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03-03-03 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MARCH 3, 2003 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, March 3, 2003 at 2:00 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue, Bill Boineau and Arnold Mordkin 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; Marianne Rakowski, Finance Director; David Peckler, Transportation Director; Steve Connor, Town Attorney; Jim Wahlstrom, Senior Planner; Carolyn Poissant, Senior Planner; Andrea Reece, Public Works Secretary; Rhonda Coxon, Deputy Town Clerk; Dean Gordon, Town Engineer; Julie Lindt, Town Clerk Secretary; Donna J. Garcia- Spaulding, Second Deputy Town Clerk and Trudi Worline, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Mary Beth Bassett, Mary Lou Farrell, Dan Alpert, Lynda Palevsky, Mel Blumenthal, Jack Hatfield, Paul Shepherd, Paul Taddune, Joe Wells, Bob Purvis and other members of the public interested in the Agenda items for this Meeting. DISCUSSION AGENDA Item No. 2: CGRB RECOMMENDATIONS Town Manager Mike Segrest outlined the Citizen’s Grant Review Board (CGRB) recommendations and commended the Board for the work they have done during this year of transitioning to new Policy. Chair of the CGRB Mary Beth Bassett, explained how the Board determined which organizations would receive the varying grant amounts. 03-03-03tc Page 2 of 9 In response to an inquiry by Mayor Manchester, Bassett stated that the Little Red Schoolhouse recommendation of $9,800 does not include the “In-kind” bus service. Council stated that they felt appropriation of more grant funds for the Charitable and Human Services was appropriate. Council Member Mercatoris requested that the Board and staff contact the Cultural Arts Organizations next year and invite them to use the Fanny Hill stage for some of their demonstrations. Town Council commended the Board for their volunteer time and efforts. There being no further discussion, Council Member Boineau made a motion to accept the CGRB’s recommendations and requested that staff prepare a resolution approving the grants at the Regular Council Meeting scheduled for March 17, 2003. Council Member Virtue seconded the motion. The motion was approved by a vote of 5 in favor and 0 opposed. Item No. 3: PARKING/TRANSPORTATION MANAGEMENT PLAN Transportation Director David Peckler provided Council with an overview of the core issues and explained that the Town and Aspen Skiing Company (ASC) have a Parking Management Plan that needs to evolve with any land-use changes and community projects. He referred to the Parking Plan submitted in the packet of information provided for this Meeting and provided Council with data of Day Skier and Base Village parking information including reasonable capacity of parking lots and data relating to high season car count during the winter of 2002\2003. Peckler stated that the Traffic Demand Management (TDM) plans for the immediate future is to continue increasing permit prices and controlling the permit access to specific lots. He further explained that this would still be done through an agreement between the Town and the Aspen Skiing Company (ASC) and that the goal continues to be to distribute parking throughout the community, provide “equal” access to the ski area and reduce vehicle traffic in the Town core. Council stated that they are opposed to raising resident parking permit fees and requested that parking plans include sufficient parking for guests, day customers for retail and restaurants, structured parking in the lower numbered lots that can serve both Base Village and the existing area, and that high priority be given for local residents. Peckler reported that Saturday, March 1, 2003 was one of the biggest powder days in Snowmass Village with a turn-out of approximately 1500-day skiers, 540 cars parked in Lots A - C, 430 cars parked at Two Creeks, 470 cars parked at the Rodeo lot location and transit ridership was 6,400. In light of future development that would impact our road systems and increase peak hour travel demands and requirements, Council discussed a series of questions posed by the Transportation Director. Council concurred that the Comprehensive Plan recommendations need to be taken into consideration, leaving options open for configuration for future parking; a limited amount of day skier parking and employee 03-03-03tc Page 3 of 9 parking should be included at the Highway 82 Intercept lot; requested that staff include the parking lot at Two Creeks and stated that it would not be appropriate to request residents to park at the Highway 82 lot; noted their desire for an acceptable quality experience regarding both the roadway and parking; future potential uses for the Rodeo grounds area will require that the parking lot footprint not increase and may need to be reduced from its current size. Due to time constraints, Council requested a future discussion relating to whether all transit services and routes would continue to go to the upper Mall after proposed developments are constructed. Mayor Manchester stated that at the last EOTC Meeting, it was requested that the Town investigate off-site parking spaces for employee housing, and suggested parking at the Rodeo lot or at the bottom of Brush Creek Road. Council requested that staff conduct a parking analysis at the Rodeo site and report findings during a meeting in the near future. Item No. 4: TOSV TRAFFIC STANDARD REVIEW Public Works Director Hunt Walker requested Council direction relating the Town’s Level of Service (LOS) “C” Standard and whether it should be maintained or revised. He also requested direction regarding the 4-legged versus the 5-legged roundabout options proposed for the Wood Road\Brush Creek Road Intersection. Walker discussed Code requirements that require a LOS “C” or higher standard. He stated that both the Comprehensive Plan and the Brush Creek Corridor Transportation Study (BCCTS) further define the LOS “C” Standard and suggested action in the Transportation Demand Management (TDM) to reduce the number of automobile trips in the Town core. Walker referred to exhibits which depicted aerial views of both the 4-legged and 5- legged Roundabouts, and a description of LOS values. Council and staff discussed a 4-lane versus a 2-lane bridge for Wood Road, shading effects relating to environmental impacts to the riparian and use of a Traffic Control Officer during peak hours versus a 3-way stop. After further discussion, Council requested that the Town Manager submit the 404 Application with the 4-legged Roundabout. Town Engineer Dean Gordon and Intrawest representative Paul Shepherd described the Roundabout options and their affects to the surrounding area and traffic. Local resident Jack Hatfield stated opposition to use of traffic lights within Snowmass Village, emphasizing that this is a critical decision because it affects both the quality of life and the guest experience. After further discussion, Council stated their opposition to the 5-legged Roundabout and traffic lights within the Town. Council requested plans be revised to decrease the amount of asphalt proposed, further discussions relating to the LOS and requested that 03-03-03tc Page 4 of 9 staff either e-mail or call them so that they can physically observe traffic during peak hours in an effort to see exactly how many cars are involved in the traffic flow. NOTE: Council took a 10-minute break and resumed the Regular Meeting at 5:00 p.m. Item No. 5: PUBLIC NON-AGENDA ITEMS There were no Public Non-Agenda items. Item No. 6: SECOND READING – ORDINANCE NO. 04, SERIES OF 2003 SECOND READING CONSIDERATION OF AN ORDINANCE AMENDING THE 2003 BUDGET FOR THE GENERAL FUND AND THE ADDITION OF THE MARKETING AND SPECIAL EVENTS FUND Boineau made a motion to approve Second Reading of Ordinance No. 04, Series of 2003. Town Manager Segrest outlined the contents of the Ordinance and explained changes made to the attachment per Council’s request at First Reading. He stated the law requires amendments to the budget be made by Ordinance. Amendments affected the General Fund, the Real Estate Transfer Tax Fund (RETT) and the Marketing and Special Events (MSEB) Funds. Segrest explained that monies appropriated for the Marketing Board have not been broken down into categories and expenditures. He further explained that due to the immediacies of the work at hand, the MSEB has requested approval to expend $100,000 out of the total budget amount in order to meet their current requirements before the budget breakdown is brought to Council for review and approval. He explained that language to approve the expenditure is not a part of the Ordinance, although approval of the Ordinance will allow expenditure of the funds. Approval of the expenditure could be made by vote or by Council direction to staff. Chairman of the MSEB Bob Purvis, explained that expenditure of the $100,000 would be directed at the discretion of the Board without returning to Council for approval. If the Board identifies a need to make expenditures beyond the $100,000, they would appear before Council for prior approval. Council identified their preference in format of the MSEB budget when it is brought to Council for consideration. After further discussion, Mercatoris seconded the motion to approve Second Reading of the Ordinance. A roll-call vote was taken, and Second Reading of the Ordinance was approved by a vote of 5 in favor to 0 opposed. Mordkin made a motion to direct staff to allow the MSEB to expend up to and including $100,000 of the budgeted amount without returning to Council for further authorization. Thereafter, a more complete budget is to be presented to Council for authorization before any more of the $1.5M can be spent. Mercatoris seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 03-03-03tc Page 5 of 9 Mercatoris stated that the Town has increased the amount to be expended on replacement and upgrade for the ballfield area to $100,000. Purvis updated Council on the efforts being made by MSEB, partnering with ASC, SAS, and other organizations, as a partner for end of the season marketing for Snowmass Village. In response to an inquiry made by Mayor Manchester, the Finance Director reported that 2002 Sales Tax was down 1.69-percent from 2001 actual. December of 2002 Sales Tax increased by 7.63-percent. Pitkin County Sales Tax was down 5.5-percent for the year 2002 and RETT in 2002 was higher than the amount anticipated. The total amount collected on Excise Tax to date was approximately 2.5M. Item No. 7: FIRST READING - ORDINANCE NO. 1, SERIES OF 2003 - AND - PUBLIC HEARING AND DISCUSSION ON RESOLUTION NO. 5, SERIES OF 2003 FIRST READING CONSIDERATION OF 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 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 02-17-03) Segrest reported that he has met with the applicants several times in an effort to address issues related to the Annexation Agreement. Although some progress has 03-03-03tc Page 6 of 9 been made, issues are still outstanding including design issues related to the road access. The applicant has requested that their application be considered as complete, which triggers the 30-day requirement for the Town to act on a final decision, and that this item be tabled until March 17, 2003 Regular Town Council Meeting at which time the applicant will present a completed application and Final Annexation Agreement to Council. If the documents are approved by Council at the March 17 Meeting, Second Reading of the Ordinance could then take place at the March 24, 2003 Meeting, and would fulfill the 30-day requirement for Final Approval. Mercatoris made a motion to approve First Reading of Ordinance No. 01, Series of 2003, seconded by Mordkin. After further discussion, Mercatoris made a motion to table action on First Reading of Ordinance No. 01, Series of 2003, and the Public Hearing and discussion on Resolution No. 5, Series of 2003 to the March 17, 2003 Regular Town Council Meeting. Mordkin seconded the motion. The motion to table was approved by a vote of 5 in favor to 0 opposed. Item No. 8: FIRST READING - ORDINANCE NO. 03, SERIES OF 2003 FIRST READING 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 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 Applicant counsel Paul Taddune reported that the applicant has submitted a final Annexation Agreement, which is being revised to address concerns expressed by the Town Manager as representative to Town Council. Mordkin made a motion to table First Reading of Ordinance No. 03, Series of 2003 to the March 17, 2003 Regular Town Council Meeting, seconded by Mercatoris. The motion to table was approved by a vote of 5 in favor to 0 opposed. Item No. 9: SECOND READING – ORDINANCE NO. 02, SERIES OF 2003 SECOND READING AND CONSIDERATION OF AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF THE MUNICIPAL CODE TO EFFECTUATE AN ADMINISTRATIVE DEPARTMENTAL REORGANIZATION Mordkin made a motion to approve Second Reading of Ordinance No. 02, Series of 2003, seconded by Mercatoris. The Town Attorney stated that this Agenda item was tabled from the February 17, 2003 Regular Council Meeting. There being no further discussion, a roll-call vote was taken and the Ordinance was approved by a vote of 5 in favor to 0 opposed. 03-03-03tc Page 7 of 9 Item No. 10: MANAGER’S REPORT Entryway RFQ Segrest reported that a meeting held regarding the Entryway Request for Qualifications (RFQ) was well attended and productive. In response to an inquiry regarding Council involvement in the selection process, Council requested that staff provide two or three finalists for Council to review and consider. The RFQ outlined the Town’s conceptual ideas for development of the Entryway and the final chosen team will be asked to expand on the Town’s ideas, work with the Town, provide additional ideas, evolve the needs and desires for the area and come to a decision and outline a design program for Sketch Plan application submission. The second phase will include a presentation of all ideas and public comment. Rodeo Request for Proposals (RFP) Segrest reported that the Town has received proposals from Rim Rock Rodeo Company and Snowmass Village Community Rodeo, in response an RFP for the Summer Rodeo operation. Council decided that there was no need to develop a Selection Committee since there were only two applicants involved. Mayor Manchester suggested that Council hold an Executive Session at the next Council Meeting to discuss the applications and proposals, to be followed by a public discussion of the scope of the proposals. As one of the applicants and the primary representative of the Snowmass Village Community Rodeo, Council Member Mordkin recused himself from the discussion and stepped down from the Council table. Council requested that the Executive Session be held at the March 10, 2003 Regular Council Meeting to discuss the two proposals. Item No. 10: RESOLUTION NO. 11, SERIES OF 2003 A RESOLUTION AUTHORIZING ARNOLD P. MORDKIN, A MEMBER OF THE SNOWMASS VILLAGE TOWN COUNCIL, TO REPRESENT THE SNOWMASS VILLAGE COMMUNITY RODEO, A COLORADO NONPROFIT CORPORATION, ON MATTERS BEFORE THE TOWN Mordkin explained that this Resolution is in response to a request he made of the Town Attorney and is for Council consideration at this Meeting. Approval by Council would allow him to appear before Council as primary representative on behalf of the Snowmass Village Community Rodeo. Mordkin recused himself and stepped down from the Council table. Madeleine Osberger of the Snowmass Sun objected to the Executive Session requested by Council to discuss the proposals. Mayor Manchester explained that it would be necessary to hold an Executive Session to discuss the two proposals, which could include fees, lease agreements involved, etc., in order to avoid placing the applicants at a disadvantage and compromising their positions. Council determined that a discussion for the public would be held at the March 17, 2003 Regular Council Meeting. Council discussed potential community concerns if the Resolution were approved or denied. Boineau made a motion to approve Resolution 03-03-03tc Page 8 of 9 No. 11, Series of 2003, seconded by Mercatoris. The Town Attorney provided advice to Council. After further discussion, Boineau amended his motion to include language to fill in the blank space in the Resolution under 2. Duration of Approval, by inserting a date of March 28, 2003. Mercatoris accepted the amendment as second to the motion. Mayor Manchester called the question and the Resolution was approved as amended, by a vote of 3 in favor to 1 opposed. Council Members Mercatoris, Boineau and Virtue voted in favor. Mayor Manchester opposed. Council Member Mordkin abstained. Segrest will provide copies of the proposals to Mercatoris for review and comment. Mordkin returned to the Council table. Item No. 11: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/CALENDARS Elected Officials Transportation Committee (EOTC) Segrest reported that the EOTC meeting has been rescheduled to April 28, 2003. Council stated their concerns that Snowmass Village may not have a quorum in attendance. Segrest will contact the EOTC representative to determine if an alternate date may be possible and report back to Council. Former Citizen and Editor\Fox News Reporter While recently watching television news reports, Virtue stated that Carolyn Sackariason, former Editor of the Snowmass Village Sun, reported on a missing person investigation on Fox News Network. MSEB Social In response to a statement made by Virtue, Council discussed public perception and ethics related to an invitation they received from the MSEB to attend an upcoming Social that is being held for applicants of the MSEB Director position. Council consensus was that there would be no undue influence by Council if they attended the social event. Snowmass Sun Congrats Mordkin stated congratulations to Madeleine Osberger for an award recently received by the Snowmass Sun from the Colorado Press Association for editorials. RTA Retreat Boineau reported that a Roaring Fork Transportation Authority (RFTA) Rural Transportation Authority (RTA) Retreat was held on Thursday, February 27, 2003. The topic was on Policy Governance and how Boards interact with staff. Boineau and Manchester stated that the information was well received and consideration was given to extending future Retreats on this topic to a three-day event. Mayor Manchester will provide written information to Council Members. AT&T Cable Increase 03-03-03tc Page 9 of 9 Manchester informed Council that he recently received a letter from AT&T, a notification of a rate increase on cable modems. Boineau explained that this is a nation-wide increase made by Comquest, who recently merged with AT&T. The increase is $10.00 for those who are not current members of the cable television system. The Town Attorney explained the contents of the Franchise Agreement whereby there is no regulatory position for Council to influence price increasing, although there is nothing that precludes Council from expressing their concern to the cable provider. Item No. 12: ADJOURNMENT There being no further business, Mercatoris 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 6:35 p.m. Submitted By: ______________________ Donna J. Garcia-Spaulding, Second Deputy Town Clerk - AND - _____________________ Trudi Worline, Town Clerk