Loading...
04-22-02 Town Council MinutesItem No. 1: ROLL CALL STAFF PRESENT: PUBLIC PRESENT: SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES OF APRIL 22, 2002 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, April 22, 2002 at 2:04 p.m. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: Item No. 2: RETT HISTORY Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue, and Robert Purvis Council Member Mordkin arrived at 3:25 p.m. All Council Members were present. Hunt Walker, Acting Town Manager and Public Works Director; Steve Connor, Town Attorney; Craig Thompson, Community Development Director; Carey Shanks, Assistant Town Manager; Dean Stahman, Planning Technician; Marianne Rakowski, Finance Director; David Peckler, Transportation Manager; Jim Wahlstrom, Senior Planner; Chris Conrad, Planning Director; Robert Voigt, Senior Planner; Lisa Henkel, Housing Secretary; Trudi Worline, Town Clerk; Donna Garcia Spaulding, Second Deputy Town Clerk Paul Taddune, Joe Wells, Bill Boineau, Rick Griffin, Barbara Lucks, John Dresser, Madeleine Osberger, John Mele, Bernie Grauer, Judy Burwell, Debbie Shore, Larry Yaw, Jim Light, Mark Stout, Jim Gustafson, Dave Spence, Paul Taddune, Seth Hmielowski and other members of the public interested in Agenda items for this Meeting. 04- 22 -02tc Page 2 of 9 Finance Director, Marianne Rakowski referred to charts and grafts included in Council's information packet for this Meeting, which identified eight years of historical allocations of expenditures for the Real Estate Transfer Tax Fund (RETT), by categories, as well as appropriations and reserves for the end of each year. In response to a request made by Mayor Manchester, she also provided a separate set of charts and grafts which eliminated the $2.7M costs for Snowmelt Road reconstruction in 1997, although included 2002 Council approved funding for a stream restoration project. She explained that the 2002 Snowmelt Road construction would be funded by the Road Fund as well as funds borrowed from the RETT Fund, which will be reimbursed by the Road Fund. Council reviewed and discussed the information. Manchester explained the need to reserve RETT funds for transportation infrastructure costs related to upcoming developments. Based on RETT funds received in 2001, January and February income from 2002 RETT funds were low. After further discussion, Council determined that staff should wait until the 2002 Capital Improvements Program further develops and bring that information to Council for discussion. Council requested that funding for transportation infrastructure be increased, with less funding for landscaping projects. In response to an inquiry regarding placing a question on the 2002 Snowmass Village Regular Election ballot, which would ask the voters for approval to extend the sunset deadline for collecting RETT, Council requested that the subject be revisited if there are few questions on the 2002 ballot, otherwise staff should plan to place the .RETT extension question on the 2003 Special Election ballot. Item No. 3 SNOWMASS CHAPEL EXPANSION SKETCH PLAN Senior Planner Jim Wahlstrom explained that when the original Snowmass Chapel submission was revised, it caused some concerns regarding emergency access. John Mele of the Snowmass Wildcat Fire District stated that he has been working with the applicant to address the concerns, and felt the applicant will respond and provide the emergency access needs. The applicant representative explained the issue and explained how he would provide the access without jeopardizing any of the representations he has made to Council regarding landscaping. Council discussed the summary provided by Wahlstrom and provided direction. Council reviewed the staff Summary of the Sketch Plan to date, stated concerns regarding sharing the restrooms with golfers and requested that the language be removed and that the applicant develop an optional plan; that the development assure that it would remain akin to a public facility by housing the organ and providing concerts, related public entertainment and artists as a community facility for reasonable public use; that the architecture is a concern both as the structure fits in with the surrounding area and as it impacts the view from Brush Creek Road; the proposed architecture of the exterior cross as it relates to a non- 04- 22 -02tc Page 3 of 9 denominational facility and multi purpose facility as identified in the application; whether the main use of the structure would serve as a church facility or a multi- use facility, and determined after further discussion that the facility would be used for various public purposes including worship services, and would address the requirement of a "necessary public facility Council requested that the architects not be directed or limited in their ability to develop exterior architecture in their attempt to provide creative solutions to Council issues. Council also stated concerns that the standing limited utilization of the parking lot may cause under utilization of the community center and requested further discussion regarding this issue, as well as bussing services, during Preliminary Review and determined that the submission substantiate if there is a need for a fiscal impact or air quality report. The applicant will provide public notice for a Public Hearing and a Resolution for review and approval by Council at the May 6, 2002 Regular Town Council Meeting. Item No. 4: TERRACEHOUSE CONDOMINIUMS MINOR PUD AMENDMENT AND REZONING Mercatoris stepped down from the Council table stating a conflict of interest as a resident of the Terracehouse. Town Planner Voigt explained the criteria for processing a Minor PUD and stated that a Public Hearing on this application is scheduled for the May 6, 2002 Town Council Meeting. He explained that this application would require variation of FAR limit, provision of Community Purpose related to FAR variation as well as identification of development to newly delineated wetlands. The application consisted of reconstructing the five existing stairways on the East side of the building, reconstructing and upgrading material on the East facade and extending it out, adding 79 square feet to each of the 30 condominium units, landscaping on the east side of the site with 72.4 percent of the site as open space and rezoning the site from SPA -1 Specially Planned Area to MF Multi Family. Judi Burwell, representing the Terracehouse Homeowners, outlined the proposal and explained the need to enlarge the units, widen the stairways and reduce the berm vacated during original construction of the condominiums and re- landscape that area. She explained that the majority of the land, being a recreation easement for the Town, allows Benedict Trail to continue through the property along Brush Creek and should be considered as a community benefit. The walkway would be replaced with a wider, heated concrete surface with fewer stairs than currently exist, providing an attractive connection from the Mall to the Base Village area. The Landscaping Plan would feather into the Parkway and the pocket parking would be reconfigured and landscaped to include two parking spaces above and two parking spaces below, serving as a community benefit. The architect explained the exterior upgrades and design for the proposal. Council requested that the new walkway be included in the Town's Recreational 04- 22 -02tc Page 4 of 9 Easement. Staff will investigate wetlands restrictions. The Planning Director stated that trails are allowed within wetlands areas as long as a Restoration Plan is provided. Council determined that the $20,000 to be paid by the applicant as a community benefit would be used toward restoration of the Parkway. The Planning Commission recommended that the restoration take place within the Recreational Easement portion of the Parkway. Manchester requested that staff provide Council with the Town's budgeted amount for Parkway construction at that location and also requested costs for landscaping at the beginning and end of the trail. Staff will include a provision in the final approval document that would include the new trail in the Recreational Easement. Item No. 5: MARKETING SALES TAX DISCUSSION Council Member Mercatoris returned to the Council table. Manchester requested discussion regarding developing a process which would involve their constituents and appropriate players in the formation of this tax, as well as discussion regarding preparation of ballot language for an Election in November in relation to ballot certification deadlines. Council reviewed the list of items for consideration included in the information packet for this Meeting and determined 2.5 percent would be an appropriate number for the tax, determined that the tax should be imposed on all retail sales, restaurant sales and lodging rentals of less than 30 -days duration, interval ownership and timeshare periods; requested further thought and discussion on whether to impose the tax on groceries and pharmaceuticals and a rebate for full -time residents. Manchester requested that Council discuss and determine issues that need to be resolved as conditions for the sale of the Conference Center. He stated that the Snowmass Village Resort Association (SVRA) was unable to agree to reduce or eliminate the Civic Assessment until the Town could provide them with more specific information regarding the proposed Marketing Sales Tax and sale of the Conference Center. Council discussed stipulations necessary for sale of the Conference Center to the SVRA and determined it necessary to include all the stipulations in an Agreement to be signed by SVRA. Manchester explained that if the stipulations were included in the Contract for Sale, SVRA would have no choice but to act within the language of the Contract. Mercatoris disclosed that his property is within the Civic Assessment area and that he serves on the Board of the SVRA. Manchester inquired if Council felt they could agree to the sale of the Conference Center in advance of a successful election, and explained that if the election question is not approved by the voters, then SVRA would be back in control of marketing events and Conference operations. If Council does not agree, then the Town would need to determine a means to meet SVRA's short term needs while delaying the deed transfer. Dave Spence of the Top of the Village Condominiums, questioned the fate of all the Mall Special Events currently supported by the Civic Assessment. Mayor Manchester explained that if the voters approve the Marketing Tax, an appointed Commission would address the issue, although Council would further discuss the issue. Council 04- 22 -02tc Page 5 of 9 requested that the Assistant Town Manager develop a summary of this discussion. Council will set a date to meet in the near future to conclude this discussion with a goal for conveyance by June 1, 2002. Item No. 6: DALY TOWNHOME PRIORITY Hunt Walker, Acting Town Manager, stated that the Housing Advisory Committee (H.A.C.) recommendation states that since the Daly Townhomes were in the planning stages before the HAC was formed, the present seniority system should remain in place for the new development's application and qualification process. Future resales of the Townhomes could then be sold under the favored weighted lottery system. Mercatoris made a motion to follow the current seniority system as recommended by staff and the H.A.C. for the sale of Daly Townhomes, although all of the other new provisions decided on by Council would apply. The motion failed for lack of a second. Mercatoris then made a motion that the selection process be made by the 2, 5, 8, 12 (number of chances per the four employment categories respectively) weighted lottery system to provide more of an advantage for high seniority employees. Mordkin seconded the motion. John Dresser questioned fairness to Town employees by changing the lottery guidelines after the employees were made aware that the Town was to construct additional employee housing. Mercatoris withdrew his motion. Mordkin withdrew his second. Mercatoris then made a motion that the current seniority lottery system be used for 5 of the Daly Townhomes units for first choice by the 15 -year and over employment category and the remainder of the units would be sold under the new weighted lottery system and for future lottery systems, and that this scenario would apply only for the initial applicants and initial sale of the units. After further discussion, Mercatoris amended his motion to state that the current seniority lottery system would be used for the first 6 lottery selections for the Daly Townhome units. This scenario would apply only for the initial applicants and initial sale of the Daly Townhome units. All applicants whose names are not drawn for purchase of one of the 6 specified units, would then be placed in the lottery under the new weighted lottery system. The new weighted lottery system would then be used for sale of the remainder of the units and for future lotteries. The motion was approved as amended by a vote of 5 in favor to 0 opposed. Manchester clarified that if there is only one or no qualified applicants for the two units constructed for employee applicants with physical disabilities, one or both of these units would then be opened for lottery to all qualified Snowmass Village applicants. Council requested that staff draft all necessary ordinances, resolutions, policies, and procedures and be prepared to present them to Council at a Town Council Meeting in the near future. Item No. 7: PUBLIC NON AGENDA ITEMS 04- 22 -02tc Page 6 of 9 There were no Public Non Agenda items. Item No. 8: FIRST READING OF ORDINANCE NO. 04, SERIES OF 2002 CONSIDERATION OF AN ORDINANCE APPROVING A MINOR PUD AMENDMENT APPLICATION BY THE HOMESTEAD AT SNOWMASS HOMEOWNERS ASSOCIATION TO ALLOW CONVERSION OF GARAGE SPACE TO BEDROOM SPACE, AND A REDUCTION IN REQUIRED PARKING. Council and staff discussed parking requirements, reduction of parking spaces, architecture, and multi family issues relating to this project. Council Member Virtue made a motion to approve First Reading of Ordinance No. 04, Series of 2002, seconded by Mayor Manchester. The applicant's representative explained that rules and regulations have recently been enacted regarding parking. The Planning Director requested that Condition No. 3 in the Ordinance include language that states that the Homestead would not be allowed to modify their parking rules and regulations without prior Council approval. He also requested that a Condition be added to require the applicant to pay an Occupancy Assessment for the square footage of garage space being converting to a bedroom. First Reading of the Ordinance was approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 9: RESOLUTION NO. 15, SERIES OF 2002 CONSIDERATION OF A RESOLUTION APPROVING THE RUEDI WATER AND POWER INTERGOVENMENTAL AGREEMENT Council Member Mordkin stepped down from the Council table, stating that he is Council's representative on the Ruedi Water and Power Board. Council Member Mercatoris made a motion to approve Resolution No. 15, Series of 2002, seconded by Council Member Virtue. There being no further discussion, the motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin abstained. Item No. 10: RESOLUTION NO. 18, SERIES OF 2002 CONSIDERATION OF A RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE SNOWMASS VILLAGE TOWN COUNCIL FOR THE MONTH OF JUNE 2002 Council Member Mercatoris made a motion to approve Resolution No. 18, Series of 2002, seconded by Council Member Virtue. There being no discussion, the motion was approved by a vote of 5 in favor to 0 opposed. Item No. 11: DISCUSSION\ACTION SEVEN STAR RANCH PUD REQUEST FOR EXTENSION 04- 22 -02tc Page 7 of 9 The Town Attorney explained that an application has been submitted to the Bankruptcy Court to dismiss the Bankruptcy. Vectra Bank interest, which was by Certificate of Purchase by foreclosure, has been sold to another Trust. The Public Trustee has received a notice that the Certificate of Purchase has been assigned to a new entity. When the Public Trustee is authorized to issue the Deed, title is then vested into the holder of the Certificate of Purchase, who will then be the owner of the property, which will be a different entity than that which Council has been dealing with in the past. If the holder of the title is a new entity, the Pre Annexation Agreement would need to be renegotiated. He recommended that when the new owner entity is identified, negotiations regarding the Brush Creek trail easement be finalized. Steve Connor, the Town Attorney stated that the existing extension of time for the applicant to receive Final Approval of their application from Council expires on April 23, 2002. Connor further explained that it is the obligation of the applicant to request a further extension of time for Final action on the submission, sign over the easement or convince Council that they will sign over the easement by the First or Second Meeting in May. Joe Wells, applicant's representative, stated that the owner's have agreed to provide the Town with the trail easement and will do so as soon as the Bankruptcy Court allows. Manchester explained the urgency to construct the Brush Creek Trail in 2002, requested that the applicant provide an update to Council by May 13, 2002, and directed staff to provide the applicant with the information needed to develop the documents necessary to proceed on the trail easement agreement. The Town Attorney stated that fees due to the Town from the applicant are approximately $20,000. Wells requested that the deadline for Council to act on the submission be waived until May 14, 2002. Mercatoris made a motion to accept the request for extension, seconded by Mordkin. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 12: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /CALENDARS Rodeo Committee Mordkin reported the formation of the Rodeo Committee, which includes Jim Snyder, John Baker, Alan Caniglia, Tom Wenzel and Mike McLarry. The Committee met on April 17, 2002. Mordkin stated that staff has begun the process to license the area for food and alcoholic beverages. Rodeo Grounds Use Mordkin stated that he has received requests to utilize the Rodeo Grounds for a concert on September 11, 2002, and for a horseback riding operation during the summer months. The Assistant Town Manager stated that he has received a request from a hot -air balloon operator to launch the balloons from the Rodeo property. Council determined that the Asset Manager would manage requests for use of the Rodeo grounds for uses other than Rodeo related issues. 04- 22 -02tc Page 8 of 9 Base Village Revisions In response to a concern expressed by Mordkin, Virtue explained that he felt Base Village applicants are making changes to their plans based on information from Intrawest, other ski areas and in response to their meetings with the Planning Commission. Transportation Closure In response to a concern stated by Mordkin, Hunt Walker explained that the Transportation Department failed to advertise closure of the Transportation system for the annual end of the season celebration. Community Fund Tree Fund Mercatoris reported that the Snowmass Community has funds left over from the Tree Fund after completion of the tree planting project at Community Park. He requested suggestions for use of the funds. Virtue suggested replacing the trees removed on the Daly Townhomes site. Industrial Psychologist Virtue reported that Dr. Dennis Whittacher would arrive on May 6, 2002 to meet with Town Manager position finalists. The Assistant Town Manager will be scheduling and making all arrangements related to the meetings, and acting as host. Council and Dr. Whittaker will interview the applicants on Monday and Tuesday May 6 and 7, 2002. Dr. Whittaker will provide Council with a full report on the briefings on Wednesday, May 8. The Interview Committee has been notified to attend. Council agreed on the schedule. RTA Retreat Manchester reported that he and Council Member Purvis recently attended a Rural Transportation Authority Retreat. The group plans to hold a retreat on a bi- annual basis. Special District Elections Manchester reported that elections are scheduled by the Hospital and Wildcat Fire District on May 7, 2002. He encouraged Snowmass Village to vote at the Community Center. Holy Cross Electric Meeting Manchester stated that he plans to attend a Holy Cross meeting with Council Member Mordkin and the Acting Town Manager in Glenwood Springs on Friday, April 24, 2002 at 10:30 a.m. Out of Town Mercatoris stated that he would be out of Town from April 24 until May 4, 2002. 04- 22 -02tc Page 9 of 9 Special Council Meeting The Assistant Town Manager stated that a Special Council Meeting has been scheduled for May 9, 2002, 8:30 a.m. in the Kearns Room at the Conference Center. The subject will be Commercial Core Concept. Posting \Town Manager Finalists The Assistant Town Manager stated that the law requires posting the names of the Town Manager applicant finalist 14 -days prior to making an offer to one of the finalists. Item No. 13: EXECUTIVE SESSION Mayor Manchester stated that the topic for discussion in the Executive Session would be a conference with the Town Attorney or Special Counsel for the Town for the purpose of receiving legal advice on specific legal questions regarding Lot 42 and Lot 45 (Krabloonik) and continued conversations with the Acting Town Manager relative to his job performance. At 8:15 p.m. Council Member Virtue made a motion to convene to Executive Session, seconded by Council Member Mercatoris. The motion was approved by a vote of 5 in favor to 0 opposed. At 8:22 p.m. Council Member Virtue made a motion to reconvene the Regular Meeting, seconded by Council Member Mercatoris. The motion was approved by a vote of 5 in favor to 0 opposed. An audiotape of the Executive Session is on file with the Town Attorney. Item No. 14: ADJOURNMENT There being no further business, Mayor Manchester made a motion to adjourn the Meeting, seconded by Council Member Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting Adjourned at 8:23 p.m. APPROVAL OF MINUTES FOR THIS MEETING Minutes were approved as amended, at the May 13, 2002 Regular Town Council Meeting with a motion made by Mordkin, seconded by Council Member Purvis, and upon a vote of 5 in favor to 0 opposed. mitted By, rudi Worline, Town Clerk Submitted By, Donna G ,'rcia"Spaulding, Second Deputy Town Clerk