Loading...
02-19-01 Town Council MinutesMayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, February 19, 2001 at 4:18 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: Richard Virtue STAFF PRESENT: PUBLIC PRESENT: SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES 02 -19 -2001 Mayor T. Michael Manchester, Douglas Mercatoris, Robert Purvis and Arnold Mordkin Gary Suiter, Town Manager; Steve Connor, Town Attorney; Art Smythe, Chief of Police, Craig Thompson, Community Development Director; Hunt Walker, Public Works Director; Dean Stahman, Planner; Chris Conrad, Planning Director; Robert Voigt, Senior Planner; Trudi Worline, Town Clerk Tom Dunlop, Richard Wall, Ann Wilkenson, Denise Griffin, Mary Evans, Carol Gaudin, Bob Gaudin, Deidre Boineau, Jack Hatfield, George Huggins, Mary Beth Blake, Madeleine Osberger, Ken Roberts, Gracie Oliphant, Barbara Moebius, Michael Mercatoris, Brent Gardner Smith and other members of the public interested in the Agenda Items for this Meeting. NOTE: Mayor Manchester stated that Agenda Item No. 3 would be heard at this time. Item No. 3: RESOLUTION NO. 16, SERIES OF 2001 A RESOLUTION OF APPRECIATION TO ROBERT GAUDIN FOR SERVICE ON THE TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION Mayor Manchester read the entire text of Resolution No. 16, Series of 2001, stating appreciation to Robert Gaudin for his service on the Snowmass Village 02- 19 -02tc Page 2 Planning Commission. Manchester presented Gaudin with a framed copy of the Resolution. Work Session Item Nature Center Discussions on this item were continued from the Council Work Session which preceded this Council Meeting. Council provided representatives of the Nature Center with optional locations to investigate as potential construction sites for a Nature Center. The areas included Community Park, Rodeo Parking Lot, Chapel /Community Center, Two Creeks building and Parking Lot Nos. 7 and 8. Other potential sites included Base Village area, Suzanne Flats, Entryway, Little Red Schoolhouse, Hidden Valley and Upper Divide Parking Lot. At the advice of the Town Attorney, Council disclosed that during discussions related to this item, Council had spoken as owners of property to potential users, and statements made by Council members were not related to land use or any future applications which may arise on any of the mentioned parcels of land. Item No. 2: PUBLIC NON AGENDA ITEMS Highway 82 /Brush Creek Road Sign Jack Hatfield, Pitkin County Commissioner, reported that the sign proposed by the Town to be constructed at the intersection of Brush Creek Road and Highway 82, will be discussed at the March Pitkin County Planning and Zoning Board meeting. Post Office Hatfield suggested that the Town formally submit an application to the United States Postal Department for Snowmass Village to have their own Post Office. Agendas In response to a complaint made by Hatfield, the Mayor and Town Clerk reported that the Agenda mailing list database is in the process of being restored and is posted weekly on the Town's Internet Web Site. CONSENT AGENDA Item No. 4: RESOLUTION NO. 19, SERIES OF 2001 CONSIDERATION OF A RESOLUTION GRANTING A MEDICAL LEAVE OF ABSENCE TO DOUGLAS MERCATORIS Mordkin requested that Item No. 5 be removed from the Consent Agenda for discussion purposes. Purvis made a motion to approve the item on the Consent 02 -19 -01 tc Page 3 Agenda. Manchester seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Virtue was absent. Item No. 5: APPROVAL OF MEETING MINUTES FOR 02 -05 -01 Mordkin requested that on Page 6, second paragraph from the bottom of the page, 4 sentence be amended by replacing the title "Wildlife Biologist" with the name "Dee Belina Purvis made a motion to approve the Meeting Minutes as amended. Mordkin seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Virtue was absent. REGULAR AGENDA Item No. 7: PUBLIC HEARING AND SECOND READING ORDINANCE NO. 08, SERIES OF 2001 TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF CHAPTER 10 ARTICLE V OF THE MUNICIPAL CODE CONCERNING THE REGULATION OF SMOKING BY PROHIBITING SMOKING IN ALL ENCLOSED PUBLIC PLACES Mercatoris recused himself from the discussion on this item, disclosing that he is the owner of a bar and holds a Snowmass Village liquor license. Mordkin made a motion to approve Second Reading of Ordinance No. 08, Series of 2001 with an amendment. Purvis seconded the motion. Mayor Manchester opened the Public Hearing at 4:34 p.m. Ann Wilkinson, Director of International Sales and Marketing for the Aspen Skiing Company (ASC), stated opposition to the Ordinance and explained her concerns that the new law may have a negative affect on the International clientele, and requested that inside designated smoking areas be allowed and smoking be allowed on outdoor decks. Mary Evans of ASC International Sales, stated opposition to the Ordinance, which she felt, may deter international clientele. Richard Wall stated Opposition to the Ordinance and expressed his concern that potential Snowmass Village guests may choose to vacation at other resorts. He requested that businesses be allowed to provide properly ventilated designated smoking areas if they choose to do so. Tom Dunlop, Director of Pitkin County Environmental Health Department, provided statistics regarding the affect of second -hand smoke on others, provided information related to Pitkin County's smoking ban and encouraged 02 -19 -01 tc Page 4 Council to approve the Ordinance. In response to an inquiry from the Town Manager, Wilkenson explained that ASC is environmentally focused as a company, but has concerns of deterring the international guests if the Town does not provide comfortable smoking spaces for those who smoke. Mary Evans explained that she has spoken as an individual who is concerned about her job and not as a representative of ASC. She requested that the decision to be a non smoking establishment remain with individual business owners. Mayor Manchester stated his support of the smoking ban and explained that he felt a percentage of the guests would be appreciative of the ordinance as a matter of public health and welfare for non smoking guests and employees. Mordkin and Purvis stated their support for the ordinance as a matter of public health. Dunlop explained that under the Colorado Revised Statutes on environmental health, the Council of an incorporated City or Town sits as a Board of Health for their community. Mordkin stated that he would be willing to consider a modification to the ordinance, if business owners wish to provide an indoor smoking area if employees and non smokers are not subject to the area. Wall encouraged Council to table Second Reading of the ordinance and include language to allow businesses to provide a smoking area that would not subject employees and non smokers to the area. Dunlop stated that Pitkin County's ordinance has language to that affect, and offered the language to the Town's Attorney. Manchester suggested outside enclosed areas for smokers. Council discussed various scenarios of this option with members of the public. Manchester explained that he is not opposed to providing an indoor smoking if employees and non smokers are not subject to the area. The Town Attorney provided his opinion regarding amendments to the ordinance. Mike Mercatoris stated his support of the ordinance and opposition to any smoking area, indoor or outdoor, stating statistics on air quality in order to provide adequate ventilation. Purvis suggested that Council vote on the ordinance as written, and agree to consider a proposal for modification to allow smoking areas if someone wishes to do so in the future. He explained that the applicant would be required to meet criteria for ventilation in such a way that no one outside the area would be subject to the smoke. Jack Hatfield encouraged Council to table action on the Ordinance until additional information on a provision for smoking areas can be identified. He also requested that Council be reasonable and take into consideration members of the public who wish to have a choice. Wall again requested that action of the Ordinance be tabled and stated a concern of the affect media reports of the Ordinance approval would have on the public and potential future guests. Manchester stated his approval of the publicity on an approved Ordinance. 02- 19 -02tc Page 5 Manchester provided options to Council which included approving the Ordinance, tabling the Ordinance or approving the Ordinance with the message that Council would be willing to entertain an amendment to the ordinance in the future if certain conditions and criteria are met. Jack Hatfield questioned the sensibility of approving the Ordinance with the intention of an amendment in the near future. Manchester stated yes. Mordkin made a motion to amend the Ordinance on Page 5, 1., Section 10 -81, last sentence, requesting that the language "...that smoking not occur in public places..." be amended to read "...that smoking not occur in enclosed public places..." Manchester requested an amendment on Page 5, 1., Section 10 -82, (2), requesting that the last sentence which reads "...by an employee of an establishment..." be replaced with language that states "...by an employee of the establishment..." Purvis seconded the motion. The motion to amend was approved by a vote of 3 in favor to 0 opposed. A roll -call vote was taken and the Ordinance was approved as amended, by a vote of 3 in favor to 0 opposed. Council Member Mercatoris abstained. Council Member Virtue was absent. Mayor Manchester closed the Public Hearing at 5:05 p.m. NOTE: Item Nos. 8 and 9 were discussed as one item. Item No. 8: FIRST READING ORDINANCE NO. 04, SERIES OF 2001 CONSIDERATION OF AN ORDINANCE CONCERNING AN AMENDMENT TO THE SILVERTREE HOTEL PLANNED UNIT DEVELOPMENT PLAN TO PERMIT CONSTRUCTION OF A 535 SQUARE FOOT EQUIPMENT STORAGE SHED AND Item No. 9: DISCUSSION A SPECIAL REVIEW APPLICATION BY SPRINT PCS TO ALLOW ANTENNA RECEPTION OR TRANSMISSION DEVICES TO BE PLACED ON THE ROOF OF THE SILVERTREE HOTEL Council Member Mercatoris returned to the Council table. Dean Stahman explained the contents of the Ordinance and requested that Council discuss this proposal as well the application submitted in Resolution No. 12, Series of 2001, which is an application for special review which to allow placement of an antenna on top of the SILVERTREE Hotel. Stahman distributed drawings of the proposed building and landscaping. He explained concerns regarding compliance with review standards and if the proposed uses are appropriate at the proposed location. Denise Griffin, representing Sprint PCS, explained the need to place six antennas on top of the Silvertree Hotel, outlined the landscaping plan, explained the revised plans for construction of the storage 02 -19 -01 tc Page 6 shed and placement of the antennas. Mordkin requested that approval be denied until the applicant paints the current antenna located at the Rodeo grounds as previously requested. Bob Johnson, representing the Interlude and Laurelwood Homeowners Associations, stated that the homeowners have not been notified of this application. Griffin explained that notices have been mailed notifying the neighborhood of a Public Hearing on this application scheduled to be held at the March 5, 2001 Regular Town Council Meeting. Manchester requested that the exterior appearance of the building be changed to have a more pleasant appearance. After further discussion, Purvis made a motion to approve Ordinance No. 04, Series of 2001, seconded by Mercatoris. Mordkin made a motion to table action on Ordinance No. 04, Series of 2001 in order for Council to visit the site. Mercatoris seconded the motion to table. The motion to table was approved by a vote of 4 in favor to 0 opposed. Council Member Virtue was absent. Item No. 10: FIRST READING ORDINANCE NO. 05, SERIES OF 2001 CONSIDERATION AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF CHAPTER 16A OF THE SNOWMASS VILLAGE MUNICIPAL CODE RELATING TO THIRTY PERCENT (30 SLOPES, RE- APPLICATION RESTRICTIONS, GARAGE DIMENSIONAL LIMITATIONS, ACCESSORY UNITS AND CERTAIN DEFINITIONS. Mercatoris made a motion to approve First Reading of Ordinance No. 05, Series of 2001. Mayor Manchester seconded the motion. The Planning Director explained the amendments. Council discussed the language and requested necessary changes to allowable floor area for garages, restrictions for re- application, the location of floor area calculations and construction on 30- percent slopes. Council directed the Planning Director to provide an Ordinance in the near future to address amendments to Section 16A -3 -230 Accessory Units. Manchester made a motion to amend the Ordinance to include changes to allowable square footage for a garage and to delete the remainder of the Ordinance related to Section 16A -3 -230. Mercatoris seconded the motion. The motion to amend was approved by a vote of 4 in favor to 0 opposed. First Reading of the Ordinance was approved as amended, by a vote of 4 in favor to 0 opposed. Council Member Virtue was absent. Item No. 10: RESOLUTION NO. 18, SERIES OF 2001 CONSIDERATION OF A RESOLUTION ESTABLISHING A NEW SCHEDULE FOR REGULAR MEETINGS OF THE TOWN COUNCIL 02 -19 -01 tc Page 7 Mercatoris made a motion to approve Resolution No. 18, Series of 2001, seconded by Mordkin. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Virtue was absent. Item No. 11: MANAGER'S REPORT SVRA Lease Extension The Town Manager explained that the deadline for Snowmass Village Resort Association (SVRA) to renew their lease on the Conference Center building has expired. Mercatoris disclosed that he is a member of the SVRA Board of Governors. He explained the history of the Conference Center, stating that the land was owned by SRA and the Town guaranteed sales tax revenue funds to pay for construction of the building. SVRA then entered into an agreement to lease the building from the Town. The Town Attorney recommended that the Town negotiate a lease that would be a management agreement for an existing facility, and which would include standards to be met by both parties. After further discussion, Council requested that staff invite the President of SVRA to a Council Work Session to discuss this issue. Madeleine Osberger of the Snowmass Sun requested that the SVRA Audit Report be released to the public. Citizen Feedback Hotline Manchester explained that the purpose of the Citizen Feedback telephone line is for the public to call and leave voice -mail for Council Members on Town related matters. The messages are then forwarded to Council Member's voice -mail boxes. Tour Summary The Town Manager reported that he has received written notes from the Mayor on the recent Council tour to Whistler and Park City resorts. He requested information from other Council Members and explained that all information will be compiled into a summary report. Mercatoris requested a copy of the summary when completed. Council will provide a presentation of information obtained on the tour at a Council Meeting in the near future. Media Lunch Sessions Council agreed to suspend lunch discussions with the media at the request of Osberger. The sessions will resume at an appropriate time in the future. City Manager's Conference The Town Manager informed Council that he will attend the Colorado City Manager's Association Conference in Glenwood Springs on February 22 and 23, 2001, and will not be among the Telluride tour group. 02 -19 -01 tc Page 8 NOTE: The following items was omitted from the Agenda for this Meeting Item No. 11a: PUBLIC HEARING ORDINANCE NO. 07, SERIES OF 2001 Item No. 12: DISCUSSION ELECTION ISSUES TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING THE MINOR AMENDMENT TO THE PROVISIONS OF WOODRUN PLACE PUD, UNIT 51, TO CREATE ADDITIONAL CALCULABLE FLOOR AREA BY ENCLOSING TWO EXTERIOR AND STACKED DECKS, IN ADDITION TO INTERIOR FLOOR PLAN MODIFICATIONS, THAT IS A COMMON ELEMENT OF THE WOODRUN PLACE HOMEOWNERS ASSOCIATION (The applicant has requested that this public hearing be opened and continued until March 5, 2001) Mayor Manchester opened the Public Hearing at 7:05 p.m. There being no comments from the public, the Public Hearing was continued to the March 5, 2001 Regular Town Council Meeting at 4:00 p.m. New Council Meeting Format Council discussed the new Council Meeting schedule as approved in Resolution No. 18, Series of 2001. Council Meetings will begin at 2:00 p.m. with roll call followed by discussion items, public non agenda items, consent agenda and the regular agenda. Items that previously would have been included in Council Work Sessions will be scheduled as discussion items during the Regular Meetings. Council agreed that discussion items would be summarized by the Town Clerk. The Town Clerk explained that at the December 18, 2000 Meeting, Council requested a comparison of deadlines and requirements required by the Uniform Election Code and the Municipal Election Code for discussion of issues related to Town elections. To address earlier concerns expressed by Council regarding deadlines required by the Municipal Election Code, the Town Clerk explained Council's choices of coordinating future elections with Pitkin County under the Uniform Election Code or amending the Municipal Code and Town Charter in order to address Council's needs. After further discussion, Council agreed with the Town Clerk's recommendation to coordinate future elections with Pitkin County on a trial basis. Town Special Elections would still need to be conducted by the Town. 02 -19 -01 tc Page 9 In response to an inquiry made by the Mayor, the Town Clerk stated that at this time the Pitkin County Clerk has expressed her desire to continue using the punch -card ballot system until the touch screen voting equipment is perfected. She also reported that three members of the public with election experience have been selected to review information and make recommendations for the purchase of new election equipment for the Town. Council directed staff to contact the Pitkin County Clerk to determine if Snowmass Village could provide a polling place for absentee /early voting in a coordinated election. Item No. 13: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS/ STATUS REPORT Reudi Water Power Board Mordkin reported that he will meet with Mark Fuller to receive an update on the Reudi Water and Power Board. The Town Attorney will also meet with Mordkin to provide information related to the Board. Bus Stop Heaters Mordkin explained that installation of heaters at the Mall Transit Plaza on Elbert Lane would cost approximate $3,000 $4,000, according to a report from staff. Council requested that this item be further discussed during the 2001 -2002 Town Budget Meetings. Mordkin requested that staff further investigate gas and electric heaters and provide additional information to Council. Code of Ethics Mordkin requested the status of an ordinance to amend the Code of Ethics. The Town Attorney reported that an ordinance would be provided for Council consideration at the March 5, 2001 Regular Meeting. Mercatoris Leave of Absence Mercatoris provided information regarding his request for a medical leave of absence. He explained that necessary treatments may prevent his attendance at some Council Meetings. Mayor Manchester reported that he plans to keep Mercatoris apprised of Council Meetings whenever Mercatoris is unable to attend. Telluride Resort Tour Council reported that they would be traveling to Telluride by air for a tour of the resort area on Thursday, February 22, 2001. Status of the Resort Purvis reported that Snowmass Village year -to -date skier visits are up 14- percent 02 -19 -01 tc Page 10 above the 1999 -2000 season. The current month is up approximately 4- percent. December sales tax revenues are up by 2- percent from the prior year. Operating Indicators Manchester requested more frequent reports on vehicle trips, number of cars parked in the Rodeo Lot and at Two Creeks Parking Lot, traffic numbers reported by the traffic counter, traffic on Brush Creek Road and staff expectations of an increase in those numbers due to incoming groups on certain days in order for Council to gain a sense of what the numbers mean in reality. Council also requested that staff video traffic during peak skier visit days. Purvis explained that daily operating indicators would provide Council with a more real sense and feel for the numbers. Mercatoris requested that staff determine the number of bedrooms included in the Town's employee housing rentals. Suiter stated that staff would provide Council with a correlation of real -time data. Purvis will meet with Suiter to determine operating indicators that would be most useful and an inventory of the number of bedrooms in the Town's employee housing stock. Data requested by Council will be made available within a week. Item No. 14: CALENDARS Allard Town Meeting Manchester reported that Senator Allard would hold his annual Town Meeting at the Aspen City Council Chambers on March 3, 2001 at 3:30 p.m. Council E -Mail Mayor Manchester requested that Council reply to all e -mail messages received from the Deputy Town Clerk. Council Resort Tour Council set a tentative date of March 8 and 9, 2001 to tour the resort areas of Vail, Beaver Creek, Copper Mountain and Breckenridge. 02 -19 -01 tc Page 11 Item No. 15: EXECUTIVE SESSION PRIVILEGED ATTORNEY /CLIENT DISCUSSIONS DROSTE VS 7 STAR Colorado revised Statues 24 -6 -4 -2 (3) (a) Snowmass Village Municipal Code Chapter 2, Article III, Section 2 -45 (b) (3), Executive Sessions. 02 -19 -01 tc Page 11 TOWN MANAGER SEMI ANNUAL PERFORMANCE REVIEW Colorado revised Statues 24 -6 -4 -2 (3) (a) Snowmass Village Municipal Code Chapter 2, Article III, Section 2 -45 (b) (7) Executive Sessions. Mercatoris made a motion to convene to Executive Session for privileged attorney /client discussions regarding the Droste /Seven Star Ranch litigation issues and to conduct the Town Manager's semi annual performance review. Mordkin seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Virtue was absent. At 8:55 p.m. Purvis made a motion to reconvene the Regular Meeting, seconded by Mercatoris. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Virtue was absent. Item No. 16: ADJOURNMENT There being no further business, Mercatoris made a motion to adjourn the Meeting, seconded by Purvis. The motion was approved by a vote of 4 in favor to 0 opposed. The Meeting adjourned at 8:56 p.m. Council Member Virtue was absent. Submitted By, Trudi Worline, Town Clerk