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05-13-02 Town Council MinutesSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MAY 13, 2002 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council at 3:05 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: PUBLIC PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue, 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; Carey Shanks, Assistant to the Town Manager; Robert Voigt, Senior Planner; Jim Wahlstrom, Senior Planner; Chris Conrad, Planning Director; Craig Thompson, Community Development Director; Art Smythe, Chief of Police; Marianne Rakowski, Finance Director; David Peckler, Transportation Manager; Rhonda Coxon, Deputy Town Clerk, Trudi Worline, Town Clerk Madeleine Osberger, Brent Gardner Smith, Paul Taddune, Pat O'Donnell, Mark Stout, Joe Wells, Allan Caniglia and other members of the public interested in Agenda items for this Meeting. Item No. 2: LAND USE REVIEW PROCEDURE DISCUSSION In order to make the process more efficient, the Planning Director requested Council direction regarding staff and applicant presentation of Land Use Review processes. 05- 13 -02tc Page 2 of 9 At the first Sketch Plan Review following the Joint Meeting with the Planning Commission, Manchester requested that staff provide their written opinion regarding the subject planned for discussion as a separate opinion from the Planning Commission's recommendation. Council would then take both opinions into consideration as they review the topic chosen for discussion and make their decision. To agree with the Planning Commission's recommendation would be an option available to Council. Council defined an outline for a LUC project review which is to be provided at the first Meeting following the Joint Council \Planning Commission Meeting. If the project is large enough to do so, it is to be broken down into Components related to the project, Elements related to the Components (and identified as critical, relevant or necessary) and Issues related to the Elements. Council requested that staff identify and prioritize all the Components and related Elements and Issues in such a manner as they feel would be the order of importance to Council. Council would then discuss the prioritization and make changes as they deem necessary. Council also requested a thorough and complete review as possible of one topic per Meeting in order to eliminate numerous discussions at several meetings on the same subject. The first Meeting after the Joint Meeting would include the Planning Commission's recommendations, the matrix, a refresher of what the project entails and any modifications made during the Planning Commission process. Related to the Component and Elements for discussion on a specific day, staff would then provide a 15- minutes or less summary of staff's opinion and a short summary of Planning Commission's recommendation. Applicant presentations would be limited to 20 -30 minutes, 15- minutes would be allowed for staff to identify issues they believe require special Council consideration and Council agreed to ask questions for clarification purposes only. Council requested that no additional written information or photo hardcopies be given to Council at Meetings that are not included in the Council information packet materials and encouraged staff to request clarification when necessary. Council requested that staff accommodate applicants to the best of their ability within Planning Division's time constraints. The Town Manager and the Mayor will work to regulate the length of the Agenda, keeping the Meetings to approximately 4 to 5 hours in length. Item No. 3: PUBLIC NON AGENDA ITEMS Alan Caniglia stated that he is a member of the Snowmass Village Financial Advisory Board (FAB) and also the President of the Homestead Homeowner's Association. He explained that as a member of the FAB, the Municipal Code requires that Council approve a Resolution allowing him to appear before Council on Homestead matters. After further discussion, Mercatoris made a motion to allow Alan Caniglia to represent the Homestead Homeowner's Association 05- 13 -02tc Page 3 of 9 before the Town Council and the Planning Commission. Virtue seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Council directed staff to prepare a Resolution to ratify this approval at the May 20, 2002 Regular Town Council Meeting. Caniglia stated that he previously appeared at a Council Meeting regarding a golf cart path issue with the Snowmass Club and redevelopment of the Golf Course. At that time, the Homestead and Snowmass Club reached an agreement, which was read into the Council Meeting record at the Meeting. He reported that the Snowmass Club has not honored the agreement in this respect and is now claiming that the Homestead Homeowners misunderstood the construction which was to take place. Caniglia questioned the recourse of the Homestead to right the wrongful act. Council directed staff to determine if the Snowmass Club is acting within their Land Use approval for construction. Once this determination is made, the Town Attorney will advise Council of their options regarding this issue. Item No. 4: MAYOR'S PROCLAMATION NO. 01, SERIES OF 2002 A PROCLAMATION COMMENDING THE ASPEN SKIING COMPANY FOR MANDATING THE USE OF HELMETS FOR SKIERS 12 YEARS OLD AND UNDER Mayor Manchester read the document commending the Aspen Skiing Company for being the first ski area in the nation to mandate the use of helmets for skiers 12 years old and under who are under the supervision of the Ski School. He congratulated Pat O'Donnell, representing the Aspen Skiing Company, and requested that staff provide the ASC with a signed and framed copy of the Proclamation. In response to an inquiry made by Manchester, O'Donnell offered to provide Council with a presentation of the skiing industry status by David Perry. Item No. 5: DISCUSSION\ACTION 7 STAR RANCH PUD REQUEST FOR EXTENTION Joe Wells, representing the owners of the Seven Star Ranch, reported that the Bankruptcy cases have been dismissed and that funds are allocated in the settlement to pay the outstanding fees of approximately $20,000 owed to the Town. Wells explained that a Public Trustee's deed for Seven Star Ranch has been issued to Milvenan Family First Limited Partnership, a copy of which has been provided to the Town Attorney. He reported that he has drafted the Easement Agreement for the Town trail through the property and a resolution establishing a procedure for processing the pending Final Planned Unit Development Application for Seven Star Ranch, consistent with the owners' position regarding granting the trail easement prior to final consideration of the application. Wells requested Council approval to proceed with amendments to the application regarding the proposed access to the property and return to Council on approximately September 1, 2002 to move forward to Final Approval 05- 13 -02tc Page 4 of 9 with a secured access. He explained that if this plan fails, Seven Star would then submit their application for Preliminary Review under the new Land Use Code. Manchester requested language be included that situates the trail easement in such a location that would avoid disruption by any future construction on the Holy Cross Electric easement yet remain as close to Brush Creek Road as possible. He also requested language be included to specify the trail crossing across Brush Creek Road onto the Triangle property. Council discussed nighttime closures of the trail easement and requested that it be technically consistent with the 1041. The Town Attorney will meet with the applicant's attorney to finalize the description. The Town Attorney explained the purpose and contents of the draft Resolution After further discussion, Manchester agreed that the Resolution language was generally acceptable, although directed the Town Attorney to review the draft Resolution with the Planning Director before further consideration by Council. The Town Attorney explained the need for Council to review and approve the Resolution in order to finalize the Easement Agreement. Mercatoris made a motion to approve Seven Star Ranch's request to waive the deadline for Council action on Final approval consideration to May 21, 2002. Virtue seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 6: FIRST READING ORDINANCE NO. 06, SEREIS OF 2002 TO RECEIVE PUBLIC COMMENT AND FIRST READING CONSIDERATION OF AN ORDINANCE APPROVING A MINOR PLANNED UNIT DEVELOPMENT AMENDMENT TO THE TERRACEHOUSE CONDOMINIUMS AND REZONING THE PROPERTY TO MF MULTI FAMILY (Tabled from 05 -06 -2002) Mercatoris stepped down from the Council table stating a conflict of interest as a resident of the Terracehouse. Senior Planner Robert Voigt explained changes to the Ordinance since Council review at the May 6, 2002 Council Meeting. Manchester requested that when community benefits for a project includes funds to be paid to the Town for use on future projects, the funds be collected before the applicant receives a Certificate of Occupancy and deposited in a Town bank account for future use on the specified project. He requested that this language be included in the Ordinance as it pertains to the $20,000 community benefit for this project. Virtue made a motion to approve First Reading of Ordinance No. 06, Series of 2002 as amended. Mordkin seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris abstained. Item No. 7: APPROVAL OF MEETING MINUTES FOR 04 -08 -02 and 04 -22 -02 Mercatoris returned to the Council table. Mordkin made a motion to approve the Meeting Minutes as listed above, seconded by Purvis. Mordkin requested that 05- 13 -02tc Page 5 of 9 on Page 2 in the Minutes of April 22, 2002, under Item No. 3: SNOWMASS CHAPEL EXPANSION SKETCH PLAN, in the last sentence of the first paragraph, staff include the directions Council provided in response to the staff's summary. In reviewing the Minutes, The Town Clerk reports that the Summary items and Council direction for each were included in the second and third paragraphs of that section of Minutes. Mercatoris requested that in the Minutes of April 22, 2002, Page 4, first paragraph, third sentence under Item No. 5, should read tax should be imposed on all retail sales, restaurant sales and lodging.... Farther into the same sentence, Mercatoris requested that the words "...to impose the tax on food, beverages... be replaced with "...to impose the tax on groceries..." Mercatoris stated his intent and requested an amendment in the Minutes of April 22 on Page 5, second paragraph, beginning with the first sentence under Item No. 6 as follows: "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 are only one or no qualified applicants for the two units constructed for employees with physical disabilities, one or both of these units would then be opened for lottery to all qualified Snowmass Village applicants. Purvis requested that on Page 3 in the Minutes of April 8, 2002, fourth paragraph under Cross access, the sentence should read "Council requested that the applicant vigorously address internal access provisions for all adjacent land uses..." Purvis stated that parking and traffic as an impact and egress from the site onto Brush Creek Road, and the resulting impact on the intersection of Owl Creek and Brush Creek Roads, were of utmost Council concern. This sentence will also be added to the Minutes. Mercatoris requested that on Page 2 in the Minutes of April 8, fifth paragraph, third sentence be changed to read, "Mercatoris questioned how the applicant would assure the use of adjacent Snowmass Corporation land for overflow parking." Manchester requested that on Page 2 in the Minutes of April 8, fourth paragraph, first sentence be changed to read "Council stated concern regarding the roof pitch and requested that the rooftop be no taller than currently presented, and that the architecture remain similar to previous designs." 05- 13 -02tc Page 6of9 There being no further changes or additions, the Minutes were approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 8: RODEO DISCUSSION The Acting Town Manager requested Council direction regarding issues related to the Rodeo operation. Virtue and Purvis stated their concern regarding a suggestion that the various Rodeo components be operated by Town employees. Purvis and Mercatoris requested that contractors be hired to operate all the various aspects of the Rodeo. Council majority agreed that the Rodeo entity is a separate operation from the Town other than oversight and monitoring by Town staff. Council requested that all staff time utilized and all expenses related to re- activiation, repairs, maintenance and operation of the Rodeo be tracked and charged to the Rodeo account for sensible business accounting. Mordkin stated that he would act as the contact person for the Rodeo. He also invited Town employees to contact him if they would like to earn extra money to work the various jobs at Rodeo events. Council also agreed that general Rodeo telephone calls could be handled by Town Clerk's Department. If the additional Rodeo workload becomes a burden on a department, consideration would then be given to hire additional help. Mordkin stated that members of the Rodeo Committee would act as signatories for the Town's application for the Rodeo Liquor License. Alan Caniglia, Tom Wentzel and Arnie Mordkin would represent the Town on the Liquor License application. Mordkin requested a letter of indemnification for Caniglia and Wentzel as they act in an official capacity for the Town, or that they be covered by the Town's insurance. He requested that the Town obtain a Liquor License in the event the Town were to lose the food and beverage contractor. Purvis stated Council's appreciation to Mordkin for taking on the responsibility to ensure the Rodeo operations for the Summer. He requested that the Rodeo minimize the involvement of Town employees and identify funds expended for additional employees and "in kind" contributions from Town staff. The Deputy Town Clerk explained that once the Town makes application to the State for the Liquor License, all application fees are non refundable. Referring to the contract signed with the Burwells, Mordkin stated that he approved the Burwells use of the Rodeo grounds for the Prime America, SAC and Pearl Vision events. Council requested that staff inspect the area for necessary safety repairs, including the associated housing on the property. Council also requested that the housing be rented to a tenant that would oversee the property. Hunt Walker stated that the Town Public Works Department would provide up to $5,000 of in -kind work at the Rodeo area as provided during prior years. The Assistant to the Town Manager will identify repairs within the next two weeks. Council requested that staff monitor illegal nighttime use of the property. Mordkin will identify necessary repairs to the Rodeo arena. Council 05- 13 -02tc Page 7 of 9 agreed that the public would be allowed to utilize the arena and requested staff contact CIRSA for approval to allow public use of the Rodeo area within reason, and determine appropriate signage that relieves the Town of liability if injury should occur on the property. Mercatoris made a motion to approve up to $20,000 advance of Town funds to be used for purposes specifically related to the Rodeo including advertising, repairs and maintenance to be utilized by Mordkin without express consent of Council, and that Mordkin be allowed to sign contracts on behalf of Council for purposes specifically related to Rodeo activities. The funds will be reimbursed from Rodeo revenues. Virtue seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mordkin abstained. Manchester made a motion for Mordkin to expend funds of $50,000 to the stock contractor plus $2,800 for condominium rental for 2 months. Mercatoris seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mordkin abstained. The Assistant to the Town Manager reported that he has requested bids from two trail ride companies that have requested use of the Rodeo parcel to operate trail rides during the Summer and sleigh ride operation during the Winter. Council requested that the sleigh ride operation be separated from the Temporary Use Permit for the trail riding operation, for which the applicant could make application at a later date. Manchester requested that staff write criteria for a Request for Proposals for a Rodeo operator next Summer. Item No. 9: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /CALENDARS Leash Law In response to an inquiry made by Purvis, the Chief of Police stated that dog owners are required to keep their dogs on a leash when they are not otherwise contained. Police Pick -Up Purvis requested that the Chief of Police retrieve an orange bag left near the Community Park fence. Community Park Watering Purvis requested that the Public Works Director make arrangements to water the grass at Community Park. Construction Dust Purvis requested that staff contact the contractor at the Golf Course and request that they control the dust generated by construction activities. 05- 13 -02tc Page 8of9 Commercial Core Discussion Purvis requested a Council discussion in the near future regarding the Commercial Core Meeting held on May 9, 2002. Council requested that staff schedule the discussion for the June 10 or 17, 2002 Council Meeting. Marketing Tax Discussion Mordkin requested Agenda time be scheduled in the near future to further discuss the Marketing Tax proposed to be a ballot question at the November, 2002 Election. Solar Lighting Test The Acting Town Manager reported that solar panels would be tested for lighting the sign on the island at the intersection of Brush Creek Road and Highway 82 on May 29 or 30, 2002 at approximately 8:30 p.m. Mercatoris requested that staff begin landscaping the area as soon as possible. Kearns Road Easement Mercatoris requested that the Town obtain an easement for Kearns Road from the Aspen Skiing Company. Manchester requested that the Town Attorney identify if the easement is exclusive or non exclusive. Council majority agreed. July 4 Community Picnic Mayor Manchester requested that the Assistant to the Town Manager organize the annual July 4 Community Picnic. The Snowmass Village Rotary Club has agreed to man the barbeque. Town Clean -Up Day Manchester stated that Town Clean -Up Day has been scheduled for Friday, May 17, 2002. The Snowmass Village Rotary Club has agreed to man the barbeque for the event. Youth Recreation \Summer Events Manchester reported that an arcade would be opened for the Summer in the former Central Reservations office at Snowmass Village Resort Association, Snowmass Village will host the first Mountain Board Race on June 30, 2002 on Fanny Hill and Paint Ball will be provided as a Summer Mountain event. Sales and Marketing Meeting Manchester reported that he recently attended a Sales and Marketing Meeting. Statistics show that occupancy is down very little from last Summer and an average Summer has been predicted. Fire Pit Mordkin reported that he met with Lance Burwell regarding the fire pit, which will be constructed by the Silvertree Hotel before the Winter season. 05- 13 -02tc Page 9 of 9 Item No. 9a: EXECUTIVE SESSION Manchester stated that the topic for discussion in the executive session will be: 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 instruction to negotiators regarding a contract for the position of Town Manager. At 6:40 p.m. Mercatoris made a motion to convene to Executive Session for the reasons stated above. Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. At 7:45 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. 10: ADJOURNMENT There being no further business, Virtue made a motion to adjourn the Meeting, seconded by Mordkin. The motion was approved by a vote of 4 in favor to 0 opposed. Council member Purvis was absent. The Meeting adjourned at 7:45 p.m. APPROVAL OF MINUTES FOR THIS MEETING Minutes were approved as amended, at the June 10, 2002 Regular Town Council Meeting with a motion made by Council Member Mercatoris, seconded by Council Member Virtue, and upon a vote of 4 in favor to 0 opposed. Council Member Purvis was absent. Submitted By, Trudi Worline, Town Clerk