Loading...
03-19-01 Town Council MinutesSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MARCH 19, 2001 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, March 19, 2001 at 2:07 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester; Robert Purvis, Richard Virtue, Arnold Mordkin COUNCIL MEMBERS ABSENT: Council Member Mercatoris was on approved leave of absence. STAFF PRESENT: Gary Suiter, Town Manager; Hunt Walker, Public Works Director; Art Smythe, Chief of Police; Craig Thompson, Community Development Director; Chris Conrad, Planning Director; David Ogren, Sanitation Department; Joe Coffey, Housing Manager; Steve Connor, Town Attorney, Robert Voigt, Senior Planner, Bernadette Barthelenghi, Landscape Architect; Trudi Worline, Town Clerk PUBLIC PRESENT: Wayne Floyd, Barbara Lucks, Jim France, Gary Ross, Jack Hatfield, Bill Burwell, Lance Burwell, John Dresser, Doug Faurer, John Michaelman, Rick Griffin, Alan Richman, John Meckling, Bill Boineau, George Huggins, Madeleine Osberger, Scott smith, Gideon Kaufman, Brent Gardner Smith, Todd Grange, Dean Derosier, Paul Broome, Deidre Boineau and other members of the public interested in today's Agenda items. DISCUSSION AGENDA Item No. 2: 2:00 P.M. DISCUSSION WOODRUN RESIDENTIAL TRASH ISSUE Hunt Walker, Public Works Director and Gary Ross of Ross Partnership, provided a slide presentation and conceptual site drawings of the dumpster shed location preferred by Council, as well as an optional site on the Northwest corner of Wood Road and Village Run Circle. Both sites are located on Woodrun V property. Walker explained that staff conducted a preliminary analysis for instituting curbside trash collection within the Woodrun subdivision and concluded that the area could be 03 -19 -01 tc Page 2 served using existing Town equipment. He provided a revenue and cost projection for the curbside service. John Michaelman, President of the Woodrun V Homeowner's Association, stated that the Homeowners were opposed to an on -site dumpster location and requested curbside trash pick up. After further discussion, Council majority requested meeting time be set at the April 9, 2001 to further discuss the issue of curbside service versus condemnation of property located at one of the two optional sites for construction of a dumpster shed. Council requested that the neighborhood be invited to the meeting to comment on the issue. Item No. 3: 2:30 P.M. DISCUSSION REQUEST FOR FUNDING COMMUNITY PICNIC/ SUMMER RODEO Bill Burwell of the Rodeo Company, was present at the Meeting and explained that the Fourth of July falls on Rodeo event night once again in 2001 and suggested a combination community barbeque, rodeo and fireworks display. He requested funding in the amount of $20,000 from the Town to help fund the event. Burwell also requested funding in the amount of $30,000 from the Town to support the 2001 Rodeo season, and an additional $10,000 in in -kind services for necessary upgrades. He explained that he would provide the Town with an ad in the published event Program and an itemized statement of expenditures at the end of the season. The Public Works Director suggested that if Council chooses to provide the requested funding, an additional amount be granted in lieu of providing in -kind services. He explained that providing the in -kind services has caused a disruption to the workload of the Road Department in the past. Burwell confirmed that the only revenue to be realized by the Town through this event would be sales tax on food sold at the barbeque. Jack Hatfield stated his opposition, explaining that the Town would be funding a private enterprise. Council verified that there are no monies set aside in the Town budget for this request. Doug Faurer stated his support for the Town to help fund the Rodeo. Council Member Mordkin disclosed that he has previously been employed by the Rodeo, has represented the Silvertree Hotel as Counsel in the past, is a personal sponsor of the Rodeo and is a business tenant of the Silvertree Hotel. After further discussion, Council majority agreed that the Rodeo is an important amenity for the Town. Council requested that the Town Attorney develop an agreement regarding the request for in -kind services for discussions at the April 9, 2001 Council Meeting. Council discussed the Fourth of July Community Picnic as a combination event with the Rodeo and barbeque. The Town Manager stated that the Town has budgeted $6,000 for the 2001 Community Picnic. Deidre Boineau provided a history of the Community Picnic. Mayor Manchester stated his support of the free Community 03 -19 -01 tc Page 3 Picnic and entertainment as provided when the event first occurred and requested that Burwell assist with funding to support the event as it originally occurred. After further discussion, it was determined that this issues would be further discussed at the April 9, 2001 Town Council Meeting. Item No. 4: 3:00 P.M. DISCUSSION PARCEL "N" OWNERS DISCUSSION Joe Coffey, Housing Manager and Owner's Representative for the project, informed Council of a recent meeting held with potential purchasers of the proposed Parcel "N" units. He reported a high interest indicative of a large market for the units. Coffey stated that he felt approximately 40- percent of those attending could be pre qualified to purchase a unit. He explained that this project could bring employees who have moved down valley, back to Snowmass Village, as well as provide smaller for -sale employee housing and rentals as employee housing owners upgrade to the new employee housing project. Coffey reported that sixteen attendees at the meeting currently own deed restricted housing and 11 attendees own free market housing. Coffey recommended that construction begin in April of this year while ground conditions provide the opportune time. He explained that to delay the project would not be cost effective, whereby construction may incur additional winter condition expenses. Council discussed funding sources and the ability for construction costs to remain with the proposed budget amount. Coffey provided an update on the neighboring Timbers project construction relating to site difficulties and informed Council that John Meckling would provide further information on this issue later in the Meeting. Total estimated construction costs for the project are $5,541,597. Council majority agreed to direct the Owners Representative to move forward and begin construction as soon as possible in advance of receiving the maximum price quote. In response to an inquiry from Todd Grange, Council agreed to address the issue of handicap accessibility for the units. Mayor Manchester stated that discussion of this Item would be continued later in this Meeting in order to receive a report from the Site Engineer. NOTE: The Meeting was recessed for a five minute break. The Meeting reconvened at 4:47 p.m. Item No. 5: PUBLIC NON AGENDA ITEMS There were no Public Non Agenda items. 03 -19 -01 tc Page 4 REGULAR AGENDA Item No. 7: PUBLIC HEARING AND SECOND READING ORDINANCE NO. 10, SERIES OF 2001 CONSIDERATION 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. The Planning Director stated that all submittal and Public Notice requirements have been met for amendments of this type in accordance with the Snowmass Village Municipal Code. He outlined recommendations made by the Planning Commission and explained that the Ordinance includes changes as requested by Council at First Reading. Mayor Manchester opened the Public Hearing at 4:52 p.m. Mordkin made a motion to approve Second Reading of the Ordinance, seconded by Virtue. Council reviewed the Ordinance and requested necessary changes. After further discussion, Mordkin made a motion to amend the Ordinance to include the changes requested by Council. Virtue seconded the motion. The Planning Director summarized the amendments. The amendments were 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. Mayor Manchester closed the Public Hearing at 5:19 p.m. NOTE: Mayor Manchester explained that Agenda Items would be heard in an order to accommodate members of the public who were in attendance for specific Items. Item No. 9: SECOND READING ORDINANCE NO. 03, SERIES OF 2001 CONSIDERATION OF AN ORDINANCE GRANTING THE SNOWMASS VILLAGE HOUSING DEPARTMENT CONDITIONAL AUTHORIZATION TO COMMENCE CERTAIN CONSTRUCTION ACTIVITIES WITHIN PARCEL N, FARAWAY RANCH GROSS PARCEL PLAT The Planning Director stated that all submittal and Public Notice requirements have been met in accordance with the Snowmass Village Municipal Code. He reviewed amendments made to the Ordinance as requested by Council at First Reading on March 5, 2001. Alan Richman, acting as Land Use Representative, stated his support of Ordinance No. 03, Series of 2001, explaining the urgent need for this product in the community, which he felt was an upper -end product not currently available in Snowmass Village, and the efficiency that would be gained by beginning 03 -19 -01 tc Page 5 construction simultaneous with the Timbers project. John Meckling, Branch Manager for CTL Thompson, stated that he began work on this site in June of 1999. He explained that Geotechnical concerns with the site, which he was requested to address, were the high groundwater level and ground stability. He explained that site excavation at the Timbers project adjacent to Parcel "N is not adversely affecting the existing hillside stability. He further explained that he recommended and assisted in the design of a retainage system to eliminate adverse affects to the properties located uphill from the site. He explained the plan for retainage and stabilization of the hillside and recommended that construction of the retaining walls and ground stabilization begin as soon as possible before the groundwater level rises, or wait until much later in the year when the ground water has once again receded. Paul Broome, Contractor, stated that he would be ready to construct building foundations in June of this year if site construction is allowed to begin immediately. Council discussed necessary easements through the Timbers project, potential cost overruns, the timeline when trucks would create an impact on Brush Creek Road, increments for reading site stabilization detecting instruments and related costs. At the request of the Owner's Representative, Council agreed to amend the Ordinance to allow changes to amend the required number and increments of site instrument readings if good cause is shown to the Building Official. The readings shall not be less than once every two weeks during the first two months. After further discussion Virtue made a motion to approve Ordinance No. 03, Series of 2001, seconded by Purvis. Rick Griffin questioned potential increased cost due to spring runoff and road damage. John Dresser, representing the Ridge Homeowners requested that Council proceed to final review and approval of this project for continuity and completion of the entire project in a timely manner. Manchester requested that the applicant's team include handicap accessibility for the units for discussion during Final Review of this application. In summation, Mayor Manchester explained that in the best interest of the community, and in order to take advantage of the community benefits outlined by the applicant Council was in agreement for site construction to begin. A roll -call vote was taken and 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 MALL SIGNAGE Mayor Manchester stated that off premise real estate signs would also be discussed with this item. The Town Manager reported that the Town has received a complaint on the proliferation of sandwich boards and banners on the Mall and slope side, which violate the historic zoning of the Mall properties. He provided Council with copies of a document relaying a complaint on the same subject from Phyllis McFillin of Shell Properties, in which McFillin requested that the Town enforce the sign Codes. Mordkin stepped down from the Council table, explaining that he owns a business in the Mall and displays a sandwich board. Rick Griffin, Mall business 03 -19 -01 tc Page 6 owner, stated opposition for a business owner to place a sandwich on a neighbor's property. Tom Setre stated his opposition to the signboards, banners and awnings, and requested that Council enforce the restrictions on signage in the Mall area. After further discussion, Council requested that staff suspend enforcement on illegal sandwich boards, banners and off premise real estate signs until June 1, 2001. He requested that the Planning Commission review this issue and make a recommendation to Council. Council also requested public comments and Council review of the Planning Commission recommendation by the end of the summer season. Council directed staff to mail a letter of response to McFillin and to notify all the property owners and businesses in the Mall area, as well as the real estate community of Council's plan for review and encourage their participation. Purvis requested that Council address outdoor lighting issues in the near future. Item No. 8: DISCUSSION DROSTE CONSERVATION EASEMENT (Memo from Steve Connor to be e- mailed and distributed at the meeting) Mayor Manchester reported that he recently requested a memo from the Town Attorney addressing comments made by Mr. Droste in a recent Aspen Times article. The comments were regarding the Conservation Easement recently purchased from Mr. Droste by the Town. The Mayor advised Council Members to discuss the memo with the Attorney if they had questions. Item No. 6: PUBLIC HEARING AND SECOND READING ORDINANCE NO. 05, SERIES OF 2001 CONSIDERATION OF 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 AND GARAGE DIMENSIONAL LIMITATIONS. Planning Director Chris Conrad, explained that on February 19, 2001, Council considered an Ordinance amending Chapter 16A of the Municipal Code, which included consideration of amendments to issues relating to Accessory Units. At Council's request, Accessory Unit amendments were separated from that Ordinance and were then included in Ordinance No. 10, Series of 2001, approved by Council as Item No. 7 on the Agenda for this Meeting. The remaining LUC amendments are included in Ordinance No. 05, Series of 2001, as presented to Council at this time. The Planning Director stated that the Public Hearing has been noticed for this Meeting in accordance with the Snowmass Village Municipal Code. Conrad explained that during previous discussion, Council stated their desire to amend the size allowed for garages. Council discussed restrictions related to development on 30- percent slopes, whereby a decision on this issue currently 03 -19 -01 tc Page 7 requires a 3/4 majority vote of Council. After further consideration Council determined to leave the current language relating to 30- percent slopes as written, and agreed to the change included in this Ordinance regarding re- application. Purvis made a motion to approve the amendments, seconded by Virtue. Mayor Manchester opened the Public Hearing at 6:47 p.m. There being no comments from the public, the Public Hearing was closed at 6:47 p.m. Conrad stated that all requirements have been met to amend Chapter 16A as outlined in the Snowmass Village Municipal Code. The Public Hearing was noticed in the Snowmass Village Sun on February 21, 2001, stating the time, date and place. Manchester made a motion to amend the Ordinance, seconded by Mordkin. 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 Ordinance No. 05, Series of 2001 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. 11: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /STATUS REPORT -AND- Item No. 12: CALENDARS Transportation Sales Tax IGA The Town Manager stated that the Intergovernmental Agreement regarding distribution of Transportation Sales Tax and the one -year Operating Agreement would be brought before Council simultaneously at the second and third Council Meetings in April, 2001. Manchester explained distribution of the 1/2 Cent Sales and Use Tax. Council discussed issues addressed at the recent Elected Officials Transportation Committee (EOTC) including Roaring Fork Transportation Authority (RFTA) future plans, Entrance to Aspen and the functions of the Rural Transportation Authority (RTA). Traffic and Parking Survey Mayor Manchester reported that traffic and parking counts would be conducted in the numbered parking lots on March 20, 2001. Brush Creek Trail Manchester requested that staff arrange a meeting with Council and the Pitkin County Board of Commissioners to discuss the proposed Brush Creek Trail. Easements still remain to be obtained from the Seven Star Ranch and Cozy Point Ranch South for two pieces of property on either end of Brush Creek Road. He expressed the desire to complete the trail by the end of the 2001 Summer season. Manchester directed staff to contact the property owners and arrange for meetings in an attempt to obtain easements on the Cozy Point South property. He proposed that construction could be underway on the easement approved sections, while negotiating for easements with landowners on the two remaining sections. 03 -19 -01 tc Page 8 Highway 82 /Brush Creek Road Sign Manchester reported that a necessary Code amendment to allow a proposed Town sign at the intersection of Highway 82 and Brush Creek Road would be addressed by the Pitkin County Commissioners on April 3, 2001. After Code amendments are approved to allow the sign at this location, the Commissioners will then address the particulars related to the sign. Manchester stated a desire for constructing the sign during the 2001 Summer season. Excise Tax Manchester requested that staff notify architects throughout the valley to remind them of the Snowmass Village Excise Tax, which could allow homeowners to purchase additional square footage to expand the floor area of their homes. Council Resort Tour Manchester reported that Council Members, Aspen Skiing Company representatives, Planning Commission Members, members of the press and members of Town staff are scheduled to tour the Beaver Creek, Bachelor Gulch and Copper Mountain resort areas. Council will meet at the Rodeo Lot at 7:30 a.m. on March 15, 2001 to board a Town Shuttle bus for the trip. Council discussed the agenda for the tour. VLF Aspiration Statement Purvis stated his appreciation for the top ten priorities for March and the status of each, as provided by the Town Manager. Purvis also requested that Council review the Aspiration Statement developed by Purvis, the Town Manager and Assistant to the Town Manager, as a result of the Village Leadership Forum (VLF) Meetings. Operating Indicators Purvis requested that staff provide him with a copy of the Operating Indicators recently compiled by Town staff. MEETING CONTINUED At 7:35 p.m. Manchester stated that this Meeting would be continued to Tuesday, March 20, 2001 at 11:00 a.m. CONTINUATION OF 03 -19 -00 TOWN COUNCIL MEETING MEETING MINUTES 03 -20 -2001 Mayor Manchester called to order the Regular Meeting of the Snowmass Village Town Council, continued from Monday, March 19, 2001, on Tuesday, March 20, 2001 at 11:00 a.m. 03 -19 -01 tc Page 9 (Cont'd. to 03 -20 -01 tc) COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: Item No. 12A: NOTE: Item No. 12B: T. Michael Manchester, Richard Virtue, Robert Purvis, and Arnold Mordkin Douglas Mercatoris was on approved leave of absence Steve Connor, Town Attorney; Carey Shanks, Assistant to the Town Manager; Gary Suiter, Town Manager; and Donna J. Garcia, Secretary /Records Clerk PUBLIC PRESENT: Bill Boineau and Madeliene Osberger NOTE: The following item was not included on the 03 -19 -01 Meeting Agenda EXECUTIVE SESSION FOR PRIVILEGED ATTORNEY /CLIENT DISCUSSIONS REGARDING PURCHASE OF THE RODEO PROPERTY At 11:26 a. m., Virtue made a motion to convene to Executive Session for the purpose of privileged Attorney /Client discussions regarding purchase of the Rodeo property. 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. At 11:55 a.m., Purvis made a motion to reconvene the Regular 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 following item was not listed on the agenda for this Meeting RESOLUTION NO. 12, SERIES OF 2001 A RESOLUTION ESTABLISHING THE NEED OF THE PUBLIC TO USE AND ACQUIRE CERTAIN REAL PROPERTY IN SNOWMASS VILLAGE, COMMONLY KNOWN AS THE RODEO PROPERTY Virtue made a motion to approve Resolution No. 12, Series of 2001, seconded by Mayor Manchester. Council requested that "government activities" be added to the list included under the second WHEREAS paragraph on Page 3 of the document. Council requested that a copy of the survey be obtained by staff. Mayor Manchester summarized the contents of the Resolution language. He explained that the Town is negotiating with the landowner for purchase of the property at this time. Purvis 03 -19 -01 tc Page 10 (Cont'd. to 03 -20 -01 tc) 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 Resolution was approved as amended, by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. COUNCIL COMMENTS Old- Fashioned Community Picnic Bill Boineau reported that the cost for the Community Picnic during its iniatiated years was approximately $10,000. He stated that $5,000 of the $10,000 amount funded the fireworks display. Boineau volunteered his services to assist Council with the fund raising and organization for the event. The event will be schedule for July 4, 2001. Purvis offered to request volunteer assistance from the Rotary Club. Council discussed possible events to be held at the picnic and a combination fireworks display with the Rodeo Company. Clean Signs Purvis requested that the Town road signs be cleaned. Mayor Manchester reported that the annual Town Clean Up Day has been scheduled for Friday, May 18, 2001 and provided a description of the events planned for the day. Land Purchase Offer In response to an inquiry from the Town Manager, Council requested that the Town's offer to purchase the Rodeo and from the Snowmass Recreational Land Company include a cover letter to be approved by the Mayor before finalization. In response to an inquiry made by a member of the press regarding the funding for the Town to purchase the Rodeo land, Council stated that the voter's approved a bond amount of $3.590M for purchase of the land at the November 7, 2000 Regular Election. Council discussed the issue of sales tax as it relates to ticket sales. Item No. 13: ADJOURNMENT There being no further business, Purvis made a motion to adjourn the Meeting, seconded by Virtue. The motion was approved by a vote of 4 in favor to 0 opposed. The Meeting adjourned at 12:47 p.m. Council Member Mercatoris was on approved leave of absence. Submitted By, Trudi Worline, Town Clerk