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12-17-01 Town Council MinutesItem No. 1: ROLL CALL STAFF PRESENT: PUBLIC PRESENT: SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES DECEMBER 17, 2001 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, December 17, 2001 at 3:35 p.m. COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Robert Purvis, Arnold Mordkin and Richard Virtue COUNCIL MEMBERS ABSENT: All Council Members were present. Item No. 2: HOUSING POLICY DISCUSSIONS Gary Suiter, Town Manager; Art Smythe, Chief of Police; Joe Coffey, Housing Manager; Hunt Walker, Public Works Director; Craig Thompson, Community Development Director; Chris Conrad, Planning Director; Robert Voigt, Senior Planner; Bernadette Barthelenghi, Landscape Architect; Larry Green, Wildlife Specialist; Steve Connor, Town Attorney; Laurie Smith, Animal Control Officer; Lisa Henkel, Housing Secretary; Trudi Worline, Town Clerk Ben Rawlins, Paul Darrough, Nikki St. Germaine, Bob Brown, Phil Desmond, Gerd VanMoorsel, Bill Meehan, Mary Desmond, Jeff Tippett, Judge William Lippman, Joe Wells, Farley Lozowick, Madeleine Osberger, Barbara Lucks, Rhonda Coxon, Mike Peters, Marian Peters, Jack Hatfield, Rick Griffin, Bill Boineau, Robert Goldstein, David Bellack, Bob Fridstein, Don Schuster, Jim Heywood, Brent Gardner Smith, Doug Faurer, Craig Ward, Alan Caniglia, Richard Wall, Ben Dodge, Austin White, Bill Kane, Chase Harrison and other members of the public interested in Agenda items for this Meeting. The Housing Manager requested Council comments on the Housing Advisory Committee recommendations relating to pets in rental units, disabled priority units in Daly Townhomes and smoking in the rental units. Council discussed each policy recommendation with the Housing Committee and the public, and agreed to the HAC's recommendation that the policy regarding pets in rental units remain the same at this time. Regarding applicant priority for ADA accessible employee housing units, Council stated that Snowmass Village applicants with a mobility 12 -17 -01 tc Page 2 disability would have top priority in the application process during the first 30 -days the housing is on the market for sale. Second in line for priority would be a qualified non disabled Snowmass Village employee who does not require disability accessibility; third priority would be a mobility disabled Pitkin County employee; fourth priority would be a Pitkin County employee who does not require disability accessibility. Council majority agreed with staff recommendation that the rules pertaining to pets remain as they are currently written. After discussing HAC's recommendation to restrict smoking in employee housing rentals, Council requested that the renters be surveyed for comments. Council also requested that staff provide lease language and proposed enforcement as well as alternatives and expected accomplishments for Council review before a final decision can be made. Item No. 3: WILDLIFE/TRAIL MONITORING UPDATE Larry Green, Wildlife Specialist, explained that on February 5, 2001, Council approved an Ordinance that removed Fall trail closure dates from Tom Blake, Anaerobic Nightmare and Sequel Trails, as well as for Powerline Trail in the Spring. At that time, Council also directed staff to begin a wildlife monitoring study to assess any impacts associated with the removal of the closure dates. Green explained trail monitoring conducted from on Powerline Trail from May 15 through June 19, 2001, and between Anaerobic Nightmare and Tom Blake Trails from October 2 through November 27, 2001. Also, as approved by Council on June 11, 2001, 21 elk were successfully fitted with radio collars beginning on October 29, 2001. Green provided visual graphs depicting the data, which was recorded as events. Green's final determination was that wildlife has remained active in the area where human activity has been allowed by the February Ordinance and that no discernable negative impacts could be determined by the permitted human use at this time. Council took a break from 4:45 to 4:55 p.m. Item No. 4 PUBLIC NON AGENDA ITEMS Opposition Approval to Proceed with Construction Jim Heywood requested that Council discontinue the practice of allowing contractors to begin construction before receiving Final approval. He stated that the documents approved by Council, which allows this practice, are inconsistent with the Town's Land Use Code. A letter of statement from Heywood was submitted to the Town Clerk to become of record for this Meeting. Woodrun Dumpster Bob Brown requested that the Town provide curbside trash pickup for the Woodrun community until a new dumpster is located for use to replace the Woodrun dumpster. Manchester explained that a Court Order, stemming from an ongoing litigation, required that the Town remove the dumpsters from the Woodrun V property. He suggested that the homeowners use the dumpsters located at Sinclair Road or Meadow Road until a new dumpster location can be identified. Manchester explained that a staff investigation conducted early in 2001,determined that curbside trash pickup would not be appropriate for the area due to trash truck circulation problems and wildlife issues. He stated that Council would be discussing a means to address the issue in the near future. 12 -17 -01 tc Page 3 Item No. 5: PUBLIC HEARING AND FIRST READING ORDINANCE 06, SERIES OF 2001 TO RECEIVE PUBLIC COMMENT AND FIRST READING CONSIDERATION OF ORDINANCE NO. 06, SERIES OF 2001, APPROVING THE FINAL PLAN PUD AMENDMENT FORTHE SNOWMASS CLUB PHASE II DEVELOPMENT PROPOSAL, INCLUDING BUT NOT LIMITED TO: 1) CONDOMINIUMIZATION OF 21 MULTI FAMILY UNITS INTO 1/8 SHARE TIMESHARES VIA A SUBDIVISION EXEMPTION; 2) THE CONSTRUCTION OF 21, 1/8 FRACTIONAL OWNERSHIP CONDOMINIUMS AVERAGING 2,400 SQUARE FEET IN SIZE AND CONSISTING OF FOUR 3- BEDROOM UNITS, THIRTEEN 4- BEDROOM UNITS AND FOUR 5- BEDROOMS UNITS; 3) A SUBDIVISION EXEMPTION AND SPECIAL REVIEW USE FOR THE CONDOMINIUMIZATION OF THE 21 UNITS IN PHASE II, INCLUDING A BOUNDARY LINE CHANGE BETWEEN PARCELS 3 AND 4; 4) A REDESIGN OF THE EXISTING GOLF COURSE TO CREATE A COMPLETELY NEW 18 -HOLE CHAMPIONSHIP GOLF COURSE BEING APPROXIMATELY 7,000 YARDS IN LENGTH, INCLUDING THE RE- ROUTING AND RE- NUMBERING OF THE FAIRWAYS; 5) RELOCATION OF THE SOFTBALL FIELD AND EVENTS AREA APPROXIMATELY 250 FEET TOTHE WEST; 6) CONSTRUCTION OF A NEW 5,100 SQUARE FOOT GOLF CLUBHOUSE WITH GOLF CART STORAGE BENEATH; 7) A NEW 150 -SPACE PARKING FACILITY TO SERVE THE GOLF CLUBHOUSE AND SPECIAL EVENTS AREA; 8) CONSTRUCTION OF A PERMANENT INDOOR TENNIS STRUCTURE AND A TENNIS PRO SHOP FACILITY; 9) RECONFIGURATION OF PHASE I PARKING PROVISIONS TO ACCOMMODATE THE PHASE II PROPOSAL; 10) WIDENING TO 22 -FEET, WITH STREET WIDTH VARIANCE, AND EXTENSION OF CLUBHOUSE DRIVE TO BRUSH CREEK ROAD AT HORSE RANCH DRIVE; 11) IMPROVEMENTS TO INTERSECTION AT SNOWMASS CLUB CIRCLE AND CLUBHOUSE DRIVE; 12) STREAM RESTORATION OF BRUSH CREEK; AND 13) IMPROVED TRAIL CONNECTIONS. Mayor Manchester opened the Public Hearing at 5:08 p.m. Senior Planner Jim Wahlstrom requested that the application book submitted to Council at this Meeting, as well as all supplemental handouts included in Council's information packet for this Meeting, be entered into the record. He stated that all Public Notice requirements have been satisfied according to the Snowmass Village Municipal Code. Wahlstrom outlined issues for discussion at this Meeting including concerns of adjacent property owners regarding grading issues, wetland ponds and adequacy of the driving range as well as Nordic Council issues, Site Plan, Grading and Landscaping Plans, Tennis Building elevations, condominium buildings, the Development Agreement and Subdivision Improvements Agreement. He stated that a preliminary draft of the final approval Ordinance was included in Council's information packet for this Meeting, although felt it premature for Council action at this time due to numerous changes to the plans. 12 -17 -01 tc Page 4 Planning Director Chris Conrad and Senior Planner Robert Voigt provided a slide presentation depicting recent grading and berm construction, which has created a visual impact for certain homeowners on Fairway Drive. Conrad explained that Ordinance No. 22, Series of 2001 provided approval for the applicant to commence construction on the Golf Course prior to Final approval of the application. Don Schuster explained the slides and recent changes made to the berms. Schuster also provided slides showing views from the impacted neighboring homes. Mordkin requested the difference between the height of the berm before recent construction and the current height at certain areas. Manchester discussed the images with Schuster for clarification purposes. Jim Heywood requested a meeting on site with the placement of locater steaks in the Ground, to assist in identifying specifics of the berm. Manchester replied that the suggestion may be a consideration. In response to an inquiry made by the Mayor, the applicant provided drawings identifying the sections from the houses to the berm and into the fifth Fairway. A resident of Fairway Drive provided and explained the drawings and answered questions from Council Members. Phil Desmond requested information regarding the view from a sitting position versus the view from a standing position from inside and outside the impacted homes. Schuster provided an explanation of the two views. Bill Meehan requested that Council and the applicant consider the resale and visual impact of homeowners who purchased their homes with a view of the golf course. The Mayor encouraged public comment and requested that members of the public who wished to make comments refrain from redundancy. Council Member Mordkin once again requested information relating to the difference in height of the berms before and after construction. Paul Darrough, resident of Fairway Drive, stated that he felt the difference was fifteen feet. Conrad and Schuster provided an explanation and provided an answer of eight feet. Virtue and Mercatoris further questioned the applicant for clarification purposes. Conrad stated that the berms would include natural vegetation, which would further impact the view. He suggested that the applicant consider a change in the landscaping plantings for the berms. Schuster outlined the landscape plan for the berms. Mike and Marian Peters, representing Howard and Eileen Grossbard, neighbors whose views are obstructed by the berms, explained the view from the Grossbard residence on Fairway Drive and stated their opposition to the height of the berms and urged Council to visit the site. Nikki Saint Germaine of Fairway Drive stated opposition to the berms. Farley Lozowick of Fairway Drive submitted and read a letter opposing the berm, signed with sixty -four signatures, stating that changes made to the berm are unacceptable and requested that the berms be removed. Conrad provided information requested by Lozowick regarding the original Snowmass Club PUD. Jack Hatfield, a concerned citizen, requested that Council represent the people of the community on this issue, that Council visit the site and encouraged all involved to work together. Paul Darrough, a resident of Fairway Drive, stated opposition to the berms and the new construction of Fairway 5. Chase Harrison, a Snowmass Village resident, requested that Nordic Skiing continue to be allowed on the Golf Course. Phil Desmond of Fairway Drive stated that it he felt it inappropriate for Council to allow any construction by a developer prior to Final approval of a project. Craig Ward requested Council tour the site and look at 12 -17 -01 tc Page 5 the view from the Club Villas 1100 and 1200 buildings, which have also been severely impacted. Alan Caniglia, representing the Homestead Board of Directors, explained that his Board met with representatives of the Snowmass Club regarding the golf cart path, which lies approximately fifteen feet from the Homestead homeowner's patios. Investigation determined a surveying error at the time of construction. Caniglia read an Agreement reached between the Board and the Snowmass Club regarding reconstruction of the golf cart path, and requested that the Agreement be entered as a part of the record for this Meeting. Ben Rawlins provided a history of the "Keep Snowmass Beautiful" project and addressed the affect of landscaping on property values. Richard Wall, a concerned citizen, questioned the purpose of the berm and asked that the Fairway Drive homeowner's request for change be taken into consideration. Bill Kane of the Aspen Skiing Company (ASC), explained the purpose of the golf course design which was to provide a recreational amenity to the area, to provide screening for residences as well as from other fairways, and to provide a more interesting game. He stated that a very clear design was submitted to the Town with preliminary grading plans and that removal of the berms would not increase the neighbor's view of the Golf Course due to the overall Golf Course design. He said that the applicant would work with the residents in an effort to mitigate the concerns. Mr. Wall addressed the negative visual impact on the resale value on the affected residents. The Fairway resident who provided the drawings identifying the sections from the houses to the berm and into the fifth Fairway, stated that the area of impact was approximately 2- percent of the overall linage of the Golf Course and suggested the height of the berms brought down. Paul Darrough stated that the Fairway Drive residents were not notified of the Golf Course design. Virtue made a motion to consider approval of First Reading of Ordinance No. 06, Series of 2001, seconded by Mercatoris. Mercatoris made a motion to table First Reading of the Ordinance to January 14, 2002 at a Meeting scheduled to begin at 2:00 p.m., due to the number of changes in the application since prior review by Council. Virtue seconded the motion. The motion to table was approved by a vote of 5 in favor to 0 opposed. Council and the developer discussed relocating the golf path, the information made available during Preliminary Review, the expected process for this issue from this date to the next Council review on January 14, 2002, and an earlier site visit made by Council Members on an individual basis, Schuster explained that the berms have been reduced twice since the original design. In response to a question from Council, he explained that site utilities would not allow for the Fairway to be lowered in an attempt to further lower the berms. Manchester stated that Council would work with the applicant and homeowners to reach an acceptable middle ground on this issue. Craig Ward, speaking for the Aspen /Snowmass Nordic Council stated opposition to the new terrain, which would make it more difficult for beginning skiers, the narrow bridges, which would be too narrow for the grooming equipment to cross, and 12 -17 -01 tc Page 6 the new restriction that skiers would only be allowed to ski on the narrow golf cart path or next to it. He stated that the Snowmass Club representatives have been willing to work with the Nordic Council on some of the issues, although not all of the issues have been resolved. Ben Dodge of the Nordic Council, stated the desire of the Nordic Council for the ski trails to cross the fairways and the Driving Range. The group will meet with the applicant in an effort to solve the issues before the January 14, 2002 Council Meeting at which time this application will be further discussed. Craig Ward also stated a concern regarding the location designated for storage of trail grooming equipment and asked if an underpass could be constructed under the new access road across from Horse Ranch Drive. Schuster provided the outcome of previous discussions between the applicant and the Nordic Council and explained the expense that would be involved to meet the requests. Manchester requested that the two organizations meet to resolve the issues and bring a list of what they consider to be un- resolvable issues to the January 14, 2002 Meeting for further discussion with Council. Austin White of the Nordic Council addressed the need to cross the new access road to groom the trails on the opposite side. Purvis requested additional information regarding the needs for the grooming equipment and related costs. The Planning Director clarified the weight and size of the grooming equipment. There being no further comments, Mayor Manchester stated that this Public Hearing would be continued to January 14, 2002, at a Meeting that will begin at 2:00 p.m. NOTE: Council determined that Item No. 8 would be heard at this time to accommodate those present at the Meeting. Item No. 8: DISCUSSION\ACTION SEVEN STAR RANCH PUD REQUEST FOR EXTENSION Joe Wells, representing Seven Star Ranch, requested an extension of time for Final Review of the Seven Star Ranch PUD. This application was submitted under the old Snowmass Village Municipal Code, Chapter 16. Included in Council's information packet was a letter from Wells explaining that efforts to obtain an easement from the owner of Lot 10 in Owl Creek Ranch, as called for under the Town's designated "preferred alignment have been unsuccessful. The letter also stated that the owners would like to present an alternative concept to Council in the near future. Being the only application still in process under the old Land Use Code, the application will be re- organized to address the requirements of Preliminary Review under the new Land Use Code. Staff will draft a Resolution to allow the applicant to move forward under the new Chapter 16A of the Municipal Code. To allow the applicant to make the transition, Mercatoris made a motion to approve an extension of time to February 18, 2002, seconded by Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 6: SECOND READING ORDINANCE 21, SERIES OF 2001 CONSIDERATION OF AN ORDINANCE AMENDING THE SNOWMASS VILLAGE MUNICIPAL CODE, CHAPTER 18, SECTION 18 -42 (J), BUILDING PERMIT FEE SCHEDULE 12 -17 -01 tc Page 7 Virtue made a motion to approve Second Reading of Ordinance No. 21, Series of 2001, seconded by Manchester. A roll -call vote was taken and the Ordinance was approved by a vote of 5 in favor to 0 opposed. Item No. 7: SECOND READING ORDINANCE NO. 30, SERIES OF 2001 CONSIDERATION OF AN ORDINANCE TECHNICALLY CORRECTING CERTAIN PROVISIONS OF CHAPTER 10 ARTICLE V OF THE MUNICIPAL CODE CONCERNING THE REGULATION OF SMOKING BY PROHIBITING SMOKING TO CONFIRM THAT A PUBLIC PLACE INCLUDES A PLACE OF WORK. Purvis made a motion to approve Second Reading of Ordinance No. 30, Series of 2001, seconded by Virtue. Mercatoris made a motion to amend the Ordinance on Page 2 of the document, second sentence, to state, "abstention from smoking occur in enclosed public places and in enclosed work places Mordkin seconded the motion. The motion to amend was approved by a vote of 5 in favor to 0 opposed. A roll -call vote was taken, and Second Reading of the Ordinance was approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 9: MANAGER'S REPORT Operational Indicators thru November 2001 The Town Manager provided an update on Operational Indicators through November. Compared to the year 2000, Building Permit valuation was down approximately 41- percent, Shuttle service count was up approximately 3- percent and solid waste fees were up approximately 1- percent. Multiple Business Locations \Business License The Town Manager stated that if a business owner has business locations in another city or town as well as in Snowmass Village, and has applied for and received a Business License in the other city or town, that business owner also needs to obtain a Snowmass Village Business License. Council directed the Town Manager to require that all contractors whose businesses are located in Snowmass Village to acquire a Snowmass Village Business License. Item No. 10: APPROVAL OF REGULAR MEETING MINUTES FOR 11 -12 -01 Virtue made a motion to approve the Minutes of November 12, 2001, seconded by Manchester. Mordkin requested an amendment to the Minutes on Page 74 under Item No. 3, third sentence, by correcting the name "Sue Dorm" to "Sue Borm He also requested that on Page 4, first sentence in the second paragraph be changed to read "Council discussed staff's suggestion that a super- majority vote...." There being no further additions or corrections, the Minutes were approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 11: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /STATUS REPORT 12- 17 -01tc Page 8 Fencing Repair Brush Creek Road Purvis asked that staff contact Snowmass Land Company and request that they repair their portion of fencing along Brush Creek Road. Shuttle Standing Purvis requested that the Shuttle bus which services Horse Ranch, wait near Horse Ranch Drive intersection on Brush Creek Road to better service the connection with the Roaring Fork Transportation Authority (RFTA) buses. Shuttle Bus Route 7 In response to an inquiry made by Purvis, the Public Works Director stated that Shuttle Bus Route 7 would be re- evaluated after the Christmas season. SVRA Committee Mercatoris reported that the Snowmass Village Resort Association (SVRA) Committee traveled to Denver for a meeting with the Denver Convention and Visitor's Bureau. The group will be contacting the National organization and plan to write a letter outlining various proposed ideas, which will be mailed to the SVRA Board of Governors and copied to Town Council. He asked that those who wish further information contact him. Sparks Video Mercatoris requested that the Clerk return a video recording to Rebecca Sparks. The video of cross country skiing at the Golf Course was being copied for public record purposes. Elbert Lane Intersection Design In response to an inquiry made by Mordkin, the Public Works Director explained that his staff has met with Bill Burwell regarding the design of Snowmelt Road. He further explained that to increase the turning radius at Elbert Lane would require encroaching onto Burwell's land. Walker will meet with Lance Burwell and other adjacent property owners in the near future to further discuss the issue. RFTA Bus Staging Virtue stated his appreciation to the Public Works Department for relocating the RFTA bus staging area on Brush Creek Road. Entryway Sign Lighting In response to an inquiry made by Manchester, the Community Development Director stated that lighting would be installed at the Entryway sign as soon as Aspen Skiing Company completes the access construction to the new parking lot on Cozy Point. Parcel F Parking Council requested that the Community Development Director arrange a meeting with representatives of the Snowmass Land Company \John Sarpa to discuss vehicle parking in Parcel F, Lots 2 and 3. Item No. 12: CALENDARS 12- 17 -01tc Page 9 CAST Meeting and SVRA Meeting Manchester stated that the next Colorado Association of Ski Towns (CAST) Meeting would be held in Crested Butte on January 24 and 25, 2002. Suiter will arrange for appropriate staff members to attend the Meeting. Manchester stated that a SVRA Meeting is also scheduled for January 24 EOTC Meeting Manchester stated that Council would not be able to attend an Elected Officials Transportation Committee (EOTC) Meeting on January 24, 2002. Rodeo Bonds Suiter stated that Council is scheduled for a Special Meeting on Thursday, December 20, 2001 to consider approval of a Bond Ordinance for the Rodeo Property. He explained that the bonds will be sold on December 19, 2001, therefore the final numbers would not be available until December 20, 2001. Draft copies of the Ordinance would be made available to Council Members before December 20 upon request. NOTE: The following item was not included on the Agenda for this Meeting. Item No. 12a: EXECUTIVE SESSION At 8:15 p.m. Manchester made a motion to convene to Executive Session for privileged attorney /client discussions authorized by Section 24 -6 402 4 b CRS and Section 2 -45 c 2 of the Snowmass Village Municipal Code. Mercatoris seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Purvis had left the Meeting. At 9:15 p.m. Mercatoris 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 Purvis was absent. Item No. 13: ADJOURNMENT There being no further business, Mordkin made a motion to adjourn the Meeting, seconded by Virtue. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Purvis was absent. The Meeting adjourned at 9:15 p.m. Submitted By, rudi Worline, Town Clerk