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03-18-02 Town Council MinutesMayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on March 18, 2002 at 2:05 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: PUBLIC PRESENT: SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MARCH 18, 2002 Item No. 2: SNOWMASS CENTER EXPANSION Mayor T. Michael Manchester, Douglas Mercatoris, Arnold Mordkin, Richard Virtue and Robert Purvis Hunt Walker, Acting Town Manager and Public Works Director; Steve Connor, Town Attorney; Carey Shanks, Assistant Town Manager; Craig Thompson, Community Development Director; Joe Coffey, Housing Manager; Chris Conrad, Planning Director; Trudi Worline, Town Clerk Bill Moriarity, Gary Watts, Ken Roberts, Leah Moriarity, Paul Taddune, Mike Easterday, Edgell Pyles, Marty Picket, Ted Grenda, Jan Grenda, Larry Yaw, Dave Myler, Brent Gardner Smith, Dan MacEachen, Deidre Boineau, Madeleine Osberger, Richard Shaw, Suzanne Richman, John Dresser, Rebecca Young, Judi Burwell, Jim Light, Art Hewitt, Debbie Shore and other members of the public interested in Agenda items for this Meeting. The Planning Director outlined issues for discussion at this Meeting. He provided the history of the Snowmass Center PUD process which included an employee housing credit exchange, whereby the Town was deeded ownership to Parcel "C" on the Draw site in exchange for housing credits for a "Building A "Building A" was never constructed by the developer. The applicant's representative, Richard Shaw, interpreted past Resolutions approving the exchange, as releasing the Snowmass Center owners of any further employee 03 -18 -01 tc Page 2 of 8 housing mitigation requirements at that time as well as for any future development on the site. Shaw referred to Resolution 34, Series of 1988, which describes a credit exchange for the Parcel "C" Draw site. Council disagreed, stating their interpretation of the documents as a release of housing mitigation requirements for construction approved in 1988, not for future construction or reconstruction on the Snowmass Center land. Staff discussed the list of options provided in Council's information packet for this Meeting and outlined staffs recommendations. Council discussed the employee housing mitigation credit calculations in an effort to determine the appropriate number for the Snowmass Center Redevelopment. After further discussion, the group was not able to reach an agreement on this issue. Council requested that staff investigate and identify the total amount of square feet proposed for office, commercial and residential for this submission and that the Town Attorney investigate all documents approved during the original development review on this land for further discussion at a future Meeting. The Planning Director requested Council's consideration and determination if the Par Corse Trail should be replaced with connections to the Rim Trail or replaced with a new trail on the site. Shaw provided Council with proposed trail alignments. Council discussed moving the Par Course to the upper end of the Draw Parcel so that it would not need to be moved again during future construction on the Draw Parcel. After further discussion, Council stated that they would like to see the Par Course remain, although in a modified design. Council discussed vehicular access, which needs to be designed to allow for access to future development in surrounding areas. Staff will work with the applicant to provide a recommendation for Council review at a future Meeting. Council requested a timeline for discussion of outstanding issues related to this development. Council requested further discussion regarding issues considered of major importance to the applicant before other issues are discussed. This item will be further discussed at the April 8, 2002 Town Council Meeting. Item No. 3: KRABLOONIK OWNERS DISCUSSION Mayor Manchester explained that this discussion is relative to a proposed agreement between the Divide Homeowners Association, Inc., MacEachen Holdings, LLC and the Town of Snowmass Village. Council Member Virtue stepped down from the Council table due to a conflict of interest as a Divide homeowner. Manchester disclosed that he recently met with representatives of the Divide Homeowners, although the Krabloonik Land Use application was not discussed. The Assistant Town Manager explained that in order for Krabloonik to proceed with a Land Use application, they are requesting a land exchange. He requested that Council, representing the Town as owner's of land involved in the applicant's proposal, entertain the applicant's request and provide a decision. David Myler, representing applicant Dan MacEachen, was present at the 03 -18 -01 tc Page 3 of 8 Meeting to discuss this issue with Council. An outline of the proposed agreement was provided in Council's information packet for this Meeting The information discloses that the primary objective for the agreement is to assure the Tong -term viability of the Krabloonik Kennels and Restaurant through a reallocation of development potential. Myler stated that the scenario would not be a cost to the Town or the Divide, and would preserve the current amount of open space within the Divide PUD and provide for adequate public parking. Myler proposed that the Town convey Lot 42 to a purchaser selected by MacEachen Holdings, the Divide would dedicate Lot 51 to the Town for public parking and MacEachen holdings would either convey a portion of Lot 45 to the Divide as open space or establish an easement for that purpose. David Shen, a resident of Snowmass Village stated that a wetlands area exists on Lot 42. He stated a concern regarding the abundance of dog feces in the Snowmass Creek Valley and the negative conditions at the kennels during rainy seasons. Manchester explained these concerns could only be addressed during the Land Use Application discussions. Manchester explained that the Town owns the land where a parking lot currently exists and which is also being shared with Krabloonik for patron parking. If the land exchange occurs, Krabloonik is proposing its use as a residential site to generate funds to recreate another parking lot and to buy down the debt on the land where the Restaurant is located. It would also change the boundaries of the existing open space, although the amount of open space would remain the same. Manchester stated a concern that although MacEachen would agree to keep the land for ten years, when the Krabloonik holdings are sold, the Town would loose its land asset. He stated that the land should be preserved for longer than ten years and the length of time should be at the discretion and needs of the community. Council agreed that MacEachen's business is an amenity to the community, although did not agree to the proposal as submitted. Council stated their willingness to entertain an alternative proposal. Council discussed other options that may be more favorable including a purchase \lease back whereby the Town would purchase the property and lease the land to MacEachen. Representing the Divide Homeowners Association, Ken Roberts stated that the homeowners are in favor of the current proposal and requested a covenant that would require the same or similar type of business operation on the Krabloonik land for no less than 30 years. Marion Garrett, business owner, stated that Krabloonik is one of the Town's best assets, especially for non skiers. The applicant will revise the proposal and submit it to Town staff for discussion at the April 8, 2002 Council Meeting. Item No. 4: AMENDED SNOWMASS CHAPEL AND COMMUNITY CENTER SKETCH PLAN SUBMISSION 03 -18 -01 tc Page 4of8 Mayor Manchester explained that the applicant withdrew a previous application in December, 2001, has revised the plans and is presenting the amended version as a part of the Sketch Plan process. The applicant's representative provided a video presentation of the revised plan for the Chapel and surrounding landscaping, with views from various points in the area of vision. The revisions included a ten -foot reduction in height of the building steeple, narrowing of the building and variations in the roofline. Landscaping and berming were increased to soften visual impacts of the building. The applicant explained that the length of the building was increased as a trade for the height reduction in order to accommodate sound requirements for the Fisk organ. Revisions also included relocating the building closer to the Community Center and changes to the proposed exterior materials. Mayor Manchester explained that staff would review the amended application and provide Council with a comprehensive report for Council review and comments at the April 8, 2002 Town Council Meeting. Council did indicate that the revised plans were a marked improvement. Council requested a model or mock -up of the facility as a part of Sketch Plan review. The Planning Director reported that the review status for this application has been reinstated as third in the line of applications before Council at this time. Item No. 5: FIRE MEDICAL AND LIFE SAFETY IMPACTS John Mele and Bill Cowan of the Snowmass Wildcat Protection District, presented a historical video entitled Snowmass Wildcat Fire Protection District, The First Twenty -five years. Mele stated that the numerous proposed development changes in the Village would create significant impacts for the Fire District. He explained that the new developments would increase the occupancy level by one third, generating a need for a new substation, another ambulance and longer aerial ladders to reach proposed building heights that exceed what currently exist. Mele and Cowan addressed insurance issues and the means to alleviate potential liability situations. He explained the existing process for monitoring developments, which allows the District to inspect development sites and address problems prior to construction. The group discussed various means to generate revenues for funding the Fire Department needs. Mele explained that the District does not realize property tax revenues for approximately three years after a development receives a Certificate of Occupancy. Council encouraged the Fire District to continue monitoring future fire, medical and life safety impacts for new development. Item No. 6: HOUSING GUIDELINES OVERVIEW Housing Manager Joe Coffey presented the final Housing Advisory Committee (HAC) recommendations regarding bequeathing of employee housing, the 03 -18 -01 tc Page 5 of 8 application process, rentals of owner units, pets (rental units only), disabled priority units (Daly Townhomes only), smoking (rental units only), number of persons per bedroom as a requirement for purchasing, seniority, seniority at Daly Townhomes, ownership of other property, right sizing, income and net worth guidelines for initial qualifications, current owner re- qualifications, future owner re- qualifications, and penalties for noncompliance of re- qualification. Council reviewed the above items topic by topic as follows: Bequeathing employee housing. Council approved the HAC's recommendation. Application process. Council approved the HAC's recommendation. Rental within owner units. Council approved the HAC's recommendation and requested that this issue be handled administratively. Pets (rental units). Council approved the HAC's recommendation and requested that this issue be handled administratively. Disabled priority units (Daly Townhomes). Council approved the HAC's recommendation. Smoking (rental units). Council approved the HAC's recommendation and requested this issue be handled administratively. Council Member Mordkin requested that the language be amended to include banning of all types of smoking paraphernalia. Number of person per bedroom. Council approved the HAC's recommendation. Seniority. Council approved the HAC's recommendation. Seniority at Daly Townhomes. Council requested further discussion at a Meeting in the near future. Ownership of other property. Council requested further discussion at a Meeting in the near future. Right sizing. Council approved the HAC's recommendation and stated that right- sizing would pertain any move to a larger or smaller unit, not to lateral moves. After further discussion, Council determined that Income and Net Worth Guidelines, current owner re- qualification, future owner re- qualifications and penalties for non compliance were unresolved issues, which will require further discussion at a Meeting in the near future. Item No. 7: PUBLIC NON AGENDA ITEMS There were no Public Non Agenda items. Item No. 8: RESOLUTION NO. 17, SERIES OF 2002 CONSIDERATION OF A RESOLUTION APPROVING A SUBDIVISION EXEMPTION FOR LOTS 6 AND 8, MELTON RANCH UNIT II, IN ORDER TO RE- ESTABLISH BY EXEMPTION PLAT THE TWO (2) ORIGINAL PLATTED LOTS. 03 -18 -01 tc Page 6 of 8 Council Member Mercatoris made a motion to approve Resolution No. 17, Series of 2002, seconded by Virtue. There being no further discussion, the Resolution was approved by a vote of 5 in favor and 0 opposed. Item No. 9: MANAGER'S REPORT Club Phase I Waiver of Occupancy Hunt Walker, the Acting Town Manager reported that Don Schuster has withdrawn a request to waiver of a portion of the Occupancy Fee for the Snowmass Club Phase I project. Landscape Plan Highway 82 \Brush Creek Road Island The Community Development Director reported that the Aspen Skiing Company plans to replace the island crossover cut, explaining that it will be easier to have traffic turn around at the Brush Creek Road and Highway 82 intersection. Council requested that Walker provide Council with detailed landscape plans for the island area depicting the type of plants proposed. 21 Annual Town Clean Up Day Hunt Walker commented that staff has recommended Friday, May 17, 2002 as Town Clean -Up Day. Council approved staff's recommendation. Cougar Canyon Petition Hunt Walker reported that the Town has received a Petition for Annexation from Cougar Canyon. Staff recommended that Council delay addressing the Petition for Annexation until the lawsuit between Cougar Canyon and Pitkin County is resolved. Jack Hatfield, Pitkin County Commissioner, Council and the Town Attorney discussed the annexation process. Town Logo Town Vehicles Council directed staff to use the "latest logo sample" on all Town vehicles that do not currently carry a Town logo, with the exception of Town Shuttle buses. 2002 Wage Adjustments \Pay Increases Mayor Manchester commented that Council has approved a 4- percent wage adjustment for Town employees, effective April 1, 2002. Manchester stated that during last week's Executive Session, Council reviewed job performances for Hunt Walker, Public Works Director and Acting Town Manager. Manchester stated that Council agreed to a salary increase for Walker commensurate with his quality performance as Acting Town Manager and Public Works Director. Magnesium Chloride In response to a report made by Mayor Manchester, Walker stated that staff would attend the next Pitkin County Commissioners Meeting regarding the use of 03 -18 -01 tc Page 7 of 8 Magnesium Chloride on County roads and will provide Council with an update at a Meeting in the near future. Item No. 10: APPROVAL OF MEETING MINUTES FOR 02 -04 -02 Council Member Mordkin requested that on Page 2, first paragraph, fourth sentence be changed to read ...suggested that the Citizen's Grant Review Board consider each grant applicant's budget and financial Mordkin requested that on Page 2, under Item No. 5, first sentence be changed to read "Council Member Virtue recused himself from the Council table." Council Member Mordkin requested that on Page 6, the sixth sentence from the bottom be deleted. Mordkin and the Town Attorney determined that it is not necessary for lengthy resolution descriptions to be entered into the Minutes. Mordkin requested that the Minutes reflect the title of Resolutions, eliminating the Resolution description. Mordkin requested that on Page 10, under Item No. 13, Subtitle Wanted: Marketing and Special Events, that the word "entice" be changed to "attract." Under the same Subtitle, the seventh sentence, Mordkin requested that the word "venue" be changed to "pattern Council Member Purvis requested that on Page 8, under Item No. 13, the first sentence, the word "film" be changed to "slide Mercatoris made a motion to approve the Meeting Minutes for February 4, 2002 as amended. Virtue seconded the motion. There being no further additions or corrections, the Motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris abstained, stating that he was not present at the February 4, 2002 Town Council Meeting. Item No. 11: COMMITTEE REPORTS /COUNCIL COMMENTS /CALENDARS Town Manager Review Process Mercatoris requested that all members of the Review Committee and Council Members contact the Assistant Town Manager in an effort to coordinate a meeting date and time to discuss Town Manager applications. Kiss and Ride Council Member Mordkin reported that he recently contacted the Community Development Department regarding an issue at the Timbers. He reported that the problem has been rectified and heavy equipment has been moved. 30 -Day Update Crossings with the Gordon's Unit Hunt Walker stated that both he and the Housing Manager are tracking the 30- day extension that Council provided to the Gordon's to sell their Season's Four unit. Manchester requested a staff report that includes information on how the 03 -18 -01 tc Page 8 of 8 Gordon unit is being marketed and how many times the unit has been shown to prospective purchasers. Item No. 12: EXECUTIVE DISCUSSION Madeleine Osberger of the Snowmass Sun newspaper stated concerns that the Executive Session notice was not posted in a timely manner. The Mayor explained to Ms. Osberger that by the time Council decided to have an Executive Session, the Agendas had already been faxed and mailed. Mayor Manchester stated that Council and staff are very conscientious of public notice posting requirements for Executive Meetings. At 8:32 p.m. Mordkin made a motion to convene to Executive Session for a discussion with the Town Attorney for the Purpose of receiving legal advise on specific legal questions regarding the Rodeo property lease as authorized by Colorado revised Statues 24 -6 -402 (4) (a) (b) and Snowmass Village Municipal Code Chapter 2, Article III, Section 2 -45 (c) (2) Executive Sessions. Virtue seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. At 8:54 p.m. Virtue made a motion to reconvene the Regular Meeting, seconded by Mercatoris. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 13: ADJOURNMENT There being no further business, Mercatoris made a motion to adjourn the Regular Meeting, seconded by Mordkin. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 8:54 p.m. Submitted By: Trudi Worline, Town Clerk -AND- Donna J. arcia' Spaulding, Secretary /Records Clerk