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12-16-02 Town Council MinutesMayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, December 16, 2003 at 2:05 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 DECEMBER 16, 2002 Item No. 2: RODEO PROPERTY RFP DISCUSSION Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue, Arnold Mordkin, Bill Boineau Mike Segrest, Town Manager; Carey Shanks, Assistant to the Town Manager; Hunt Walker, Public Works Director; Chris Conrad, Planning Director; Joe Coffey, Housing Manager; Steve Connor, Town Attorney; Marianne Rakowski, Finance Director; Rhonda B. Coxon, Deputy Town Clerk Jack Hatfield, Bob Purvis, Ivan Perrin, Chuck Baker, Brent Gardner Smith, Barbara Lucks, Wayne Floyd, Joe Wells, Paul Taddune, Rick Griffin, Bruce Baker, Larry Burris, Carter Budwell, Bernie Grauer, Madeleine Osberger and other members of the public interested in today's Agenda. DISCUSSION AGENDA Council directed staff to produce a Request for Proposal (RFP) for the Rodeo for summer of 2003. Public Works Director, Hunt Walker presented a draft Request for Proposal (RFP) for the Rodeo Property and reviewed it with Council. After a lengthy discussion Town Council agreed that the RFP should not include exclusive use of the entire rodeo property. Council would like to include 12- 16 -02tc cont'd to 12 -19 -02 Page 2 of 7 additional uses of the property and keep options open. The Council would like to have a discussion with the Marketing and Special Events Board in regards to this event and space. Council requested that staff include historical use and minimum standards with specifics and ticket price within the RFP. Council would like to see a RFP with a narrower scope and keep public and immediate neighbors of the Rodeo property involved in the process. Item No. 3: PUBLIC HEARING AND CONSIDERATION OF AMENDING THE HOUSING SALES REGULATIONS Housing Manager, Joe Coffey has two items for discussion today. Daly Town homes Sales Update There is one mobility disability unit to sell at the Daly Townhomes. Coffey has contacted the Pitkin County Housing Authority regarding this unit and they do not have an active list to share for mobility disabled applicants within Pitkin County. After a lengthy discussion, Council Member Mordkin made a motion to change the rules and regulations for this unit only to 1) Snowmass Village one year employee and a three year Pitkin County mobility disability 3 year employee and advertise for thirty days, 2) open up to Pitkin County Hospital or School District with 3 years for 30 days and 3) open to any Pitkin County Employee with 3 years employment for 30 days. The current lottery regulations will be used for all three scenarios. Council Member Mercatoris seconded the motion. The motion was approved by a vote of 4 in favor to 1 opposed. Manchester, Boineau, Mordkin and Mercatoris were in favor and Virtue was opposed. The Mayor took comment from the Public at this time. Mayor Manchester opened the Public Hearing for public comment at 5:33 p.m. Mountain View 1322 Sales Discussion Mountain View 1322 is up for sale and has been advertised for 30 days. There has not been a qualified applicant to date. The current regulations do not allow this unit to be offered to Snowmass Village employees with less than 3 years employment time or sell units to Pitkin County employees. Council Mercatoris made a motion to change the regulations to: after 30 days if there is no qualified Snowmass Village purchaser, advertise for 15 days; opening the lottery to Pitkin County employees. Aspen Valley Hospital employees and Aspen School District Employees will be given a higher priority and moved up one employment category. Boineau seconded the motion. The motion was approved by a vote of 3 in favor to 2 opposed. Manchester, Boineau and Mercatoris were in favor and Mordkin and Virtue were opposed. This will be a regulation change not a code change. 12- 16 -02tc cont'd to 12 -19 -02 Page 3 of 7 Snowmass Village resident, Jack Hatfield stated his opposition against the hospital and school district employees having a higher priority than the rest of the Pitkin County employees. There being no further public comment Mayor Manchester closed the Public Hearing at 6:00 p.m. Town Council took a ten minute break at this time. Mayor Manchester excused himself from the meeting at 6:10 p.m. REGULAR AGENDA Item No. 4: PUBLIC NON AGENDA ITEMS Board Member Mercatoris stated he is aware that most of the public attending the meeting today are here due to some concerns regarding the Marketing Tax. Mercatoris stated that the Town Council is willing to work with the lodging community regarding this issue. Representing the Woodrun Five Condominiums, Wayne Floyd noted that this is a Public Relations problem. He stated that the Town is asking the lodging community to ask their guests with reservations that are paid in full to pay for an additional 2.5% for the marketing tax. Floyd also stated the only fair and just thing to do is not charge the tax. Representing the Woodrun Five Condominiums, Barbara Lucks stated that this really creates an image problem for Snowmass Village. Representing First Choice Properties, Ivan Perrin thanked Town Council for their time and effort addressing this matter. Representing Snowmass Real Estate, Rick Griffin reviewed the booking times of most of these guest and lack of knowledge of the tax at that time, some of the people with reservations for Christmas booked these reservations last Christmas. Council Member Mercatoris stated that the Marketing and Special Events Board will address this issue at their next meeting scheduled on December 19 Item No. 5: PUBLIC HEARING AND ACTION RESOLUTION NO. 69, SERIES OF 2002 TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A RESOLUTION APPROVING AN APPLICATION BY CHEROKEE 12- 16 -02tc cont'd to 12 -19 -02 Page 4 of 7 OUTFITTERS FOR AN ANNUAL TEMPORARY USE PERMIT TO ALLOW HORSE DRAWN SLEIGH RIDES FROM THE TOWN RODEO GROUNDS THROUGH THE HORSE RANCH PASTURE. Mayor Pro Tem Mercatoris opened the Public Hearing for public comment at 6:59 p.m. Planning Director Chris Conrad stated that the submittal and public notification requirements for this applicant have been satisfied. A resolution has been included for approval. There being no further comments from the public, the Public Hearing was closed at 7:00 p.m. Council Member Mordkin made a motion to approve Resolution No. 69, Series of 2002, seconded by Council Member Virtue. The Resolution was approved by a vote of 4 in favor to 0 opposed. Mayor Manchester was absent. Item No. 6: MANAGER'S REPORT There were no items for discussion at this time. Item No. 7: APPROVAL OF MEETING MINUTES FOR 11 -25 -02 Council Member Mordkin made a motion to approve the Minutes of 11- 25 -02, seconded by Council Member Virtue. There being no changes to the minutes, the motions was approved by a vote of 4 in favor to 0 opposed. Mayor Manchester was absent. Item No. 8: COMMITTEE REPORTS /COUNCIL COMMENTS /CALENDARS DISCUSSION Winnebago at Rodeo Grounds Council directed staff to confirm who the Winnebago at the Rodeo Grounds belongs to and why it is there. Krabloonik Dumpster Staff needs to be more proactive and report broken dumpster sheds before neighbors call with complaints. Big Air Night Doug MacKenzie of the Aspen Skiing Company has proceeded with this event and it will start during Winterskol weekend and possibly become a weekly event. Intercept Lot Pay Phone Mercatoris asked staff to contact RFTA and discuss putting some form of telephone for emergency purposes at this location for the ridership. 35 Years of Skiing 12- 16 -02tc cont'd to 12 -19 -02 Page 5 of 7 There will be a celebration on the mall with cake and refreshments to celebrate 35 years of Skiing in Snowmass Village on Tuesday, December 17, 2002. The item listed below will be continued to December 19, 2003 at 1:00 p.m. 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. THE TOPIC FOR DISCUSSION WILL BE MUNICIPAL CODE AMENDMENTS. Item No. 10: ADJOURNMENT At 7:18 p.m. Council Member Mercatoris continued this meeting to Thursday, December 19, 2002 at 1:00 p.m. in the Town Council Chambers. Submitted By: Rhonda B. Coxon, Deputy Town Clerk Mayor T. Michael Manchester opened the continuation of the Regular Meeting of the Snowmass Village Town Council on Thursday, December 19, 2002 at 1:03 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Colorado revised Statues 24 -6 -402 (4) (b) Snowmass Village Municipal Code Chapter 2, Article III, Section 2 -45 (c) (2) Executive Sessions. SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES DECEMBER 19, 2002 CONTINUED FROM DECEMBER 16, 2002 Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue, Arnold Mordkin, Bill Boineau 12- 16 -02tc cont'd to 12 -19 -02 Page 6 of 7 COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: PUBLIC PRESENT: This item was not on the Agenda Item No.1A: NON AGENDA ITEMS Mike Segrest, Town Manager; Carey Shanks, Assistant to the Town Manager; Chris Conrad, Planning Director; Jim Wahlstom, Senior Planner; Steve Connor, Town Attorney; Rhonda B. Coxon, Deputy Town Clerk Barbara Lucks, Joe Wells, Brent Gardner Smith, Bob Purvis, Paul Taddune, Madeleine Osberger. Peter Moore Marketing and Special Events Board Chairman of the Marketing and Special Events Board, Bob Purvis provided Town Council with an update from the MSEB meeting this morning. An item on the agenda was the Customer Relations issue brought forward by various members of the lodging community. The MSEB is proposing an appropriate line item in the MSEB 2003 budget for lodges to recover any customer courtesy credit they might issue to mitigate any negative customer relations arising from the collections of the new marketing tax. The amount being proposed for the total budget impact is $160,000. Council Member Virtue made a motion to approve the request for this amount to be added to the 2003 Marketing and Special Events budget, seconded by Council Member Mercatoris. The motion was approved by a vote of 5 in favor to 0 opposed. Seven Star Ranch Discussions Representing Seven Star Ranch, Joe Wells stated that the reason they have come before Town Council is for some indication as to their preferred access. Wells believes the only access through Hidden Valley would actually be through a portion of the Cemetery, which is not owned by the Town. Manchester responded he felt that is new information; he noted the last discussion on this access the road only clipped the corner of the Cemetery property. Wells explained since those discussions the land has been transferred to the Cemetery Board. He also noted that outside the boundary of the Cemetery it is more than 30% slopes and close too impossible to develop. After further discussion the Town Council requested that the applicant consider the access that has the least impact to wild life and is able to be developed. Town Council expressed an interest in keeping the entire area of Seven Star open space and unfortunately at this time the Town does not have the funds to pursue this option. Council 12- 16 -02tc cont'd to 12 -19 -02 Page 7 of 7 Member Virtue and the Town Manager will investigate the open space alternative. Item No. 2: EXECUTIVE SESSION Colorado revised Statues 24 -6 -402 (4) (b) Snowmass Village Municipal Code Chapter 2, Article III, Section 2 -45 (c) (2) Executive Sessions. 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. THE TOPIC FOR DISCUSSION WILL BE MUNICIPAL CODE AMENDMENTS At 2:35 p.m. Council Member Manchester made a motion to convene to Executive Session privileged Attorney \Client matters to discuss Municipal Code Amendments. Council Member Mercatoris seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. At 2:42 p.m. Council Member Mercatoris made a motion to reconvene the Regular Meeting, seconded by Council Member Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 3: ADJOURNMENT There being no further business, Council Member Mercatoris made a motion to adjourn the Meeting. Council Member Virtue seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 2:43 p.m. These minutes were approved at the February 3, 2003 Regular Town Council Meeting. Submitted By: Rhonda B. Coxon, Deputy Town Clerk