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04-16-01 Town Council MinutesSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2001 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, April 16, 2001 at 2:08 p.m. COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Robert Purvis, Arnold Mordkin, Richard Virtue 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; Art Smythe, Chief of Police; Steve Connor, Town Attorney; Joe Coffey, Housing Manager; Larry Green, Wildlife Specialist; Chris Conrad, Planning Director; Brandy VanDyke; Trudi Worline, Town Clerk PUBLIC PRESENT: Joe Wells, Bernie Krauer, Madeleine Osberger, Russ Caldwell, Butch Darden, Judi Burwell, Walter Kieser, Brent Gardner Smith, Jose Santiago, Doug Mackenzie, Don Schuster, Gideon Kaufman, Dave Spence, David Bellack, Bill Burwell, John Norton, Jim France, Stan Kornasiewicz and other members of the public interested in the Agenda items for this Meeting. DISCUSSION AGENDA NOTE: Mayor Manchester stated that Item No. 1 would be heard at 4:00 p.m. Item No. 2: DISCUSSION WITH WALTER KEISER Walter Kieser, Land Use Planner and Urban Economist, employed to create an Economic Model for the Town, provided Council with an update. He explained that the current Model, developed as a part of the Village Leadership Forum (VLF) effort, is a re- creation of an earlier Economic Model produced for the Base 04 -16 -01 tc Page 2 Village proposal. The purpose of the Model is to track the relationships between various elements of the resort as they currently exist and as they change in the future. He reported that staff has recently compiled the "2001 Baseline Economic Indicators" document, used as the foundation for the Model. The Model will be used as a gauge or mirroring device for making future decisions. He outlined the elements of the Model that included physical items to measure or count under the two categories of "supply" and "demand which will equate to total resort revenues and expenditures. Jose Santiago, contracted by the Town to facilitate VLF Meetings, presented a business model which indicated the necessity for all components of a resort to benefit each other and result in the expansion and maximization of value derived by the providers and the Town, for the purposes of benefiting everyone. He further explained that the business model is then supported by a sound economic plan and language, which is currently being created by Kieser. As a working document, staff will continue to improve the accuracy and precision of the Model as changes occur and new information is applied in the future. A complete rendition of the economics will be provided at the VLF Meeting scheduled for April 17, 2001 at the Snowmass Club. Item No. 3: DISCUSSION WILDLIFE MONITORING UPDATE Larry Green, Wildlife Specialist, explained that ongoing wildlife monitoring has been conducted by a group consisting of three people making up a Wildlife Monitoring Working Group. The group has determined three options for monitoring wildlife, which include radio collaring, an infrared trail monitoring system or one person using binoculars, as has been the method used in the past. As the preferred choice of the three options, Green explained how the infrared trail monitoring system would work. He requested Council approval to purchase the infrared system at a cost of $550.00. After further discussion, Purvis made a motion to approve the expenditure of funds for the purchase of the infrared system and camera. 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. Mayor Manchester reported that a presentation on The Black Bear, The Predator is scheduled for May 9, 2001 at 7:00 p.m. at the Aspen Institute. Green reported that a presentation on the bear would also be provided for the public at the Snowmass Village Council Chambers on Thursday, April 19, 2001 at 1:00 p.m. At 3:15 p.m., Mayor Manchester called a Meeting recess until 4:00 p.m. 04 -16 -01 tc Page 3 Item No. 1: DISCUSSION CONFERENCE CENTER LEASE The Town's Financial Advisor, Russ Caldwell of Kirkpatrick Pettis, referred to a memo included in the information packet for this Meeting. The memo included his findings of the Snowmass Village Resort Association's (SVRA) financial situation and future plan, and contained Caldwell's recommendations to Council regarding a method to achieve the refinancing of the Conference Center in response to a request made by SVRA. He provided the history of the Conference Center bonding since 1983. If Council were to approve the request to refinance, Caldwell recommended conditions be attached to SVRA's continuing use and management of the Conference Center, and that the Town be released from the current sales tax pledge. He reviewed the covenants, which would be a part of the refinancing package. Caldwell stated that SVRA's financial information would be required by the rating agencies of the insurance company if the refinancing were to be approved. Council discussed the issue and stated concerns regarding financing the repayment of debts incurred by SVRA, SVRA default on several requirements of the contract, the resort's dependency upon a private company to market the resort, statements of concern made by constituents of SVRA and Council and SVRA's lack of accountability to its members. Jim France, President of SVRA, explained that the reasons for the request are to reduce the amount of the lease payment which would increase the cash flow and reduce the year -end shortfall from approximately $650,000 to approximately $100,000, to increase the advertising budget, to refinance the Conference Center and update the organization's computer software and hardware. France stated that without the refinancing, SVRA would not be able to market or advertise Snowmass Village as a resort appropriately. France stated that it would not be fair to the members of SVRA to raise the civic assessments and suggested that SVRA may need to decrease the amount of annual grant funding which they have historically provided to special events. Council requested that the proposed financial plan reflect additional funding for marketing and advertising Snowmass Village as a resort, and a capital reserve amount sufficient for the maintenance and improvements to the Center. Council also requested that SVRA provide a detailed explanation of the distribution of budget revenues, for a more clear understanding of the SVRA financial operations. Caldwell requested that Council review SVRA's budget on an annual basis for the purpose of understanding the operations, if refinancing is approved. 04 -16 -01 tc Page 4 France explained that it would be necessary for the Board of Governors to approve Council's review of the SVRA budget. Caldwell explained that if Council approves the refinancing, the bonding company would require a full budget review and the budget and audit would be fully disclosed to the public domain. France requested that Council approve the concept of the plan and move forward to negotiations regarding this issue. Council stated their desire to assist SVRA, although not without further discussion regarding risk to the Town or encumbrance of sales tax. France requested that Council send a letter to SVRA specifically outlining the information they desire. Council is scheduled to attend the SVRA Board of Governors Meeting on April 20, 2001. Mayor Manchester stated that this Meeting would be continued to Wednesday, April 18, 2001 for the purpose of further discussion of this issue. NOTE: The Meeting was recessed until 6:22 p.m. Mayor Manchester stated that Agenda items would be rearranged to accommodate those currently present who had items listed on the Agenda for this Meeting. REGULAR AGENDA Item No. 8: DISCUSSION /ACTION SEVEN STAR RANCH REQUEST FOR EXTENSION Gideon Kaufman, representing Seven Star Ranch, reported that Seven Star has met with the owners of Lot 9 and Lot 10, and has reached an agreement with the owner of Lot 9 regarding easements for an access to the home sites proposed for Seven Star Ranch property. He stated that the previous extension of time approved by Council for Final PUD Review would expire on April 17, 2001. Kaufman requested that Council approve an extension to July or August, 2001. In response to an inquiry made by the Mayor, Kaufman explained that Seven Star Ranch would not be in any position to grant a trail easement to the Town on their property until after receipt of final PUD approvals. Mayor Manchester stated that Final Review of this PUD would be scheduled after Seven Star has an approved access to the property. After further discussion, Virtue made a motion to grant a request made by Seven Star Ranch to extend the date for Final Review of Seven Star Ranch PUD to July 17, 2001. 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. 04 -16 -01 tc Page 5 Item No. 6: FIRST READING ORDINANCE NO. 01, SERIES OF 2001 FIRST READING CONSIDERATION OF ORDINANCE NO. 01, SERIES OF 2001 REGARDING A MINOR PUD AMENDMENT APPLICATION BY SPRINT SPECTRUM, LP, TO ALLOW THE CONSTRUCTION OF AN EQUIPMENT STORAGE SHED AT THE SILVERTREE HOTEL Mordkin made a motion to approve First Reading of Ordinance No. 01, Series of 2001, seconded by Virtue. Conrad explained that Second Reading of this Ordinance is scheduled for May 7, 2001, as well as a Resolution which would allow installation of antennas on top of the Silvertree Hotel. Bob Johnson of the Interlude Condominiums, was present at the Meeting and requested that the applicant notify the neighborhood as soon as possible, in order to receive comments for the May 7, 2001 Public Hearing. Robin Malar, representing Sprint, outlined changes to the landscaping plan. There being no further discussion, First Reading was approved by a vote of 4 in favor and 0 opposed. Council Member Mercatoris was on approved leave of absence. Item No. 5: PUBLIC NON AGENDA ITEMS There were no Public Non Agenda items. Item No. 7: PUBLIC HEARING AND SECOND READING ORDINANCE NO. 07, SERIES OF 2001 TO RECEIVE PUBLIC COMMENT AND SECOND READING CONSIDERATION OF ORDINANCE NO. 07, SERIES OF 2001, A REVISED APPLICATION BY MIGUEL DUENAS AND THE WOODRUN PLACE CONDOMINIUM ASSOCIATION FOR A MINOR PUD AMENDMENT TO WOODRUN PLACE PUD, UNIT 51, TO ENCLOSE ONE EXTERIOR DECK ON THE NORTHWEST ELEVATION, ALONG WITH INTERIOR MODIFICATIONS; AND TO CONSIDER A MASTER PLAN ARRANGEMENT OF ENCLOSURES FOR WOODRUN PLACE Mayor Manchester opened the Public Hearing at 6:36 p.m. Jim Wahlstrom, Senior Planner, explained changes to the Ordinance as requested by Council at First Reading. There being no further discussion, Purvis made a motion to approve Second Reading of Ordinance No. 7, Series of 2001, seconded by Virtue. The motion was approved as amended, by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. 04 -16 -01 tc Page 6 AND Item No. 10: CALENDARS CONSENT AGENDA Item No. 4: APPROVAL OF WORK SESSION SUMMARY OF 04 -05 -01 AND MEETING MINUTES OF 04 -02 -01 Purvis made a motion to approve the Work Session Summary and Meeting Minutes as listed. Virtue seconded the motion. There being no changes or additions to the documents, 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. 9: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /STATUS REPORT RTA/RFTA Meetings Mayor Manchester reported that he attended a Rural Transportation Authority (RTA) Meeting and a Roaring Fork Transportation Authority (RFTA) Meeting during the past week. A follow -up meeting is scheduled for Thursday, April 19, 2001. The group interviewed seven applicants for the Attorney position. Manchester will provide Council with a written report of the Meetings. ASC Advisory Council Virtue reported that he recently attended an Aspen Skiing Company Advisory Council Meeting. A brief of the Meeting will be provided to Council Members. Virtue stated that Aspen Central Reservations Internet business has increased approximately 26- percent and telephone business has decreased approximately 22- percent. Low Bus Ridership Mordkin requested that staff investigate a means to minimize the number of buses running during off seasons. Clean Council Chambers Virtue requested that clutter and obsolete items be removed from Council Chambers. Fence Repair Purvis reminded staff to repair fencing within the Town limits during the off season. 04 -16 -01 tc Page 7 Soccer Field Preparation Purvis requested that the soccer field be marked in preparation for use by the United Soccer League. Building Permit Expiration In response to an inquiry made by Purvis, the Community Development Director explained that if construction ceases on a project, a Building Permit will expire at the end of 180 days from the date of issuance. A contractor can apply for an extension if needed. Purvis requested that staff conduct a valley -wide survey of cities, towns and counties to determine their regulations on this issue. Walsh Fire Debris In response to an inquiry made by Virtue, the Community Development Director reported that he has received a copy of a Court Motion filed on behalf of the Walsh Trust against Rudd Construction. The Motion is in regard to the Walsh home, located in the Divide subdivision that was destroyed by fire eight months ago. The Motion has been filed in Pitkin County District Court. He explained that the Motion, in conjunction with requests made by the Town, has spurred conversations among all the attorneys involved. The Town Attorney stated that he has received direction and would file an action with the Municipal Court within the upcoming week requesting immediate removal of the debris. He expounded on the options which would be acceptable to the Town. Council requested a review of the abatement agreement before finalization. Mall Flower Planters In response to an inquiry from the Planning Director regarding a Building Permit application from Shell Properties to remove the flower planters on the south side of the Mall, Council stated their desire for planters to remain in that area. Banners in Mall Mayor Manchester requested that staff investigate installation of colorful banners on the beam extensions in the Mall area. Purvis suggested the banners also be placed on existing flag pole supports along the upper edges of the Mall. Operational Indicators Purvis reported that the Operational Indicators document produced by Town staff is progressing. He requested that the tax numbers be indicated by program rather than by ledger, number of skier days be obtained from ASC, volume of water treated be obtained from Snowmass Water and Sanitation District and occupancy rates be obtained from SVRA. He provided staff with formatting direction for the document. 04 -16 -01 tc Page 8 Parcel "N" Excavation The Town Manager reported that he would be reviewing the contract for construction of Parcel "N" retaining walls and excavation within the next few days. He notified Council that excavation costs could accelerate if excess ground water problems are discovered. Council will receive updates from staff on the status of the project. Memorial The Community Development Director stated that a dedication ceremony in remembrance of Kaye Gaunt will be held on Wednesday, May 9, from 11:00 a.m. until 1:00 p.m. at Community Park. The dedication will be followed by a potluck. Entryway Sign First Reading of an Ordinance for approval of the Entryway Sign, proposed by the Town of Snowmass Village to be located at the Intersection of Highway 82 and Brush Creek Road, is scheduled for the April 26, 2001 Pitkin County Board of Commissioners Meeting. Village Leadership Forum Meeting Mayor Manchester stated that a Village Leadership Forum Meeting is scheduled for April 17, 2000 at 12:00 noon. Corridor Investment Study Purvis stated that he would meet with the RTA working group to discuss the Corridor Investment Study (CIS) on Friday, April 20, 2001. Item No. 11: ADJOURNMENT At 7:16 p.m., Mayor Manchester continued this Meeting to Wednesday, April 18, 2001 at 4:00 p.m. Submitted By, rudi Worline, Town Clerk