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09-04-01 Town Council MinutesItem No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: STAFF PRESENT: PUBLIC PRESENT: SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES SEPTEMBER 4, 2001 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, September 4, 2001 at 1:00 p.m. Mayor T. Michael Manchester, Douglas Mercatoris, Arnold Mordkin, Richard Virtue and Robert Purvis COUNCIL MEMBERS ABSENT: All Council Members were present. Gary Suiter, Town Manager; Steve Connor, Town Attorney; Hunt Walker, Public Works Director; Art Smythe, Chief of Police; Joe Coffey, Housing Manager; Marianne Rakowski, Finance Director; Carey Shanks, Assistant to the Town Manager; Chris Conrad, Planning Director; Robert Voigt, Senior Planner; Jim Wahlstrom, Senior Planner; Brian Olson, Police Sergeant; Trudi Worline, Town Clerk John Dresser, Gideon Kaufman, Richard Shaw, John Rex, Jim Horowitz, Gerd VanMoose!, Sherry Sanzone, David Bellack, Bill Kane, Don Schuster, Brent Gardner Smith, Doug Graybeal, Jerome Simecek and other members of the public interested in Agenda items for this Meeting. REGULAR AGENDA Item No. 2: RESOLUTION NO. 37 SERIES OF 2001 A RESOLUTION AUTHORIZING CONCURRENT REVIEW OF THE SNOWMASS CENTER EXPANSION SKETCH AND SNOWMASS CLUB PHASE II PRELIMINARY PLANS PURSUANT TO SECTION5-300 (B)(3) OF CHAPTER 16A OF THE MUNICIPAL CODE. 09 -04 -01 tc Page 2 Mercatoris made a motion to approve Resolution No. 37, Series of 2001, seconded by Virtue. The Planning Director explained that approval of this Resolution would allow Council to review both the Snowmass Center Expansion application as well as the Snowmass Club Phase II Preliminary PUD application during the course of this Meeting. He stated that no further review would occur on the Snowmass Center expansion until the Snowmass Club Preliminary Review is concluded at the end of September, 2001. After further discussion, the motion was approved by a vote of 5 in favor to 0 opposed. DISCUSSION AGENDA Item No. 3: SITE VISIT SNOWMASS CENTER REDEVELOPMENT At this time, Council left the Meeting room to tour the proposed Snowmass Center Redevelopment site. Jim Wahlstrom, Senior Planner stated that the Fire Department would also provide a demonstration of the area necessary for safety equipment accessibility. NOTE: The following item was included in the Town Manager's Report. Council chose to take this time to respond to staff comments presented to Council by Jose Santiago at a previous meeting. FOLLOW UP WITH DEPARTMENT HEADS Council Member Purvis expressed Council's reply to staff, stating their appreciation for staff's frank, thoughtful, intelligent series of comments provided to facilitator, Jose Santiago. Council discussed the issues and agreed to refrain from "shooting the messenger recognized the Town Manager as the channel of communication between staff and Council Members and stated that Council consensus and /or final decision could be determined by a majority rule of Council. Mayor Manchester explained that an effort is being made to improve functions of the Town and in order to be successful, it is necessary to maintain and improve the honest interaction between Council and staff. He encouraged staff to contact the Town Manager with any ideas or problems. The Manager would in turn, relay to the Mayor. He encouraged staff to request clarity if uncertain. Item No. 5: RECREATION FACILITIES REGULATIONS Art Smythe, Chief of Police, explained that he would like to introduce an Ordinance in the near future to address offenses that occur at our ski area and other recreational facilities. He further explained that the Town currently utilizes State laws and the County Court system to address the offenses, and by adopting local law, issues can be addressed more efficiently. Since the matters are of local concern, it would be more appropriate to have local law enacted and 09 -04 -01 tc Page 3 utilize the Town's Municipal Court system. After further discussion, Council directed Smythe to provide an Ordinance for Council review and consideration. Item No. 4: TOSV SIGN CODE (EXEMPT SIGNAGE) The Planning Director stated that the purpose of this discussion is to receive Council direction regarding a revised Sign Code and to provide policy direction to staff on exempt signage. He proposed that Council set a date for a site visit to the Mall area. Conrad proposed construction of a generic sign, designed by the Town for all realtors to utilize for the purpose of guiding the public to an "open house Council discussed and determined the definition of an "open house" for the purpose of using "open house" signs, requested that staff contact Rick Griffin for feedback from the real estate community, proposed management of the Sign Plan by the real estate community, discussed a suggestion that there be one open house per project per week, requested a system for the real estate community to notify the Town of open house locations, and requested that there be one main person to act as a contact for the Town within the real estate community. Council determined that they would meet at Snowmass Photo and Books on September 10, 2001, at 1:00 p.m. for a site visit of the Mall. Staff will invite Planning Commission Members as well as Mall landlords and John Humphrey, a representative of the Mall businesses. Council will discuss development leasing /rental signs, construction signs and special event signs at the September 10, 2001 Regular Meeting. NOTE: Manchester stated that a Public Non Agenda Item would be heard at this time. Item No. 7: PUBLIC NON AGENDA ITEMS Jim Horowitz, of Jazz Aspen /Snowmass reported that the Labor Day Jazz Festival was a success. Attendance for Saturday, September 1 was approximately 7,000 people, which included a large percentage of the younger generation and no major incidences. He reported that a goal to vacate the Festival area within 30 minutes after the last venue was successful. Horowitz reported that approximating one -third of the attendees arrived by car, and reported a high usage of the transit system. He further reported approximate attendance as 1,500 on Friday, 4,400 on Sunday and 4,000 on Monday. Virtue 09 -04 -01 tc Page 4 reported complaints that the area was overcrowded on Saturday. Horowitz agreed that 7,000 is maximum capacity for the area. Item No. 6: SNOWMASS CLUB PHASE H PUD Jim Wahlstrom, Senior Planner reported that the Planning Commission has reviewed the Preliminary Application and prepared a Resolution of recommendations for Council. He stated that all submission and Public Notice requirements have been met according to the Town's Municipal Code. Wahlstrom outlined the topics for discussion for this meeting including softball field /events area, zone district limitations, consistency with the Comprehensive Plan and review of the architectural plans. Don Schuster, representing the Snowmass Club, referred to a notebook of exhibits, which reflect changes requested by the Planning Commission and staff. During Sketch Plan Process, Council requested that the applicant investigate a means to provide an access to the golf clubhouse from Brush Creek Road and bring the driving range closer to the golf clubhouse. These requests have been accommodated in the plan and involve moving the softball field and filling in a pond. Sherry Sanzone provided an overview of the current proposed Phase II Preliminary Plan and provided a site map depicting the relationship of the existing ball field location in relation to the new proposed location slightly to the North. She stated that the area would accommodate the template layout required for Jazz/Aspen Snowmass festivals. Horowitz, of Jazz Aspen /Snowmass (JAS) requested that a legal drawing of the ball field (JAS festival area) be provided to the JAS Technical Director for review and approval. Wahlstrom suggested that the Town, JAS and the applicant agree on a minimum site acreage to be specified on the Plat. The group discussed possible locations for JAS Festivals during reconstruction of the ball field area. Schuster confirmed that future entitlement of this ball field area would be provided to the Town at such time when the Town processes the elimination of the land reservation restriction on land proposed for the future construction of golf course hole No. 1, as agreed upon during the Sketch Plan Process. Schuster explained that one of the proposed buildings is now partially located on Parcel 3 and requested a variance to exceed the 44 -foot height limit for the architectural improvement purposes. Staff requested that the applicant establish the height of the structure on historic grade as well as on the current grade, which was, established at the time the tennis courts were constructed and provide the information to staff by the next meeting. 09 -04 -01 tc Page 5 Gerd VanMoosel, requested a variance for the structure encroaching on the 25- foot setback requirement at the edge of the wetlands area, which has been approved by the Army Corp of Engineers, due to the need for emergency equipment access and to provide an acceptable situation of the proposed structure in relation to the Villas North housing. Schuster explained that the underground parking will improve current undesirable drainage into Brush Creek, and reported that the Corp of Engineers has agreed with improvement plans proposed for the Creek area. A Straw Vote, requested by David Bellack, indicated 3 Council Member would approve this request. Council discussed emergency access adjacent to the Villas North, encroachment onto the 30- percent slope, retaining walls, construction and landscaping of the fire access lane and consistency of the project with the Comprehensive Plan. Council took a break at this time to study the project model provided by the applicant. Doug Graybeal, architect, provided an overview of the proposed building interior and exterior designs, exterior materials and changes since Sketch Plan Review. He presented view planes and explained changes to the exterior of the tennis building to address concerns expressed by Council. Council reviewed the schedule for discussion at the September 17, 2001 Meeting. The Planning Director reported that the applicant has requested approval to commence construction on the golf course prior to Final PUD approval. He stated that an Ordinance would be provided for Council consideration on September 17, 2001. After further discussion, Council requested a Meeting on September 24, 2001 to allow for further review and consideration of the Preliminary Plan Resolution and to accommodate Second Reading of the Ordinance whereby the applicant would be requesting to commence construction. A Resolution will be provided to Council on September 10, 2001 to allow a Regular Council Meeting on September 24. REGULAR AGENDA CONTINUED 5:00 P.M. NOTE: Mayor Manchester determined the order of Agenda items to allow set -up for presentation of Item No. 8. Item No. 7: PUBLIC NON AGENDA ITEMS There were no Public Non Agenda items. Item No. 9: APPROVAL OF 07- 23 -01, 08 -06 -01 and 08 -13 -01 COUNCIL MEETING MINUTES 09 -04 -01 tc Page 6 Virtue made a motion to approve the Meeting Minutes as listed above. Mercatoris seconded the motion. Mordkin requested that on Page 3, last paragraph, first sentence in the Minutes of 08- 13 -01, the words "Planning Commission" be changed to "Town Council He also requested that on Page 5, the blank space be removed from the second to the last paragraph. The Town Attorney requested that on Page 6 of the 08 -13 -01 Minutes, a notation be written under the Item heading Executive Session, stating that the Minutes of the Executive Session were audio recorded and are in the possession of the Town Attorney. There being no further changes or additions, the Minutes were approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 10: MANAGER'S REPORT Manager Documents /2002 Projects The Town Manager referred to a revised Town Manager Job Description, Performance Standards and a revised 2001 Project Chart included in the information provided for this Meeting. He requested comments as well as a date to meet with Council to finalize the documents. Housing Issues The Town Manager stated that violations of the Housing Guidelines are being addressed administratively or by the Housing Committee as deemed appropriate. He explained that the Housing Committee will provide comments and recommendations to Council at a Meeting in the near future. Item No. 8: PUBLIC HEARING RESOLUTION NO. 34, SERIES OF 2001 CONSIDERATION OF A RESOLUTION PUD SKETCH PLAN AUTHORIZING PROCEEDING TO A PRELIMINARY PLAN SUBMISSION TO REDEVELOP AND EXPAND THE SNOWMASS CENTER; PROVIDING OFFICE SPACE, INCREASING THE SIZE OF THE COMMERCIAL AREA AND PARKING FACILITIES, AND ADDING RESIDENTIAL USES IN THE CENTER, BEHIND THE CENTER, AND TO THE NORTHEAST OF THE CENTER ONTO THE FARAWAY RANCH NORTH PARCELS B, F, H and H -1 Mayor Manchester opened the Public Hearing at 6:07 p.m. Wahlstrom stated that all Public Hearing Notification and submission requirements have been met according to the Snowmass Village Municipal Code. He provided information related to previous discussions on this submission held on August 13 and 20, 2001. Manchester stated that a Resolution was approved earlier during this Meeting, which allows concurrent reviews of this application and the Snowmass Club application for this Meeting. 09 -04 -01 tc Page 7 Richard Shaw of Design Workshop, provided information related to the Comprehensive Plan and the area proposed for redevelopment. He provided Comprehensive Plan maps of the Town Core, Future Land Use and Faraway North CIP and identified existing inconsistencies. Manchester, reporting that he was involved in the most recent Comprehensive Planning process, provided background on the intention of Council for this site at the time of the Comprehensive Plan adoption process. Council discussed the proposed access to Parcels H and H1. Shaw requested a straw vote for construction of the access road, which he explained to be the only available access to the proposed single family housing units, and which is proposed for construction on 30- percent slopes. Due to the statement made by the applicant that the residential construction would be the economical factor necessary to support the remaining redevelopment proposed, Council suggested the applicant investigate a possible increase in structure height at the current Snowmass Center location, an alternate parking plan or a reduction in the number of residential units in an attempt to avoid the need for construction on 30- percent slopes. John Dresser, representing the Woodbridge Condominium Homeowners Association, stated that his client would be in favor of additional density within the Snowmass Center area to provide the economic engine needed by the developer, and requested that no development occur on Parcels H and H1. In light of the owner's right to develop, he stated a preference for single family housing construction, although a lesser number than proposed, rather than multi- family housing in the area of question. Dresser also stated that regardless of development, the Association stresses the need to address the drainage problem in that area. Jerome Simecek, representing Snowmass Mountain Condominium Homeowners Association, stated that his Association prefers construction of single family homes rather than multi family structures, although has concerns regarding the location of the settlement pond in relation to Lots 7 and 8 in parcels H1. He stated that multi family dwellings would increase light pollution and ridge height would be increased. The Association has expressed their desire to work with the landowner regarding alternative access to the residential area through Snowmass Mountain's driveway. Shaw explained that the offer from Snowmass Mountain was for the applicant to provide additional parking spaces for Snowmass Mountain residents along the road, which when studied, would create an unacceptable demand on the roadway and access would still have an impact on 30- percent slopes. The Planning Director stated that the upper two residential building locations encroach onto Open Space land. 09 -04 -01 tc Page 8 Mayor Manchester stated his concern regarding the proposed location of the access road, visual impact, retaining walls, as well as the construction of and number of single family structures. He stated the need for a relationship between this development and the Base Village area, envisioning a similar architectural scale, density and character anticipated for the Base Village area. He also stated his willingness to work toward making this project a more acceptable proposal. Purvis questioned if the applicant would be willing to investigate an alternative plan which would address Council's concerns. Shaw stated that there may exist the possibility to study a project whereby the applicant could identify creation of an economic engine for the project generated at the Center, and attempt to resolve the access problem or eliminate it. He proposed a tentative date of October, 2001 to meet with Council and further explore the ideas in an attempt to make it a workable redevelopment program. In response to an inquiry from Shaw, Mercatoris stated that in all probability, there would be additional threshold issues to discuss when the entire project is reviewed by Council. Manchester stated that he felt parking to be a waste of space and suggested that the applicant investigate a means for alternative mobility, which may eventually be tied to the Base Village area as well as to existing shops and restaurants. Conrad outlined the schedule for review of PUD applications in October and assured the applicant of their ability to resume "high priority" status for review of a revised plan at that time. Virtue expressed Council's appreciation and stressed the importance of the Center's commercial area to the Town. Wahlstrom requested that the Public Hearing be closed and re- noticed ten days prior to the Meeting date when Council will review the revised plan. Mayor Manchester closed the Public Hearing at 7:10 p.m. Item No. 10: MANAGER'S REPORT cont'd Town Manager's Job Description /Project List Manchester stated his approval of the revised Manager's Job Description and Council's Project List. Top of the Village (TOV) /Snowmelt Road The Town Manager requested Council comments regarding a letter sent from the Town to Top of the Village Homeowners Association, outlining the strategy for re- construction of Snowmelt Road. The letter strives to reach a middle ground with TOV, based on a premise that the Town would vacate the driveways and retain ownership of the Road. 09 -04 -01 tc Page 9 VLF Update The Assistant to the Town Manager provided an update on the Village Leadership Forum (VLF) budget and expenses. He stated that the total amount of expenditures to date is approximately $48,000. He estimated approximately $85,000 to $90,000 for a total amount at completion of the process. Purvis requested a Scope of Work and a list of the incremental expenditures from this date to the end of the process. Council requested the outline be included in the information packet at the next Council Meeting. Item No. 11: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /STATUS REPORT Snowmelt Road Re- Construction In response to an inquiry from Mordkin, the Public Works Director stated that due to impracticalities, re- construction of Snowmelt Road would begin in the Spring of 2002. He has requested that the Snowmass Water and Sanitation District complete necessary infrastructure in 2001. Parcel "F" Parking Mordkin reported that vehicles are driving around the boulder barricade, set to deter parking in Parcel "F The Community Development Director reported staff plans to provide Council with a proposal to provide a parking area and reduce some of the impact on area wildlife. The proposal will include moving the parking area, which would be located partially on Town property and partially on Snowmass Land Company property. Motorcycle Trail! Manchester reported a citizen complaint of people parking on his property to access a skiing easement next to his home. More recently, a motorcyclist under contract to Dee Bolina, who is conducting wildlife monitoring research on the trail, was using the skiing easement to access the Tom Blake Trail. Staff reported that the Police Department was notified of the infraction and Bolina was notified by an Animal Control officer. Water Park Mordkin reported that a kids survey discussed at the recent Snowmass Resort Association (SRA) Board Meeting, determined that a water park was one of the top "things to do" while on vacation. He requested that the Town continue in their efforts to develop a water park in Snowmass Village. He suggested an open water park that would be tented and heated for Winter use. 09 -04 -01 tc Page 10 Alpine Slide Mordkin requested that the Town consider and investigate construction of an Alpine Slide in Snowmass Village such as he recently experienced in Steamboat Springs. He suggested that a Slide would not be visible and would increase use of the Summer Chairlift rides and other Summer activities on the Mountain. Golf Cart Overpass Mercatoris inquired about the concrete face of the underpass for golf carts near the Snowmass Club. He requested a more aesthetic facing for the underpass be included as a request in the Snowmass Club Phase II redevelopment proposal. SVRA/Council Representative Meeting Mercatoris reported that at a recent SVRA Board Meeting, the group proposed a meeting with Council Members regarding the future actions and responsibilities of SVRA. Council Members agreed that Mercatoris and Manchester act as representatives of Council to meet with the Executive Committee of the Board to discuss the issues. Manchester reported that he received good support regarding a suggestion on how to transition SVRA into an organization that represents the entire Town. The group discussed numerous policy issues including a concept whereby a Sales Tax would replace the SVRA Civic Assessment Tax. He encouraged Council to attend the SVRA quarterly meetings. Manchester explained that the Board provided a videotape of discussions held with a facilitator regarding various marketing plans. He provided other information discussed at what he reported to be a very good meeting. Mercatoris suggested that copies of the surveys be obtained from SVRA. Manchester stated that a budget was approved, although it will be rewritten and readopted in October. Walsh Residence Virtue stated that the owners of the Walsh residence that burned last year have received a Building Permit to replace the structure. He questioned a need for the owners to meet further requirements. He stated that the Divide Homeowners Association did not receive notice of plans to proceed with construction. The Town Attorney advised that the Divide Homeowners Association contact the owner in question. RFTA Staging Area In response to an inquiry from Virtue, the Public Works Director stated that construction would begin within the week to provide a more acceptable staging 09 -04 -01 tc Page 11 area for Roaring Fork Transportation Authority (RFTA) buses on Brush Creek Road near Creekside. The area will allow staging for two buses. Brush Creek Fencing Manchester commended staff on maintenance of the fence along Brush Creek Road. The Community Development Director reported that the project would continue upon receipt of additional wood sealant. Staff will contact the owner and request repair and maintenance of the fencing located on the opposite side of the Road, which is not owned by the Town. Mercatoris requested that staff investigate the Town taking on the responsibility of maintaining fencing on both sides of the Road. Hwy. 82 /Brush Creek Road Intersection Sign In response to an inquiry from the Mayor, the Community Development Director reported that issues have arose regarding lighting of the sign to be constructed at the intersection of Highway 82 and Brush Creek Road. A request made to Pitkin County to allow the Town to proceed with excavation and foundation construction while the lighting issue is being resolved has been approved. Item No. 12: CALENDARS Ribbon Cutting Ceremony The Community Development Director requested a date when Council Members would be available to attend a Ribbon Cutting Ceremony for the Stream Restoration and Pocket Parking project along Brush Creek Road at Seasons Four Condominium area. Staff will coordinate with the Mayor and notify Council Members. Item No. 13: EXECUTIVE SESSION Mayor Manchester stated the following: At this time it is the intent of the Town Council to adjourn the public meeting currently in progress and convene an executive session, which will be closed to the public. The topic discussed in the executive session will be: Conference with the Town Attorney or special counsel for the Town for the purpose of receiving legal advice on specific legal questions regarding Rodeo property acquisition negotiations, Woodrun V Litigation and the Droste Litigation. However, no adoption of any proposed policy, position, resolution, rule, regulation or formal action shall occur at any executive session. Colorado revised Statues 24 -6 -402 (4) (b) and Snowmass Village Municipal Code Chapter 2, Article III, Section 2 -45 (c) (2) Executive Sessions. 09 -04 -01 tc Page 12 At 7:50 p.m. Mercatoris made a motion to convene to Executive Session for the purposes stated above by the Mayor. Virtue seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. At 9:02 p.m. Mercatoris made a motion to reconvene the Regular Meeting, seconded by Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. The Executive Session was audio recorded and the audiotape is in the possession of the Town Attorney. At 9:04 p.m., Mayor Manchester stated that this Meeting would be continued to September 6, 2001 at 5:00 p.m. CONTINUATION OF 09 -04 -01 REGULAR SNOWMASS VILLAGE TOWN COUNCIL MEETING SEPTEMBER 06, 2001 Mayor Manchester reconvened the Regular Meeting of September 4, 2001 continued to September 6, 2001 at 5:05 p.m. Item No. 11: DISCUSSION continued COMMITTEE REPORTS /COUNCIL COMMENTS /STATUS REPORT Jazz Aspen /Snowmass Events Center Manchester reported that he and Council Member Mordkin met with representatives of the Horse Ranch Homeowners Association, Jazz Aspen /Snowmass, Guy DeCarlo, John Sarpa, and an architect representing Jazz Aspen interests, to discuss a variety of issues surrounding the Rodeo area, Seven Star Ranch, the Entryway to Snowmass, golf reservation lands, etc. The group discussed a location for Jazz Aspen to build a structure for indoor events. Jazz Aspen provided plans for a structure that would seat 300 people. The group will continue to pursue the issue and meet on a regular basis. Item No. 13: EXECUTIVE SESSION continued Mayor Manchester stated the following: At this time it is the intent of the Town Council to adjourn the public meeting currently in progress and convene an executive session, which will be closed to the public. The topic discussed in the executive session will be: 09 -04 -01 tc Page 13 Conference with the Town Attorney or special counsel for the Town for the purpose of receiving legal advice on specific legal questions regarding Rodeo property acquisition negotiations and Woodrun V Litigation. However, no adoption of any proposed policy, position, resolution, rule, regulation or formal action shall occur at any executive session. Colorado revised Statues 24 -6 -402 (4) (b) Snowmass Village Municipal Code Chapter 2, Article III, Section 2 -45 (c) (2) Executive Sessions. At 5:15 p.m. Mercatoris made a motion to convene to Executive Session for the purposes stated above by the Mayor. Purvis seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. At 6:20 p.m. Mercatoris made a motion to reconvene the Regular Meeting, seconded by Purvis. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 14: ADJOURNMENT At 6:20 p.m. Mercatoris made a motion to adjourn the Meeting, seconded by Purvis. The motion was approved by a vote of 5 in favor to 0 opposed. Submitted By, Trudi Worline, Town Clerk