during the Chinese New Year celebration. The motion was approved by a vote of 4 in favor to 0 opposed. Mercatoris abstained. Sales Tax Report Purvis reported that the sales tax report for November of 2000 is available and shows a 14% increase in revenues over the prior year. Mayors and Commissioners Meeting Gary Suiter, Town Manager, reported that he attended the Mayors and Commissioners meeting in Mayor Manchester's absence. He provided a brief report on the items that were discussed. 01 -15 -01 tc Page 6 RTA Meeting Manchester reported that a Rural Transportation Authority (RTA) Meeting will be held on Friday, January 19, 2001 from 8 a.m. to 3 p.m., followed by a meeting of the Roaring Fork Transportation Authority Board (RFTA). Railroad Litigation The Tenth Circuit Court dismissed the STD's offer from the gentlemen who was suing the railroad. CAST Meeting The Town Manager reported that the January Colorado Association of Ski Towns (CAST) Meeting will be held in Aspen. This is good opportunity to meet people from Colorado Ski Resorts. Employee Housing Council requested that the work of the Employee Housing Committee continue. Council Members Purvis and Virtue will meet with the Housing Manager to discuss historical employee housing information in the near future. Election Day Mayor Manchester stated that Tuesday, January 16, 2001, is Election Day in Snowmass Village and reminded the public that the polls will be open from 7 a.m. until 7 p.m. The ballot question requests approval for the Town to construct employee housing on Faraway Ranch South, Parcel "N EOTC Meeting An Elected Officials Transportation Committee (EOTC) Meeting is scheduled for Tuesday, February 20 2001. The meeting will be held at Aspen Town Hall. Pay and Classification Plan The Town Manager informed Council that the new Pay and Classification Plan went into effect on Friday, January 5 2001. Item No. 15: ADJOURNMENT There being no further business, Virtue made a motion to adjourn the Meeting. Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 7:45 p.m. Rhonda B. Coxon, Deputy Town Clerk