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03-12-01 Town Council MinutesMayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, March 12, 2001 at 12:03 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: STAFF PRESENT: PUBLIC PRESENT: SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES 03 -12 -01 Mayor T. Michael Manchester, Richard Virtue, Robert Purvis, and Arnold Mordkin COUNCIL MEMBERS ABSENT: Douglas Mercatoris was on approved leave of absence. PLANNING COMMISSION MEMBERS George Huggins, Bob Fridstein, PRESENT: Doug Faurer and Bill Boineau Item No. 2: EXECUTIVE SESSION 12:00 P.M. 2:30 P.M. PRIVILEGED ATTORNEY /CLIENT DISCUSSION Carey Shanks, Assistant to the Town Manager; Hunt Walker, Public Works Director; Chris Conrad, Planning Director; Jim Wahlstrom, Senior Planner; Gary Suiter, Town Manager; Art Smythe, Chief of Police; Steve Connor, Town Attorney; Donna J. Garcia, Secretary /Records Clerk; Trudi Worline, Town Clerk Dave Myler, Madeleine Osberger, Ken Roberts, Gideon Kaufman, Brent Gardner Smith, Leah Moriarty, Amanda Boxtell, Jim Baker, Dan MacEachen, Deidre Boineau, Houston Cowan, Jack Hatfield, and other members of the Public interested in the Agenda for this Meeting. At 12:04 p.m. Virtue made a motion to convene to Executive Session for privileged Attorney /Client discussions. Mordkin seconded the motion. The 03 -12 -01 Page 2 of 10 motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. At 2:43 p.m. Virtue made a motion to reconvene the Regular Meeting. Mordkin 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. DISCUSSION AGENDA Item No. 3: 2:30 P.M. JOINT PLANNING COMMISSION /TOWN COUNCIL MEETING KRABLOONIK /DIVIDE PRE SKETCH PLAN Virtue recused himself from discussion on this item, stating that he is a Divide homeowner living near the Krabloonik Restaurant/Dog Sledding Kennel operation and is a Divide Homeowner. Wahlstrom summarized the Pre Sketch Plan proposing land exchanges involving Krabloonik, the Divide, and the Town. He addressed necessary zoning changes to permit single family housing in the current parking lot area, visual impacts, tree mitigation on the northern portion of the reconfigured lot, and conversion of the asphalt portion off of the lot to the east. Wahlstrom further commented on the proposed open space easement located on the Krabloonik site, suggesting that assurances be provided in the application that Krabloonik will continue to operate, changes in development standards will be similar to those in the Divide (Parcel A) for a potential house site and views of the house from Snowmass Creek would be maintained. Ken Roberts, representing the Divide Homeowners Association, commented that the Board of Directors has voted unanimously to support the proposal. Roberts reported that the Ziegler family, an adjoining neighbor, enthusiastically supports the development proposal. Dave Myler, Counsel representing Krabloonik, provided a brief history of the restaurant and background of Dan MacEachen, who began the dog kennel business 27 years ago. Myler commented that there are a number of conditions crucial to the ultimate success of the business, which would be included in an application for minor PUD amendments. These conditions include a commitment by MacEachen to continue operations for the future with potential expansion within the existing development parameters applicable to Lot 45, including a minor lot line adjustment; modification of the current development parameters applicable to Lot 45 to allow a single family residence to be developed on that lot if the restaurant and kennel uses are discontinued; coordination with the Aspen Skiing Company for improvement and maintenance of Divide Road and the establishment of easements to facilitate access to the ski slopes for day skiers and dogsleds. He provided a slide presentation of the area for discussion and proposed a swap of Lot 42 for a new Lot 51 and reconfiguration of Lot 42 to allow 03 -12 -01 Page 3 of 10 a single family home site whereby the Divide would swap the home site for an easement area, which would allow the dogsled /kennel operation. Gideon Kaufman, a local attorney representing clients in the Snowmass Valley area, expressed his client's concern regarding parking lot lighting, disruption of the evergreen landscaping on the road leading to Aspen Skiing Company's maintenance facility and stated that the building site situation potentially could allow for a second home in the future. Houston Cowan and Amanda Boxtell, representing Challenge Aspen, stated their support that the area would be more accessible to the physically challenged. The Public Works Director requested that Council consider use of the Town -owned parking lot for open space, a park, or a site for the community pool. Boineau suggested that a ski trail leading to the Krabloonik restaurant be provided due to a decrease in the lunch trade. Lynn Mace, a local resident, stated that she has a vested interest with Krabloonik and considers it a vital part of Snowmass Village. Council expressed their desire for the restaurant to remain in operation and for the Town, Divide and Krabloonik to continue working together on this issue. Council stated their concerns regarding timing of the development for a single family home site, the reduction of open space, economic value of Parcel 42 versus the Town's Parcel 51, parking requirements, possible improvements to the Aspen Skiing Company Maintenance Facility road access and rezoning for the home site. Council requested an appraisal on the two lots, commented on the importance of land valuation, requested further discussion concerning restrictions on Lot 51 as well as ASC plans to develop the Maintenance Facility and improve the access road in the future. Planning Commission Members provided comments regarding increasing the size of the parking lot to allow for future growth, the use of Lot 51 as a future employee housing site, zoning change request, inclusion of a ski trail, appropriate timing for development of a single family home, the value of Lot 51 and skier access. Council stated their desire for the applicant to proceed to the Sketch Plan submission process and requested that the applicant address Council's concerns in the Sketch Plan application process. Item No. 4: PUBLIC NON AGENDA ITEMS Second Annual Cultural Forum Jim Baker, Chairperson representing the Anderson Ranch Arts Center and the Arts Advisory Board, informed Council of the Second Annual Cultural Forum. He stressed the importance of Council attendance at the event. Council reviewed their calendars and a date of April 4, 2001 at 3:00 p.m. was chosen for the annual event. The purpose of the Forum will be to determine a means to strengthen the economic viability and cultural health of the community. 03 -12 -01 Page 4 of 10 Town Financial Budget The Finance Director presented an update on the Town financial budget for 2001. Rakowski stated that the present revenues are below budgeted by approximately $400,000 and expenditures are below that which were budgeted by approximately $200,000, which reflects a reduction in the Funds Available account. The Funds Available Account, originally budgeted for approximately $200,000, has been reduced to approximately $95,000 and Sales Tax Revenues for January of 2001 are low. She further explained the budget scenario as outlined in information included in the information packet for this Meeting. Mordkin requested that staff provide Council with Sales Tax Revenues as they are received by the Finance Department. Council requested that staff review and refine the revenue numbers. A budget revision will be presented to the Town Council in April. CONSENT AGENDA Item No. 5: RESOLUTION NO. 13, SERIES OF 2001 CONSIDERATION OF A RESOLUTION EXPRESSING APPRECIATION TO PAUL FEE FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE FINANCIAL ADVISORY BOARD Mayor Manchester read the Resolution in full expressing appreciation to Paul Fee for his service on the Financial Advisory Board. Fee was unable to attend this Meeting. Manchester stated that a framed copy of the Resolution would be presented to Fee at a later date. Item No. 6: RESOLUTION NO. 14, SERIES OF 2001 CONSIDERATION OF A RESOLUTION EXPRESSING APPRECIATION TO ROBERT BECK FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE FINANCIAL ADVISORY BOARD Mayor Manchester read Resolution No. 14, Series of 2001 in full expressing appreciation to Robert Beck. Beck was unable to attend this Meeting. Manchester stated that a framed copy of the Resolution would be mailed to Beck. Item No. 7: RESOLUTION NO. 15, SERIES OF 2001 CONSIDERATION OF A RESOLUTION EXPRESSING APPRECIATION TO TED GRENDA FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE FINANCIAL ADVISORY BOARD Mayor Manchester read Resolution No. 15, Series of 2001 in its entirety, expressing appreciation to Ted Grenda for his service as a member of the 03 -12 -01 Page 5 of 10 Snowmass Village Financial Advisory Board. Mayor Manchester presented Grenda with a framed copy of the Resolution. Purvis made a motion to approve all items included on the Consent Agenda, seconded by Virtue. The motion 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: 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. (Tabled from March 5, 2001 Meeting) Virtue made a motion to approve Resolution No. 17, Series of 2001, seconded by Mayor Manchester. Purvis clarified that the land is leased from the Town by the Timberline and the Timberline sub leases an area to AT &T. The Assistant to the Town Manager explained that per Council direction, this Resolution amends the lease to comply with existing improvements previously approved by the Town and to require a payment of $20,000 from AT &T to the Town for the use of the cellular site. The $20,000 will be used for the creation of a Wireless Communication Master Plan. The Timberline pays the Town $7,500 per year for the land lease. The amount of the sub -lease payment from AT &T to the Timberline is unknown. Council requested that the Resolution be amended to include a Condition which states that this Resolution will go into effect upon the Town's receipt of the $20,000 from AT &T. The Town Attorney explained specific elements in the language of the lease and recommended Town Council approval. After further discussion, Purvis made a motion to amend the Resolution, seconded by Virtue. The motion to amend was approved by a vote of 4 in favor to 0 opposed. There being no further discussion, the motion to approve the Resolution as amended was approved by a vote of 3 in favor to 1 opposed. Mayor Manchester and Council Members Virtue and Purvis voted in favor. Council Member Mordkin opposed. Council Member Mercatoris was on approved leave of absence. Item No. 9: 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 EMPLOYEE UNITS, AND CERTAIN DEFINITIONS (Tabled from March 5, 2001 Meeting) 03 -12 -01 Page 6 of 10 The Planning Director explained that this item was tabled at the March 5, 2001 Council Meeting to allow staff time to simplify language pertaining to pre- existing dwelling units and make additional changes as requested by Council. He outlined the contents of Ordinance No. 10, Series of 2001 and requested Council consideration and direction. Council discussed the Ordinance language and requested changes including that if a pre- existing dwelling application requests additional floor area in excess of ten percent of the original platted area, a Special Review would be required. Council also discussed the amount of allowable and excess square footage, qualification for occupancy, registration renewal, inspections, penalties, criteria for Special Review, existing special circumstances, mitigation fees and failure to register. After further discussion, Purvis made a motion to amend First Reading of the Ordinance per Council's requests, seconded by Virtue. The motion to amend was approved by a vote of 4 in favor to 0 opposed. There being no further discussion, First Reading of the Ordinance was approved as amended, 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 today's Agenda. Item No. 9a: FIRST READING ORDINANCE NO. 09, SERIES OF 2001 AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF THE CODE OF ETHICS AS SET FORTH IN CHAPTER 2 ARTICLE V OF THE MUNICIPAL CODE. The Town Attorney distributed copies of Ordinance No. 09, Series of 2001. Virtue made a motion to approve Ordinance No. 09, Series of 2001, seconded by Mordkin. Council requested that sub paragraph b. Section 2 -97 under Item No. 1. Code of Ethics Amendments, be divided into two paragraphs. After further discussion, Mordkin made a motion to include the amendment in the Ordinance, seconded by Virtue. The motion to amend was approved by a vote of 4 in favor to 0 opposed. A roll -call vote was taken and Second Reading of the Ordinance was approved as amended, by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. Item No. 10: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS AND Item No. 11: CALENDARS Meeting Times In response to a statement made by Mordkin, Mayor Manchester stated that today's Meeting start time was a unique situation and normal circumstances would allow Council Meetings to begin at 2:00 p.m. 03 -12 -01 Page 7 of 10 Employee Housing Guidelines Mordkin requested that the Employee Housing Guidelines be addressed by staff and Council before sales of Parcel "N" Employee Housing units begin. CML Flyer Manchester commented that he received a flyer from CML indicating that the Denver /Boulder CPI has increased 4- percent. The indicator is the Constitutional method used for calculations. Design Committee Letter Manchester stated that Council received a letter from the Design Committee regarding height limits in residential construction areas and explained that the recommended procedure would be for the Planning Commission to review and provide recommendations to Council. In response to a question from Manchester, Council agreed to make the request of the Planning Commission and stated their approval for the Mayor to participate in the Planning Commission discussions on this topic. A letter will be mailed to all architects who conduct business in Snowmass Village requesting their comments and concerns to be included in the Planning Commission's discussions. The Town Attorney will mail a letter to all Town Officials, informing them of the Code of Ethics regarding conflict of interest issues. Land Use Code Issues Purvis requested that Council expedite completion of amendments to the Land Use Code regarding AEU and ACU issues in order that the amendments can be codified and become a part of the Municipal Code. Municipal Code Book Updates The Town Clerk informed Council that the most recent update (Supplement 6) to the Municipal Code is now available and copies can be obtained at the Town Clerk's Department. She explained that several Ordinances amending the Municipal Code were approved by Council since the update was ordered, and those Ordinances are not included in Supplement 6. Supplement 7 will be ordered within the upcoming week. Mordkin requested a two -week turn around for authors of Ordinances to make any necessary changes for finalization of the document. Off Premises Sandwich Board Signs The Community Development Director recently sent a letter of explanation to the real estate community regarding off premises signs. Manchester directed staff to mail a follow -up letter to the real estate community advising them of the sign regulations. "Open House" will be allowed but must be removed at the end of the day. 03 -12 -01 Page 8 of 10 Rural Transportation Authority (RTA) Meeting /Transportation Issues Manchester informed Council that the RTA has employed Dan Blankenship for 18 additional months during the transition into his new position from the Roaring Fork Transportation Authority (RFTA) to the RTA. The Board approved a 3- percent cost -of- living wage increase. Alice Hubbard will remain Head of the Transition Team. Manchester explained that Blankenship is Executive Director of the RTA and Manager of RFTA. Both are currently functioning simultaneously and more employees will be hired to assist him. The RTA agreed to extend a two -year contract with Pete Sloan, the Ambassador \Lobbyist in Washington, contracted to obtain funding for the Transportation Development Plan (TDP). Manchester explained the procedure for preliminary approval of the Intergovernmental Agreement (IGA) to merge the Roaring Fork Railroad Holding Authority (RFRHA) into the RTA. The IGA will be reviewed by the Aspen Valley Land Trust and "Go Colorado" (GOCO) for their consent. The document will then be presented to Council for final adoption. The IGA will be a merger of the three Roaring Fork Valley Transportation entities into a single entity of the RTA, which will also be called the Roaring Fork Transportation Authority. The RTA received an update from Ralph Trapani of the Colorado Department of Transportation (CDOT) on the Corridor Investment Study (CIS) and Draft Environmental Impact Statement (EIS). The RTA also appointed a sub- committee of the Board to work with Hubbard to develop current and future plans. Manchester reported that Washington Infrastructure, the parent company of MK Centennial, which was the primary subcontractor in the CIS process, has filed for bankruptcy. The Board is committed to moving forward with the CIS and reach Draft Environmental Impact Study (DEIS) status. The document will then be printed and distributed to the public for comment. Efforts are underway for design and construction in of the new maintenance facility in Glenwood Springs for December 2001. Options for the Carbondale facility include either selling it, considering a joint venture, or using it for Employee Housing. The RFTA Board of Directors recently held a meeting whereby George Hart, Chairman of the Board, resigned in order to create continuity. Manchester was appointed as the Chairman of the new RFTA Board. Ridership Manchester reported that RFTA ridership for the Aspen Valley /Snowmass Valley is up 6.3- percent for 2001 over the year 2000; Snowmass /Brush Creek/Highway 82 /Snowmass route of RFTA is flat; the Aspen /Snowmass /Aspen route is up 4- percent; the skier shuttle year -to -date is down 3.9- percent; and overall RFTA Ridership is up 1.1- percent. 03 -12 -01 Page 9 of 10 The Siemens Corporation A Meeting with the Siemens Corporation, a light rail provider, is tentatively scheduled for March 29, 2001. Demolition of Walsh /Divide House In response to an inquiry made by Virtue, the Town Manager explained that the Building Official, Community Development Director and Town Attorney met last week with a plan to direct the issue to Municipal Court to obtain a Court Order for demolition. A letter drafted by the Town Attorney and mailed to the owner received a negative response. The Town Attorney explained that under the Uniform Building Code, the burned structure is considered a hazardous building. He explained that notice was issued to the owner at the end of October, 2000, ordering to abate the nuisance. An extension of time has been issued until the end of December 2000. Thompson mailed a letter requesting the owner's presence to show cause or face enforcement. Connor further explained legal action required if the owners do not respond. The Municipal Court Judge would issue a mandatory injunction. If the house is not removed according to the injunction, the owner would be cited for contempt of Court, which holds a maximum penalty of $1,000 per day while one is in jail. At that point the Town would remove the house at the owner's expense. EOTC Meeting The Town Manager reported an Agenda item regarding the "New IGA Discussion" is scheduled for 6:45 p.m. at an Elected Officials Transportation Committee (EOTC) Meeting to be held on March 13, 2001. The New IGA will restructure the agreements as they relate to the RFTA Valley -Wide one -cent Tax. He requested that the item not be voted on at the March l3 Meeting, to allow further review and discussion of the issue. NOTE: The following item was not included on the Agenda for this Meeting. Item No.11 a: EXECUTIVE SESSION PRIVILEGED ATTORNEY /CLIENT DISCUSSIONS At 6:15 p.m. Mordkin made a motion to convene to Executive Session for Privileged attorney /client discussions. 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 6:35 p.m. Mordkin made a motion to reconvene the Regular Meeting, seconded by Purvis. 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: ADJOURNMENT 03 -12 -01 Page 10 of 10 There being no further business, Virtue made a motion to adjourn the meeting. Purvis seconded the motion. The motion was approved by a vote of 4 in favor and 0 opposed. Council Member Mercatoris was on approved leave of absence. The meeting adjourned at 6:35 p.m. S .j�itted by: Donna J. G .rcia, Se retary /Records Clerk