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09-17-01 Town Council MinutesMayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, September 17, 2001 at 1:39 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: PUBLIC PRESENT: NOTE: SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES SEPTEMBER 17, 2001 All Council Members were present. Gary Suiter, Town Manager; Carey Shanks, Assistant to the Town Manager; Jim Wahlstrom, Senior Planner; Robert Voigt, Senior Planner; Art Smythe, Chief of Police; Hunt Walker, Public Works Director; Marianne Rakowski, Finance Director; John Baker, Road Department; Chris Conrad, Planning Director; David Peckler, Transportation Manager; Nick Tucker, Computer Specialist, Donna Garcia Spalding, Secretary /Records Manager; Craig Thompson, Community Development Director; Bernadette Barthelenghi, Landscape Architect; Trudi Worline, Town Clerk Don Schuster, Madeleine Osberger, Dave Spence, John Rex, Rick Griffin, Linda SandeIs, Amanda Boxtell, Dan Alpert, Bill Kane, Gerd VanMoorsel, Jim Horowitz and other members of the public interested in Agenda items for this Meeting. DISCUSSION AGENDA Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue and Robert Purvis Mordkin arrived at 1:45 p.m. and left the Meeting at 3:15 p.m. Mayor Manchester stated that the photograph of Council Members has been postponed due to current weather conditions. 09- 17 -01tc Page 2 of 9 Item No. 3: TOSV SIGN CODE (EXEMPT SIGNS) The Planning Director requested Council feedback regarding a revised Sign Code specific to development leasing rental signs, construction signs including signs on trailers, vehicles and equipment, and garage sale or special event signs. After further discussion, this item was continued to later in the Meeting. Item No. 2: SNOWMELT ROAD DISCUSSION Public Works Director Hunt Walker stated that staff is finalizing the Scope of Work for the Snowmelt Road reconstruction project. He explained that Council approved reconstruction of Snowmelt Road from Elbert Lane to the Top of the Village during the 2001 Budget process. Reconstruction of the TOV section was planned as a future project. Since that time, leaks have developed in the snowmelting mechanism in the TOV section of the Road and staff is concerned that the mechanism may fail during the upcoming Winter season. He proposed that the reconstruction include the TOV section of the Road and ramps of roads intersection Snowmelt Road planned be included in the 2001 reconstruction. This proposal would realize a cost savings for the Town since the contractor would only need to mobilize one time and construction costs would be ahead of next year's inflation prices. Walker provided estimated costs and reported the plan to have one lane of traffic open by June 1 and both lanes open by June 15 of 2002. Walker proposed that the Town borrow funds from the Real Estate Transfer Tax (RETT) Fund to pay for the TOV section and the ramps construction. He recommended that the Town continue the existing 5 Mill Levy through the year 2006, at which time the Road Fund would be able to pay back the loan to the RETT fund. The Town must comply with the 3.8M cap set by the Initiative Ordinance No. 1, Series of 2000, and an Election question would need to be considered. Firm costs will be presented at Council's October 1, 2001 Regular Council Meeting. The radius and sight distance of the Road would also be improved around the RFTA bus stop. After further discussion Council directed staff to proceed with the project as proposed. Council will make a final decision once a firm cost amount is determined. Council also directed staff to consult the Town Attorney regarding the need for an Election in order to proceed with the project and that staff investigate other funding possibilities other than a loan from the RETT Fund. Item No. 3 Cont'd: TOSV SIGN CODE (EXEMPT SIGNS) Council provided an update on Item No. 3 for Rick Griffin, who was not present for the discussion held earlier at this Meeting. Griffin stated his concern regarding real estate and open house signage as it relates to Council's definition 09- 17 -01tc Page 3 of 9 of an open house. Purvis requested that Griffin provide language defining and open house as Council strives to provide definitions for events requiring signage. After further discussion, Council provided direction to staff. This issue will be further discussed at future Council Meetings. Item No. 4: CITIZENS GRANT REVIEW BOARD GRANT RECOMMENDATIONS Linda Sandels and Dan Alpert of the Citizen Grant Review Board (CGRB) explained that the Board limited the total Grant funding amount to $91,000, in light of the Town's current economic constraints and explained the process conducted by the CGRB for qualification and determination of the individual recommended Grant amounts. She requested that if Council chooses to decrease the amounts recommended, that all applicants receive the same percentage of reduction across the board. Council discussed equality of each organization as they provide a contribution to the Town and asked that the budgeted amount for Grant funding be compared in context to the General Fund during the upcoming Budget review process. Sandees offered the Board's assistance during upcoming discussion on grants funding and requested that the CGRB be notified of Council philosophical issues that could assist the Board during future Grant review deliberations. Item No. 5: TECHNOLOGY UPDATE Nick Tucker, Computer Specialist for the Town, provided an update on the status of the Town's technology. He reported that the Town now has T1 high -speed connections to the Internet. For future planning he reported that time constraints equate to approximately one year for T1 line installations and relocation of the Town offices would require planning. Mayor Manchester stated that he considered it significant to have a T1 line connection to Council Chambers. Tucker explained that the current software upgrade for the AS400 expires at the end of September, 2001, and another upgrade is necessary or the Town will lose all upgrade investments made to date. The Finance Director stated that the upgrade would cost approximately $36,000, financing for which has been set aside in the Reserve Fund. She requested Council approval to proceed with the purchase. Council requested that staff investigate alternative software programs and related costs for future Council review and discussion. Council took a 5- minute break at this time. Tucker provided a review of the Town's Internet Website. Mayor emphasized the importance, and requested that the Town develop a more user friendly, informative and attractive Website to assist with marketing the Town and provide a location where the public can obtain Town forms and information. He also 09- 17 -01tc Page 4 of 9 stated that lack of access to the Internet in Council Chambers incapacitates its use as an aid for Council. Tucker stated that staff time and financing are the obstacles preventing the Town from meeting these goals. In response to an inquiry made by Purvis, Tucker stated that the goal is to have a new Town Website completed and available by the end of the year 2001. The Town Manager provided an update on the history and costs for developing the new Town Logo. The Finance Director stated that there are no funds currently available in the 2001 Budget to enhance the Website. REGULAR AGENDA 4:00 P.M. NOTE: The following item was not listed on the Agenda for this Meeting. Item No. 5a: PROCLAMATION NO. 01, SERIES OF 2001 PROCLAIMING RECOGNITION AND HONOR FOR THE EMERGENCY SERVICE PERSONNEL, GOVERNMENT EMPLOYEES AND CIVILIANS KILLED OR WOUNDED IN THE RECENT TERRORIST ATTACKS AND CONDEMNING THOSE ATTACKS UPON THIS COUNTRY Mayor Manchester introduced Proclamation No. 01, Series of 2001 and read the document in full, proclaiming the Town of Snowmass Village's recognition and honor for those killed or wounded, and condemning the September 11, 2001 terrorist attacks on the United States. Item No. 6: PUBLIC NON AGENDA ITEMS There were no Public Non Agenda items. Item No. 7: PUBLIC HEARING AND DISCUSSION SNOWMASS CLUB, PHASE II, PRELIMINARY PUD TO RECEIVE PUBLIC COMMENT AND DISCUSSION CONCERNING THE PRELIMINARY PLAN PUD AMENDMENT FOR THE SNOWMASS CLUB PHASE II DEVELOPMENT PROPOSAL, INCLUDING THE CONDOMINIUMIZATION OF 21 MULTI FAMILY UNITS INTO 1/8 SHARE TIMESHARES VIA A SUBDIVISION EXEMPTION. Mayor Manchester opened the Public Hearing at 4:11 p.m. Senior Planner Jim Wahlstrom summarized the issues for discussion at this Meeting. Council discussed the natural hazard areas, natural resource areas, necessary facilities, fiscal impact, energy conservation, air quality, construction management plan, community welfare and the Minor PUD Amendment criteria. Wahlstrom stated that the applicant has submitted revised elevation information, revised plans and a base map that included the ball field /Jazz Aspen Snowmass events area. 09- 17 -01tc Page 5 of 9 David Bellack addressed the Nordic Trail crossing and stated that the applicant has scheduled a meeting with the Nordic Council to discuss this issue. Mayor Manchester stated that Council's plan is to review a completed Resolution on September 24, 2001. Mercatoris requested further discussion with a representative of the Fire District regarding emergency access to the subdivision in relation to the Nordic Trail crossing. Schuster stated that if the applicant does not resolve the issues with the Nordic Council, he would request that a representative of the Nordic Council meet with Town Council at the September 24 Council Meeting. Wahlstrom provided information related to discussions he has had with the Nordic Council. Manchester stated the need to accommodate both year -round emergency access and the Nordic Trail and discussed a 20 -foot extension to the emergency access. Wahlstrom reiterated Council's desire that only emergency vehicles would be allowed to use the access. Manchester, Schuster and Jim Horowitz of Jazz Aspen Snowmass, discussed the revised site plan for the ball field, the proposed scenario whereby the applicant would transfer the piece of land to the Town under certain conditions and use of the access road next to the ball field area. Council majority stated approval of revisions addressing height issues. Van Moorsel outlined areas of 30- percent slope locations on the site. Wahlstrom explained that most of the 30- percent slope areas within the project are man made. Council discussed retaining wall locations and designs and flood plain revisions. Van Moorsel and Schuster addressed the locations, design and materials proposed for retaining walls. Wahlstrom stated that Federal Emergency Management Association (FEMA) approval is necessary prior to beginning construction. Schuster explained that this process would change the flood plain maps to identify existing conditions, and explained that no changes were made to the maps in the past at the time of original construction of the Club. Wahlstrom outlined agreements made by the applicant concerning wildlife including monitoring bird species for three years in accordance with the Wildlife Specialist recommendations. Schuster explained that data to monitor the bird species is derived from the Town. Barthelenghi explained the process required to monitor the birds. Council agreed with the proposed restricted housing and identified a Planning Commission request for the applicant to investigate on -site deed restricted employee housing. Bellack and Schuster explained that they have been investigating the possibility of joining with Snowmass Water and Sanitation District to create employee housing. Wahlstrom referred to findings and conclusions identified in a Fiscal Impact Report. Schuster explained the Fiscal Impact findings and reported on impacts based on the completed Phase I of the project. He requested clarification in one section of the Report. In response to an inquiry made by Manchester, the Town Attorney stated that imposition of an occupancy tax would require an Election 09 -17 -01 tc Page 6 of 9 question. In response to an inquiry made by Purvis, Schuster explained that the market reasoning behind proposed construction of larger units was based on consumer response. Schuster, Kane, Manchester and Purvis discussed the background and investigation, which identified the market demand for variable size units. The Finance Director and Wahlstrom concluded that earlier concerns have now been satisfied in the Report. Wahlstrom stated a concern regarding air quality and requested that Snowmass Drive be surfaced to minimize dust and that construction traffic utilize the access from Brush Creek Road. Schuster stated that the applicant has been investigating use of ground source heat pumps to heat and cool the condominiums and golf club house. The Water and Sanitation District has provided their approval to proceed with the investigation of using the water from their finishing pond as an alternative energy source. Rick Griffin stated a concern of surrounding homeowners regarding a dust abatement program for the golf course construction. VanMoorsel and Schuster explained the dust abatement process outlined in the application. In response to a question posed by Manchester, the Planning Director stated that Ordinance No. 22, Series of 2001 on the Agenda for this Meeting addresses concerns regarding dust control as well as complaints. Schuster stated that the Construction Management Plan outlines utilization of the tennis bubble for indoor tennis until the tennis building is completed. Construction will then proceed to create a parking lot at the tennis bubble location. Council discussed and agreed to changes regarding Community Purpose. Mercatoris requested that the applicant investigate the possibility of using sod from the golf course for the new ball field and JAS area. Rick Griffin expressed a concern that the golf course has been invaded by crab grass and may not be appropriate for this use. Schuster expounded on the plan for replanting. In response to an inquiry from Manchester, Schuster outlined the plan for reconstructing the ball field. Council agreed to add the criteria for a Minor PUD Amendment to the upcoming Resolution. Wahlstrom reviewed the Community Purposes for this application. A Resolution for Preliminary Review consideration will be presented to Council at the September 24, 2001 Council Meeting. There being no further comments, Mayor Manchester stated that this Public Hearing would be continued to the September 24, 2001 Regular Town Council Meeting at 1:00 p.m. Item No. 8: FIRST READING ORDINANCE NO. 22, SERIES OF 2001 FIRST READING AND CONSIDERATION OF AN ORDINANCE GRANTING SNOWMASS CLUB ASSOCIATES, LLC AUTHORIZATION TO COMMENCE CERTAIN CONSTRUCTION ACTIVITIES WITHIN PARCEL 10, SNOWMASS CLUB SUBDIVISION AND LOT 1, SNOWMASS CLUB PUD Wahlstrom outlined the contents of the Ordinance. Mercatoris made a motion to approve First Reading of Ordinance No. 22, Series of 2001. Virtue seconded the 09- 17 -01tc Page 7 of 9 motion. The Planning Director explained the request made by the applicant and referred to the conditions in the document. The request was being made in an effort to have the golf course closed for only one Summer season and to provide uninterrupted availability of tennis courts. Staff will meet with the applicant to determine a performance security before Second Reading. Council discussed the process for further review of the amended architectural drawings for tennis structure, waiving completion of one trail by June, 2002 due to construction in that area. Council reviewed the Ordinance and requested changes. Mercatoris made a motion to include amendments outlined by Conrad. Virtue seconded the motion. The amendments were approved by a vote of 4 in favor to 0 opposed. There being no further discussion, First Reading of the Ordinance was approved as amended, by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Item No. 9: FIRST READING ORDINANCE NO. 23, SERIES OF 2001 FIRST READING CONSIDERATION OF AN ORDINANCE AMENDING COMPREHENSIVE SIGN PLAN FOR THE SNOWMASS CLUB Wahlstrom explained the contents of Ordinance No. 23, Series of 2001. Purvis made a motion to approve First Reading, seconded by Mercatoris. Council discussed the size and colors of the sign proposal. Council requested that the applicant provide additional information at Second Reading. After further discussion, First Reading was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Item No.10: SECOND READING ORDINANCE NO. 19, SERIES OF 2001 SECOND READING CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 10 OF THE MUNICIPAL CODE ESTABLISHING OFFENSES RELATING TO SKI AREA AND RECREATIONAL FACILITIES The Chief of Police stated that there have been no changes to the Ordinance since First Reading. Mercatoris made a motion to approve Second Reading of the Ordinance, seconded by Purvis. There being no discussion, a roll -call vote was taken and Second Reading of Ordinance No. 19, Series of 2001 was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Item No. 11: APPROVAL OF 09 -04 -01 MEETING MINUTES Virtue made a motion to approve the Minutes of September 4, 2001, seconded by Mercatoris. The Minutes were approved as written by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Item No. 12: MANAGER'S REPORT 09- 17 -01tc Page 8 of 9 Manager's Job Description /Performance Standards The Town Manager stated that he has met with all Council Members except the Mayor to receive comments on the Town Manager's revised Job Description and Performance Standards. Purvis made a motion to approve the Town Manager's Job Description as written. Mercatoris seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. The Mayor will meet with the Town Manager during the upcoming week regarding the Performance Standards document. Snowmass Club Phase II Don Schuster of the Snowmass Club stated that regardless of the recent terrorist attacks on the United States in New York and the current circumstances surrounding that issue, the owners of the Snowmass Club have given direction for their staff to proceed with design and development of the Snowmass Club Phase II. VLF Information The Town Manager stated that a memo from the Assistant to the Town Manager has been provided to Council under separate cover outlining Village Leadership Forum (VLF) Scope of Work and related costs. Manchester requested that the document identify specifics regarding the goal for accomplishments at each of the meetings outlined and also justify consultant expense for each meeting. Mercatoris stated that he feels the Town should not exceed the amount budgeted for VLF consultants. Manchester also requested that the VLF investigate and make recommendations for the Transit Plaza. Council discussed consolidation of the agenda items for the remaining VLF meetings in order to reduce the number of meetings necessary to complete the VLF process. Item No. 13: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /STATUS REPORT Woodrun V Litigation Town Attorney Connor stated that a hearing has been scheduled for September 18, 2001 at 1:30 p.m. regarding the component of the litigation that would lead to the Town's eviction from the dumpster site. Connor reported that he filed a motion with the Pitkin County District Count to dismiss the entire proceedings related to the Forcible Entry and Detainer (FED). Item No. 14: CALENDARS VLF /ASC Pre Sketch Mayor Manchester stated that the next Village Leadership Meeting has been rescheduled for Friday, September 28, 2001 at the Conference Center, Kearns 09- 17 -01tc Page 9 of 9 room. The Joint Meeting with Council and the Planning Commission will include the Aspen Skiing Company's official Pre Sketch Plan presentation regarding development of the Town's core area. Chapel Site Visit A site visit to the Snowmass Chapel proposed development reconstruction area is scheduled for September 19, 2001 at 4:15 p.m. Council and Planning Commission Members will attend. Item No. 14a: 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 6:45 p.m. Mayor Manchester called for an Executive Session and 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 for the purpose of receiving legal advice on specific legal questions regarding the Rodeo Property Acquisition. However, no adoption of any proposed policy, position, resolution, rule, regulation or formal action shall occur at any Executive Session. Virtue made a motion to convene to Executive Session, seconded by Purvis. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. At 6:55 p.m. Mayor Manchester 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 Mordkin was absent. Item No. 15: ADJOURNMENT There being no further business, Mayor Manchester made a motion to adjourn the Regular Meeting, seconded by Virtue. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Submitted By, Trudi Worline, Town Clerk