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01-06-03 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES JANUARY 6, 2003 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, January 6, 2003 at 2:00 p.m. COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue and Bill Boineau Council Member Mordkin arrived at 2:50 p.m. COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Mike Segrest, Town Manager; Carey Shanks, Assistant to the Town Manager; Hunt Walker, Public Works Director; Art Smythe, Chief of Police; Chris Conrad, Planning Director; Larry Green, Wildlife Officer; Jim Wahlstrom, Senior Planner; Steve Connor, Town Attorney; Joe Coffey, Housing Manager; William Lippman, Municipal Judge; Marianne Rakowski, Finance Director; Rhonda Coxon, Deputy Town Clerk; Julie Lindt, Secretary; Trudi Worline, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Kevin Wright, Deidre Boineau, Joe Wells, Bernie Grauer, Don Crouch, Robert Goldstein, Linda Sandels, Brent Gardner Smith, Paul Taddune, Robert Purvis, Peter Droste, Paul Shepherd, Kelly McKenney, Lois Sando, Lynda Palevsky and other members of the public interested in the Agenda items for this Meeting. Item No. 2: INTERVIEW APPLICANTS FOR TOWN BOARDS AND COMMISSION VACANCIES After a short discussion and review of the 2002 Board Attendance documents, Town Council Member Mercatoris made a motion to appoint all incumbents to the 01-06-03tc Page 2 of 9 respective boards and new applicant Kelly McKenny to the Arts Advisory Board. Virtue seconded the motion. Mercatoris thanked the applicants and stated that the Clerk’s office would contact them in the near future. He explained that a resolution officially appointing the board members would be addressed in the regular portion of this Meeting. Council interviewed applicants Robert Goldstein and Don Crouch, who applied to fill a vacancy on the Planning Commission. Mayor Manchester explained that with the numerous development applications due to come before Council in 2003, Planning Commission meetings would be increased, stressed the importance of member attendance at the meetings, and discussed Municipal Code requirements and regulations pertaining to Town Board and Commission members. He requested that applicants Goldstein and Crouch return to the Meeting at 5:00 p.m., at which time Council Members Mordkin would be in attendance and Council would cast their votes to fill the vacancy. Manchester explained that the available Planning Commission seat was vacated by Bill Boineau when he was elected to Town Council at the November, 2002 Regular Election. The applicant appointed by Council at this Meeting will fill the remainder of the three-year term due to expire in January of 2003. Council discussed the possibility of appointing one of the two current Alternate Planning Commission Members to the vacant seat. Council reviewed all attendance records for all Board and Commission members and requested that staff contact Melissa Forster to determine if she has an interest to remain on the Liquor Licensing Authority. Item No. 3: SEVEN STAR RANCH PUD DISCUSSION Town Manager Mike Segrest explained that recent changes proposed by the applicant have been reviewed and the Planning Commission as requested by Council has made recommendations. Senior Planner Jim Wahlstrom requested Council direction on identified core issues and policy questions. He outlined major impacts related to the visual impact of the homes and access road, as well as wildlife issues relating to the proposed access road. Wahlstrom provided a history of the application process beginning in 1999 and suggested Council focus on the recently made modifications as a continuation of the 1999 discussions. A comprehensive Resolution addressing all the issues discussed over the past 7 years would then be brought to Council for consideration of approval at the February 3, 2003 Council Meeting, along with an Ordinance for consideration regarding an application for annexation. Applicant representative Joe Wells identified the areas on a map where proposed changes to the application have been made, as well as various other locations of interest pertinent to the application. He also identified alternatives to the plan if Council should reject the proposed location of the access road. Changes necessitated by relocation of the road related to one of the two building envelopes and a barn envelope. 01-06-03tc Page 3 of 9 Council stated concerns regarding proposed construction within the wildlife migration corridor, road construction on 30-percent slopes, height of required retaining walls, 12-percent road centerline slopes, uses and enforcement for violations of uses on barn sites during critical wildlife migration dates. Kevin Wright of the Department of Wildlife (DOW) stated his concerns regarding construction in the wildlife migration corridor, height of retaining walls on the proposed access, use of the barn areas during critical wildlife migration dates and requested an extension of those dates. In response to an inquiry made by Manchester, he stated his preference for road access through Hidden Meadows or through the Droste property. Wildlife Officer Larry Green agreed with Wright’s statements and stated his preference for a single access with connecting roads to the upper mesa rather than two separate accesses with disconnected driveways. Wells reported that he would continue his effort to obtain easements for the access road off Owl Creek, which would pass through two Owl Creek homeowner’s lots and connect to the access road proposed near the Maintenance Facility. If this access can be obtained, it would bypass the steep slopes and eliminate the need for construction of high retaining walls. He also stated that there would be no activity at the barn locations on the agricultural site during critical wildlife migration dates. Wells explained floating building envelopes, ridgeline impacts, uses of agricultural areas during critical wildlife migration dates and stated that there would be no dogs allowed on the sites. Council discussed the proposed trail location and agreed with Planning Commission’s recommendation. Council also agreed that a list of restrictions and permitted uses be included in the PUD Guide for the areas outside the development sites. Council stated a concern regarding lighting and the visual impact of inside lighting, and agreed that a committee made up of two owners and two members of the architectural committee would address the issue. Council discussed the proposed rezoning on an area of less than five acres to be rezoned from open space to PUD and agreed that the applicant would rezone and replat tract “A” per staff recommendations. Staff will provide a list of Council direction provided at this Meeting and prior Meetings, for Council review before incorporation into the final Resolution and Ordinance. Council agreed that the applicant should continue the wildlife monitoring and reporting program. Mercatoris requested that Wright provide staff with a list of names of State legislators to contact and request that State funding to purchase the open space area. Manchester urged the applicant to provide the necessary information to staff in a timely manner to allow for staff development of documents. NOTE: Council took at 15-minute break at this time and reconvened at 4:45 p.m. Item No. 4: TIMBERS EMPLOYEE HOUSINGDISCUSSION 01-06-03tc Page 4 of 9 The Town Manager reported that the Financial Advisory Board (FAB) has reviewed the option for the Town to acquire the Timbers employee housing project and recommends that the Town not purchase the project since there is not a clear financial advantage to justify the risks of ownership. The FAB also stated that they felt the concept of future ownership of employee housing should be a philosophical discussion for Council, and that they could not recommend purchase on its financial merits based on current information. The Housing Manager stated that if the project is owned by the Timbers, the development agreement requires Timbers ownership to operate the employee housing project under the Town’s Housing Guidelines. Staff agreed with the FAB recommendations based on risk of ownership. After further discussion, Mordkin made a motion that the Town not purchase the Timbers employee housing project. Virtue seconded the motion. The motion was approved by a vote of 3 in favor to 2 opposed. Mayor Manchester and Council Members Virtue and Mordkin voted in favor. Mercatoris and Boineau were opposed. Mountain View Unit No. 1342-Sale Housing Manager Joe Coffey stated that staff advertised to sell Mountain View Unit No. 1342 for an additional 15 days, allowing qualified Pitkin County employees to apply for purchase. Two applications were received and both have now declined. He requested Council approval to continue advertising the unit for an additional 30-day period. He explained that the owners of the Mountain View unit applied and were selected to purchase a Daly Townhome, which is being held until the Mountain View unit is sold. Virtue suggested that if the unit does not sell within 15-20 days, Council consider renting the unit to a qualified employee until it can be sold. Council agreed to a 30-day extension for advertising the Mountain View unit, and requested a status update in 15 days. Item No. 5: PUBLIC NON-AGENDA ITEMS There were no Public Non-Agenda items. Item No. 6: RESOLUTION NO. 01, SERIES OF 2003 CONSIDERATION OF A RESOLUTION DESIGNATING THE LOCATIONS OF THE OFFICIAL PUBLIC NOTICE BOARDS FOR THE TOWN OF SNOWMASS VILLAGE. Mercatoris made a motion to approve Resolution No. 01, Series of 2003, seconded by Mordkin. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 8: RESOLUTION NO. 03, SERIES OF 2003 CONSIDERATION OF A RESOLUTION APPOINTING WILLIAM J. LIPPMAN AS MUNICIPAL JUDGE, SETTING THE TERM OF OFFICE AND COMPENSATION 01-06-03tc Page 5 of 9 Mercatoris made a motion to approve Resolution No. 03, Series of 2003, seconded by Virtue. Judge William Lippman was present and reported that there has been no significant increase in the volume of Court activity during the past year. He stated that Court activity remains very low for the Village. He accredited the low activity to the good judgment and discretion of the Snowmass Village Police Department when issuing citations and in other policing situations, and to a law-abiding community. Council stated their appreciation to the Police Department, Judge Lippman and to the community for their efforts in making the Town a safe and pleasant place. After further discussion, the motion was approved by a vote of 5 in favor to 0 opposed. Item No. 9: RESOLUTION NO. 04, SERIES OF 2002 CONSIDERATION OF A RESOLUTION APPROVING A WAIVER OF CERTAIN PRELIMINARY PLANNED UNIT DEVELOPMENT SUBMISSION DATA REQUIREMENTS FOR STONEBRIDGE CONDOMINIUMS Planning Director Chris Conrad explained that the Stonebridge is requesting a waiver of the submission data requirements outlined in the Land Use Code for a small project, which meets the criteria of a Minor PUD submission. The project entails creation of 1,950 additional square feet of new office and storage space. The applicant is preparing to submit a Preliminary Review application. He explained that the Resolution states the applicant may be required to submit any of the waived items if it is determined that the information is necessary during the course of review. Mercatoris made a motion to approve Resolution No. 04, Series of 2003. Virtue seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 10: MANAGER’S REPORT Terrain Park Town Manager Mike Segrest stated that staff has developed a License Agreement with the Aspen Skiing Company for the Town to assume responsibility for the Terrain Park and are working toward including it as additionally insured on the Town’s insurance. The necessary structures and equipment will be placed on the site by the ASC and the event may be in operation as soon as the upcoming weekend. The “Big Air” The “Big Air” event is scheduled to be in operation during Winterskol. Prize money for the event will be funded with Snowmass Village Resort Association (SVRA) monies budged for the discontinued “Splash” event. Determination if the area will be lighted, as well as the number of hours and times the area would be lighted has yet to be determined, as well as whether a permit is necessary and determination of allowable uses for the site. Mercatoris requested that the 01-06-03tc Page 6 of 9 neighborhood be notified in order to receive their comments and that the event be scheduled later in the evening hours than that proposed. He suggested the Marketing and Special Event Board (MSEB) and the Community Fund consider providing funding for necessary lighting equipment. Marketing & Special Events Board Segrest reported that the MSEB is advertising for applications for a Marketing Director, which will be a Town employee position. The selection process and compensation for the position will be further discussed by the Board at the next meeting. Center to Base Village Connector Segrest stated that the Town has received a preliminary plan PUD proposal for construction of a connector from the Center to Base Village. A consultant will be utilized to look at alternatives to integrate plans submitted by Base Village and the Snowmass Center, and to examine how a connector could be designed to achieve the Town’s goal of truly integrating the three commercial nodes, determine financial implications, determine if it would be an effective element as a part of the Town’s transportation system. Televising Town Council Meetings Grassroots Television has agreed to train the Town’s Computer Specialist to film Council Meetings on dates not covered by the contract that is being negotiated with Grassroots. This approach will allow the Town to keep costs in line with the budget while taking better advantage of an existing staff position to save on costs. He also reported that Town staff is working with Aspen and Pitkin County telecommunications group and attempting to utilize one or two other additional stations to avoid Town Council meetings being preempted by other television programming. Staff is also investigating the possibility of the Town having their own station. Mayor Manchester requested that the sound of the televised meetings be improved. In response to an inquiry made by Mordkin, Segrest explained that our current agreement and budget is for televising, although some of Grassroots overhead costs are included in that rate, and that the Town has not expressed a desire to provide additional support, which may be a topic to consider for Council discussion in the future. Segrest stated that the Assistant to the Town Manager would fill the Town representative position on the Grassroots Board, replacing Mordkin. Virtue suggested that the MSEB consider televising their meetings and Manchester suggested televising Planning Commission Meetings in the future. Employee Housing Survey Segrest stated that the Employee Housing Survey document is being finalized and plans distribution of the survey by mid-January, 2003. Town staff has been striving to compile a list of Town employer and employee addresses in order to obtain a high level of participation in the survey. Mayor Manchester urged 01-06-03tc Page 7 of 9 employers to cooperate by providing lists of their employees to assist the Town in compiling valid information relevant to future construction of employee housing. Council\Planning Commission Planning Session Manchester stated that Council and Planning Commission members plan to tour Bachelor’s Gulch, Beaver Creek and Copper Mountain on January 22 and 23, 2003. Council and the Planning Commission will discuss their roles as Town officials and view architecture, mass and scale within development of the resort areas, in preparation of upcoming development reviews. The Planning Commission will return the evening of January 22 and Council members will remain at the resorts through January 23. In response to an inquiry made by Segrest, Council discussed the proposed agenda for the Session, requested revisions and determined that the final revised agenda for the Session would identify staff member’s attendance at the Session. MSEB Ex-Officio Members Segrest stated that the MSEB is considering the addition of two ex-officio, non- voting members for the Board as a part their By-Laws. Council felt that the proposal was appropriate. Bob Purvis, Interim Chairman of the MSEB was present at the Meeting. He stated that development of By-Laws is nearing completion and that the MSEB plans to nominate and elect officers for the Board at their first Regular Meeting in February. Droste Easement Restoration Segrest reported that he met with the Town Attorney as well as County employees Dale Will and John Ely concerning restoration of damage on the Droste easement. Numerous attempts to contact individuals involved in the construction and requests for repair of the area have proved futile, and the Town is preparing to obtain enforcement through the Court system. Pitkin County Open Space Board has agreed to cover legal expenses, which would be recoverable through the Easement Agreement. Budget Document In response to an inquiry made by Mordkin, Segrest stated that at completion of publication, copies of the Budget document would be provided to Council Members. Item No. 7: RESOLUTION NO. 02, SERIES OF 2003 CONSIDERATION OF A RESOLUTION APPOINTING MEMBERS TO THE FINANCIAL ADVISORY BOARD, ARTS ADVISORY BOARD, LIQUOR LICENSING AUTHORITY, THE CITIZEN GRANT REVIEW BOARD, BOARD OF APPEALS AND EXAMINERS AND PLANNING COMMISSION Mayor Manchester stated that there are two qualified applicants to fill the vacancy on the Planning Commission. Applicants Don Crouch and Robert 01-06-03tc Page 8 of 9 Goldstein were present. He stated that the applicant appointed would fill the remainder of a three-year term vacated by the resignation of recently-elected Town Council Member Bill Boineau, and would expire in January 2004. Council cast their ballots and Don Crouch received the highest number of votes. Council stated their appreciation to Goldstein and requested that he submit an application when a vacancy occurs in the future. Manchester outlined the upcoming Council\Planning Commission Planning Session, requested that Crouch meet with Planning Commission Chairman George Huggins and stated that all Planning Commission information could be obtained from Town staff. Boineau requested that one of the current Alternates serving on the Planning Commission fill the full-time vacancy on the Commission, and Crouch be appointed to the Alternate position. Council discussed the issue and cast their ballots once again from a pool of three names, which included Crouch and the two current Alternate Planning Commission members John Wilkinson and Bob Fridstein. Crouch once again received the highest number of votes to fill the full- time seat position. Mercatoris made a motion to approve Resolution No. 02, Series of 2003, appointing Don Crouch to the Planning Commission, Meggan Bly Humphrey Shirley Millard, Judy Clauson, Janet Grenda, and Kelly McKenny to fill vacancies on the Arts Advisory Board, Melissa Forster, Deidre Boineau and Cheryl Morgan to the Liquor Licensing Authority, Mary Lou Farrell, Dan Alpert and Lynda Palevsky to the Citizens Grant Review Board, Don Upper and Patrick Keelty to the Board of Appeals and Examiners. Virtue seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 11: APPROVAL OF MEETING MINUTES FOR 12-09-02 Mercatoris made a motion to approve the Minutes of 12-09-02, seconded by Virtue. There being no additions or corrections, the Minutes were approved as read by a vote of 5 in favor to 0 opposed. Item No. 12: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/CALENDARS Acquisition of Open Space Mercatoris requested that staff contact the County as well as the State and Federal government offices, in an attempt to identify possible funding sources, or request that one of the entities purchase the Open Space land near Seven Star Ranch and the Rodeo property. Pool\Town Hall\Recreation Center Mercatoris suggested that the Town submit an election question to the electorate that would include funding for construction of a Town Hall and recreation\health center, along with funding previously approved by the electorate for construction 01-06-03tc Page 9 of 9 of a Municipal Swimming Pool at the Rodeo property. Mordkin suggested that location of a Town Hall would be more appropriately located in the Town center. Manchester requested further discussion of this topic during future discussions pertaining to the Entryway Master Planning process. Mercatoris requested that discussions begin in the near future in preparation for the next election season. Segrest stated that he plans to provide Council with a comprehensive capital improvement program for Council review and prioritization. Status – Development Applications Manchester reported that he has been requested to provide a presentation to a professional group on the status of Town projects, goals and procedures in light of current development applications before Council. Council agreed to the request. Staff will prepare an outline. January Council Meetings Council discussed Council Meeting dates for the month of January, and requested that staff cancel the January 20, 2003 Regular Town Council Meeting. Negative Lighting Impact Virtue reported negative visual impact of lighting from a home located high on the North ridge above Sinclair Road. The Town Attorney identified the location of the home as being in Pitkin County’s jurisdiction. Bus Safety Issues Virtue requested that Town shuttle buses be sensitive to obstruction of traffic and traffic safety when loading and unloading passengers near Brush Creek Road\Sinclair Road intersection as well in other areas where there are no official bus stops. Item No. 13: 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 5 in favor to 0 opposed. The Meeting adjourned at 6:09 p.m. These Minutes were approved at the February 3, 2003 Regular Town Council Meeting. Submitted By, _____________________ Trudi Worline, Town Clerk