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05-20-02 Town Council MinutesMayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, May 20, 2002 at 2:08 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: PUBLIC PRESENT: SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MAY 20, 2002 DISCUSSION AGENDA Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue, and Robert Purvis Council Member Mordkin arrived at 3:50 p.m. All Council Members were present. Hunt Walker, Acting Town Manager and Public Works Director; Craig Thompson, Community Development Director; Carey Shanks, Assistant Town Manager; Marianne Rakowski, Finance Director; David Peckler, Transportation Manager; Jim Wahlstrom, Senior Planner; Chris Conrad, Planning Director; Robert Voigt, Senior Planner; Rhonda Coxon, Deputy Town Clerk; Donna Garcia Spaulding, Second Deputy Town Clerk Madeleine Osberger, Dave Myler, Jerome Simeck, Brett Huske, Brent Gardner Smith, Mary Harris, John Rex, Michael Adams, John Quigley Scott Patterson and other members of the public interested in Agenda items for this Meeting. Item No. 2: TERRACEHOUSE SITE VISIT A Town van transported Council Members to the Terracehouse site where Council was able to examine the parkway restoration area and gain insight to the proposed construction. 05- 20 -02tc Page 2 of 10 Item No. 3: COUNCIL PHOTO SESSION Town Council Members returned to Council Chambers, where a group photograph was taken. Council Member Arnold Mordkin was absent. Item No. 4: TRANSPORTATION REPORT Peckler reviewed the Parking Agreement, requested Council direction and explained that there are no planned changes to the permit pricing, parking regulations or parking distribution for the upcoming winter season. He recommended a fee of $10.00 for Day Skier Permits and that the language be clarified by stating that the Rodeo Lot is free to all for the purpose of Day Parking. Peckler reported that Employee, Resident, Gold and Senior permits have remained the same for the past three years and Guest permits increased two years ago to $15.00 for one week of parking. Mercatoris requested that Merchant permit fees be included in the document, and that language be included to clarify Resident One, Resident Two and Resident Three permits. Doug Mackenzie of the Aspen Skiing Company explained that permits for parking in the Two Creeks parking lot will continue in the future as an incentive for skiers to use mass transit. Peckler also updated Council on the most recent Winter season Village Shuttle service including route cuts made in order to accommodate the budget. Mercatoris stated his desire to reinstate Route 7 through Mountain View. Manchester stated his concern that there is not a back -up Shuttle for Route 3 to accommodate guests when there are more passengers than the Route 3 bus can hold. Council discussed a slight increase in permit prices for the 2003 \2004 Winter season to be used to enhance the Shuttle bus service. Staff will calculate and provide a recommendation to Council for consideration during the upcoming Budget review process. Council commended staff for operating the Shuttle system during the past Winter season within budget constraints. Item No. 5: MARKETING TAX DISCUSSION Council Member Mercatoris disclosed that he is a member of the Snowmass Village Resort Association (SVRA). Council determined that this was not a conflict of interest at this time. Manchester stated that at the April 22, 2002 Council Meeting, Council began discussion regarding commitments, issues and timelines associated with implementation of a Marketing Tax, planned as a ballot question at the November 2002 Regular Election. At that Meeting, Council reviewed a list of necessary issues that need to be addressed to promote the ballot issue and formation of a marketing commission in anticipation of the Tax being approved by the voters. Brett Huske, representing SVRA, outlined commitments and deadlines necessary to market the Village. After further discussion, Council agreed that if the Marketing Tax is approved by the voters, it could be implemented on a future date that would allow the Civic Assessment to 05- 20 -02tc Page 3 of 10 continue until a Marketing Commission is appointed and sufficient time for the Commission to work with SVRA as a part of their annual planning process to gain information and make a smooth transition from use of the Civic Assessment to the Marketing Tax. Council continued the review of points outlined in a memorandum to Council from Mordkin, which was provided to Council at the April 22 Council Meeting. Council agreed to set up a Marketing Commission, eliminated Paragraph No. 6, changed Paragraph No. 5 to state that the funds would be exclusively dedicated to marketing defined to include print, electronic advertising media, mail, direct solicitation and public relations. Also these funds could be expended for the creation, promotion and execution for special events. Council requested that the last line in the paragraph should state that management expenses would also be paid by the Tax, and agreed that Commission recommendations be adopted by the Council unless rejected by a 3 /4 vote. Council discussed a process for selection of a Marketing Tax Committee and determined that bylaws, as well as the ballot language should be developed by July, 2003. Council requested that the Assistant to the Town Manager meet with representatives of SVRA, members of Council and others within the community to receive their suggestions and comments regarding potential representation on the Commission and provide a summary of all comments to those who provided comments and Council. Council will discuss Commission terms, term limits and food tax rebate at a later date. Council agreed on the language for removal of a Commission member as written and requested that the Acting Town Manager meet with the Town Attorney to determine the process for developing an appropriate set of by -laws for the Commission. Council requested that the Assistant to the Town Manager make revisions to the memo per discussion at this Meeting for further discussion at a future Council Meeting. Council Member Mordkin arrived at 3:50 p.m. Manchester explained that Snowmass Village Resort Association (SVRA) is interested in purchasing the Conference Center consistent with the Conference Lease Contract. Manchester referred to a letter of proposal from the SVRA which stated a purchase price of approximately $2.58M under certain terms and conditions. Council discussed the letter of proposal and discussed concerns. Of concern was the language that outlined the SVRA voting structure to reinstitute the Civic Assessment if an initiative against the Marketing Tax or some other measure taken in the future, were to cause the Marketing Tax to cease. After further discussion, Council agreed that the Mayor would contact the Chairman of the SVRA to obtain clarification and report back to Council NOTE: Mayor Manchester stated that Agenda Item No. 7 would be discussed at this time. 05- 20 -02tc Page 4 of 10 Item No. 7: KRABLOONIK OWNERS DISCUSSION Council Member Virtue stepped down from the Council table, stating a conflict of interest as a Divide homeowner. Mayor Manchester explained that the discussion was one of ownership and not a land use discussion. Dave Myler, representing Dan MacEachen of Krabloonik, reviewed the terms of the proposal. The proposal included a trade in assets in an attempt to equalize value through a lease. He stated that Krabloonik, owner of Lot 45 of the Divide PUD has proposed a land trade with the Town, owners of Lot 42. He requested that the Town rezone or reconfigure Lot 42 to accommodate construction of a single family home site, and develop a lease agreement Lot 42 is .7 acres and Lot 45 is 1.7 acres. The perception that the value of Lot 45 is higher than that of Lot 42, and to balance that equation, the applicant is requesting a long -term lease -back for a nominal amount of $10.00 per year for 20- years. The applicant is also requesting that the Divide Association would make property available next to the Krabloonik restaurant for a parking lot to replace the one that would revegetated with the single family homesite on Lot 42. The construction of the parking lot would be paid for by MacEachen with proceeds from the sale of Lot 42. All parties would then agree to place a covenant on Lot 45 to run with the land and restrict its future use to continuation of Krabloonik or a similar operation, a single family homesite or open space. There would also be a lease with MacEachen for 10 or 20 years for a nominal fee to continue operating the community amenity, as well as providing MacKeachen with the opportunity to buy back the property sometime in the future under terms and conditions established by the landowners. This option would not have the opportunity to be exercised, nor the lease assigned for at least 10- years. He stated that this would be an alternative to an appraisal process. Council agreed to the conceptual proposal which will be further discussed when a formal application is reviewed by Council. Mercatoris stated his preference that the Town would become the owners of the new parking lot. Council also agreed that the applicant could proceed with the sale of the single family home in a parallel process with the Land Use process. Item No. 6: COMMERCIAL CORE DISCUSSION The Assistant to the Town Manager explained that the Town convened the Commercial Core stakeholders on May 9, 2002 in order to get a clear picture on the Town's Commercial Core future. The intent was to further stimulate action by the commercial stakeholders toward the creation of a "Seamless Vital, Vibrant Commercial Core." The results of the meeting was that Walter Keiser on behalf of the Town and Mary Brown on behalf of two Mall Principles, would sketch out a specific plan on how the private sector stakeholder can jointly create a business plan for the commercial core. He requested Council direction on the extent of Town staff involvement in these meetings. Council stated their discomfort with the plan information provided on May 9, which included the Mall, Base Village and the Center, and their need to review the information for further clarification and discussion to reach a comfort level that the plan would work as the best 05- 20 -02tc Page 5 of 10 solution for the future of the community. Council agreed to hire a consultant such as Chris LaTurner, to provide independent information and their expertise to assist Council through this process. Item No. 8: PUBLIC NON AGENDA ITEMS Don Schuster from the Aspen Skiing Company, reported that he is working with Alan Caniglia of the Homestead Homeowners Association to reach an agreement pertaining to issues related to the golf course construction, and which was previously discussed at a November, 2001 Council Meeting. Schuster also informed Town Council that the newly constructed berm located at the Snowmass Golf Course hole number one, near the intersection of Highline Road and Brush Creek Road, is permanent and was included in the application approved by Town Council. He stated that the berm is in its initial construction stage and will be sculpted and landscaped. He has requested that the golf course architect consider creating view corridors in the berm to address concerns. Item No. 9: SEVEN STAR TRAIL EASEMENT Mordkin made a motion to approve the extension until June 11, 2002, seconded by Mercatoris. The motion was approved by a vote of 5 in favor to 0 opposed. Mercatoris requested that attorney Paul Taddune to speak to his tenant living in the house on the triangle parcel near the Town's entryway, and ask that the grounds be cleared of trash. Manchester reported that he is working with representatives of Seven Star Ranch and the Town Attorney to define a trail easement along Brush Creek Road. Item No. 10: RESOLUTION NO. 28, SERIES OF 2002 A RESOLUTION APPROVING ALAN CANIGLIA TO REPRESENT HOMESTEAD HOMEOWNERS ASSOCIATION BEFORE TOWN COUNCIL Mordkin made a motion to approve Resolution No. 28, Series of 2002, seconded by Mercatoris. After discussion the Council requested that the language state that the Town Council hereby approves the appearance of Alan Caniglia before the Town Council on behalf of the Homestead Homeowners Association for issues relative to a minor PUD application for Homestead and for Snowmass Club PUD, and that Mr. Caniglia is expressly not authorized to appear before the Financial Advisory Board except for his capacity as a Financial Advisory Board Member. Manchester made a motion to amend the Resolution as stated, seconded by Mordkin. The Resolution was approved as amended, by a vote of 5 in favor to 0 opposed. 05- 20 -02tc Page 6 of 10 Item No. 11: PUBLIC HEARING AND SECOND READING— ORDINANCE NO. 05, SERIES OF 2002 TO RECEIVE PUBLIC COMMENT AND SECOND READING CONSIDERATION OF AN ORDINANCE APPROVING A MINOR PLANNED UNIT DEVELOPMENT AMENDMENT FOR ANDERSON RANCH ARTS CENTER FOR AN ADDITION TO THE PAINTING BUILDING Mayor Manchester opened the Public Hearing at 5:30 p.m. The Planning Director stated that all submission and public notification requirements have been met by the applicant for an application of this type in accordance with the Snowmass Village Municipal Code. There being no comments from the public, Mayor Manchester closed the Public Hearing at 5:31 p.m. Mercatoris made a motion to approve Ordinance No. 05, Series of 2002, seconded by Virtue. There being no further discussion, a roll -call vote was taken and Second Reading of the Ordinance was approved by a vote of 5 in favor to 0 opposed. Item No. 12: PUBLIC HEARING AND SECOND READING ORDINANCE NO. 06, SEREIS OF 2002 TO RECEIVE PUBLIC COMMENT AND SECOND READING CONSIDERATION OF AN ORDINANCE APPROVING A MINOR PLANNED UNIT DEVELOPMENT AMENDMENT TO THE TERRACEHOUSE CONDOMINIUMS AND REZONING THE PROPERTY TO MF MULTI- FAMILY Mayor Manchester opened the Public Hearing at 5:32 p.m. Mercatoris stepped down from the Council table, stating a conflict of interest as a resident of the Terracehouse. Senior Planner Robert Voigt affirmed that all submission and public notification requirements have been met by the applicant for an application of this type, in accordance with the Snowmass Village Municipal Code. He outlined changes to the Ordinance since First Reading. There being no comments from the public, Mayor Manchester closed the Public Hearing at 5:33 p.m. Virtue made a motion to approve Second Reading of Ordinance No. 06, Series of 2002, seconded by Purvis. It was confirmed that Terracehouse representatives have agreed to the amendment concerning payment of $20,000 for development of the Benedict Park \Trail area as a community purpose. Manchester made a motion that Section Three: Conditions, paragraph No. 5, be changed to read "the Applicant will provide $20,000 to the Town for the sole purpose of constructing a portion of the Benedict Trail...." Purvis 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 Ordinance No. 06, Series of 2002 was approved as amended, was approved by a vote of 5 in favor to 0 opposed. 05- 20 -02tc Page 7 of 10 Item No. 13: PUBLIC HEARING AND ACTION RESOLUTION NO. 13, SERIES OF 2002 TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A RESOLUTION CONSIDERING ACCEPTANCE OF A SKETCH PLAN PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT FOR THE SNOWMASS CENTER REDEVELOPMENT AND EXPANSION AUTHORIZING THE APPLICANTS, SNOWMASS CENTER LIMITED PARTNERSHIP AND SNOWMASS LAND AND CATTLE COMPANY, TO PROCEED TO A PRELIMINARY PLAN PUD APPLICATION SUBMITTAL. SAID SKETCH PLAN GENERALLY PROPOSES, 1) AN INCREASE IN THE COMMERCIAL AND OFFICE SQUARE FOOTAGE FROM 53,085 TO 73,665 SQUARE FEET; 2) ADDING 26 MULTI- FAMILY UNIT ABOVE THE CENTER; 3) ADDING 37 UNITS IN THE DRAW AREA BEHIND THE CENTER; 4) ADDING FOUR SINGLE FAMILY LOTS WITH ACCESS ROAD, DRAINAGE POND AND PARKING AREA IN THE DRAW AREA BEHIND WOODBRIDGE CONDOMINIUMS; 5) A HEIGHT VARIANCE INCREASING THE MAXIMUM BUILDING HEIGHT TO SIX LEVELS OR 75 FEET; AND 6) A PARKING AND DRIVEWAY RE- ARRANGEMENT INVOLVING APPROXIMATELY 324 SPACES, INCLUDING STRUCTURED AND UNDERGROUND PARKING FACILITIES. Mercatoris returned to the Council table. Mayor Manchester opened the Public Hearing at 5:25 p.m. Senior Planner Jim Wahlstrom stated that all submittal and public notification requirements have been met by the applicant according to the Snowmass Village Municipal Code. John Dresser, representing the Woodbridge Condominium Association, submitted a letter containing language he wished to be included in the Resolution. In response to an inquiry made by Mordkin, Mercatoris explained the process for the applicant to include additional information, beyond what is required, during the Sketch Plan process. Manchester explained that the Resolution contains information accepted by Council during the Sketch Plan process, provides direction on the Sketch Plan to the applicant and allows the applicant to proceed to the Preliminary Plan process. The Planning Director stated that this Resolution sets forth requirements for information and reports from the applicant necessary for the Planners to accept a Preliminary Plan submission as complete. Council reviewed the Resolution and requested necessary changes. Shaw, owner Nick Coates,and Jerome Simecek of the Snowmass Mountain Condominiums also requested language changes and inclusions throughout the document. Manchester stated for the record that he is not comfortable with how the applicant will address the employee housing mitigation. Staff provided clarification throughout the document. Mercatoris made a motion to approve the 05- 20 -02tc Page 8 of 10 Resolution, seconded by Virtue. Mordkin made a motion to table the Resolution to the Regular Town Council Meeting scheduled for June 10, 2002. Purvis seconded the motion to table. The motion to table was approved by a vote of 5 in favor to 0 opposed. Mayor Manchester stated that this Public Hearing would be continued at the June 10, 2002 Regular Town Council Meeting scheduled to begin at 2:00 p.m. Item No. 14: RESOLUTION NO. 25, SERIES OF 2002 A RESOLUTION GRANTING SUBDIVISION EXEMPTION APPROVALTO ADJUST THE INTERIOR LOT LINE AND DEFINE NEW BUILDING ENVELOPES FOR LOTS 6 AND 8, MELTON RANCH UNIT 11 The Planning Director explained that the applicant and new owner of Lots 6 and 8 is requesting subdivision exemption approval to adjust the interior lot line and define new building envelopes for Lots 6 and 8. He further explained that the lot line and building envelope adjustments are being proposed to allow the existing residence, excluding the garage, to remain within the new Lot 6 and to enable the construction of a new single family residence within the amended Lot 8. Jim Benson, representing the applicant, explained the site design for the two lots. After further discussion, Mercatoris made a motion to approve Resolution No. 25, Series of 2002, seconded by Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 15: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /CALENDARS Town Statistics The Acting Town Manager reported that for the period covering January through April, 2002, compared to the same months in 2001, Building Permit revenues were down 32- percent, Town shuttle ridership was down 3.64 percent, parking count reflects the Rodeo and Two Creeks Parking Lots was down 9.46- percent, Solid Waste and Recycle tons were the same, volume of water treated increased by .1- percent, and guest Parking Permits increased by 9.4- percent. Sales tax revenues will be reported as soon as they are received. Grant Award Acting Town Manager Hunt Walker, reported that the Town has been informed of a grant award for $78,000 for the Golf Course Stream Restoration Project. Timbers Retaining Wall Failure Walker reported that the deadline for the Timbers to have completed paving of the trail section near their property was June 1, 2002. He stated that due to retaining wall failure, the deadline was not met. Town staff has requested that the Timbers construct a temporary paved trail within the next ten days. 05- 20 -02tc Page 9 of 10 Raw Water Study Walker stated that the Town has received a proposal for the amount of $5,850 to conduct the Raw Water Study. The proposal includes a site analysis, design work for irrigation, construction administration. Council directed staff to proceed. Benedict Trail Manchester reported that Council walked the Benedict Trail near the proposed construction for the Terracehouse. He encouraged staff to provide a park in this location comparable to the Town's other stream restoration \park areas. Intersection \Hiqhway 82 and Brush Creek Road In response to an inquiry from Mercatoris, the Community Development Director reported that landscaping on the island is scheduled to begin on May 27, 2002. Parking Lot \Tom Blake Trail In response to a request made by Virtue, the Town Attorney was directed to discuss the possibility of the Town purchasing land from the Snowmass Land Company to be utilized for a parking lot for users of the Tom Blake Trail. Krabloonik Trash Virtue requested that the Acting Town Manager contact the owner of Krabloonik and request that the trash dump area located on the Town parking lot be kept clean. Snowmelt Road Construction Schedule In response to an inquiry made by Mercatoris, Walker reported that construction on Snowmelt Road is behind schedule. Elbert Lane is project to be open for use by June 6, 2002. Applicant's Fees Mercatoris questioned the fee charged to an applicant during Council debates and stressed the need to be fair. Manchester explained Community Development Department's cost recovery. Benedict Trail Construction Mercatoris requested that the Terracehouse construction and the Town construction on the Benedict Trail be completed in the same year to avoid two summers of construction impact on the neighborhood. Staff will investigate to determine if the Town's budget will allow construction during this year. Rodeo Grounds Repairs Mordkin requested that Council authorize $5,000 for Rodeo grounds repairs necessary for safety to open the operation. He stated that repairs are needed the watering system and pens, including labor. Carpentry work and an electrician are also needed. Mordkin noted this should cost between $2,000 and $3,000. 05- 20 -02tc Page 10 of 10 Rodeo Work Day Mordkin stated there will be volunteer Rodeo clean -up day on Saturday, June 15, 2002 from 9:00 a.m. to 3:00 p.m. All are encouraged to attend. The clerks office will distribute flyers. Rodeo Liquor License The Town of Snowmass Village will do a Transfer of Ownership from the Snowmass Rodeo Company to the Snowmass Village Rodeo and the license will then be under the possession of the Town of Snowmass Village. Ruedi Water and Power Mordkin reported that the water level at Ruedi last year was 85, 000 acre feet and this year due to dry conditions it may not rise to more than 80,000 acre feet. He also reviewed information from the Economic Study pertaining to the sale tax revenues brought in by the Frying Pan River. Fire Danger Manchester suggest that due to the very dry conditions it would be appropriate to somehow remind homeowners to clean -up the deadwood and fire feeding debris around their homes. He noted this has been handle by the Snowmass Village Homeowners Association in the past. Item No. 16: ADJOURNMENT At 8:24 p.m. Mayor Manchester stated that this meeting would be continued to Thursday, May 23, 2002 at 9:00 a.m. APPROVAL OF MINUTES FOR THIS MEETING Minutes were approved as amended, at the July 1, 2002 Regular Town Council Meeting with a motion made by Council Member Virtue, seconded by Council Member Mercatoris and upon a vote of 5 in favor to 0 opposed. mitted By, Donna GOrcia- Spaulding, Second Deputy Town Clerk Rhonda B. Coxon, Deputy Town Clerk