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03-05-01 Town Council MinutesSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES 03 -05 -01 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Town Council on Monday, March 5, 2001 at 2:02 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Richard Virtue, Arnold Mordkin, Robert Purvis COUNCIL MEMBERS ABSENT: Council Member Mercatoris was on approved leave of absence. STAFF PRESENT: Gary Suiter, Town Manager; Hunt Walker, Public Works Director; Carey Shanks, Assistant to the Town Manager; Chris Conrad, Planning Director; Steve Connor, Town Attorney; Joe Coffey, Housing Manager; Rhonda B. Coxon, Deputy Town Clerk PUBLIC PRESENT: Barbara Lucks, Madeleine Osberger, Paul Broom, Scott Smith, John Dresser, Gideon Kaufman and other member of the public interested in today's Agenda items. Item No. 2: EXECUTIVE SESSION TOWN MANAGER SEMI ANNUAL PERFORMANCE REVIEW At 2:04 p.m. Purvis made a motion to convene to Executive Session for the purposes of conducting a personnel review for the Town Manager. Virtue seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. At 3:32 p.m. Virtue made a motion to reconvene to the Regular Meeting of March 5, 2001, seconded by Mayor T. Michael Manchester. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. Item No. 3: DISCUSSION WOODRUN V DUMPSTER DISCUSSION 03 -05 -01 tc Page 2 At the last Town Council Meeting Council directed staff and Gary Ross to provide options for the Woodrun V Dumpster relocation. Ross presented two site plans for the proposed Dumpster location. Hunt Walker provided three additional options. Ross informed Council that both scenarios would require acquiring 2,700 additional square feet of property and were identified as options A and B and 1 and 2 of the five options available. The main difference between the two scenarios is that drop off locations are in the front of the building on one scenario and in the back of the building on the other scenario. Hunt Walker provided an overview of the other three options available and reported that funding was not included in the 2001 budget for this construction. He explained another option would be to rebuild the shed within the existing site at an approximate cost of $100,000, or to take no action, and allow the Wood Run single family homeowners to resolve the issue. He recommended bear proofing the current dumpster shed in 2001 and budget $100,000 in 2002 for construction of a new structure. Council directed staff to provide information outlining the feasibility and costs of curbside pick -up for discussion at the March 19, 2001 Council Meeting. Barbara Lucks, representing the Woodrun V Townhomes, read a letter from Dr. John Michelman President of the Woodrun V Homeowners Association. The letter was in response to a memo from Hunt Walker included in the information packet for this Meeting. Item No. 4: DISCUSSION INTERVIEW APPLICANTS FOR ARTS ADVISORY BOARD Suiter explained that all Town Board and Commission vacancies are advertised to obtain applications. He reported that both applicants for the Arts Advisory Board were unable to attend this meeting. Suiter informed Council that Megan Bly Humphrey has been a member of the Arts Advisory Board in the past and Karen Andrews is a new resident of Snowmass Village. Council determined that this Resolution would be considered later on the agenda. Item No. 5: PUBLIC NON AGENDA ITEMS Chris Conrad informed Council that he has received a pre- sketch application from Krabloonik, concerning a three -way land swap with the Divide Homeowners and the Town of Snowmass Village. Conrad requested Council approval for the applicant to proceed with the Pre Sketch review. Purvis made a motion to allow the Pre Sketch discussion to come before Council, seconded by Mordkin. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. 03 -05 -01 tc Page 3 CONSENT AGENDA Item No. 7: APPROVAL OF MEETING MINUTES FOR 01- 15 -01, 02 -12 -01 AND 02- 19 -01, AND WORK SESSION SUMMARIES FOR 02 -05- 01, 02 -12 -01 AND 02 -19 -01 Mordkin requested that Item No. 6 and the Meeting Minutes for 01 -15 -01 be removed from the Consent Agenda for discussion purposes. Mordkin made a motion to approve the items on the Consent Agenda. Purvis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. Mordkin made a motion to approve the Minutes of 01 -15 -01 as amended, seconded by Purvis. The amendment consisted of adding "Mercatoris recused himself for the Public Non Agenda Item Discussion The motion to approve the Minutes as amended, was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. Item No. 6: RESOLUTION NO. 17, SERIES OF 2001 CONSIDERATION OF A RESOLUTION AUTHORIZING THE ENTRANCE INTO A FIRST AMENDMENT TO A GROUND LEASE WITH THE TIMBERLINE CONDOMINIUM ASSOCIATION, INC. Virtue made a motion to approve Resolution No. 17, Series of 2001, seconded by Manchester. Mordkin requested a summary of background information regarding the lease before Council makes a decision. Council Member Mordkin will meet with the Town Manager and Town Attorney prior to the next Meeting for further discussion. Mordkin made a motion to table the Resolution to the March 2, 2001 Regular Town Council Meeting, seconded by Purvis. The motion to table was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. REGULAR AGENDA Item No. 8: PUBLIC HEARING AND FIRST READING ORDINANCE NO. 03, SERIES OF 2001 TO RECEIVE PUBLIC COMMENT AND FIRST READING CONSIDERATION ON AN ORDINANCE GRANTING THE SNOWMASS VILLAGE HOUSING DEPARTMENT CONDITIONAL AUTHORIZATION TO COMMENCE CERTAIN CONSTRUCTION ACTIVITIES WITHIN PARCEL N, FARAWAY RANCH GROSS PARCEL PLAT 03 -05 -01 Page 4 Mayor Manchester opened the Public Hearing at 4:32 p.m. Conrad explained that Preliminary PUD approval has been granted to the Parcel "N" project and the Land Use Code states that permits are not to be issued until after Final PUD approval. He further explained that due to the unique circumstances and conditions of the Snowmass Club PUD and The Timbers PUD, both were granted approval to commence construction prior to Final Approval. The applicants for the Parcel "N" project are requesting authorization to commence certain construction activities also. Conrad read two Conditions that he wished to add to the Ordinance addressing monitoring the meter readings throughout the project for up to one year after completion of construction. Bernadette Bathelenghi, Landscape Architect, stated concerns regarding some of the recommendations made by Schmueser, Gordon, Meyer. She requested an Erosion Control Plan and recommended that the applicant be required to measure the amount of water being collected. She explained that depending on the volume of water, dirt and flooding could occur on Brush Creek Road. Conrad suggested that staff meet with Schmueser, Gordon, Meyer to discuss this issue before Second Reading. Conrad reported that changes have been submitted by the applicant which need to be reviewed by John Meckling of CTL Thompson. John Dresser inquired about the standards applied by Council when determining if an applicant can begin construction before Final PUD approval. There being no further public comment, Mayor Manchester closed the Public Hearing at 5:05 p.m Mordkin made a motion to approve Ordinance No. 03, Series of 2001, seconded by Virtue. There being no further discussion, the Ordinance was approved by a vote of 3 in favor to 1 opposed. Council Members Virtue, Purvis and Mordkin voted in favor. Mayor Manchester opposed. Council Member Mercatoris was on approved leave of absence. Item No. 9: PUBLIC HEARING ORDINANCE NO. 07, SERIES OF 2001 TO RECEIVE PUBLIC COMMENT ON 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 (Public Hearing Continued from 02- 19 -01) (Continue to 04- 02 -01) Mayor Manchester stated that this Public Hearing has been continued from the February 19, 2001 Regular Town Council Meeting. He requested public 03 -05 -01 tc Page 5 comment. There being no comment from the public, the Public Hearing was closed at 5:07 p.m. Item No. 11: FIRST READING ORDINANCE NO. 10, SERIES OF 2001 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF CHAPTER 16A OF THE SNOWMASS VILLAGE MUNICIPAL CODE RELATING TO ACCESSORY CARETAKER UNITS, ACCESSORY EMPLOYEE UNITS AND CERTAIN DEFINITIONS Chris Conrad explained that restating certain provisions of Chapter 16A of the Snowmass Village Municipal Code relating to Accessory Caretaker Units was originally part of Ordinance No. 05, Series of 2001. At the time Ordinance No. 5 was reviewed, Council requested that Accessory Caretaker Units (ACU) changes be separated into another Ordinance. The ACU language was removed and is not included in Ordinance No. 10, Series of 2001. Council expressed concern that the current language was unclear. Council requested changes to the language. The goal is for AEU's to have up to 750 square feet of free space subject to Conditions, without exceeding 10% of the allowable building area. If the 10% allowable building area is exceeded, the applicant must go through the Special Review process. Council directed the Planning Director to make the Special Review criteria language clear and concise. The Planning Director stated that Second Reading and a Public Hearing on this Ordinance is scheduled for the March 19, 2001 Regular Town Council Meeting. Council requested that First Reading of this Ordinance be tabled to the March 12, 2001 Council Meeting to enable staff time to make appropriate language changes. After further discussion, Council Member Virtue made a motion to table First Reading of the Ordinance to the March 12, 2001 Regular Town Council Meeting, seconded by Mayor Manchester. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. NOTE: The following item was not included on the Agenda for this Meeting. OWNERS DISCUSSION REGARDING PARCEL "N" Council, owners of Parcel "N requested financing scenarios from the contractor, architect and Owner's Representative. Council also requested a comparison of costs for beginning construction in April of 2001 versus beginning construction in the Fall of 2001. The contractor stated that he could not estimate costs for Fall 03 -05 -01 tc Page 6 due to all the variables that could be involved with Winter construction. Council announced that a Meeting has been scheduled for Tuesday, March 13, 2001 at 5:30 p.m. for all perspective buyers of Parcel "N" Employee Housing units. The Meeting will be held in the Town Council Chambers. Information gathered at this Meeting will reveal the number of potential buyers and assist Council with determining when the construction of this project should begin. Second Reading of Ordinance No. 03, Series of 2001 is scheduled for the March 19, 2001 Regular Town Council Meeting. Item No. 10: FIRST READING ORDINANCE NO. 09, SERIES OF 2001 CONSIDERATION OF AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF THE CODE OF ETHICS AS SET FORTH IN CHAPTER 2 ARTICLE V OF THE MUNICIPAL CODE Mordkin made a motion to approve First Reading of Ordinance No. 09, Series of 2001, seconded by Purvis. Mordkin confirmed that the language in Subsection B., 2 -97, Alternate 2 and Subsection C., Alternate 2, was correct. After further discussion, the motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. Item No. 12: RESOLUTION NO. 20, SERIES OF 2001 CONSIDERATION OF A RESOLUTION APPOINTING A MEMBER TO THE SNOWMASS VILLAGE ARTS ADVISORY BOARD Mordkin made a motion to approve Resolution No. 20, Series of 2001, seconded by Purvis. There being no discussion, the Resolution was approved by a vote of 4 in favor to 0 opposed. Council Member was on approved leave of absence. Item No. 13: MANAGER'S REPORT Water Rights Suiter noted this water right involves a Right of Reversion from the Snowmass Water and Sanitation District to the Town of Snowmass Village. The subject water right is 6.7 cubic feet. For the purpose of protecting Snowmass Creek, Suiter asked that Council direct staff to send a letter to the Snowmass Water and Sanitation District requesting to waive the Right of Reversion of this water right. Town Council directed staff to write the letter. Resort Tours The Town Manager will draft a tentative agenda for the upcoming Colorado Resort Tour. Departure is scheduled for the morning of March 21, 2001. Council 03 -05 -01 tc Page 7 will tour the resort areas of Beaver Creek, Copper Mountain and Breckenridge, returning on March 22, 2001. Village Leadership Forum Tentative dates were set for upcoming Village Leadership Forum (VLF) Meetings. Possible dates were set for March 14, 2001 from 1:30 p.m. to 3:30 p.m., or March 15, 2001 from 3:00 p.m. to 5:00 p.m. Item No. 14: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS/ STATUS REPORT Visitor Day Skier Number Purvis reported that year -to -date visitor day -skier numbers were up 7.5- percent. February number were down slightly. Sales Tax Revenues for November and December of 2000 were up slightly. Snowmass Village Resort Association (SVRA) Breakfast Meeting A breakfast meeting has been scheduled by the SVRA at the Conference Center on Wednesday, March 7, 2001, at 8:00 a.m. The Town Manager and Council Member Mordkin will attend. Brush Creek Trail Mayor Manchester reported that he spoke with Dale Will of the Pirkin County Open Space and Trails Board regarding the proposed Brush Creek Trail. Easements need to be obtained from landowners on each end of the planned trail, although construction could proceed on the remaining trail. Colorado Association of Ski Towns (CAST) Meeting Mayor Manchester stated that he would attend the CAST Legislative Meeting in Denver on March 22, 2001. He explained that this is an open meeting and invited Council Members to attend. Aspen Institute Community Forum Mayor Manchester reported that he attended the Aspen Institute Community Forum the week prior to this Meeting. He stated that Silvia Davis, Pitkin County Clerk, was present at the meeting and discussed voting equipment. Davis will create a Task Force to review election issues and investigate alternative election equipment. Mayor Manchester requested that Trudi Worline, Town Clerk contact Silva Davis and volunteer to serve on the Task Force. 03 -05 -01 tc Page 8 Parking at Trailhead Across from the Pines Mayor Manchester reported that he forwarded an e -mail letter to Council, from a homeowner at The Pines. The letter addressed the number of cars that are parking on the side of the road in this subdivision, to access the trailhead on Owl Creek. After further discussion, Council directed staff to identify the area of least impact for parking near the trailhead, and provide the information to Council in the near future for further discussion. Item No. 15: CALENDARS This Item was included in Item No. 14 on the Agenda for this Meeting. Item No. 16: ADJOURNMENT There being no further business, Purvis made a motion to adjourn the Meeting. Virtue seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. The Meeting adjourned at 7:16 p.m. Submitted By: honda B. Coxon, Deputy Town Clerk