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10-28-02 Town Council MinutesItem No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: STAFF PRESENT: PUBLIC PRESENT: Item No. 2: BUDGET DISCUSSION SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES OCTOBER 28, 2002 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, October 28, 2002 at 2:15 p.m. Mayor T. Michael Manchester, Douglas Mercatoris, Robert Purvis, Richard Virtue and Arnold Mordkin COUNCIL MEMBERS ABSENT: All Council Members were present. Mike Segrest, Town Manager; Carey Shanks, Assistant to the Town Manager; Hunt Walker, Public Works Director; Joe Coffey, Housing Manager; Steve Connor, Town Attorney; Craig Thompson, Community Development Director; Chris Conrad, Planning Director; Marianne Rakowski, Finance Director; Art Smythe, Chief of Police; Trudi Worline, Town Clerk Mel Blumenthal, Madeleine Osberger, Laurence Ladin, Joe Wells, Gideon Kaufman, Paul Taddune, Bill Tomcich, Bill Kane, Bill Boineau, Dave Myler, Dave Foss, Bill Hegberg and other members of the public interested in Agenda items for this Meeting. The Town Manger explained the purpose of this discussion is for Council to review the General Fund Discretionary List, the General Fund One -Time Expenditure List, the Real Estate Transfer Tax One -Time Expenditure List and Community Development Cost Recovery Worksheet, and any other items Council would like to discuss for inclusion in the final budget adoption. Segrest explained that the items on the Discretionary List are mainly restorais to the Budget, after being eliminated and set aside from the original 2002 Budget for the purpose of presenting a balanced budget. He explained that Shuttle Bus Route No. 7, eliminated from the 2002 Budget, has now been restored and will be in operation if approved by Council. Council reviewed the documents as presented. Mercatoris requested a late night on- call bus service. Council approved funds to operate the Dial -A -Ride during the 2002 and 2003 Winter season. Council requested that staff obtain Council approval before 10- 28 -02tc Page2of8 funding grants to outside agencies and obtain additional information regarding funding to the Nordic Council along with the possibility of assessing a fee for cross country skiing; set aside $5,000 for new Council Chambers tables and chairs, to be purchased only after review and approval; review efficiency of the AS400, investigate current technology and costs for updated and improved operation; upgrade Town dumpster sheds that are not bear proof; develop and enforce standards for all dumpster sheds; enforce safety standards for use of the Skateboard Park; set a meeting with the Grants Review Committee to discuss Council's philosophy for grants and donations; require that all grantees report and be accountable for use of the funds as approved by Council; provide the Grants Review Board with $90,000, and ask that the historical percentage of funds granted to the Cultural Arts group and the Health and Human Services group remain consistent; notify Challenge Aspen, Snowmass Chapel and Little Red Schoolhouse of the policy regarding in -kind services; include the proposed amount for Special Events as well as bus, police and shop costs related to the Special Events in the Budget to be utilized if the Marketing Tax does is not approved by the voters or if the Marketing Board chooses not to fund the costs; staff meet with Council Member Mordkin to determine costs to address safety issues related to the operation of the Rodeo. Council discussed the Real Estate Transfer Tax (RETT) Fund One -Time Capital Projects List and agreed to all recommendations made by staff. The Finance Director stated that the 2003 Proposed Budget has increased approximately 6.7- percent over the 2001 Revised Budget. Council requested that the port-a- potties at the Entryway booths be relocated to an area less visible and that staff investigate the possibility of upgrading the bathrooms at the Rodeo Parking Lot. Council also requested that staff investigate construction of a second volleyball court in the area of the Community Park and that an additional video camera be installed behind the Council table. NOTE: Council took a 5- Minute break at this time and reconvened at 4:20 p.m. Item No. 3: TIMBERS EMPLOYEE HOUSING PURCHASE AGREEMENT Housing Manager Joe Coffey reported that the Town Manager recently received a letter from representatives of the Timbers Club, referring to an agreement developed with the Town at the time of project approval, which stated that the Town would be provided the opportunity to purchase the employee housing to be constructed by the Timbers Club as a part of their employee housing mitigation. The employee housing project consists of 18 rental units and includes 9 one bedroom units and 9 two bedroom units. Coffey stated that staff has reviewed the plans, which are similar to those of Mountain View Phase II employee housing units, and meet the Town's employee housing construction standards. The exterior materials would match that used on the Daly Townhomes employee housing project. Council discussed the option to purchase the units, purchase price. The option was for the Town to purchase the units or the Timbers Club could own and manage the units under the Town's employee housing guidelines. After further discussion, Council requested that staff provide additional information regarding assumptions, risk factor and benefits relating to the Town's purchase of the units. 10- 28 -02tc Page 3 of 8 Council also requested that the Financial Advisory Board and the Town's financial advisor review the information and provide a recommendation. Staff reported that per the agreement, a decision is required by November 14, 2002. Council agreed that the Mayor and Town Manager would meet to review the information and make a final decision. Item No 4: INTERVIEW LAWRENCE LADIN TO FILL ONE OF TWO VACANCIES ON THE ARTS ADVISORY BOARD and Item No. 8: RESOLUTION NO. 58 SERIES OF 2002 CONSIDERATION OF A RESOLUTION APPOINTING LAWRENCE LADIN TO THE TOWN OF SNOWMASS VILLAGE ARTS ADVISORY BOARD Council interviewed Lawrence Ladin, who submitted an application to serve on the Arts Advisory Board. Mr. Ladin stated that he is past President of the Aspen Writers Foundation and Television producer for Grassroots Community Television and believes Snowmass Village would greatly benefit from a stronger arts and entertainment program. He stated that upcoming new development may provide the opportunity for an entertainment and cultural center for Snowmass Village. Mordkin made a motion to approve Resolution No. 58, appointing Ladin to the Arts Advisory Board, seconded by Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. NOTE: Item No. 7: Council took a break at this time and reconvened at 5:10 p.m. RESOLUTION NO. 55, SERIES OF 2002 CONSIDERATION OF A RESOLUTION APPROVING A MODIFICATION TO THE WILDCAT RANCH PUD TO ALLOW FOR A DRIVEWAY RELOCATION FOR HOMESTEAD 10, WILDCAT RANCH, IN ACCORDANCE WITH THE PROVISIONS OF TOWN COUNCIL ORDINANCE NO. 08, SERIES OF 1999 Mercatoris made a motion to approve Resolution No. 55, Series of 2002, seconded by Virtue. Planning Director Chris Conrad reported that Ordinance No. 8, Series of 1994 states that future driveway relocations would be approved by Council. The Town Attorney has recommended a Council Resolution be drafted that would allow administrative review and approval of future driveway relocations by the Planning Director. Conrad stated that Item No. 4 in the Resolution requires that the applicant provide a revegetation plan to the Town Planners, which would then be handled administratively by the Planners. He explained that the Developable Plan Summary Map that was originally approved by Pitkin County has been carried forward with the annexation of this property approved by the Town. After further discussion, the Resolution was approved by a vote of 5 in favor to 0 opposed. 10- 28 -02tc Page 4 of 8 Item No. 6: PUBLIC NON AGENDA ITEMS SAS Exclusive Ski Rent Supplier Selection Process Bill Tomcich, President of Stay Aspen Snowmass, Inc. (SAS) stated that at the October 7, 2002 Town Council Meeting, public comments were made about SAS' selection of an exclusive ski rental supplier for the 2002 -2003 Winter ski season. He explained that although the comments were made against representatives of the Aspen Skiing Company, the decision in question was actually made by SAS. He further explained that some of the comments were not accurate and a number of invalid assumptions were made which he felt the need to address as an obligation to the shareholders of SAS, Town Council and the public, in order to set the record straight. He submitted and read a letter into the record, which outlined the history of providing exclusive supplier agreements, and explained the decision made by SAS through a Request for Proposals (RFP) process, to select Snowmass Ski and Snowboard Rentals as the exclusive ski rental supplier. Council Member Purvis requested that Council comment on Tomcich's letter during Council Comments, Item No. 12 on the Agenda for this Meeting. Base Village Sketch Plan Approval Sams Knob \Burlingame Express Lift Mel Blumenthaul, representing the Enclave Homeowners Association, stated the Homeowner's concern regarding a change made by Council to a Resolution approving the Base Village Sketch Plan process at their last Meeting. He stated that the change to relocate the Sams Knob \Burlingame Express lift created an ambiguity and will affect planning for Base Village Preliminary Review. He requested that Council return the language to that which was written before it was changed by Council at the last meeting. Blumenthaul explained that he was not present at the October 7, 2002 Council Meeting, and assumed that the language of the Resolution concerning the location of the lift would not be changed. Mayor Manchester stated that all Council Meetings are recorded if Blumenthaul was interested in listening to the process by which the final decision was made. Item No. 5: SEVEN STAR FINAL PUD REVIEW PROCEDURE Planning Director Chris Conrad introduced Seven Star Ranch representative Joe Wells, who provided the history of the Seven Star Ranch Final PUD Review process. He explained that during the 1999 Final Review process, the applicant was unable to obtain an easement for Council's preferred access to the property. He explained that the Planning Commission reviewed the application at that time and recommendations were made to Council. Seven Star Ranch has obtained continuances of the Final PUD review since that time while trying to secure an easement for the preferred access, which they have been unable to obtain to date, and has pursued several road access alternatives. Wells explained that although the applicant will continue to pursue obtaining the easements for the preferred access, Seven Star representatives are now proposing a new access from Owl Creek Road to the two Tots located on the North side 10- 28 -02tc Page 5 of 8 of Brush Creek Road. The newly proposed access is located entirely on Town controlled property. Wells provided the history of the application process for the benefit of Council Members who were not serving on the Town Council during review of the application from 1994 to 1999 and identified the changes on a map of the property. He explained that the original application included three building lots, two of which were located on the North side of Brush Creek Road and one on a triangle property located on the South side of Brush Creek Road. The Pre Annexation Agreement for annexing the property to the Town includes a provision for the Town to purchase the triangle portion of the property in exchange for a parcel owned by the Town in Hidden Valley, along with an additional consideration of $250,000 to be paid by the Town. The proposal also includes a few other changes from that reviewed by Council in 1999, the new proposal forcing a shift in the building site on Lot 2, and requiring a request to change the building envelope on that site. Conrad explained that this application is being reviewed under Chapter 16 of the Municipal Code, which is the old Land Use Code in affect at the time Seven Star Ranch submitted their PUD application in 1998. He requested Council direction regarding the review process for the changes to this application. Council stated concerns for construction in the wildlife corridor, visual impact of the road and relocation of the building envelope. After further discussion, Council requested that only the changes made to this Land Use Application be referred back to the Planning Commission for review and recommendation to Council and that staff organize a joint site visit for Council and Planning Commission Members. Item No. 9: PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 8, SERIES OF 2002 TO RECEIVE PUBLIC COMMENT AND FIRST READING CONSIDERATION ON AN ORDINANCE AMENDING THE 2002 BUDGET FOR ALL FUNDS FOR THE TOWN OF SNOWMASS VILLAGE. Mayor Manchester opened the Public Hearing at 5:50 p.m. There being no comments from the public, the Public Hearing was closed at 6:00 p.m. Staff confirmed that all public notification requirements have been met according to the Municipal Code. Mordkin made a motion to approve First Reading of Ordinance No. 08, Series of 2002, seconded by Virtue. There being no further discussion, First Reading was approved by a vote of 5 in favor to 0 opposed. Item No. 10: RESOLUTION NO. 63, SERIES OF 2002 CONSIDERATION OF A RESOLUTION ESTABLISHING DATES FOR REGULAR MEETING OF THE TOWN COUNCIL FOR THE MONTH OF NOVEMBER 2002 Virtue made a motion to approve Resolution No. 63, Series of 2002, setting Regular Council Meeting dates for November 18 and 25, 2002. Purvis seconded the motion. There being no discussion, the Resolution was approved by a vote of 5 in favor to 0 opposed. 10- 28 -02tc Page 6 of 8 Item No. 11: MANAGER'S REPORT Council stated their appreciation and agreement with revisions to the Town Park reservation form, police escort for the Melton Ranch school bus, and action taken by the Timbers Club to reduce the visual impact of the clock tower lighting. Mordkin requested that staff consider utilizing the houses located on the Rodeo property for use by event operators, such as those providing trail rides, etc., who need housing near the animals. Segrest explained that use of the houses as employee housing would include an agreement that those residing in the houses would oversee the Rodeo property, which could also be an agreement with an event operator. Cougar Canyon Annexation Proposal Negotiations Segrest reported that he has been negotiating with applicant representative Dave Myler, on an annexation agreement based on Council direction. He explained that Mr. Myler indicated in a letter to Council that Council direction to staff for the negotiations is not acceptable to his client, and requests that the Town process the application based on his client's initial proposal. Segrest requested Council direction regarding continuance of the negotiations based on the terms provided by Council. Myler spoke on behalf of his client regarding timing of payment or prepayment of impact fees related to this development. Council informed Myler that they have empowered the Town Manager to negotiate the agreement on behalf of Council, and directed the Town Manager to continue with the original Council direction on this matter. Mayor Manchester will continue to meet with the Town Manger to discuss the issues. Item No. 12: DISCUSSION COMMITTEE REPORTS /COUNCIL COMMENTS /CALENDARS SAS RFP Exclusive Ski Rental Supplier In response to the Public Non Agenda items presented earlier in this Meeting by Bill Tomcich of SAS, Mordkin stated that he has no way of knowing, and does not dispute the facts in the letter read by Tomcich, outlining the sequence of events leading to a decision made by SAS to select an exclusive ski rental supplier for the 2002 -2003 Winter ski season. Bill Kane, speaking on behalf of the Aspen Skiing Company (ASC) and their employees, offered his statement to set the record straight, which he felt was accomplished in Tomcich's letter. Kane stated that the comments made at the October 7, 2002 Council Meeting have caused his company a concern regarding the ability for ASC to receive fair, objective and unbiased review of future application due to the display of bias. He stated that he felt the comments made by Mordkin alleged improprieties and allegations that the ASC had unduly influenced the RFP process and decision made by SAS, for the benefit of the ASC and to the detriment of others. He further stated that he felt the comments were shocking, not based on fact and impugned the integrity of the ASC on public television, and was a disservice to the Community and 10- 28 -02tc Page 7 of 8 to Snowmass Village Town Council. He requested that ASC be notified ahead of time in the future of any issues that may insinuate a wrongdoing on the part of the ASC in order to allow his company to provide knowledgeable staff at the meeting to speak on behalf of his company. Mordkin stated that more than one citizen brought this issue to him and that he did not feel that the ASC influenced the SAS Board. He explained that he felt it was the perception of the process that caused concern, when a company such as the ASC holds a 1/3 stake in another company, where the requirements are structured such that the ASC is the only company that can get the bid, whether it be intentionally or unintentionally, it is not appropriate. He summarized his comments by stating that just because one has the ability, does not mean they should do it. Rodeo Restrooms Mercatoris requested that staff investigate the possibility of upgrading the public restrooms at the Rodeo parking lot and also requested that the portable restrooms at the entryway booths be relocated. Festival Site Mercatoris stated his appreciation to the ASC, the Snowmass Club and Town staff for reevaluation and redesign of the festival site, which will allow larger groups in the future. He requested that any trees removed from the site be replaced in a location at the site that would not interfere with the festival site plan. Airport Improvements Presentation In response to an inquiry made by Mayor Manchester, Tomcich agreed to make a future presentation to Council regarding the Aspen airport improvements. Hidden Valley In response to an inquiry made by Mayor Manchester, the Town Attorney reported that all deeds for Hidden Valley have been recorded. RFTA Board Meeting Manchester reported that he attended a Roaring Fork Transportation Authority (RFTA) Meeting earlier on this date. Personnel reviews were conducted with the CPO and attorney and effects of the decision on the Entrance to Aspen alignment for transit were discussed. The Board agreed to endorse a Resolution in support of the Colorado Department of Highways (CDOT) Record of Decision and therefore the Modified Direct, as the best alternative for supporting transit alternatives. Signs in Dumpster Sheds Manchester requested that staff remove all signs from the dumpster sheds. Rodeo Operation Mordkin stated he has requested staff provide a profit and loss on the 2002 Rodeo operation. When completed, the Rodeo Committee will meet to discuss language to be 10- 28 -02tc Page 8 of 8 included in a RFP to obtain a Rodeo operator for the 2003 Rodeo season. He reported that the FAB has requested the ability to review and make recommendations for inclusion in the RFP. November 5, 2002 General Election Mercatoris, addressing both those in attendance at this Meeting as well as the television audience, encouraged the public to vote on Tuesday, November 5, 2002. He encouraged the electorate to vote in favor of the ballot question for a Marketing Tax for marketing and special events. He reported that Snowmass Village Council and all candidates support the ballot question and that Council Members are available to answer any questions from the public. Item No. 13: ADJOURNMENT There being no further business, Puvis made a motion to adjourn the Meeting, seconded by Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 6:44 p.m. Submitted By, Trudi Worline, Town Clerk