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05-07-01 Town Council MinutesMayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, May 7, 2001 at 4:07 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Robert Purvis, Richard Virtue, Arnold Mordkin STAFF PRESENT: Gary Suiter, Town Manager; Carey Shanks, Assistant to the Town Manager; Steve Connor, Town Attorney; Hunt Walker, Public Works Director; Joe Coffey, Housing Manager; Craig Thompson, Community Development Director; Chris Conrad, Planning Director; Robert Vhrin, Senior Planner; Jim Wahlstrom, Senior Planner; Trudi Worline, Town Clerk SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MAY 07 -2001 COUNCIL MEMBERS ABSENT: Council Member Mercatoris was on approved leave of absence. PUBLIC PRESENT: Bill Boineau, Paul Benton, Madeleine Osberger, Bob Johnson and other members of the public interested in the Agenda for this Meeting. DISCUSSION AGENDA Item No. 2: DISCUSSION COMMUNICATION MASTER PLAN Bill Boineau and Paul Benton provided an update on issues relating to the development of a Communications Master Plan. Boineau explained that he has been meeting with Jim Considine, Information Systems Director for Pitkin County, as well as with the State and the Communications Forum, in an effort to develop the Master Plan. He further explained that a Communications Master Plan would consolidate communication sites to certain tower locations, eliminating numerous unsightly towers throughout the Town and County, and providing additional revenue for the Town. Boineau referred to a letter from a Letter of Commitment provided by Considine for the Town to participate in Pitkin County's Request for proposal for telecommunication services, copies of which 05 -07 -01 tc Page 2 will be distributed to Council Members. The purpose of the RFP is to solicit bids to provide connection to the State of Colorado Aggregated Network Access Point as determined by the Multi -Use Network Task Force, to be issues after the State reviews and approves the Pitkin County Network Implementation Plan. Boineau stated that provisions of the proposed "Beanpole" Act, would allow the State to assist with infrastructure costs in an effort to create one major system throughout the State. Council will review the Letter of Commitment and further discuss the issue at the May 14, 2001 Council Meeting. Boineau will continue to update Council of future progress. Item No. 3: DISCUSSION PARCEL "N" OWNERS CONSTRUCTION ACTIVITIES UPDATE Joe Coffey, acting as Owner's Representative for the Parcel "N" Employee Housing project, informed Council that a contract has been signed for excavation activities, the sight has been cleared, silt fencing has been installed and construction of the soil -nail wall has begun. He stated that construction has intersected the waterflow of two streams, which is a potential problem. Coffey explained that First Reading of an Ordinance approving the final PUD has been scheduled for Council review at the May 14, 2001 Council Meeting. A contract for the remaining construction will be submitted to Council for approval by May 24, 2001. Coffey will provide Council with updates as necessary. CONSENT AGENDA Item No. 4: APPROVAL OF MEETING MINUTES FOR 04- 09 -01, 04- 16 -01, 04- 18-01 CONTINUED FROM 04 -16 -01 AND 04 -30 -01 Council member Mordkin made a motion to approve the Meeting Minutes as listed. Virtue seconded the motion. There being no additions or corrections to the Minutes, 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 NOTE: The following item was not listed on the Agenda for this Meeting. Item No. 5a: PUBLIC NON AGENDA ITEMS There were no Public Non Agenda items. 05 -07 -01 tc Page 3 Item No. 5: PUBLIC HEARING AND SECOND READING ORDINANCE NO. 01, SERIES OF 2001 TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF SECOND READING ON AN ORDINANCE REGARDING A MINOR PUD AMENDMENT APPLICATION BY SPRINT SPECTRUM, LP, TO ALLOW THE CONSTRUCTION OF AN EQUIPMENT STORAGE SHED AT THE SILVERTREE HOTEL Mayor Manchester opened the Public Hearing at 4:39 p.m. The Planning Director stated that all submittal and public notification requirements have been met according to the Snowmass Village Municipal Code. He explained that the Planning Department received a written comment from the owners of Interlude No. 210, stating their opposition to this application. Bob Johnson, representing the Laurelwood and the Interlude homeowners, explained the roofing materials used on neighboring buildings and questioned the need for the proposed retaining wall. Robin Hartzog Miller, a Sprint representative, explained issues that have been addressed by her company as requested previously by Council. Council and the Sprint representative discussed the site plan. Manchester questioned the purpose, design and materials of the retaining wall depicted on the site plan. Miller explained that the wall would prevent snow from being pushed into that area. She also explained that the exterior materials used would match those on the surrounding buildings. Council discussed roof material, height, and size of the structure and the retaining wall. They requested additional information, including sample building materials and colors, be provided for review before further consideration. Johnson stated his desire for the exterior materials to be consistent with neighboring buildings when future upgrades are made, suggested that the roof of the pool structure be upgraded so that the roof life of both structures are equal, and stated that the landscaping plan is acceptable as presented. The Planning Director outlined the Landscaping Plan. Council discussed the necessity of the retaining wall, and determined that the color, height and texture of the wall need to be further addressed, as well as a plan for long -term maintenance. Council stressed the need for exterior materials to maintain consistency with neighboring buildings during future upgrades. After further discussion, Purvis made a motion to approve Ordinance No. 01, Series of 2001, seconded by Virtue. Mordkin made a motion to table Second Reading of Ordinance No. 01, Series of 2001 until the May 14, 2001 Regular Town Council Meeting. Purvis seconded the motion. 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. Mayor Manchester closed the Public Hearing at 5:05 p.m. 05 -07 -01 tc Page 4 Item No. 6: PUBLIC HEARING AND ACTION RESOLUTION NO. 23, SERIES OF 2001 TO RECEIVE COUNCIL COMMENT AND CONSIDERATION OF A SPECIAL REVIEW APPLICATION BY SPRINT SPECTRUM, LP, TO PERMIT THE MOUNTING OF ROOFTOP ANTENNA RECEPTION OR TRANSMISSION DEVICES AT THE SILVERTREE HOTEL Mayor Manchester opened the Public Hearing at 5:07 p.m. There being no comments from the Public, the Public Hearing was closed at 5:07 p.m. Purvis made a motion to approve Resolution No. 23, Series of 2001, seconded by Mordkin. Mordkin made a motion to table the Resolution to the May 14, 2001 Regular Council Meeting, in order that it may be heard in conjunction with Second Reading of Ordinance No. 01, Series of 2001. Purvis seconded the motion. 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. Item No. 7: SECOND READING ORDINANCE NO. 12, SERIES OF 2001 CONSIDERATION OF AN ORDINANCE TECHNICALLY AMENDING THE PROVISIONS OF ORDINANCE NO. 01, SERIES OF 2000 CONCERNING OBLIGATIONS OF THE ASPEN SKIING COMPANY ARISING FROM THE APPROVAL OF THE BURNT MOUNTAIN EXPANSION OF THE SNOWMASS SKI AREA RELATING TO A TRANSPORTATION MITIGATION FEE TO CORRECT AN ERROR IN THE RECITATION OF THE MITIGATION FORMULA Mordkin made a motion to approve Second Reading of Ordinance No. 12, Series of 2001, seconded by Virtue. There being no discussion, the Ordinance was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was on approved leave of absence. Item No. 8: RESOLUTION NO. 25, SERIES OF 2001 CONSIDERATION OF A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO ENDORSING THE CITY OF ASPEN BALLOT QUESTION AUTHORIZING USE OF CITY OF ASPEN OWNED MAROLT AND THOMAS PROPERTIES FOR A TWO LANE PARKWAY AND SEPARATE TRANSIT LANES Mayor Manchester stated that the election on this issue is to be held on May 8, 2001. Council briefly discussed the principle of Town Council stating support or opposition to proposed issues in other jurisdictions. Manchester explained that 05 -07 -01 tc Page 5 Snowmass Village residents, guests and visitors, experience the effect of the Entrance to Aspen on a regular basis, and that the Town is a player in the Rural Transportation Authority (RTA). After further discussion, Mordkin made a motion to approve Resolution No. 25, Series of 2001, seconded by Mayor Manchester. The motion tied and failed by a vote of 2 in favor to 2 opposed. Mayor Manchester and Council Member Mordkin voted in favor. Council Members Purvis and Virtue opposed. Council Member Mercatoris was on approved leave of absence. Item No. 9: DISCUSSION AND ACTION RESOLUTION NO. 26, SERIES OF 2001 CONSIDERATION OF A RESOLUTION APPROVING THE DESIGNATION OF THE BRUSH CREEK CORRIDOR TRANSPORTATION STUDY (BCCTS) AND THE BRUSH CREEK VALLEY TRANSPORTATION STUDY TRAIL DEVELOPMENT PLAN AS THE STUDIES OR EVALUATIONS RECOMMENDED BY THE STRATEGIC PLAN OF ACTION CHAPTER IN THE COMPREHENSIVE PLAN Mayor Manchester provided the recent history of Council /staff discussions regarding the appropriate Council approval process for the BCCTS documents. He explained that the document could be used as a referral doc for transportation issues related to the Brush Creek Corridor. Jim Wahlstrom, Senior Planner, stated that this Resolution could be used in the future as a reference document, although cannot be used as a basis for land use decisions. After further discussion, Purvis made a motion to approve Resolution No. 26, Series of 2001, 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. Item No. 10: MANAGER'S REPORT Heavy Snow Day The Public Works Director reported that the recent snowfall on Thursday, May 3, measured approximately 30 inches at the top of Woodrun and Ridge Run. Town Aspiration Statement The Town Manager stated that posters of the Aspiration Statement have been placed in the Council Chambers. The statement was assembled by members of the Village Leadership Forum (VLF), which is made up of members of the community. The statements will also be placed at various locations within the Town. 05 -07 -01 tc Page 6 New Street Names The Town Manager reported that street names are being proposed for the Timbers free market housing area and the Parcel "N" employee housing area. The names proposed were Assay Hill Drive and Timbers Club Drive. Council directed staff to use the designation of "court" if the streets dead -end. Assay Hill Court will be used for Parcel "N Staff will determine if The Timbers free market housing area access is a court or a drive and designate it appropriately. CML Conference The Town Manager requested that interested Council Members register for the Colorado Municipal League Conference (CML) with the Deputy Town Clerk. In order to avoid late registration fees, he encouraged Council to register before the end of May, 2001. Name That Housing Mayor Manchester requested that staff solicit the public through newspaper notification and organize a contest to name Parcel "N" employee housing and the Timbers employee housing sites. Shuttle Bus Ridership Purvis requested that staff investigate the increase in bus ridership numbers for April in order to determine if the increase was due to the extended ski season. Council discussed the use of dial -a -ride to decrease the number of full -time shuttle buses during the off season and the use of new technology, which would allow continuous assessment of the bus routes. Council requested that staff determine criteria and investigate the routes to determine if the use of dial -a -ride would be more cost effective during low season. Employee Housing Violations The Town Manager explained that employee housing violations are usually reported to the Town by members of the community or homeowners associations. Staff will proceed by process to notify two homeowners who have been reported to be in violation of the Employee Housing Regulations. Winter Sports Clinic Mordkin commended Town staff and citizens of the community for their assistance provided during the Winter Sports Clinic. NOTE: Mayor Manchester stated that Item No. 12 would be discussed at this time. 05 -07 -01 tc Page 7 Item No. 12: CALENDARS Change of Meeting Dates Council discussed Meeting dates for the months of June and July and requested that June Meeting dates be set for the 4 1 and 25 July Meeting dates were scheduled for the 9 16 and 23 Staff will prepare a Resolution setting the Regular Meeting dates for June and July, 2001. VLF Meeting Mayor Manchester stated that a Village Leadership Forum Sub Committee Meeting will be held on Friday, May 11, 2001, 10:30 a.m., to discuss retail in Snowmass Village. He requested that Council Members attend. Item No. 11: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /STATUS REPORT Fencing Purvis stated his appreciation to staff for their timely repair of fencing within the Town. Community Park Maintenance In response to an inquiry made by Purvis, the Town Manager explained that Staff will do routine, Spring turf maintenance at the Community Park after the end of Soccer season. Land Use Code \Lighting Regulation Purvis requested that regulation of lighting, sound and signs be more specific in the Town's Land Use Code. Staff will investigate language used by other jurisdictions regarding these items and schedule time on a future Council Meeting Agenda for policy discussion. Sunshine Law In response to an inquiry made by Mordkin, the Town Attorney explained the penalty associated with violation of the Sunshine Law. Droste Litigation The Town Attorney reported that two lawsuits have been filed by Droste against the Pitkin County Commissioners for inverse condemnations, which is a takings claim. A second Complaint includes the Board of County Commissioners, the individual Commissioners in their official capacities, the Town of Snowmass Village and Jim True as the Public Hearing Officer. He explained that the Town is mentioned because it may claim an interest in the 1999 Deed of Conservation 05 -07 -01 tc Page 8 Easement. There is no relief claimed and no relief to be granted, therefore, the Town Attorney will seek to have Snowmass Village removed from the case after the Town has been served a Summons. Entryway Sign Mayor Manchester reported that he attended a recent Pitkin County Board of Commissioners Meeting where the Commissioners approved First Reading of an Ordinance amending the Sign Code. The amendment will allow the Board to consider the Town's application for construction of a sign at the intersection of Highway 82 and Brush Creek Road. Second Reading is scheduled for May 9, 2001. Brush Creek Trail Manchester reported that he met with the Pitkin County Open Space and Trails Board to discuss funding for the Brush Creek Trail. The Board stated their support for the trail construction, although were hesitant regarding construction of the middle portion without first having obtained easements from landowners at the beginning and end of the trail alignment. The Board agreed to move forward with planning and engineering to the extent their budget would allow. Staff will work toward obtaining the easements from landowners on each end of the trail. A 1041 Hearing is tentatively scheduled for August 28, 2001, which could allow construction to begin during the Fall of 2001. Land Use Code \Height Limits Manchester informed Council that he has requested the Planning Director begin working on language addressing height limits within the Land Use Code. He has been informed by the Planning Director that height limits will be addressed immediately following finalization of current language changes regarding the Sign Code. Upcoming Sketch Plan Reviews The Planning Director stated that the Snowmass Center Expansion Joint Sketch Plan review is scheduled for the June 4, 2001 Council Meeting and the Chapel Expansion Sketch Plan review is scheduled for the June 11, 2001 Council Meeting. Gaunt Memorial The Community Development Director stated that a Memorial and Dedication Service for Kaye Gaunt would be held on Wednesday, May 9, 2001 at the Community Park. A park bench and a tree will be dedicated to in her memory. Gaunt was a 15 -year employee with the Town of Snowmass Village. 05 -07 -01 tc Page 9 Parking Lot B Staging Area The Planning Director reported that a sub contractor for the Snowmass Water and Sanitation District is using Parking Lot B as a dirt stockpiling area for Summer work on the Mountain. He reported that he has received an application for an Annual Temporary Use Permit from the Aspen Skiing Company which will be processed in the near future. Mordkin stated opposition to allowing construction staging areas within high visibility areas of the Town. AAB /SVRA Summer Activities The Assistant to the Town Manager reported that he met with Linda Sandels of the Arts Advisory Board (AAB) regarding Council's request that the AAB work with staff to increase Summer activities. Sandels suggested providing classical music at the Fanny Hill tent one evening per week. Shanks will meet with members of the AAB and Snowmass Village Resort Association (SVRA) to further discuss the issue and plan for Summer events. In response to a suggestion made by Virtue, the group will investigate an indoor facility to provide weekly movies. SVRA Information Mayor Manchester informed Council that he has requested a list of SVRA sub- committees, members and a calendar of scheduled SVRA Meeting dates. Item No. 13: EXECUTIVE SESSION DROSTE VS PITKIN COUNTY AND TOWN OF SNOWMASS VILLAGE TOWN MANAGER'S ANNUAL PERFORMANCE REVIEW At 6:40 p.m., Council Member Mordkin made a motion to convene to Executive Session for privileged Attorney /Client discussions regarding the Droste vs. Pitkin County and Town of Snowmass Village, and to conduct the Town Manager's annual performance review. Virtue seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. At 9:01 p.m. Mordkin made a motion to reconvene the Regular Meeting, 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. Item No. 14: 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 05 -07 -01 tc Page 10 opposed. The Meeting adjourned at 9:01 p.m. Council Member Mercatoris was on approved leave of absence. Submitted By, Tru•i Worline, Town Clerk