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07-08-02 Town Council MinutesMayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, July 8, 2002 at 2:08 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 JULY 8, 2002 Item No. 2: BASE VILLAGE SKETCH PLAN REVIEW Mayor T. Michael Manchester, Douglas Mercatoris, Robert Purvis, Arnold Mordkin and Richard Virtue Mike Segrest, Town Manager; Carey Shanks, Assistant to the Town Manager; Hunt Walker, Public Works Director; Steve Connor, Town Attorney; Chris Conrad, Planning Director; Craig Thompson, Community Development Director; Trudi Worline, Town Clerk Bill Boineau, David Myler, Dan MacEachen, Jack Hatfield, Bernie Grauer, Paul Shephard, Bill Kane, Joe Myota, David Be!lack, John Frances, Phyllis McFillin, Pat Leto, Larry Dempsey, Don Schuster, Victor Gerdin, George Huggins and other members of the public interested in Agenda items for this Meeting. Council discussed the Commercial Core and related components in order to gain additional information for a better understanding of the overall Commercial Core concept, which would better prepare Council to envision this specific application in relation to the overall Commercial Core scheme. Council requested information sufficient to enable them to determine a means of providing a balance on a Town -wide basis between the location and projected increase in commercial square footage compared to the number of residential units anticipated under the current plan per phase. The Town Manager submitted three scenarios using the Financial Model, which showed possible constructed square footage assumptions in relation to the 07- 08 -02tc Page 2 of 8 number of employee housing units that would be required of the applicant. Also identified were occupancy and capture rates per square foot and other data related to the assumptions. Council discussed the information. Purvis requested that staff provide sensible assumptions ranges for estimating capture rates and occupancy rates for the Village, by contacting others who have had a similar experience, to be utilized by Council as a context with which to base their judgment. He explained that Council would then discuss the assumptions and make the decision whether to take an aggressive approach within the range of reasonable and less aggressive forecasts, or take a more conservative approach. Mordkin requested that staff investigate the impacts made on Aspen businesses in reaction to the operation of the Ritz Carlton hotel. The Planning Director outlined items that required further clarification from Council as well as the PUD criteria as written in the Land Use Code. Council discussed Community Purpose and criteria required to grant the FAR variance requested by the applicant, including Community Purposes, for allowing the proposed buildout beyond 100 percent. Council also discussed Sustainable Development and requested that the applicant provide staff with information outlining their reasoning in support of the Community Purpose items proposed to satisfy the issues listed above. Council reviewed the list of Community Purpose items as presented by the applicant and determined items that did not meet the associated criteria. Council explained that items such as the land trade, Town Hall site and participation in creation of a seamless Core through connectivity would be considered Community Benefits. Council directed staff to reference sections of the Land Use Code in future written presentations regarding Community Benefits and mitigation requirements, in relation to the applicant's request for an F.A.R. variance and buildout beyond 100 percent. Joe Myota, applicant representative, explained construction phasing of the residential units and commercial areas and stated that 72- percent of the commercial square footage and 16- percent of the residential units would be constructed during the first phase of the project. Paul Shepherd stated that an effort would be made to create a balance between commercial and residential construction during the first phase of construction. Council requested that the applicant provide the timeline for each phase of construction. The applicant explained that the plan is to begin construction in the Spring of 2003, and the first sales launch would occur during the Summer of 2003. Phase two would follow the first phase of construction and the sales effort is planned to occur in February of 2004. The goal is for completion of the entire project in 2009. Council discussed the size of the buildings, parking spaces and the proposed drop -off location for the people mover, and requested that the people mover be constructed to connect the three nodes in a fashion that would reduce the need for automobiles from the Top of the Village to the Center. 07- 08 -02tc Page 3 of 8 Council discussed the Mix of Uses presented by staff as Core Issues for discussion at this Meeting and determined conceptual satisfaction with the issues listed, although requested additional information on issues discussed. Staff requested that the applicant provide a written explanation stating the reason they feel the application meets the unique and exceptional circumstances criteria for allowing buildout beyond 100 percent. Purvis requested that staff provide Council with the rationale behind the Planning Commission's decision to allow a change of the Land Use designation on Assay Hill from Recreational to Commercial, and the amount of acreage that would be encroached upon by the construction. Manchester requested that the applicant identify the plan to maintain high occupancy on a long -term basis for the Mixed Uses that would provide a high occupancy bed base. He also requested that the applicant provide views and view corridors of the site from various locations on Brush Creek Road, the plan for operation and management of commercial spaces, information on ski area access, transportation, clarification regarding staff concerns about elimination of skier access to the mid portion of the ski mountain, the effort planned to attract a flag hotel operator. Council requested that the applicant provide examples of successful multi -nodal projects. Larry Dempsey of the Crestwood stated concerns regarding existing lodging capacity may decrease when new lodging capacity is created, Floor Area Ratio as it relates to parking structures, building height, grade of the walking distance between the two people mover platforms at the Base Village site, and proposed initial occupancy. Mary Harris questioned the projected increase in occupancy, the length of time necessary to achieve that projection, projected occupancy achievability, what this type of occupancy look like on a year -round basis and if the Town wants to achieve that amount of an increase. She stated approval of commercial construction phasing and looks forward to creating the business plan for formation of the Commercial Core as the three nodes work to develop strategies for its development. John Francis provided historical information regarding occupancy, the increase in unit construction since 1976 and cautioned that financial modeling can appear to be optimistic. Mayor Manchester stated that the next discussion on Base Village Sketch Plan would be held on July 29, 2002. In response to an inquiry from Jack Hatfield, Manchester explained that the Community Purposes topic would be discussed farther into the Sketch Plan Process and that major topics would be discussed initially. Hatfield stated a concern regarding the net gain and impact on the character of the community. Speaking as a Pitkin County Commissioner, Hatfield stated that the Commissioners have requested a Meeting with Council to discuss the Base Village application concept related to off -site impacts, transportation, roads, water quality, etc. Manchester requested a copy of the Base Village Sketch Plan review schedule of topics. NOTE: Council took a 10- Minute break at this time. Council determined the following order of Agenda items. 07- 08 -02tc Page 4 of 8 Item No. 4: KRABLOONIK OWNERS DISCUSSION Council Member Virtue stepped down from the Council Table stating a conflict of interest as a Divide Homeowner. Dave Myler, representing Dan MacEachen of Krabloonik, reviewed a draft Exchange Agreement for Council review. He stated that both MacEachen and the Divide Homeowners Association approved the Agreement. He explained that the Agreement contains the details of MacEachen's purchase option and includes a "market basket" adjustment previously discussed by Council, which shows comparison of the average sales price of five improved lots in the Divide between initial closing and MacEachen's election to exercise the option. Irrespective of the language in the draft Agreement, he proposed an optional approach by using the average land valuations established by the Pitkin County Assessor for all the Divide lots, rather than utilizing the average sales price of five improved lots in the Divide between initial closing and MacEachen's election to exercise the option. Council reviewed and discussed the draft Agreement. After further discussion, Council directed the Town Attorney to meet with Myler to re -draft the Agreement and provide the changes to Council for review and approval. Item No. 6: FIRST READING ORDINANCE NO. 08, SERIES OF 2002 FIRST READING CONSIDERATION OF AN ORDINANCE AMENDING THE PROVISIONS OF THE MUNICIPAL CODE TO INCREASE THE NUMBER OF REGULAR MEMBERS OF THE PLANNING COMMISSION Council Member Virtue returned to the Council Table. Mercatoris made a motion to approve First Reading of Ordinance No. 08, 2002. Mayor Manchester reported that the Planning Commission felt the Board is functioning well in its current format, therefore does not see the need for a change. The motion died for lack of a Second. No action was taken. Item No. 5: PUBLIC NON AGENDA ITEMS Lisa Henkel stated that she plans to enter a three -day, 60 -mile walk on August 2, 3 and 4, 2002. The purpose of the walk, which will begin in Boulder, is to raise funds toward the development of a cure for cancer. She asked if Council would be interested in making a donation toward this effort. Council discussed the request and directed the Town Manager to review the budget to determine if funding is available for this purpose. Item No. 3: TOWN WIDE MARKETING AND SPECIAL EVENTS TAX Assistant to the Town Manager Carey Shanks referred to information provided to Council for this Meeting and requested direction regarding the Mission, funding, uses and governance relating to the proposed Marketing Tax and development of a Marketing Tax Commission. Council discussed the issues, making minor 07- 08 -02tc Page 5 of 8 changes to the Mission Statement and agreed that a portion of the Marketing Tax would be utilized for the creation, execution, development and promotion of special events, as well as for administrative and soft costs related to the Commission. Council requested that the job description for the Marketing Tax Committee include identification of additional funding methods. Council continued review of the suggestions listed by Council Member Mordkin at a previous Council Meeting. Council discussed formation, structure, operation, oversight and management of the Committee and the Committee budget. Also discussed was if the Board should be governed by Council as other Town Boards and Commissions or be developed as a 501 (c) 6 CRS, patterned after the Colorado State Tourism Board. Council agreed that a specific outline regarding the method of governance for the Commission would be very critical to insure approval of the ballot question. Also suggested was the possibility of an annual contract with the Committee whereby Council would approve the budget to allocate funds for marketing, special events, administrative and soft costs on an annual basis, and maintain member appointment and removal authority. Council requested that the Town Manager and Town Attorney determine Town staff involvement, creation of a separate organization, the operating relationship between Council and the Commission and provide a recommendation at the next Meeting. Council determined the need to identify what constitutes each entity that would have voting privileges in the nomination and voting process for Committee members and the number of votes allowed by each of those entities. The various entities could then nominate members for the Committee and Council would ratify the appointments. Council agreed to the need for a mechanism for removal of Commission Members who would no longer meet the requirements of the position. They discussed and developed a tentative structure of Commission members including one member from each large hotel \lodging group, small hotel \lodging, ski industry, Merchant Association, Homeowners Association, airlines, Aspen Chamber Resort Association, food and beverage industry, Stay Aspen Snowmass (SAS), conference facilities, and three at -large members as well as an ex- officio Council Member. Staff will develop and provide recommendations for Council review at the next Meeting. NOTE: Council determined that Agenda Item Nos. 7 and 8 would be heard at this time. Item No. 7: APPROVAL OF MEETING MINUTES FOR 06 -24 -02 Virtue made a motion to approve the Meeting Minutes of June 24, 2002. Mercatoris seconded the motion. There being no changes or additions, the motion was approved by a vote of 5 in favor to 0 opposed. 07- 08 -02tc Page 6 of 8 Item No. 8: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /CALENDARS Ballfield Reconstruction Mercatoris requested that staff contact the applicant of the Snowmass Club Golf Course development and promote early completion of the ballfield in order for the area to be available for special events as soon as possible. Fallen Trees Mordkin requested that staff remove two fallen trees on the Tom Blake Trail. Rodeo Patrol Mordkin requested that Town Police officers patrol the Rodeo area between 9:00 and 9:30 p.m. following Rodeo events. He reported that the Rodeo ticket sales at the last event netted approximately $10,000. July 4 th Picnic Bill Boineau, organizer of the July 4, 2002 Community Picnic, stated his appreciation to Council, Town staff and volunteers for their assistance with the July 4 th Community Picnic. Council thanked Boineau for organizing and helping with the event. Kevan Thank You Manchester reported that he recently received a card from Bob Kevan stating his appreciation to the Town for flowers he received at the time of his wife's death. Brush Creek Trail Manchester requested that staff contact Dale Will of the Pitkin County Open Space Board regarding status of the Brush Creek Trail construction. Intersection Sign Lighting Application Mayor Manchester stated that the Town's application for lighting the Highway 82 /Brush Creek Road intersection sign would be an item for review before the Pitkin County Commissioners at a Meeting scheduled for Wednesday, July 10, 2002. He requested that Council Members attend the meeting if possible. Map Location Mayor Manchester requested that staff locate the map of the Town Core including the Mall area previously located on the wall in Council Chambers behind the staff table. He stated that the map was produced by Schmuesser, Gordon, Meyer (SGM). C.A.S.T. Meeting Manchester reported that the Colorado Association of Ski Towns (C.A.S.T.) would hold meetings in Aspen August 21 through 23, 2002. He invited Council Members to attend. Manchester stated that he has invited the group to tour 07- 08 -02tc Page 7 of 8 Snowmass Village employee housing projects, specifically Daly Townhomes and the Commons. He requested that Council consider providing overnight accommodations in Snowmass Village for members of C.A.S.T. that would be attending the meetings. Brush Creek Road \Wood Road Intersection In response to an inquiry from Mayor Manchester, the Public Works Director provided an update on construction of Snowmelt Road. He stated that staff is reviewing the various options as they relate to grade for reconstruction of the Wood Road \Brush Creek Road intersection and would provide a recommendation at the next Council Meeting. Manchester stated his desire to obtain direction on the intersection design before completion of Base Village Sketch Plan review. Funding Roaring Fork Outdoor Volunteers In response to a request for funding from David Hamilton of the Roaring Fork Outdoor Volunteers, Council agreed to provide the same amount of funding to the group as has been granted in previous years. The Town Manger stated that the group provides trails services to the Town and reported that they have missed their opportunity for grant funding from Federal and State agencies for this year. The funds will be provided from the Town's Trails Construction Fund. Cherokee Outfitters Proposed Trail The Town Manger reported that staff has contacted Pitkin County regarding use of County land by Cherokee Outfitters for their horseback riding operation. He explained that the proposed trail identified to skirt the Crossings neighborhood and provide a safer ride would encroach on to County Conservation Easement property. Staff is awaiting a reply from the County at this time. Item No. 9: EXECUTIVE SESSION THE TOPIC FOR DISCUSSION IN THE EXECUTIVE SESSION WILL BE PRIVILEGED ATTORNEY\CLIENT CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON A SPECIFIC LEGAL QUESTION Due to the lateness of the hour, the Town Attorney requested that this item be tabled to the July 15, 2002 Regular Town Council Meeting. After a short discussion, Mayor Manchester tabled this item to the July 15, 2002 Regular Town Council Meeting, scheduled to begin at 2:00 p.m. The Town Attorney informed Council that he has received a contract from SVRA for purchase of the Conference Center. He stated that he would need further direction from Council at the Executive Session. 07- 08 -02tc Page 8 of 8 Item No. 10: ADJOURNMENT There being no further business, Virtue made a motion to adjourn the Meeting. Mercatoris seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 8:05 p.m. The Minutes for this Meeting were approved at the August 12, 2002 Regular Town Council Meeting. Submitted By, Trudi Worline, Town Clerk