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11-12-01 Town Council Minutes(2)Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, November 12, 2001 at 2:00 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: STAFF PRESENT: PUBLIC PRESENT: SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING NOVEMBER 12, 2001 DISCUSSION AGENDA Mayor T. Michael Manchester, Douglas Mercatoris, Robert Purvis, Richard Virtue and Arnold Mordkin COUNCIL MEMBERS ABSENT: All Council Members were present. Gary Suiter, Town Manager; Joe Coffey, Housing Manager; Lisa Henkel, Housing Secretary; Hunt Walker, Public Works Director; Art Smythe, Chief of Police; Marianne Rakowski, Finance Director; Chris Conrad, Planning Director; Jim Wahlstrom, Senior Planner; Rhonda Coxon, Deputy Town Clerk; Bernadette Barthelenghi, Landscape Architect; Robert Voigt, Senior Planner; and Donna J. Garcia Spaulding, Secretary /Records Clerk HOUSING ADVISORY COMMITTEE: Rick Griffin, Mary Beth Bassett, Barbara Lucks, Robert Goldstein, Keith Kamin, Marci Jennings, Mark Stout, and Mark Hogan Madeleine Osberger, Jim France, Judy Burwell, Howell Lastion, Engel Pyles, Hal Laster, Sue Dorm, Monte Quast, Lani Quast, Larry Yaw, Jim Light, Steve Henley, Bill Kain, Victor Gerdon, and other members of the public interested in Agenda items for this Meeting. Item No. 2: HOUSING ADVISORY COMMITTEE (HAC) RECOMMENDATIONS The HAC commended Joe Coffey and Lisa Henkel for their support and involvement. Griffin provided a brief history of the HAC and stated that the Committee was formulated to take public comment, evaluate the existing housing program, identify 11 -12 -01 tc Page 2 specific issues and make recommendations to Council. The following recommendations were provided: Improve the process for applicants employed in Town for less than fifteen years. Provided three recommended scenarios; Owners of employee housing be required to live in their units for no less than eight months per year; Maintain the employment requirements mandated in the initial qualification process; Employment and residential requirements be remitted to the Housing Office on a biannual basis, and all owners of employee housing meet employment requirements until the day they receive social security benefits as prescribed by the Federal Government. At that time, only the residency qualification would be required; Individuals, not businesses or corporations, be required to meet the housing requirements in order to purchase employee housing, and businesses be encouraged to purchase free market housing or develop their own housing to accommodate their employees; The Town's Code be immediately changed to state that at the time of qualification for employee housing, the purchaser may not own or purchase property commercial, residential or vacant land and language to that effect be contained in all contracts for future employee housing purchases. Individuals who currently own property within those confines would be forced to sell said property or vacate their employee housing units; Section 17 -10 of the Snowmass Village Municipal Code be changed to include a life estate, whereby owners would own the property for no longer than the term of their lives; Owners register their tenants with the Housing Office. Each tenant would be required to meet current employment and residential requirements and the owner would not be allowed to charge more than the fair market value for a comparable space within the employee housing rental pool as prescribed by the Housing Office; Disputes between owner and tenant would be the sole responsibility of the owner and tenant, not the Housing Office; Owners of the Creekside and Country Club Townhome complexes be contacted and advised that by January 1, 2001 an inspector would inspect the units with regards to the allowable improvements detailed in Section 17 -3 of the Permanent Moderate Housing Code. The inspector would then identify and determine improvements qualified to be included in the resale value; Amend current policy to ensure that all present owners of employee housing meet minimum standards prescribed by the Housing Department and that these standards would be determined by the Housing Manager and an independent inspection agency; 11 -12 -01 tc Page 3 The seller is responsible for costs associated with a required inspection by an outside firm. If the unit is deemed unacceptable, the owner would be allowed one month to make the necessary improvements, or the buyer would be granted a credit for the fair market value of the necessary improvements; Council arrange for the development of an addendum to the standard contract, which will include residency and employment qualifications and create necessary language between buyers and sellers including a full disclosure of the condition of properties; Applications would be valid for one year, requiring that the applicant update the application on an annual basis with current income tax return, W -2 Form and affidavit; The application fee be increased from $10 to $25 per bid, to more accurately reflect the administrative costs and applicants complete a bid sheet for each unit they wish to bid on; A single person may bid on a studio or one bedroom unit; a couple with no dependents may bid on a studio, one bedroom or two bedroom unit and a couple with one dependent, or a single parent with one dependent, may bid on any size unit up to and including a three bedroom unit. A couple with two or more dependents or a single parent with two or more dependents may bid on any size unit and that in these instances, the dependent children must reside with the parent for a minimum of four months each year. Definition of a "couple" would be two people with a joint interest ownership in the property or two married people; Individuals in need of units designed for disabilities would have first priority and be given thirty days to apply for the unit. At the end of the thirty day time period, the unit would become available for application to all qualified Snowmass Village employees; Smoking issues among owner units be handled neighbor to neighbor and smoking be banned in all rental units; Pets (Owner Units) Policy remains the same. Pets (Rental Units) may not own dogs and that this policy be included in the Rental Condominium Declarations stating that Violation of this policy would result in cancellation of the lease; Council briefly discussed the asset and income guidelines, lottery system and unit maintenance, and stated that the reason for this meeting was to receive recommendations only and requested further discussion at a meeting in the near future. Item No. 3: SNOWMASS CHAPEL SKETCH PLAN REVIEW Jim Light spoke on behalf of the Snowmass Chapel. Hal Laster, a volunteer at the Snowmass Chapel, supported the building structure design relative to correct acoustics for the pipe organ. Sue Borm commented on the need for additional space 11 -12 -01 tc Page 4 in the downstairs area for counseling privacy, efficiency and comfort. Lani Quast outlined the various community uses for the Chapel facility and meeting rooms Senior Planner Jim Wahlstrom outlined previous discussions held regarding this submission and requested that Council make a determination on the proposed 28,000 square foot community building, which exceeds the 20,000 square foot limit indicated in the Buildout Chart. He requested that Council establish a maximum floor area limit for this project if the application is approved. Wahlstrom explained that there is no indication that the 692 square foot housing unit currently existing within the Chapel building was deed restricted, therefore the applicant has requested that the unit be applied as the employee housing requirement for this particular application. Council majority felt this proposal was acceptable. Council discussed staff's suggestion that a super- majority vote not be required for the building height, since the structure does not exceed the limit set forth in the Land Use Code, although would be required when addressing the proposed square footage increase. Council further discussed the community purposes of public facility meeting rooms, counseling, unique architectural and cultural amenities which add to the community as a resort and inter denominational religious services, and requested that the applicant specify all items of community purpose relative to the proposed additional square footage. Council discussed the mass and scale of the proposed structure and the height of the steeple, ridgeline penetration, and use of landscaping to mitigate the visual impact of the structure. Purvis requested that the applicant consider lowering the sanctuary where the pipe organ would be located, from the second floor to the lower level, thus lowering the overall height of the building. He also requested that the applicant consider alternative locations within the valley where the topography would support the proposed building height. Mordkin questioned the appropriateness for Land Use Code Variances of such a magnitude necessary to allow the mass and scale of the proposed structure, and the precedent that may be set by allowing the variance. Council requested that the applicant specify the community benefits proposed for this construction and the standards to which they apply, and a landscape plan that would minimize the visual impact of the structure. A straw vote of 5 in favor 0 opposed indicated Council's support of the proposed square footage increase. A straw vote of 3 in favor and 2 opposed indicated Council's support of the height variance. A draft Resolution to allow the applicant to proceed to Preliminary Review will be submitted to Council and a Public Hearing has been scheduled for the December 3, 2001 Regular Town Council Meeting. Issues that have not been addressed to date will be discussed at the November 19, 2001 Council Meeting. Staff will provide a summary of findings and conditions for Council review at this Meeting also. Item No. 4: PUBLIC NON AGENDA ITEMS There were no Public Non Agenda items. Item No. 12: APPROVAL OF REGULAR MEETING MINUTES FOR 07 -26 -01 AND 09 -28 -01 11 -12 -01 tc Page 5 Virtue made a motion to approve the Minutes as listed. Mercatoris seconded the motion. There being no corrections or additions, the motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin had stepped away from the Council table. Item No. 13: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS Ruedi Water Power Commission (RWPC) Mordkin commented that the Intergovernmental Agreement, which provides for the method of funding, needs to be resolved. He stated that the Commission proposed to amend its Bi -Laws to provide fair allocation of water among members who have their own water departments. Suiter commented that he would need legal support at the next RWPC meeting, when he will be asking why a municipality is being asked to support this organization and not Water and Sanitation. Rodeo Site Visit Mercatoris requested a site visit to the Rodeo Lot at noon on Wednesday, November 14, 2001, in an effort to determine the condition of the property. Mordkin stated that he would call Bill Burwell and inform him of the site visit. Town Manager /Mayor Meeting Mayor Manchester stated that he would meet with the Town Manager on Tuesday, November 13, 2001 at 8:00 a.m. to discuss upcoming Council Meeting agendas. Hwy. 82 \Brush Creek Road Intersection The Community Development Director reported that meetings have been held among the Colorado Department of Transportation (CDOT), Pitkin County, the State Highway Patrol and the City of Aspen regarding a request to change the island at the intersection of Highway 82 and Brush Creek Road. The Aspen Skiing Company has requested use of Cozy Point North land and also to split the island for access to accommodate parking for the X -Games and Jazz Aspen festivals. Victor Gerdin of the Aspen Skiing Company has requested a meeting on Wednesday, November 14 at 11:30 a.m. with various County and State officials to discuss specifics and design scenarios. Mercatoris stated that he would like to be a part of that meeting as well. Council stated concerns that they were not notified of the proposed changes and discussed the affect on the newly constructed Snowmass Village entrance sign and related issues. Item No. 6: PUBLIC HEARING 2002 ROAD MILL LEVY TO RECEIVE PUBLIC COMMENT ON THE TOWN OF SNOWMASS VILLAGE ROAD MILL LEVY FUND FOR THE YEAR 2002 Mayor Manchester opened the Public Hearing at 5:25 p.m. There being no 11 -12 -01 tc Page 6 public comments or further discussion, Manchester closed the Public Hearing at 5:26 p.m. Item No. 7: PUBLIC HEARING 2002 PROPOSED BUDGET TO RECEIVE PUBLIC COMMENT ON THE TOWN OF SNOWMASS VILLAGE PROPOSED BUDGETS FOR THE YEAR 2002 Mayor Manchester opened the Public Hearing at 5:26 p.m. There being no public comments or further discussion, Manchester closed the Public Hearing at 5:27 p.m. Item No. 8: FIRST READING ORDINANCE NO. 25, SERIES OF 2001 FIRST READING CONSIDERATION OF AN ORDINANCE AMENDING THE 2001 BUDGET FOR ALL FUNDS FOR THE TOWN OF SNOWMASS VILLAGE A motion was made by Mercatoris to approve First Reading of Ordinance No. 25, Series of 2001, seconded by Virtue. There being no further discussion, the motion was approved by a vote of 5 in favor to 0 opposed. Item No. 9: RESOLUTION NO. 41, SERIES OF 2001 CONSIDERATION OF A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND WITH THE EXCEPTION OF THE ROAD MILL LEVY FUND AND ADOPTING A BUDGET FOR THE TOWN OF SNOWMASS VILLAGE, COLORADO FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2002 AND ENDING ON THE LAST DAY OF DECEMBER, 2002. A motion was made by Mercatoris to approve Resolution No. 41, Series of 2001, seconded by Purvis. There being no further discussion, the motion was approved by a vote of 5 in favor and 0 opposed. Item No. 10: RESOLUTION NO. 42, SERIES OF 2001 CONSIDERATION OF A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSE AS SET FORTH BELOW, FOR THE TOWN OF SNOWMASS VILLAGE, COLORADO FOR THE 2002 BUDGET YEAR Mercatoris stated that he is in favor of the Town using the Capital Reserve to balance the budget in future years. In addition, he is opposed to using Real Estate Transfer Tax (RETT) Funds for road maintenance. He stated that this year presented unusual budgeting circumstances and requested that a Work Session be scheduled before the next budget to discuss ways of replacing revenue sources and cutting expenditures. There being no further discussion, a motion was made by Mercatoris to approve Resolution No. 42, Series of 2001, seconded by Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. 11 -12 -01 tc Page 7 Item No. 11: PUBLIC HEARING AND RESOLUTION NO. 49, SERIES OF 2001 CONSIDERATION OF A RESOLUTION CONCERNING AN ANNUAL TEMPORARY USE PERMIT TO PERMIT CHRISTMAS TREE SALES AT THE WESTERLY END OF THE TOWN RODEO LOT. Mayor Manchester opened the Public Hearing at 5:29 p.m. Chris Conrad outlined the conditions of the Resolution. Council reviewed the language and requested necessary changes. Operator and customer parking will be monitored and vehicles parking on Horse Ranch Drive will be cited, terms of the Permit will be from November 20 until December 25, 2001, hours of operation will be 9:00 a. m. to 9:00 p.m., all lights will be turned off at 9:00 p.m. and a $200.00 cleanup and damage deposit would be required of the applicant to ensure satisfactory cleaning at the conclusion of the event. Staff will coordinate with the applicant regarding the signage and lighting. There being no further discussion, Mayor Manchester closed the Public Hearing at 5:40 p.m. Virtue made a motion to approve Resolution No. 49, Series of 2001 as amended. Purvis seconded the motion. The motion was approved by a vote of 5 in favor and 0 opposed. Item No. 5: PUBLIC HEARING AND FIRST READING ORDINANCE NO. 16, SERIES OF 2001 TO RECEIVE PUBLIC COMMENT AND FIRST READING CONSIDERATION OF AN ORDINANCE APPROVING A MINOR PLANNED UNIT DEVELOPMENT AMENDMENT TO THE ASPEN SKIING COMPANY'S VEHICLE MAINTENANCE FACILITY ON LOT 44 OF THE DIVIDE SUBDIVISION. (First Reading of this Ordinance tabled from 11- 05 -01) Mayor Manchester opened the Public Hearing at 6:10 p.m. Senior Planner Jim Wahlstrom stated that all Public Notification requirements have been met according to the Land Use Code. There being no further comments from the public, Manchester closed the Public Hearing at 6:11 p.m. Council reviewed the Ordinance document and requested necessary changes regarding language referring to public notification requirements, improvements to Divide Road, cut and fill locations, revegetation, road construction on 30- percent slopes, engineer's opinion regarding ground stability, location and new access driveway and easement to the Krabloonik site, landscaping plan, building height variance as it relates to employee housing, lighting restrictions, compliance with Minor PUD regulations, skier access, outside storage, building setback, employee housing deed restriction conveyed to the Town, light pollution as well as other minor amendments. There being no further discussion or comments, Mercatoris made a motion to approve Ordinance No. 16, Series of 2001 as amended. Virtue seconded the motion. The motion was approved by a vote of 5 in favor and 0 opposed. 11 -12 -01 tc Page 8 Item No. 14: CALENDARS No discussion was held. Item No. 15: ADJOURNMENT There being no further business, at 6:58 p.m. Council Member 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. Submjited By: aiLal Donna J. Garci Spaul4ing, Secretary /Rec rds Clerk