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02-17-03 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES FEBRUARY 17, 2003 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, February 17, 2003 at 2:02 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue and Arnold Mordkin Council Member Boineau arrived at 2:06 p.m. COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Mike Segrest, Town Manager; Steve Connor, Town Attorney; Carey Shanks, Assistant to the Town Manager; Marianne Rakowski, Finance Director; Hunt Walker, Public Works Director; Jim Wahlstrom, Senior Planner; Carolyn Poissant, Senior Planner; Larry Green, Wildlife Officer; David Peckler, Transportation Director; Chris Conrad, Planning Director; Trudi Worline, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Paul Shepherd, Mel Blumenthal, Joe Wells, Paul Taddune, John Dresser and other members of the public interested in Agenda items for this Meeting. Item No. 2: REPORT ON BLAKE TRAIL AND POWERLINE TRAIL MONITORING Wildlife Officer Larry Green provided an update on wildlife monitoring, specifically implemented to monitor elk and deer movement on the Blake and Powerline Trails, as requested by Council when trail closure dates were lifted from the two trails in February of 2001. At that time, Fall trail closure dates were removed from the Tom Blake and Anerobic Trails, and Spring trail closure dates were removed from the Powerline Trail. The wildlife monitoring was instituted to determine if human use of the trails during the specific dates would have any 02-17-03tc Page 2 of 10 adverse effect on wildlife movement in the area. Green provided a report involving two locations on the trails monitored by camera, showing the number of events and photos taken upon each event. He stated that 54-percent of the events occurred between midnight and 8:00 a.m., a time when human use of the trails would not be expected, and all events recorded were of mule deer. No human or elk, including radio-collared elk events were recorded. He explained that monitoring was not comparable between 2001 and 2002, due to the necessity to move the camera monitoring device to a more secure location. Green concluded that there was no decrease in animal or human movement through the areas monitored since the trail closure dates were changed. During approximately 20-hours of hiking to and from the monitors throughout the last year, Green reported that he has not seen any humans on the trails. In response to an inquiry from Mayor Manchester, Green stated his hope that monitoring radio-collared elk in the Guber property area would provide important evidence during development discussions proposed for that area, which is located within the elk migration corridor. Green stated that he has recently received notification that the Town has been awarded a grant from the Rocky Mountain Elk Foundation to assist with elk movement monitoring by use of radio telemetry collar devices and airplane. The match-grant would be reimbursed to the Town in the amount of $12,000, and would be matched with $10,000 provided by the Town and $2,000 provided by Wildcat Ranch. The grant covers a two-year period, which is to begin in 2004. Council Member Mercatoris stated that he is in favor of the trail closure dates previously imposed on all the trails due to their close proximity to elk calving and migration areas, and requested that Council consider further discussion of this issue at a future meeting. He stated that since monitoring was implemented only after the closure dates were lifted, there is no comparison of animal or human use available. After further discussion, Council directed staff to continue the monitoring process and agreed to provide required funding to match the grant amount awarded by the Rocky Mountain Elk Foundation. Boineau disclosed that he is the Manager of the Pines Homeowners Association, who requested Council reconsider development of a parking area to access the Blake Trail. Council agreed that they would entertain further discussions regarding this issue. Green stated that he would be willing to discuss the issue from a wildlife point of view. Item No. 3: LAND USE CODE REVISIONS Planning Department staff identified areas where amendments should occur within the current Land Use and Development Code language to clarify the intent or purpose of certain provisions, improve review processes with more efficient use of time spent or correct errors contained within the current text. Planning Director Chris Conrad discussed the chart, which provided options for an 02-17-03tc Page 3 of 10 application review process to be considered by Council. He requested Council identify their preferences and provide direction to staff. After a lengthy discussion, Council agreed to require the applicant to conduct an overview of the submission; conduct the joint meeting before all referrals are received; allow the option to hold additional joint meetings if deemed necessary; the Planning Commission should submit their recommendations incrementally as they complete review of each component or issue rather than waiting to present all recommendations when their review process has reached completion; allow the Planning Director to recommend that any non-conforming information or incomplete information requested during Sketch Plan review be referred back to the applicant for amendment or back to Sketch Plan Review if necessary; except for the issue of community purpose, should the PC desire to review any other area not assigned by Council, they may do so; and allow the applicant to submit a Sketch Plan amendment if deemed appropriate. Council discussed Land Use Code provisions that require approval by a vote of at least three-quarters of the Town Council Mmbers, provisions that require approval by a vote of at least two-thirds of the Council Members, and construction height limitations language within the Code that engage the requirements. After further discussion, Council requested time to further consider and discuss the issue of super-majority voting. Council also requested staff include Code citation language when stating a citation within a document, address the language pertaining to height limits, ridge-line development, sustainable development as it relates to the community as a whole, and address parking as mobility and parking i.e., to solve mobility issues. Item No. 4: EOTC MEETING AGENDA FOR 02-20-03 Manchester referred to the Elected Officials Transportation Committee (EOTC) upcoming Meeting agenda previously distributed to Council mailboxes. He requested that Council discuss items on the agenda before the upcoming EOTC meeting. Council discussed a request from the Roaring Fork Transportation Authority (RFTA) to assist with funding for the purchase of up to 7 diesel-electric buses. Cost for the buses would be approximately $200,000 each. Maintenance and other long-term costs for the buses have not been identified. The Town Manager suggested Council question what the trade-off would be in terms of items contained within the budget that would not be funded if the money were used to purchase the buses. Council requested a copy of the ballot language that originally approved the 1/2–cent Sales and Use Tax, for review before the upcoming EOTC Meeting. Mordkin stated that RFTA has proposed selling advertisement space on the interior and exterior of the buses. Manchester reported that the Aspen City Council voted 4 to 1 against the proposed advertising, which they stated would be in violation of their Sign Code. He also reported that the EOTC Board has requested RFTA staff develop a more specific proposal regarding the type and 02-17-03tc Page 4 of 10 size of advertising they would propose, income that would be generated from the advertising, and location of the advertising. This information will then be balanced against the amount of revenue projected for the advertising project. Manchester stated that he felt the Traffic Demand Management (TDM) to be a very important tool to preserve the quality of life in the valley. He also felt the scope of the RFP insufficient, as the implications are higher than what is currently assumed to cover future needs. Since the RFP has already been distributed, he suggested the Scope be expanded and the submission deadline be extended to allow applicants to include future needs as the valley grows and parking needs increase. Manchester stated that he would bring this issue to the table for discussion at the upcoming EOTC meeting. NOTE: Council took at 10-Minute break at this time and reconvened at 5:00 p.m. Item No. 5: PUBLIC NON-AGENDA ITEMS There were no Public Non-Agenda items. Item No. 6: FIRST READING – ORDINANCE NO. 04, SERIES OF 2003 CONSIDERATION AND FIRST READING OF AN ORDINANCE AMENDING THE 2003 BUDGET FOR THE GENERAL FUND AND THE ADDITION OF THE MARKETING AND SPECIAL EVENTS FUND Mercatoris made a motion to approve First Reading of Ordinance No. 04, Series of 2003, seconded by Virtue. Council requested that the language pertaining to the budget item indicating “consulting fees for the tram”, be changed to “consultant fees for the connector”. The Finance Director explained changes to the budget. She stated that after adoption by Resolution, any amendments made to the original budget must be made by Ordinance. She outlined changes to the 2003 General Fund budget, the 2003 Real Estate Transfer Tax Fund and the inclusion of the 2003 Marketing and Special Events Board budget, which was recently approved by that Board on January 30, 2003. Council discussed the MSEB Budget and requested that the Board provide them with more detailed budget information before expending any of the funds. Segrest informed Council that Chairman of the MSEB Bob Purvis, would be available at the March 3, 2003 Regular Town Council Meeting to discuss the budget with Council. After further discussion, First Reading of the Ordinance was approved by a vote of 5 in favor to 0 opposed. Item No. 7: CONSIDERATION TO TABLE FIRST READING FOR ORDINANCE NO. 1, SERIES OF 2003 AND PUBLIC HEARING AND DISCUSSION ON RESOLUTION NO. 5, SERIES OF 2003 CONSIDERATION TO TABLE FIRST READING ON ORDINANCE NO. 01, SERIES OF 2003, AND PUBLIC COMMENT AND 02-17-03tc Page 5 of 10 DISCUSSION ON RESOLUTION NO. 05, SERIES OF 2003, CONSIDERING THE SEVEN STAR FINAL PUD APPLICATION, INVOLVING: 1) A LAND TRADE 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 . (Tabled from 02-04-03) Senior Planner Jim Wahlstrom stated that the Public Hearing was closed at the February 3, 2003 Meeting, and the Ordinance and Resolution were tabled to this Meeting date. Town Manager Mike Segrest stated that he received a revised Annexation Agreement from the applicant, although some issues are still outstanding and staff has been unable to meet with the applicant to discuss the revisions. The applicant has requested that if approved by Council, the effective date be set to a specified future date, based on the status of pending issues. Applicant counsel explained a timeline for the process that would allow resolution of ongoing issues for the owners and finalization of required documents that would also allow finalization of land exchanges. Mordkin made a motion to table First Reading of Ordinance No. 1, Series of 2003, Resolution No. 5, Series of 2003 and First Reading of Ordinance No. 3, Series of 2003 to the March 3, 2003 Regular Town Council Meeting. Applicant’s counsel Paul Taddune requested that Council approve First Reading of the Ordinance, then the applicant would work with Town staff to address concerns within the Annexation Agreement before Second Reading. Town Council 02-17-03tc Page 6 of 10 assured the applicant’s representative that the Town Manager has been given the direction to work with the applicant on behalf of Council. Council requested more concrete documentation of the applicant’s proposal before acting on First Reading. Mayor Manchester outlined Council concerns and acceptable issues regarding the application and stated that Council is uncomfortable moving forward at this time without resolving issues that are contained in the Annexation Agreement. After further discussion, Mercatoris seconded the motion to table as made by Council Member Mordkin. The motion to table was approved by a vote of 5 in favor to 0 opposed. Since the road designs will need to be amended, Manchester requested that the applicant provide a firm road access design for Council to review at Second Reading. Mordkin stated that the motion to table was based upon the application not being final. The applicant’s attorney will meet with the Town Manager and Town Attorney within the upcoming week to finalize the Annexation Agreement. Item No. 8: CONSIDERATION TO TABLE FIRST READING - ORDINANCE NO. 3, SERIES OF 2003 CONSIDERATION TO TABLE 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, AND SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF THE TOWN COUNCIL This item was reviewed by Council during consideration of Item No. 7 on the Agenda for this Meeting. Item No. 9: FIRST READING – ORDINANCE NO. 02, SERIES OF 2003 FIRST READING OF ORDINANCE NO. 02, SERIES OF 2003 AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF THE MUNICIPAL CODE TO EFFECTUATE AN ADMINISTRATIVE DEPARTMENTAL REORGANIZATION Mercatoris made a motion to approve First Reading of Ordinance No. 02, Series of 2003, seconded by Mordkin. Mercatoris requested clarification on Section 8- 24. No Overnight Parking. Staff will review and provide clarification at Second Reading. Mordkin had some concerns that he will review with staff before Second Reading. There being no further discussion, First Reading of the Ordinance was approved by a vote of 5 in favor to 0 opposed. 02-17-03tc Page 7 of 10 Item No. 10: MANAGER’S REPORT Sales Tax Collection Town Manager Mike Segrest reported that when reviewing the Municipal Code, he determined that the Town has not been effectively collecting sales tax that is due on items such as construction materials that are delivered within the Town. He referred to a report provided to Council summarizing his findings and outlining his plan to collect the taxes. Segrest explained that he plans to meet with licensed contractors to explain the issue and receive their input on how to collect the taxes before proceeding. He stated that if Council does not agree with enforcement of the tax collection, Council would need to consider changing the language of the Municipal Code. Mayor Manchester requested that staff investigate cost for collection of the tax. After further discussion, Council directed the Town Manager to proceed with his plan for collection of the tax due. Rodeo RFP Segrest reported that seven people have picked up Requests for Proposals for operation of the upcoming summer’s Rodeo\Barbeque. He explained that applicants have stated concerns that selection of a contractor will be based in part on their ability to provide additional activities besides the Rodeo\barbeque. Although the RFP clarifies that additional activities are optional, he has reiterated the final selection will be based on an applicant’s ability to provide a high quality Rodeo\barbeque. Town Hall Lease Segrest reported that he has negotiated an extension to the Town’s office space lease with Coates, Reid and Waldron Property Management, Limited Partnership. The amendment extends the lease to June 1, 2004, with an option for a 6-month extension. Mayor Manchester explained that he has requested that staff identify alternative potential sites for construction of a Town Hall in an effort to be proactive and resolve long-term issues for the Town and community. As staff identifies the potential sites, Council will begin discussions with a goal to identify a site, funding and ballot language to be submitted to the Town’s electorate at an election in November, 2003. Segrest reported that he has met with representatives of the Snowmass Center redevelopment and requested that they consider the possibility of including space for a Town Hall in their plans for redevelopment on the Snowmass Center site. Expert Witness Segrest stated that he has been asked to serve as an Expert Witness and requested Council approval. The request would equate to approximately 2 or 3 days within the next year. Council approved the request. 02-17-03tc Page 8 of 10 Item No. 11: APPROVAL OF MEETING MINUTES FOR 01-13-03 AND 01-22- 03 Mercatoris made a motion to approve the Minutes as listed above, seconded by Virtue. Mordkin requested that in the Minutes of January 13, 2003, Page 3, under Item No. 4, Entryway Master Plan RFQ Discussion, second paragraph, the last sentence be amended to read “Mercatoris requested consideration that a Town Hall structure be included in the plans for this area.” There being no further additions or corrections, the Minutes were approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 12: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/CALENDARS Trail Closures Discussion Mercatoris requested Council discussion to revisit closure of the Blake and Powerline Trails. In February of 2001, Council requested that closure dates on the two Trails be lifted. Summer Concert Series – Trash Collection Mercatoris stated that the Snowmass Community Fund received a bill for trash collection for the free Summer Concert Series on Fanny Hill, and requested that the Town waive the fees as an in-kind service. Council agreed. RFTA Representatives In response to an inquiry and request for Council input regarding Mordkin as a voting representative on the Roaring Fork Transportation Authority (RFTA) Board and Boineau as Alternate, Council stated that they did not have a preference regarding voting structure and determined that the decision should made by the RFTA Board. Connector Discussions Segrest reported that staff has been looking at a preliminary evaluation of feasible alternatives to create a connector, as seamless as possible, between the Snowmass Center and the Mall, as well as alternative technology in case the connector proposed by the applicants does not work. He stated that the goal is to obtain enough credible expertise, advice and knowledge for Town staff to discuss the issue with the applicants in an attempt to create a seamless connector, including cost sharing, partnership identification, etc. Senate Bill 154 Manchester requested that SB154 be monitored closely. He explained that the proposed Bill would affect the community’s inability to restrict resale pricing on employee housing. He provided an update on the status of the Bill and requested that Council send a letter of opposition when the Bill goes to the floor for consideration. 02-17-03tc Page 9 of 10 “Big Air Event” Manchester reported that the “Big Air” events held on Thursday afternoons have been a success. He stated that the event is drawing a substantial group of spectators and he has received positive comments about the event from visitors. Planning Commission’s Review of Snowmass Center Preliminary Plan - Discussion Senior Planner Carolyn Poissant requested further direction from Council regarding the process and their expectations of the Planning Commission as they review development plans during the Preliminary Review process. Town Manager Segrest explained that the Planning Commission has begun their review of the Snowmass Center Redevelopment Preliminary Plan following the Joint Town Council and Planning Commission Meeting, at which time the applicant provided an overview of the proposed project. At a Regular Meeting in February, Council discussed Council’s expectations and Planning Commission’s role during the Preliminary Review process. Mercatoris clarified that this discussion is not one of the Snowmass Center Plan, but related to Planning Commission’s role as they review all Preliminary Review process submissions. Poissant provided Council with an update of the Planning Commission’s review of the development proposal. Council discussed the process and stated that the Planning Commission is obligated to review the application as presented by the applicant and develop recommendations to Council based on the applicant’s development plan as presented. Council emphasized that it is not the responsibility of the Planning Commission to request changes or amendments from the applicant. Manchester stated that it does not seem particularly valuable for the Commission to try to negotiate a particular solution for issues. After the Planning Commission reviews the application and provides recommendations to Council, Council will then, during Council’s review of the application, request amendments, changes, verifications or additional information from the applicant as deemed appropriate for their consideration of the application. In case Council finds it necessary to consider a variance for the development, Manchester requested recommendations from the Planning Commission regarding architecture, height, mass and scale based on the appropriate criteria. When issues arise that are not in compliance with the Code, they should be provided to Council for their review. Poissant requested further clarification regarding which issues Planning Commission should address and which should be addressed by Council regarding variance and mitigation issues. Council confirmed that when Planning Commission identifies that a variance is necessary, the variance issue should be addressed by Council. Poissant requested Council identify issues they wish in-depth review by the Planning Commission. Manchester requested that staff consider a means to 02-17-03tc Page 10 of 10 communicate Council’s direction specifically and clearly to the Planning Commission on how general or in-depth they should review issues related to a development submission, upon completion of the Joint Meeting. Item No. 13: ADJOURNMENT There being no further business, Virtue made a motion to adjourn the Meeting. Mercatoris seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 6:46 p.m. Submitted By, ____________________ Trudi Worline, Town Clerk