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02-03-03 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES FEBRUARY 03, 2003 Mayor Manchester called to order the Regular Meeting of the Snowmass Village Town Council on February 3, 2003 at 4:02 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT:Mayor T. Michael Manchester, Douglas Mercatoris, Arnold Mordkin, Richard Virtue, Bill Boineau COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Mike Segrest, Town Manager; Carey Shanks, Assistant to the Town Manager; Dave Peckler, Transportation Director; Jim Wahlstrom, Senior Planner; Chris Conrad, Planning Director; Hunt Walker, Public Works Director; Nick Tucker, Multi-Media Specialist; Julie Lindt, Secretary/Receptionist; Steve Connor, Town Attorney; and Rhonda B. Coxon, Deputy Town Clerk PUBLIC PRESENT: Madeleine Osberger, Valerie Alexander, Sheri Sanzone, Nancy Stevens, Carol Strickman, Kelly McKenny, Brent Gardner-Smith, Lois Upper, Judy Clauson, Carol Batchelder, Dan Blankenship, Joe Wells, Paul Taddune, Kevin Wright and other members of the Public interested in today’s agenda items. DISCUSSION AGENDA Item No. 2: ART WALK MASTER PLAN DISCUSSION Representing Bluegreen Architects and part-time Landscape Architect for the Town of Snowmass Village, Sheri Sanzone presented the Art Walk Master Plan. She asked if Town Council had any questions or comments regarding the Art Walk Master Plan document. Topics that were discussed related to funding, staff support, architectural design and some changes to the map regarding the Alpine garden and Terracehouse location. Mordkin made a motion to approve this Art Walk Master Plan as a guiding document for future developments seconded by, Council Member Virtue. Council directed staff to consider sometime in the future, 02-03-03tc Page 2 of 7 adopting this documents as an amendment to the Comprehensive Plan. The motion was approved by a vote of 5 in favor to 0 opposed. Town Council thanked everyone for their hard work on the Art Walk Master Plan. REGULAR AGENDA Item No. 3: PUBLIC NON-AGENDA ITEMS There were no items for discussion. Item No. 4: PUBLIC HEARING AND DISCUSSION - RFTA VEHICLE REGISTRATION FEE Mayor Manchester stated that the official Public Hearing is scheduled for the Eagle County Community Center Building at 6:30 February 13, 2003. RFTA is looking for public input on the creation of a $10.00 charge for vehicle registration fees to be used for improvements to the public highway to assist transit operations. Dan Blankenship representing RFTA explained the Vehicle Registration Fee. The proceeds from the fees collected will have limited uses i.e. park and ride, by pass lanes and those types of projects. Mercatoris made a motion to support this vehicle registration fee, seconded by Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 5: RESOLUTION NO. 06, SERIES OF 2003 CONSIDERATION OF A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, APPROVING THE 2003 BUDGET FOR THE PITKIN COUNTY ½ CENT TRANSIT SALES AND USE TAX Council Member Mercatoris made a motion to approve Resolution No. 6, Series of 2003, seconded by Virtue. This budget was approved at the last EOTC meeting. Council requested that the EOTC packet be distributed on a timely basis. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 6 PUBLIC HEARING AND FIRST READING - ORDINANCE NO. 1, SERIES OF 2003 AND PUBLIC HEARING AND DISCUSSION ON RESOLUTION NO. 5, SERIES OF 2003 TO RECEIVE PUBLIC COMMENT AND FIRST READING CONSIDERATION ON ORDINANCE NO. 01, SERIES OF 2003, AND PUBLIC COMMENT AND DISCUSSION ON RESOLUTION NO. 05, SERIES OF 2003, CONSIDERING THE SEVEN STAR FINAL PUD APPLICATION, INVOLVING: 1) A LAND TRADE 02-03-03tc Page 3 of 7 BETWEEN THE TOWN AND APPLICANT INVOLVING TRACTS “A” AND “C;” 2) SUBDIVISION OF TRACTS “B” AND “C” FOR TWO LOTS; 3) DEVELOPMENT OF A PRIMARY RESIDENCE, A CARETAKER/GUEST HOUSE, AND ACCESSORY STRUCTURES ON EACH OF THE TWO LOTS WITHIN LIMITED DEVELOPMENT AREAS; 4) RELOCATION OF THE PROPOSED PRIMARY RESIDENCE SITE ON LOT 2 TO ACCOMMODATE A REROUTED ACCESS ROAD FROM OWL CREEK ROAD THAT IMPACTS 30 PERCENT SLOPES; 5) SPECIAL REVIEW TO ALLOW THE REROUTED ACCESS ROAD THROUGH LAND CURRENTLY ZONED “OPEN SPACE;” 6) VARIANCES TO ALLOW ROAD WIDTHS OF LESS THAN 20 FEET AND AN INCREASE IN GRADIENT BEYOND EIGHT (8) PERCENT; 7) THE ADDITION OF A BARN AND CORRAL SITE NEAR THE SOUTHEAST CORNER OF LOT 2; 8) AN ALTERNATE STORAGE BUILDING LOCATION ON THE NORTH PORTION OF LOT 1 NEAR THE FENCED PASTURE AREA; 9) ZONING TO “PUD” OF TRACTS “A” AND “B” TO BE INCORPORATED WITHIN THE TOWN FROM AFR-10 ZONED LAND IN THE COUNTY, UNLESS A MORE APPROPRIATE ZONE DISTRICT IS DETERMINED BY THE TOWN FOR TRACT “A;” 10) REZONING OF LAND IN TRACT “C” THAT IS CURRENTLY ZONED “OPEN SPACE” WITHIN THE TOWN TO “PUD” FOR LAND AREA NOT EXCEEDING A COMBINED TOTAL OF FIVE (5) ACRES; AND 11) REQUESTED VESTING FOR A PERIOD OF 10 YEARS. Council Member Virtue made a motion to approve Ordinance No.1, Series of 2003, seconded by Mayor Manchester. Mayor Manchester opened the Public Hearing on Ordinance No.1, Series of 2003 at 5:00 p.m. Senior Planner Jim Wahlstrom noted that posting and publishing requirements for the Public Hearing have been met. Joe Wells representing the applicant reviewed the application for the record. This application was originally submitted to Pitkin County in 1994. The submission consisted of three lot split applications with two homes sites on each parcel. The County and the Open Space Board approached the applicant to purchase a piece of land for open space. The County and the applicant then entered into an agreement that required the applicant to look for an alternate access to the upper home sites. The applicant then pursued alternative access within the Town of Snowmass Village. Wells reviewed the access alternatives, wildlife reports and barn site relocation with Town Council. Council discussed various wildlife mitigation plans and migration areas. Council requested the barn being used for storage be moved to another location, the current location is very close to Brush Creek Road. 02-03-03tc Page 4 of 7 Representing the Owl Creek Ranch Homeowners Association Attorney Rhonda Basil asked if there was any safe guards in place to keep the road easement from overflowing onto the Droste Easement. Representing the Aspen Times Brent Gardner-Smith asked what the motivating factor for this proposal was for the Town Council. Mayor Manchester stated any development alternative to the development scenario that puts a lot of activity in the meadow and draws along the Brush Creek corridor along with the land trade of the triangle parcel are beneficial amenities for the Community. Town Council reviewed the Ordinance and made various changes, relating to wildlife management, barn development, conditions, access road, dwelling units, wall and road alignment, gate set back on Owl Creek Road and architectural design of certain buildings, Council advised the applicant on big picture issues of the overall ordinance and its contents. Planning Director Chris Conrad reminded the Town Council that this application will be reviewed under the old Land Use code. Town Attorney Steve Connor suggested that the Ordinance be tabled for reformatting and to address the issues listed above. At 6:30 the parties representing the applicant requested a short break for discussion. At 6:42 the meeting was reconvened. The applicant agrees that the presentation has not been concluded and would th be continued to March 17Regular Meeting. Mayor Manchester closed the Public Hearing at 6:45 p.m. Council Member Mercatoris made a motion to table First Reading of Ordinance No. 1, Series of 2003, to the February 17 2003 Regular Town Council Meeting, seconded by Council Member Virtue. The motion to table was approved by a vote of 5 in favor to 0 opposed. Item No. 7: FIRST READING - ORDINANCE NO. 3, SERIES OF 2003 CONSIDERATION 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 MILVENAN FAMILY FIRST LIMITED PARTNERSHIP, A TEXAS LIMITED PARTNERSHIP, CONTIGUOUS TO AND NOT EMBRACED WITHIN THE PRESENT LIMITS OF THE TOWN, 02-03-03tc Page 5 of 7 AND SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF THE TOWN COUNCIL Council Member Mercatoris made a motion to table First Reading of Ordinance No. 3, Series of 2003, to the February 17 2003 Regular Town Council Meeting, seconded by Council Member Virtue. The motion to table was approved by a vote of 5 in favor to 0 opposed. Item No. 8: MANAGER’S REPORT Daly Townhomes Sales Update Town Manager Mike Segrest reviewed the update regarding the unsold units at the Daly Townhomes. Segrest asked that Town Council respond to Joe Coffey’s email regarding some housing issues. th February 10, 2003 Meeting Cancellation The Regular Meeting of the Town Council on February 10, 2003 will be cancelled. Performance Center Update The Arts Advisory Board has collected proposals for a feasibility study and will come before Town Council for direction in the near future. Town Council/Planning Commission Joint Meeting thth The date for this discussion will actually be February 5 not the 6 as listed in the Packet. Item No. 9: APPROVAL OF MEETING MINUTES FOR 12-03-02, 12-16-02 AND 01-06-03 Council Member Mercatoris made a motion to approve the Meeting Minutes for 12-02-03, 12-16-02 and 01-06-03, seconded by Council Member Virtue. There being no changes or discussion, the motion was approved by a vote of 5 in favor to 0 opposed. Item No. 10: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/CALENDARS Pro-to-type Bus Stop Mercatoris would like to see the pro-to-type bus stop that was built at the Snowmass Club Circle replace the current bus stop at Owl Creek and Brush Creek requested that staff consider this in the future. Town Manager Mike Segrest stated this issue would be addressed in the Capital Improvement Program discussion. 02-03-03tc Page 6 of 7 Brush Creek and Faraway Road Bus Stop Mordkin requested that Town of Snowmass Village’s plows stay on Brush Creek and do not plow the pull off area as it shoots snow into the bus stop. He also asked that the person doing snow removal clear the sidewalks after the piston bow machine passes over the sidewalk. Shuttle Bus Schedule Mordkin commented on the time of the schedule of the buses that leave the mall to the Snowmass Center. He would also like to see the names of the bus drivers posted within the bus. X-Games Boineau congratulated local residents Gretchen Bleiler, Steele Spence and all others that participated in this event. RFTA If Council Members notice infractions of a RFTA bus, please obtain the bus number and the time and day so RFTA can then speak with the driver. Manchester stated that RFTA is looking at advertising on buses for additional revenue. SB154 Manchester noted this deed restriction housing SB will be going to the floor and we are staying involved to see this bill defeated. Resort Tour Manchester commented on the tour of Bachelor Gulch and Copper Mountain. There were discussions between the Planning Commission and Town Council regarding review procedures for submissions and possible procedure changes. NOTE: This Item was not listed on the Agenda for today’s meeting. At 7:14 p.m. Mercatoris made a motion to convene to Executive Session, seconded by Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. 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 02-03-03tc Page 7 of 7 THE TOPIC FOR DISCUSSION IN THE EXECUTIVE SESSION WILL BE PRIVILEGED ATTORNEY\CLIENT CONFERENCE WITH THE TOWN ATTORNEY At 8:05 p.m. Virtues made a motion to reconvene to the Regular Meeting, seconded by Mercatoris. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 11: ADJOURNMENT There being no further discussion, Mercatoris made a motion to adjourned the Regular Meeting, seconded by Virtue. The motion was approved by a vote of 5 in favor and 0 opposed. The Meeting adjourned at 8:06 p.m. These minutes were approved at the April 21, 2003 Regular Meeting of the Town Council of the Town of Snowmass Village with a motion made by Council Member Virtue, seconded by Council Member Mordkin by a vote of 4 in favor to 0 opposed. Mayor Manchester was absent. Submitted By: ________________________________ Rhonda B. Coxon, Deputy Town Clerk