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07-09-01 Town Council MinutesSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES JULY 9, 2001 Mayor Pro Tem Douglas Mercatoris called to order the Regular Meeting of the Snowmass Village Town Council on Monday, July 9, 2001 at 3:05 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: Mayor T. Michael Manchester STAFF PRESENT: PUBLIC PRESENT: Item No. 2: FAMILY AQUATIC CENTER Mayor Pro Tem Douglas Mercatoris, Arnold Mordkin, Richard Virtue and Robert Purvis Gary Suiter, Town Manager; Hunt Walker, Public Works Director; Craig Thompson, Community Development Director; Steve Connor, Town Attorney; Chris Conrad, Planning Director; Larry Green, Wildlife Specialist; Trudi Worline, Town Clerk Dan Baharav, Guy DeCarlo, John Rex, Madeleine Osberger, Doug Mackenzie, Joe Windsor, Peggy Russell, Victor Gerdin and other members of the public interested in Agenda items for this Meeting. As directed previously by Council, the Town Manager provided several concepts of swimming pools as well as costs, which had been constructed at various municipalities. He explained that the Town has $400,000 in reserve to be used toward the design and construction of a community pool. Council discussed the need to hire a consultant and the size and type of pool to meet the needs of the Town. After further discussion Council requested that staff provide information and cost estimates at the July 16, 2001 Council Meeting for a smaller community pool that would be appropriate for Snowmass Village. Council also requested that staff contact the Horse Ranch Homeowners Association regarding use of their land as a location for a pool and determine the tasks necessary to complete construction of a pool. Council also requested that staff provide Mercatoris with a schematic of the pool at Whistler, which was visited by Council during a tour of resort areas. 07 -09 -01 tc Page 2 Item No. 3: EXCISE TAX/DUPLEX UNITS DISCUSSION Peggy Russell, co -owner of Lot 3, Ridge Run Unit I, requested that Council initiate a proposal to place a question on the November, 2001 election ballot, requesting voter approval to amend the Excise Tax provisions to include duplex units. The Planning Director explained that the current language of the Excise Tax, approved by the voters at the November 2, 1999 Snowmass Village Special Election, allows detached single family residences the opportunity to acquire limited, additional floor area for their properties. The Excise Tax language does not apply to duplex units. Staff informed Council that the reason duplex units were excluded from the provisions of the Excise Tax was to modify the increase in neighborhood density. After further discussion, Council majority denied the request. Mercatoris informed Russell of the Citizen's Initiative process available to further pursue her interests. Item No. 4: WILDLIFE ENHANCEMENT MANAGEMENT PLAN REPORT Larry Green, Town Wildlife Specialist, presented the Aspen Skiing Company (ASC) and Snowmass Land Company (SLC) Wildlife Enhancement and Management Plan (WEMP) accomplishments during the year 2000. He explained that when the Two Creeks /The Pines and the Snowmass Ski Area Master Plans were approved in 1994, both included WEMPs, the accomplishments of which were to be reviewed by Council annually. Green outlined enhancement goals accomplished during the summer of 2000 as well as some year 2000 goals that are ongoing. He commented on the increase of the local elk herd and status of the bird population. He also commended both entities on the success of their Weed Management Plan. Council requested that all Homeowner's Associations in the Village be notified of the Weed Management Plan. Dan Baharav, Wildlife Specialist, and Joe Windsor of ASC, outlined the progress of noxious weed control and creation of diversified plant life in the subject areas. Green stated his approval of the wildlife enhancement efforts made by both entities. Mercatoris stated that any further public or Council comments could be made during Item No. 8 on the Agenda for this Meeting. Item No. 5: BREAK Council agreed to continue with the Agenda without a break. Item No. 6: PUBLIC NON AGENDA ITEMS There were no Public Non Agenda items. 07 -09 -01 tc Page 3 Item No. 7: APPROVAL OF 06 -11 -01 COUNCIL MEETING MINUTES Virtue made a motion to approve the Minutes of June 11, 2001, seconded by Mordkin. There being no changes or additions to the Minutes, the motion was approved by a vote of 4 in favor to 0 opposed. Mayor Manchester was absent. Mordkin requested that the Minutes be further condensed in the future. Item No. 8 RESOLUTION NO. 32, SERIES OF 2001 A RESOLUTION EXPRESSING APPRECIATION TO THE SNOWMASS LAND COMPANY FOR THEIR DEDICATION TO ENHANCE LOCAL WILDLIFE POPULATIONS THROUGH THE DEVELOPMENT, IMPLEMENTATION AND COMPLETION OF TWO CREEKS /THE PINES WILDLIFE ENHANCEMENT MANAGEMENT PLAN Mercatoris made a motion to approve Resolution No. 32, Series of 2001, seconded by Purvis. Mercatoris stated appreciation from Council, staff and the community to the SLC and all who were involved with accomplishments made throughout the required duration of the WEMP. Mercatoris read the Resolution of appreciation in its entirety and presented Guy DeCarlo, representing SLC, with a framed copy of the Resolution. Mercatoris called the question and the Resolution was approved by a vote of 4 in favor to 0 opposed. Mayor Manchester was absent. In response to an inquiry made by John Rex, a Snowmass Village resident, Mercatoris stated that the Resolution would be submitted to the newspaper for an article to be published in the near future. Item No. 9: PUBLIC HEARING AND ACTION RESOLUTION NO. 31, SERIES OF 2001 TO RECEIVE PUBLIC COMMENT AND COUNCIL CONSIDERATION OF A RESOLUTION CONCERNING AN ANNUAL TEMPORARY USE PERMIT FOR THE ASPEN SKIING COMPANY TO ALLOW DIRT STORAGE AND GRADING ACTIVITIES ON LOT 44, DIVIDE SUBDIVISION Mayor Pro Tem Mercatoris opened the Public Hearing at 4:20 p.m. The Planning Director requested that this Item be delayed until the applicant arrived at the Meeting. Mercatoris stated that this Item would be postponed until the applicant arrived. Item No. 10: RESOLUTION NO. 24, SERIES OF 2001 CONSIDERATION OF A RESOLUTION AUTHORIZING EXPENDITURE OF A PORTION OF THE ECONOMIC RESERVE FOR THE TOWN OF SNOWMASS VILLAGE GENERAL FUND 07 -09 -01 tc Page 4 The Town Manager stated that the Resolution has been revised per Council direction during a previous discussion of the proposed Resolution language. He explained that approval of this Resolution would allow expenditure of Economic Reserve funds up to $113,500, which is approximately one -half of the projected sales tax revenue shortfall for 2001. The funds would be used to offset General Fund expenses. The Resolution requires a two thirds majority vote of Council. There being no further discussion, Virtue made a motion to approve Resolution No. 24, Series of 2001, seconded by Mordkin. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Manchester was absent. Item No. 11: SECOND READING ORDINANCE NO. 13, SERIES OF 2001 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE BY THE ENACTMENT OF REGULATIONS CONCERNING THE REPAIR, REHABILITATION, DEMOLITION OR REMOVAL OF UNSAFE BUILDINGS Mercatoris requested that the Ordinance Heading, as listed on the Agenda, be corrected to read "Consideration of Second Reading..." There being no further discussion, Mordkin made a motion to approve Second Reading of Ordinance No. 13, Series of 2001, seconded by Virtue. A roll call vote was taken and Second Reading was approved by a vote of 4 in favor to 0 opposed. Mayor Manchester was absent. COUNCIL RETURNED TO: Item No. 9: PUBLIC HEARING AND ACTION RESOLUTION NO. 31, SERIES OF 2001 TO RECEIVE PUBLIC COMMENT AND COUNCIL CONSIDERATION OF A RESOLUTION CONCERNING AN ANNUAL TEMPORARY USE PERMIT FOR THE ASPEN SKIING COMPANY TO ALLOW DIRT STORAGE AND GRADING ACTIVITIES ON LOT 44, DIVIDE SUBDIVISION Mayor Pro Tem Mercatoris informed the applicant of the open Public Hearing. The Planning Director stated that the Public Hearing was advertised in the Snowmass Village Sun on June 20, 2001, in accordance with the Snowmass Village Municipal Code. He requested that language be included in the Resolution which states that the applicant will use the excess dirt for ski area construction by April of 2002. Victor Gerdin, of the ASC, explained the construction project related to the application. After further discussion Purvis made a motion to approve Resolution No. 31, Series of 2001, as amended. 07 -09 -01 tc Page 5 Virtue seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Manchester was absent. Mercatoris closed the Public Hearing at 4:30 p.m. Item No. 12: FIRST READING ORDINANCE NO. 15, SERIES OF 2001 AN ORDINANCE AMENDING AND RESTATING SECTION 2 -45 OF THE MUNICIPAL CODE CONCERNING EXECUTIVE SESSIONS The Town Attorney referred Council to his communique comments included in the packet for this Meeting. There being no further discussion, Virtue made a motion to approve First Reading of Ordinance No. 15, Series of 2001, seconded by Mercatoris. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Manchester was absent. Item No. 13: FIRST READING ORDINANCE NO. 17, SERIES OF 2001 AN ORDINANCE AMENDING SECTION 2 -71 OF THE MUNICIPAL CODE DESIGNATING THE COMMUNITY DEVELOPMENT DEPARTMENT AS THE DEPARTMENT RESPONSIBLE FOR BUILDING AND PLANNING ACTIVITIES WITHIN THE TOWN The Town Attorney explained that this Ordinance amends Section 2 -71 of the Municipal Code, to reflect the department name change from "Building and Planning" to "Community Development There being no further discussion, Mordkin made a motion to approve First Reading of Ordinance No. 17, Series of 2001, seconded by Virtue. The motion was approved by a vote of 4 in favor. to 0 opposed. Mayor Manchester was absent. Item No. 14: MANAGER'S REPORT Woodrun V Litigation The Town Manager reported that the Town has been served with a lawsuit filed by the Woodrun V Townhouse Corporation, claiming title to and interest in the existing dumpster site. The Town is required to respond to the Complaint by July 23, 2001. He stated that a copy was provided to the Mayor and that copies would be made to Council Members upon request. Executive Session The Town Manager explained that an Executive Session would be scheduled at the end of the July 16, 2001 Regular Town Council Meeting to discuss the Woodrun V lawsuit as well as negotiations regarding the Town's purchase of the Rodeo property. 07 -09 -01 tc Page 6 Revised Status Report The Town Manager referred to the revised Status Report included in the packet information for this Meeting and requested feedback from Council. Elected Officials Transportation Committee Meeting (EOTC) The next Elected Officials Transportation Committee Meeting is scheduled for Thursday, July 19, 2001 in the Snowmass Village Town Council Chambers. Pre Budget Meeting In response to an inquiry from the Town Manager, Council requested that a pre budget meeting date for Council and staff be identified at the July 16, 2001 Council Meeting. The Budget Meeting discussions will include a budget overview, sales tax assumptions and policy issues. Item No. 15: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /STATUS REPORT Item No. 16: CALENDARS -AND- Item Nos. 15 and 16 were discussed as one item. Jury Duty Mercatoris reported that he has been summoned for Jury Duty on July 16, 2001, therefore he may be absent from the Regular Council Meeting on that date. Highway 82 /Brush Creek Road Sign Mercatoris encouraged Council Members to attend the Pitkin County Commissioners Meeting on Wednesday, July 11, 2001, at which time the County will consider a Town request to construct a sign and landscaping at the intersection of Highway 82 and Brush Creek Road. Staging in Lot "C" Mordkin requested an update on the status of the dirt staged in Parking Lot "C Lights Out! Mordkin requested that the lights be replaced on the "Welcome" sign just outside the Town limits. Employee Housing Infraction Mordkin referred to a memo from Hunt Walker, Horse Ranch Homeowner's Association Board member, regarding a possible infraction of the Crossings 07 -09 -01 tc Page 7 Employee Housing Guidelines whereby a homeowner owns other properties within an area restricted to owners of employee housing in Snowmass Village. After further discussion, Council requested that the issue be discussed by the Housing Committee, and that the Committee provide a recommendation to Council. Housing Public Meeting An Employee Housing public meeting is scheduled for July 17, 2001 at 5:30 p.m. in the Snowmass Village Council Chambers. Topics of discussion include seniority, retirement and family priority. Virtue stated that vacancies have occurred on the Committee, and requested that anyone interested in serving on the Board attend the Meeting. Operational Indicators Report Purvis stated that staff has provided the Operational Indicators Report for April, 2001. He requested that in the future, the document be included in the Manager's Report with comments provided for any "buzz" items contained in the Report and identification of any items which may be possible trends. He also requested that staff remove items from the Report that do not include data, or acquire and include the missing data in the Report. Sackariason Letter Virtue requested that a letter be mailed from Council to Carolyn Sackariason, who recently resigned as Publisher of the Snowmass Village Sun and relocated to California. Staff will draft the letter for the Mayor's signature. A copy of the letter will be submitted to the Snowmass Village Sun to be printed as a Letter to the Editor. Town Information Newspaper Article In response to an inquiry made by Mordkin, the Town Manager explained that the Town information column would reappear in the August Snowmass Village Sun. Highline Trail In response to an inquiry made by Purvis, the Public Works Director explained that the Town has been cleaning Lower Highline Trail. Entry to the new Highline Trail is located just above the intersection of Highline and Owl Creek Roads. Assistant Town Manager Takeover The Town Manager informed Council that he would be out of the office for a few days the week of July 30. The Assistant to the Town Manager will be available for contact. 07 -09 -01 tc Page 8 Trail Blockage Purvis requested that staff investigate a blockage on the trail that extends from Oakridge Road to Bridelpath Lane. Slate Trail In response to a concern stated by Virtue, staff will place signage indicating "Pedestrians Only" on the Slate Trail. Item No. 17: ADJOURNMENT There being no further business, Virtue made a motion to adjourn the Meeting, seconded by Purvis. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Manchester was absent. The Meeting adjourned at 5:17 p.m. Submitted By, Trudi Worline, Town Clerk