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01-14-02 Town Council MinutesMayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, January 14, 2002 at 2:05 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: PLANNING COMMISSION MEMBERS PRESENT: STAFF PRESENT: PUBLIC PRESENT: SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES JANUARY 14, 2002 Mayor T. Michael Manchester, Douglas Mercatoris, Arnold Mordkin, Richard Virtue and Robert Purvis All Council Members were present. Bob Fridstein, Doug Faurer, Mark Stout and Bill Boineau Hunt Walker, Acting Town Manager and Public Works Director; Carey Shanks, Assistant Town Manager; Art Smythe, Chief of Police; Robert Voigt, Senior Planner; Steve Connor, Town Attorney; Craig Thompson, Community Development Director; Chris Conrad, Planning Director; Lisa Henkel, Housing Department Secretary; Joe Coffey, Housing Manager; Jim Wahlstrom, Senior Planner; Trudi Worline, Town Clerk Jim Light, Jim Horn, Bernie Grauer, Richard Shaw, Rick Griffin, Brent Gardner Smith, Nikki Saint Germaine, B.J. Adams, Madeleine Osberger, Franz Zedlacker, Gary Rosenau, Millard Zimmett, Dave Myler, Larry Sherman, Eileen Grossbard, Mike Estes, Michael Adams, Jim Hooker, David Ross, John Sarpa, Cheryl Morgan, Don Schuster, Judge William Lippman, Paul Darrough, David Bellack, Bill Kane, Bob Fridstein, Jim Engh, Gerd ManMoorsel, Boone Schweitzer, Hyram Chaplan and other members of the public interested in Agenda items for this Meeting. 01- 14 -02tc Page 2 Item No. 2: JOINT MEETING WITH PLANNING COMMISSION TO CONSIDER THE BRUSH CREEK PLAZA REDEVELOPMENT SKETCH PLAN PUD (CONOCO SITE) Senior Planner Robert Voigt provided an outline of the submission proposed as Mixed Use development which included 5,156 square feet of ground level retail space, approximately 3,800 square feet of office space and 12 residential units with underground parking for a total of 12,600 square feet. The Plan was proposed to be constructed in two phases. Voigt also outlined issues for discussion at this Meeting which included amending the Buildout Analysis, circulation and access, parking, a variance to the height restrictions, identification of community purpose, employee housing mitigation, impacts of massing, scale and character, and phasing of the project. Richard Shaw provided two site plans due to an unsettled access agreement with an adjacent property owner. He explained the proposal whereby the Conoco service station would be relocated and replaced with development to compliment and provide a link with the future Base Village and Snowmass Center development. Council and Planning Commission Members identified concerns regarding the proposed access, parallel parking, connectivity and pedestrian movement for the Center, the base area and the Mall, the need for the three project developers for the base area, Conoco site and Snowmass Center to work together, access off of Brush Creek Road, community benefit, mass, scale and height of the proposed development, sensitivity to the existing surrounding character, architecture, sidewalks, landscaping, reclamation of the service station site, obtaining rights of way necessary for access, increased traffic and traffic impact on the intersection, sideyard allottment Council directed staff to investigate the employee housing credits related to this project, and requested that the applicant work with the developers of the Snowmass Center and the base area for pedestrian connectivity and movement from the Center to the upper Mall area. Although Council approved of the underground parking concept, they felt that underground parking was not to be considered a community benefit. Council requested that the applicant provide proof that the chosen access is safe; identify community benefits; preserve the character of the surrounding area; address the height and mass of the structures; work with developers of base area and Snowmass Center, taking into consideration future construction in the Draw area; resolve the pedestrian flow issue and connectivity of the area to provide the environment desired for the area; provide a statement of the applicant's role in making the connectivity work; provide comments from the Fire District; identify the course for obtaining easements; provide further rational for the request to reduce the parking; provide visuals of the project from several vantage points; and provide a drainage plan. 01- 14 -02tc Page 3 Council stated that they were in favor of the overall concept of the plan including architectural character representated, landscaping and sidewalks. Purvis stated concern regarding relocation of the service station and requested background on the suggested change in zoning outlined in the Comprehensive Plan. Jim Light of Snowmass Corporation stated that his desire is to construct a project that would play a key role in the community in an effort to be part of the broader community proposed for development at the base area and Snowmass Center. Item No. 3: TOWN PROJECTS Hunt Walker explained that purchase of the Rodeo parcel, transition of the Rural Transportation Authority and creation of Performance Measurements and Specific Objectives were completed in 2001. He requested that Council review the list for possible changes or additions. Walker further explained that staff has also drafted a separate list of Community Projects, which will be presented to Council in the near future. Council Members requested that Brush Creek \Kearns \Wood Road intersection be addressed as soon as possible, the Triangle Parcel be included as a part of the Entryway, Seven -Star Ranch \Cozy Point project be listed under Brush Creek Trail, Brush Creek Plaza be placed under Development Review Projects, include the Economic Fiscal Model, facilities \ownerships \operations be included under SVRA Issues, all associated projects be listed under Base Village such as Town Hall and the Draw Parcel. Staff will prioritize the projects and determine staff time and capacity to complete the projects, for review by Council in the near future. The Acting Town Manager stated that staff will finalize a document entitled Community Partnerships, which will be included in Council's information packet at their next Meeting. Item No. 4: HOUSING GUIDELINES DISCUSSION Housing Manager Joe Coffey requested Council comments addressing two Housing Advisory Committee (HAC) recommendations regarding the number of persons per bedroom required to purchase an employee housing single family home or condominium and deed restricted owner qualifications. Coffey explained that current Employee Housing Guidelines allow one person to purchase a two bedroom unit and two people or a single parent with a dependent child may purchase a three bedroom condo or larger Crossings home. Coffey stated that the HAC does not feel the current rules make the best use of the number of bedrooms in the employee housing pool. The HAC recommended that a single may bid on a studio or a one bedroom unit; a couple with no 01- 14 -02tc Page 4 dependents may bid on a studio, a one bedroom or a two bedroom unit; a couple with one dependent or a single parent with one dependent may bid on any size up to and including a three bedroom unit; a couple with two or more dependents or single parent with two or more dependents may bid on any size unit. The dependent children must reside with the parent for a minimum of four months each year. A citizen stated a concern that the rules discriminate against singles and suggested a violation of the Fair Housing Act. After further discussion, Council majority agreed to accept the HAC's recommendation with the addition of allowing a single person to purchase a two bedroom unit. Council requested that the Town Attorney apply the legality of Council's decision to the Fair Housing Act. Council discussed the current Housing Guideline that requires an owner to occupy a housing unit for a minimum of eight months per year. Coffey explained that the residential requirement for ownership of employee housing is not strictly enforced, and the Committee feels that owners should not only live in their units for eight months per year, but must also maintain the employment requirements mandated in the initial qualification process of forty hours per week and eight months per year. HAC recommendations were that all owners meet employment requirements until the day they receive social security benefits as prescribed by the Federal Government and that owners sign an affidavit on a biannual basis, stating that they remain within the employment and residency requirements. Land ownership assets may be taken into consideration, in which case would be discussed as a topic in the future. Council requested that the Committee further discuss and provide a recommendation on the inclusion of income and assets, as well as ownership of other land within the Roaring Fork Valley while developing the biannual requalification requirements. Council also requested that initial qualification and requalification be discussed further at a future meeting. As discussed at a previous Council Meeting, the HAC will also draft restrictions regarding smoking in employee housing units for Council review at a future Meeting. Item No. 5: SLC /PARKING LOT /GOLF RESERVATION RELEASE Manchester reported that he met with John Sarpa of the Snowmass Land Company (SLC) to request use of their land adjacent to Parcel F for construction of a parking lot at the Tom Blake Trailhead. He explained that Parcel F is within the Conservation and Wildlife area and use of SLC land would move the parking out of these areas. SLC offered to provide the land for Town use in exchange for the Town's release of the golf reservation on the open space located in the Two Creeks area. Council discussed the history of the golf reservation and other possible allowable uses for the property within the Conservation area. After further discussion, Council majority agreed that the golf reservation should not be released without further investigation. Staff was directed to investigate the golf 01- 14 -02tc Page 5 reservation documentation and reply to Council at the February 4, 2002 Council Meeting. Millard Zimmett, representing nearby homeowners, stated his opposition to the release of the golf restriction and any future development in the open space area. Larry Sherman, representing the Two Creeks Homeowners stated opposition to the release of the golf restriction. Staff was directed to investigate the documents and reply to Council at the first Council Meeting in February, 2002 and to notify all affected neighboring homeowers of the upcoming discussion. Item No. 6: PUBLIC NON AGENDA ITEMS There were no Public Non Agenda items. NOTE: Council took a break from 5:30 to 5:45 p.m. Item No. 7: PUBLIC HEARING AND FIRST READING ORDINANCE NO. 06, SERIES OF 2001 (To be continued and tabled to the January 21 Meeting) TO RECEIVE PUBLIC COMMENT AND FIRST READING CONSIDERATION OF ORDINANCE NO. 06, SERIES OF 2001, APPROVING THE FINAL PLAN PUD AMENDMENT FOR THE 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 01- 14 -02tc Page 6 DRIVE; 12) STREAM RESTORATION OF BRUSH CREEK; AND 13) IMPROVED TRAIL CONNECTIONS. (The Public Hearing was continued from December 17 2001, and the First Reading was tabled from the December 17 2001 Meeting) Manchester stated that the Public Hearing Continuation Notice published after the December 17, 2001 stated that a formal Public Hearing would not be held at this Meeting and would be continued to the January 21, 2002 Council Meeting. Mordkin made a motion to continue this Public Hearing and First Reading of Ordinance No. 03, Series of 2002 (formerly Ordinance No. 06, Series of 2001) to January 21, 2002. The motion died for lack of a second. Mayor Manchester stated that a Public Hearing would be held at this time. The Public Hearing was opened at 5:50 p.m. Senior Planner Jim Wahlstrom outlined discussions for this Meeting including grading changes and Nordic skiing. He explained changes to the grading plans submitted by the applicant since the last Meeting and outline. Staff provided a summary of a recent meeting held with the applicant and the Nordic Council, submitted to Council as a separate document. The summary stated the need for wider bridges on the Nordic trails to allow the grooming equipment to cross. The Aspen Skiing Company has agreed to pay 1/3 of the $15,000 additional costs to widen the bridges, and the Nordic Council agreed to pay $5,000, which left a remaining $5,000 outstanding for the construction. Revised plans and agreements submitted by the applicant will be provided to Council at the January 21, 2002 Council Meeting. Schuster referred to drawings of the controversial berm areas obstructing the view for Fairway Drive homeowners. He explained that drawings submitted for this Meeting include the original grading plans, revised plans that depict recent lowering of the berms and a second revision which opened up view corridors cut through the berms to allow the homeowners a limited view of the golf course. Jim Engh, golf course designer, explained the golf course design, the purpose of the berms and the alterations made to the berms to open the golf course view for the affected homeowners. He stated that the berms, where utility lines are located, also protect the property owners. Manchester requested clarification of the drawings, original and revised elevations of the berm in front of the Fairway Drive homes and land extending onto the Fairway. Paul Darrough, a Fairway Drive homeowner, questioned that the golf course design was a positive for the Fairway Drive homeowners and invited Engh to look at the view of the berm from Darrough's deck. Engh stated that the berms would protect the properties from golf balls in play, the new design of the golf course would increase property values of the homes surrounding the golf course and the new view planes cut into the berms would now allow the homeowners a view of the Fairway. Shuster explained that the views have recently changed by the cutting of view corridors in the berms and explained the portion of the Fairway 01- 14 -02tc Page 7 now visible by the homeowners. Schuster and Engh answered several questions made by Darrough. Nikki Saint Germaine, a Fairway Drive homeowner, requested clarification of the three grading designs presented at this Meeting. Mayor Manchester clarified the intention of the Public Hearing and stated that the applicant would address the issues after all comments were received. Boone Schweitzer requested that the applicant and Council strive to appease the three Fairway Drive homeowners affected by the berms. Darrough requested the width dementions of the corridors. Purvis asked that all questions be recorded and addressed at the end of the Public Hearing. Mayor Manchester requested that each person speaking state their name for the record. David Ross, a Country Club Townhome owner, stated that a berm has been constructed in front of his home and obstructs his view also. Ross requested that the berm be lowered. Nikki Saint Germaine questioned Engh's statement that the berms provide safety for the homeowners. Engh explained the direction of golf balls in play in relation to construction of the Fairway and stressed the need for a setback along the line of the homes. Germaine requested clarification of the revised berm design in front of her home. Engh stated the current design is a change from the initial design proposal submitted by the applicant and explained the changes, emphasizing that the end result will be substantially different than what is currently seen. He explained that construction has been halted due to recent weather conditions. Saint Germaine stated that the homeowners are willing to compromise although would like to see the peaks of the berms lowered to 52 feet and voiced the homeowners concerns regarding landscaping the berms with native grass and lack of irrigation. Engh and Saint Germaine further discussed the landscaping choices for the berms and the area in general, including constraints imposed on the revisions due to utility lines buried in the berms. The designer offered to work with the homeowners toward improving the situation, short of compromising the design of the golf course and remaining within underground utility site constraints. Darrough questioned the statement of site constraints and made the comparison of the small area of where the berms are located to the size of the entire golf course construction. He requested that the design be altered to eliminate the berms. Bob Fridstein, a concerned citizen, asked if Engh could guarantee that further improvements would be made for the homeowners views and requested that consideration for improvements be given to the small area of the berm location. He referred to language addressing protection of view plains referred to in the Town's Comprehensive Plan. Engh stated that he could not make a guarantee, although would put forth an effort to make further improvements. Bill Meehan, a concerned citizen, requested that Engh provide information identifying the angle of the homeowner's expected view plains. Engh explained the differing view plains from each affected residence and stated that there are multiple view plains from every lot. Gary Rosenau, a concerned citizen, stated his opposition to the berms and requested that the Council and the applicant address the issue in a manner to appease the homeowners. Rick Griffin, a Snowmass Village 01- 14 -02tc Page 8 citizen, suggested that the berms on both sides of the golf course be lowered if it is necessary that the berms on both sides of the golf course be balanced. Engh responded that the height of the berms on the opposite side of the golf course were not creating an obstruction and therefore would remain at full height. In response to an inquiry from Paul Darrough, Engh stated that the berm in front of his home would be lower in the end result. In response to an earlier comment from David Ross, Schuster stated that he would address the issue and report back to Council. Mordkin explained the reason for his motion made earlier in this Meeting to continue the Public Hearing. He stated his concern was that the public had not adequately been notified of today's Public Hearing. He further explained that his understanding as of the Council Meeting held on Thursday, January 10, 2002, was that the Snowmass Club would not be prepared to proceed at this Meeting, and staff was informed to respond to inquiries as such. Mordkin stated that In light of a property owner rights to make changes to his property, and property owners who purchased property for the view, a middle ground must be reached whereby views could be something acceptable by both parties. Mayor Manchester requested that the public thoroughly review the revised designs and try to gain a good understanding of the final product as proposed. He stated that he felt the homeowners will gain a much better view than that of the original submission. Franz Zedlacker requested that Council visit the site. Mayor Manchester stated that Council Members have visited the site, although the final product, as now proposed, will appear substantially different than the berms as they currently exist. Eileen Grossbard, a resident of Country Club Villas, stated that she has spoken with the applicant regarding a high berm constructed within 12 feet of her home, who has agreed to lower the height of the berm in that location. She inquired if the berm could also be moved farther back from her home. Engh explained his plans for reconstruction of the berm to mitigate the problem. Purvis suggested the homeowners speak with Alan Caniglia, President of the Homestead Homeowners Association, who has experienced a similar situation. Mike Estes stated that he worked with Kneglia and Schuster and reached a satisfactory agreement to move the golf cart path back from the Homestead residences. There being no further comments at this time, Mayor Manchester stated that this Public Hearing would be continued to the January 21, 2002 Regular Town Council Meeting at 4:00 p.m. Mercatoris made a motion to table First Reading of the Ordinance to January 21, 2002 at 4:00 p.m. The Planning Director requested copies of the revisions to the application that differ from the drawings originally submitted with the Final PUD submission, as discussed at this Meeting. Purvis seconded the motion to table the Ordinance. The motion was approved by a vote of 5 in favor to 0 opposed. NOTE: Council called at ten minute break at this time. 01- 14 -02tc Page 9 Schuster summarized a recent meeting held with the Nordic Council, Town staff and John Wilkenson of the Trails Committee to discuss the issue of the proposed bridges within the development as being too narrow to allow Nordic trail grooming equipment to cross over. Cost to increase the width of the bridges would be approximately $15,000, of which the Club and Nordic Council agreed to contribute $5,000 each, leaving $5,000 unaccounted for the project. Other Nordic trail issues were solved at the meeting and the two groups agreed to meet, along with a Town representative, on an annual basis to discuss the status of the new grass in relation to determining the layout of a trail system each year. Mercatoris requested a letter from the Nordic Council stating their agreement with all the issues discussed. Purvis requested that the Nordic Council make every effort to raise the additional $5,000 and if every effort to obtain the additional funds remains futile, they should return to Council with a request for assistance. Item No. 8: MANAGER'S REPORT Operational Indicators Council discussed the Operational Indicators provided by the Acting Town Manager. Hunt Walker stated that the goal is to provide Council with budget contingency numbers at the next Town Council Meeting. Town staff is conducting a telephone survey of Town businesses to determine the status of the current economy. Transportation Report Council's request was to review all of the budget cuts that were made relating to shuttle service, determine if any of the cuts made were creating a more negative impact on the overall service and if so, determine which services should be increased. Walker reported that Dial -A -Ride service is down from projected, therefore not costing the Town as much as anticipated, which may allow use of those funds for additional shuttle bus service. Council directed staff to determine if the Snowmass Club Commons is still running their private shuttle during peak hours per mitigation requirements of the PUD. Staff was also requested to determine the difference in ridership of current Mountain View Employee Housing ridership compared to the number when Route 7 existed. Snowmass Village 25 Anniversary Council requested that discussion regarding acitivies to celebrate the Town's 25 Anniversary in 2002 be placed on a future Council Meeting Agenda. Item No. 9: APPROVAL OF MEETING MINUTES FOR 12 -17 -01 Virtue made a motion to approve the Meeting Minutes for December 17, 2001, seconded by Mercatoris. There being no changes or additions, the Minutes were approved by a vote of 5 in favor to 0 opposed. 01- 14 -02tc Page 10 Item No. 10: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS Heated Bus Depot In response to an inquiry from Mordkin, Walker stated that the Transportation Director recently met with an electrician regarding installation of heaters at the Daly Lane Bus Depot. Walker will notify Council Members of the estimated date of completion. Local X -Games Competitor Manchester reported that local competitor Steele Spence has qualified to compete in the "X Games" scheduled to begin in Aspen on Thursday, January 17, 2002. Item No. 11: CALENDARS There were no calendar items discussed. Item No. 12: EXECUTIVE DISCUSSION At 7:40 p.m. Mordkin made a motion to convene to Executive Session for a discussion with the Town Attorney on specific legal matters that are the subject of the Attorney Client Privilege as authorized by Colorado revised Statues 24 -6- 402 (4) (b), Snowmass Village Municipal Code Chapter 2, Article III, Section 2 -45 (c) (2) Executive Sessions. Mercatoris seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. At 7:45 p.m. Mordkin 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. 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 5 in favor to 0 opposed. The Meeting adjourned at 7:46 p.m. Submitted By, Trudi Worline, Town Clerk