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08-26-02 Town Council MinutesItem No. 1: ROLL CALL SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES AUGUST 26, 2002 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, August 26, 2002 at 2:08 p.m. COUNCIL MEMBERS PRESENT: STAFF PRESSENT: PUBLIC PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue, Robert Purvis and Arnold Mordkin COUNCIL MEMBERS ABSENT: All Council Members were present. Michael Segrest, Town Manager; Craig Thompson, Community Development Director; Hunt Walker, Public Works Director; Steve Connor, Town Attorney; Joe Coffey, Housing Manager; Jim Wahlstrom, Senior Planner; Chris Conrad, Planning Director; Dean Gordon, Town Engineer; Art Smythe, Chief of Police; David Peckler, Transportation Manager; Sheri Sanzone, Landscape Architect; John Baker, Road Supervisor; Donna J. Garcia Spaulding, Second Deputy Town Clerk; and Trudi Worline, Town Clerk George Huggins, Bernie Grauer, Dave Belleck, Kevin Kelley, Dave Spence, Sally Sparhawk, Penny White, Jack Hatfield, Rick Griffin, Mary Brown, Debbie Dooley, Paul Shepherd, Joe May, David Blaci, Troy Thompson, Madeleine Osberger, Brent Gardner Smith, Mel Blumenthal, Gary Suiter, John Rex, David Parry, Bill Kane, Larry Dempsey, Don Schuster, James Hooker, Bianca Hooker, Dan Alpert, Kevin Wright, Brett Huske and other members of the public interested in the Agenda items for this Meeting. Item No. 2: WOOD \BRUSH CREEK ROADS INTERSECTION DISCUSSION Public Works Director Hunt Walker, provided Council with site maps depicting three intersection designs including a Separated "T the Roundabout and a new design referred to as the Modified "T He stated that both of the "T" intersection designs are 08- 26 -02tc Page 2 of 10 predicated on relocating Kearns Road, which requires a 21' to 25' cut across the upper portion of the Town Hall site and with one leg at a Level of Service (LOS) "F Walker further stated that although the Roundabout, with a LOS "B provides the best level of service of the three intersections, the grades at the Wood \Brush Creek Roads intersection make it a difficult site for this design. Dean Gordon, the Town Engineer presented visuals and explained concepts of the three designs, explaining that both the Separated "T" and Modified "T" locations are between 7% and 8.5% grade, Kearns Road would need to be moved, and have a LOS below "C." He stated concerns for mass transit to negotiate the intersection and recommended the Roundabout as superior for circulation, although construction of this design would create grades as steep as 10% uphill from the Roundabout, and would be the most expensive design to build. Council discussed configuration scenarios, costs and calculations used to determine Wood Road \Brush Creek Road intersection traffic volume projections. After further discussion, Council requested that the Public Works Director investigate the Modified "T" design and find an alternative road configuration for the north side of Brush Creek Road. Walker will provide additional information and options to Council within the next three weeks. NOTE: Council took a 10- minute break at this time. Item No. 3: BASE VILLAGE SKETCH PLAN REVIEW Out Parcels Discussion \Fanny Hill Townhomes Senior Planner Jim Wahlstrom explained the revised proposal which included 10, three bedroom townhouse units on Parcel 7 (reduced from 14), no employee housing, two parking spaces per unit and an underground garage consisting of 20 parking spaces which would require a parking variance. He further explained that building elevations and floor plans have not been provided by the applicant. Paul Shepherd reported that the Wood Run Homeowners Association has stated their approval of the plan. Mayor Manchester requested that the quality of architecture be consistent with that of the Village. Larry Dempsey, representing the Crestwood Condominiums, stated opposition to the access proposed through the existing Aspen Grove and wetlands area. He stated that the existing Crestwood pedestrian walkways are private and they would like the walkways to remain as they currently exist. Dave Bellack, Council for the Aspen Skiing Company, requested that the Crestwood provide the applicant with proof of legal access at that location. Wahlstrom stated that buildout allocations and shared parking do not meet Code requirements. Council requested that the Buildout Analysis be discussed as a separate issue. Council discussed the proposed access proposed, requested that the applicant 08- 26 -02tc Page 3 of 10 consider employing an on -site parking manager and that employee housing be provided within future proposed projects. Out Parcels Discussion \Sinclair Meadows Wahlstrom outlined issues for discussion including buildout, zoning, employee housing, density, access and circulation, parking, building elevations, and grading. He explained the proposal for single family buildout, employee housing mitigation of 2,027 square feet, which partially fulfills the mitigation for Base Village, and access proposed to the property, which may increase traffic through the adjoining neighborhood. Wahlstrom stated that 49 parking spaces are proposed for the 29 employee housing units. The applicant has not provided building elevations and floor plans for the employee housing area and significant grading would be required to construct the proposed roadways on this site. Bill Kane, representing the Aspen Skiing Company, provided Council with a rational for their proposal and stated that they have a survey of existing conditions, topographical, legal ownership and location of existing vegetation. He stated that Sinclair Meadows is a 22.5 -acre parcel and is the last piece of land in the Town of Snowmass Village zoned multi family. Kane explained that the site plan calls for a 100% for -sale project. Kane stated that they would be comfortable with an increase in parking spaces to be in accordance with affordable housing parking ratios. Staff recommended that the 24 lots for single family housing be developed as "for- sale" employee housing, as well as the 29 attached employee- housing units. Ellen Cooker, a Fox Run homeowner and Pike Peterson, spokesman for the Fox Run Homeowners Association, stated their concerns and requested that the project be considered separate from the Base Village project. Jack Hatfield stated concerns regarding the applicant's request to exceed the FAR limits, mass, scale and density. Mayor Manchester explained that this component would be further discussed at a Meeting scheduled for Tuesday, September 3, 2002, at 8:00 a.m. Out Parcels Discussion \Melton Ranch Extension Parcel Wahlstrom explained that this issue concerns a 22 -acre Open Space parcel. The applicant is proposing construction of two single family houses, 5,500 square feet in size and would donate the remainder of land to the Town. He stated that the buildout allocation is zero and is noted as a common area on the plat. The employee housing requirement would be 920 square feet for the proposed two- single family houses. The two lots are served by a shared driveway access, which would not significantly impact the 30% slopes on the north side of the site. Kane proposed a land swap, the particulars of which would be provided at a future Meeting. He stated that the Land Use Code allows this type of application as long as there is no net loss of Open Space. The Planning Commission has recommended that the applicant provide this information during Preliminary Review. Council stated their concern regarding a trade involving Open Space land. Local residents Jim Hooker, 08- 26 -02tc Page 4 of 10 June Bugrahm, Jack Hatfield, and Bianca Hooker stated opposition to the land trade proposal. NOTE: Council took a 15- minute break at this time. Out Parcels \Natural Resources Wahlstom outlined the core issues remaining for Today's discussion, relating to Community Benefits \Impacts, Out Parcels proposed for development, Housing Mitigation, and Natural Resources. Paul Shepherd, Gary Raymond and David Blaci, all representing Intrawest, provided Council with a Power Point presentation depicting the Comprehensive Plan Overview \Vision 2020 completion of Base Village. This presentation included plans for a concentration on development and linked activity areas; enhancement of pedestrian connections; creation of an identifiable and vital Town Center; improved transit and parking facilities; improvement for existing businesses; provision of beneficial facilities and amenities; addition of needed infrastructure; and capability of capturing increased community and visitor retail sales. Blaci stated the applicant's objectives and presented a Comprehensive Plan \Buildout Allocation Table depicting land use, zoning, and number of dwelling units located in the West Woodbridge Parcels. He explained that the Base Village parcel is the last parcel in the Town of Snowmass Village (TOSV) that can accommodate the development necessary to create a vibrant Town core and ensure the economic vitality of the Town. He outlined development needs to meet Town goals and objectives. Paul Shepherd outlined the necessity to develop public facilities and addressed issues such as transportation, recreational and cultural facilities, including the Code requirements. Shepherd stated that the extra density provides Intrawest with the funds and incentive to provide all of these Community Purposes, consistent with the Comprehensive Plan. After further discussion, Council requested that the applicant be prepared to discuss specifics relating to the proposal. Council also requested further discussion of Community Benefits at the Town Council Meeting scheduled for September 3, 2002. Larry Dempsey requested clarification of buildout variance criteria and the special circumstances process. Jack Hatfield stated his objections to the proposal. David Blaci and Troy Thompson of Ecological Resource Consultants, Inc. provided a slide presentation of natural resource improvement projects they had constructed in the past, and stated that a conceptual plan for natural resource improvements related to the Base Village project would be provided during Preliminary Review. Jim Hooker, Bianca Hooker, and Jack Hatfield stated that the uniqueness of the Sinclair Meadows Open Space property could not be replaced within the Town. Hatfield requested that Council Member candidates study the proposed development and the 08- 26 -02tc Page 5 of 10 impact implications it would have on the future of the Town. Kevin Wright of the Colorado Department of Wildlife stated that the Melton Ranch property would be more valuable from a wildlife standpoint if maintained as Open Space and requested that any parcel swap to replace an open space area have the same habitat types and proximity as that of the Melton Ranch Open Space parcel. Wright also requested that trails along the Creek be brought up and away from the Creek at intervals for less impact to wildlife, bear -proof dumpsters be utilized and wildlife safety be practiced throughout the development with inclusion of facilities appropriate to the amount of trash generated throughout the development areas, include wildlife protection on Brush Creek Road through the wildlife migration corridor by use of overpasses or underpasses, and allow tree stumps and other vegetation to remain in the residential areas for bird habitat. Larry Dempsey requested that the Council retain the small wetlands and waterflow area located near the Crestwood, and questioned if the 25 -foot setback would be enforced if the area were to be designated as a formal wetlands area. The Planning Director explained that this issue would be addressed during Preliminary Review of the application. Manchester stated that the pedestrian circulation would be a major part of this development in connection with the trails and stream to enhance the pedestrian experience and suggested incorporation of water features such as pooling and waterfalls. Manchester requested a discussion regarding impacts of the project on Owl Creek Road and Brush Creek Road, both during and after completion of construction, as well as other items listed for discussion by the Pitkin County Commissioners. He also requested additional information regarding the aquatic site, Performing Arts Center functions, summer activities on the mountain, and physical aspects to produce a seamless bi -nodal plan. Due to a time constraint, the group determined that employee housing would be discussed at the next Meeting. NOTE: Council took a 5- Minute break at this time. Item No. 4: PUBLIC NON AGENDA ITEMS Mayor Manchester reconvened the Meeting at 6:30 p.m. Owl Creek Road Paving Pitkin County Commissioner Jack Hatfield stated that he was able to bring the discussion of paving Owl Creek Road to the table at the recent Commissioner's Meeting. He stated that if the voters approve a tax increase proposed by the County for the November 5, 2002 Election, the discussion would once again be discussed. Item No. 5: PUBLIC HEARING AND SECOND READING ORDINANCE NO. 02, SERIES OF 2002 TO RECEIVE PUBLIC COMMENT AND SECOND READING FOR 08- 26 -02tc Page 6 of 10 CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE, CHANGING THE HOUSING GUIDELINES Mayor Manchester opened the Public Hearing at 6:30 p.m. Jack Hatfield requested several changes to the Ordinance. Council discussed future development of a means to be utilized during the re- qualification process, to regulate owners who have exceeded the financial qualifications. Mercatoris made a motion to approve Second Reading of Ordinance No. 02, Series of 2002, seconded by Virtue. The Town Attorney explained changes made to the document since First Reading. Council reviewed the Ordinance and requested necessary changes. Virtue made a motion to amend the Ordinance as requested by Council at this Meeting, seconded by Mercatoris. The motion to amend was approved by a vote of 5 in favor to 0 opposed. Hatfield requested that Council consider a public comment or public hearing process, as well as a requirement for their approval of future changes to housing rules and regulations. Council agreed to the request. After further discussion, Mercatoris made a motion to include Hatfield's request as an amendment to the Ordinance. Virtue seconded the motion. The motion to amend was approved by a vote of 5 in favor to 0 opposed. In response to an inquiry made by Dave Spence, Council explained that re- qualification would be addressed during discussion of the Housing Guidelines. A roll -call vote was taken and Second Reading of the Ordinance was approved as amended, by a vote of 5 in favor to 0 opposed. Council reviewed the draft Housing Regulations and discussed the requirement that 80- percent of an applicant's income must be earned income for qualification purposes, the number of hours per week an employee must work in Snowmass Village to be considered a full -time employee, financial qualifications for Pitkin County employees applying for Snowmass Village employee housing, the formula for calculating the maximum resale price, and owner's requests to rent their homes on a short-term basis. Purvis clarified that the reason a single person could qualify for a two bedroom unit is because the one bedroom housing stock is not sufficient to meet the Town's needs. Virtue requested that staff develop a tracking analysis of employee housing stock for future inventory purposes. Mordkin requested a statement be included which states that if there are no Snowmass Village employees qualified to purchase an employee housing unit, it would then become available for purchase by qualified Pitkin County applicants. Hatfield stated opposition to approving the Ordinance with a statement referring to re- qualification, without including language outlining a re- qualification process. Dave Spence stated concerns regarding the re- qualification process whereby a family inheritance gain could cause employee housing owners to move down Valley after investing in employee housing for several years. Manchester stated that a re- qualification process has not been established to date. Council requested deletion of the statement in the Guidelines which referred to re- qualification. Council requested that staff establish Regulations for a re- qualification process and a resale inspection process, and revise the Guidelines according to Council direction. Council also requested that staff investigate a one percent depreciation fee assessed by 08- 26 -02tc Page 7 of 10 the City of Aspen on employee housing at the time of sale. Staff will provide copies of the Daly Townhomes application forms for Council Members review. Item No. 6: Item No. 7: Item No. 8: PUBLIC HEARING AND FIRST READING ORDINANCE NO. 10, SERIES OF 2002 PUBLIC HEARING AND FIRST READING OF AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADO, PURSUANT TO THE PROVISIONS OF THE MUNICIPAL ANNEXATION ACT OF 1965, BY ANNEXING TO THE TOWN A CERTAIN ENCLAVE TRACT OF LAND OWNED BY PITKIN COUNTY, COLORADO, CONTIGUOUS TO AND NOT EMBRACED WITHIN THE PRESENT LIMITS OF THE TOWN, AND SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF THE TOWN COUNCIL. Mayor Manchester opened the Public Hearing at 7:46 p.m. Mercatoris made a motion to approve First Reading of Ordinance No. 10, Series of 2002. Virtue seconded the motion. The Planning Director stated that the applicant has met all submission and public notification requirements in accordance with the Snowmass Village Municipal Code. Jack Hatfield addressed the land use portion of this application, stating that he may not be available when the Land Use application is discussed. He requested that Council consider de- annexing the access road as well as a section of land surrounding the landfill. This would allow Pitkin County to maintain the area around the landfill and the access road. The Town Attorney reported that the Disconnection Petition has recently been withdrawn. There being no further comments from the public, Mayor Manchester closed the Public Hearing at 7:51 p.m. Mayor Manchester called the question and a roll -call vote was taken. Second Reading of the Ordinance was approved by a vote of 5 in favor to 0 opposed. RESOLUTION NO. 52, SERIES OF 2002 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 25, SERIES OF 2002, REGARDING THE SUBDIVISION EXEMPTION APPROVAL FOR LOTS LOT 6 8 MELTON RANCH H Mercatoris made a motion to approve Resolution No. 52, Series of 2002, seconded by Virtue. There being no discussion, the motion was approved by a vote of 5 in favor to 0 opposed. RESOLUTION NO. 48, SERIES OF 2002 CONSIDERATION OF A RESOLUTION AUTHORIZING A CONTRACT WITH THE SNOWMASS RESORT ASSOCIATION FOR THE SALE AND PURCHASE OF THE SNOWMASS CONFERENCE CENTER (Tabled from 8- 19 -02) Town Manager Segrest explained that Snowmass Resort Association (SRA) had informed him that the Contract and Obligations Agreement would be delivered on August27, 2002. He explained changes to the document as requested by SRA. Mordkin made a motion to convene to Executive Session for the purpose of an 08- 26 -02tc Page 8 of 10 Attorney \Client privilege discussion regarding the sale of the Conference Center. Mayor Manchester requested that the Executive Session be convened at the end of the Agenda and action on this Item postponed until after the Executive Session. Council agreed to the request. Item No. 9: RESOLUTION NO. 51, SERIES OF 2002 A RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE SNOWMASS VILLAGE TOWN COUNCIL FOR THE MONTH OF SEPTEMBER 2002 Purvis made a motion to approve Resolution No. 51, Series of 2002, seconded by Virtue. There being no discussion, the motion was approved by a vote of 5 in favor to 0 opposed. Item No. 10: MANAGER'S REPORT Holy Cross Transmission Lines Segrest stated that he plans to meet with Pitkin County on Friday, August 30, 2002 for the purpose of developing a plan for installation of a new electric transmission line to deliver electricity to Snowmass Village. The desire is to develop one application for both the County and the Town, as well as joint meetings for application review in an attempt to streamline the process. Manchester stated his desire to have a final decision before the upcoming Winter season. Baseball Field Mordkin stated his concern that reconstruction of the baseball field would not be completed in time to be utilized for the June, 2003 Jazz Festival, due to construction delays on the golf course. Mercatoris suggested that the event be accommodated at the Two Creeks area, and stressed the importance of pro- active action by staff to ensure that construction of the ball field is completed in time for the Town to host the 2003 Fall Jazz Festival at the baseball field site. Item No. 11: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /CALENDARS Golf Course Construction Tour Mayor Manchester stated that a tour of the Golf Course construction site has been rescheduled for 2:00 p.m. on August 27, 2002. Council Members will meet at the Snowmass Lodge and Club. October Council Meeting Dates Due to scheduling conflicts, Council requested that Regular Council Meeting dates be scheduled for October 7, 21 and 28, 2002. NOTE: The following item was not previously scheduled on the Agenda for this Meeting. Item No. 11a: EXECUTIVE SESSION 08- 26 -02tc Page 9 of 10 At 8:14 p.m. Mordkin made a motion to convene to Executive Session for a privileged Attorney \Client discussion relative to sale of the Conference Center. Purvis seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. At 8:20 p.m. Mercatoris made a motion to reconvene the Regular Meeting, seconded by Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 8, cont'd: RESOLUTION NO. 48, SERIES OF 2002 CONSIDERATION OF A RESOLUTION AUTHORIZING A CONTRACT WITH THE SNOWMASS RESORT ASSOCIATION FOR THE SALE AND PURCHASE OF THE SNOWMASS CONFERENCE CENTER (Tabled from 8- 19 -02) Mayor Manchester explained that changes have been made to the Agreement. He stated the need to combine both the Contract and the Agreement into one document. Mordkin made a motion to approve Resolution No. 48, Series of 2002 as amended. Purvis seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 12 ADJOURNMENT (Meeting Continuation) At 8:25 p.m. Mayor Manchester stated that this Meeting would be continued to 2:00 p.m. on Tuesday, August 27, 2002 at the Snowmass Lodge and Club. COUNCIL MEMBERS PRESENT: SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES TUESDAY, AUGUST 27, 2002 Mayor Manchester reconvened the Regular Meeting of the Snowmass Village Town Council on Tuesday, August 27, 2002 at 2:00 p.m. STAFF PRESENT: Mike Segrest, Town Manager Golf Course Construction Site Tour Council toured the Snowmass Club Golf Course construction site. Mayor Manchester left the Meeting at this time. Mayor T. Michael Manchester, Douglas Mercatoris, Robert Purvis, Richard Virtue and Arnold Mordkin Item No. 8, cont'd: RESOLUTION NO. 48, SERIES OF 2002 CONSIDERATION OF A RESOLUTION AUTHORIZING A CONTRACT WITH THE SNOWMASS RESORT ASSOCIATION FOR THE SALE AND PURCHASE OF THE SNOWMASS CONFERENCE CENTER (Tabled from 8- 19 -02) 08- 26 -02tc Page 10 of 10 Mordkin made a motion to approve Resolution No. 48, Series of 2002 and to allow the Mayor to sign the revised contract for sale of the Conference Center to the Snowmass Resort Association. Virtue seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Item No. 12 ADJOURNMENT There being no further business, Mordkin made a motion to adjourn the Meeting, seconded by Virtue. The motion was approved by a vote of 4 in favor to 0 opposed. The Meeting adjourned at 3:25 p.m. The Minutes for this Meeting were approved at the October 7, 2002 Regular Town Council Meeting. Submitted By, Emm r`l )°z Donna J. Garcf Spaulding Second Deputy Town Clerk Trudi Worline, Town Clerk