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05-05-03 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MAY 5, 2003 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, May 5, 2003 at 2:04 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Richard Virtue, Bill Boineau Council Member Mordkin arrived at 2:10 p.m. COUNCIL MEMBERS ABSENT: Douglas Mercatoris STAFF PRESENT: Mike Segrest, Town Manager; Hunt Walker, Public Works Director; David Peckler, Transportation Director; Carey Shanks, Economic Resources Director; Carolyn Poissant, Senior Planner; Susan Hamley, Marketing Director; Julie Lindt, Secretary; Trudi Worline, Town Clerk PUBLIC PRESENT: Cameron Baker, Brad Manosevitz, Suzanne Richmond, John Dresser, Jeff Tippett, Madeleine Osberger, Mel Blumenthal, Ted Grenda, Richard Shaw, Dave Rybeck, Judy Burwell, Gary Suiter, Mary Brown, Brent Gardner Smith, Paul Shepherd, Dan Guimond, Mark Stout and other members of the public interested in Agenda items for this Meeting. Item No. 2: SNOWMASS CENTER REDEVELOPMENT PRELIMINARY PUD Senior Planner Carolyn Poissant outlined highlights for discussion that concerned HOT Beds, parking and transportation. She reported that she was able to research the Timbers’ occupancy from November 2002 thru April 2003, although did not obtain numbers for October of 2002. Manchester requested that staff meet with the Timbers representative to obtain the October numbers as well as their occupancy predictions for May and June of 2003, and that staff create a representation for occupancy and product based on annualized data. 05-05-03tc Page 2 of 8 Council requested that staff provide a comparison of the square footage of existing units, with that proposed for this development, obtain occupancy numbers from Batchelor Gulch and research occupancy based on a renters/owners comparison. Mayor Manchester requested further discussion regarding HOT beds at the next Council Meeting. Poissant outlined parking discussion topics including parking proposed for restricted housing, the Residential Club and the possibility of expanding the parking deck, explained recent changes made by the applicant, and provided staff recommendations. Mayor Manchester opened the Public Hearing at 4:00 p.m. Citizen John Dresser stated a concern that parking assumptions are based on properties that are not located in the core and requested that Council consider the parking effect from those properties on the overall parking operation if there is insufficient employee and guest parking provided. There being no further comment from the public, at 4:15 p.m. Mayor Manchester stated that this Public Hearing would to be continued to the May 19, 2003 Regular Council Meeting. Item No. 3: VILLAGE WIDE ECONOMIC VIABILITY Economic Resources Director Carey Shanks introduced Dan Guimond of Economic Planning Systems, who provided highlights of recent comparative sensitivity analysis. Shanks stated that per Council request at a previous Meeting, staff was requested to compare gross sales data information included in an analysis provided by Intrawest and the Development Consulting Group (DCG) to data requested of staff by Council, such as occupancy, gross sales and retention capture. He requested Council review the analysis and provide direction to staff. Town Manager Mike Segrest emphasized that the purpose of this exercise and discussion was intended to create an understanding of the Town’s future under various scenarios. Guimond outlined the various DCG forecasts which included projections based on retail square footage, the capture of overnight visitor expenditures, occupancy on overnight lodging space and capture of retail sales. Citizen Mary Brown stated a concern that the number provided for average square footage sales was inaccurate because data relating to available or vacant retail space data was not taken into consideration. Guimond explained that many variables could affect the outcome of the data. Mayor Manchester requested that staff continue review of the data for accuracy. Item No. 4: 5 YEAR CAPITAL IMPROVEMENT PLAN (CIP) Town Manager Mike Segrest outlined the information provided and requested direction from Council. He mentioned that the Town has prepared plans and acquired funding for such projects as employee housing, a swimming pool, 05-05-03tc Page 3 of 8 enhancement of landscaping projects and road/ transportation improvements. He emphasized that the reason for developing a five-year was to allocate these funds and identify the projects that require additional funding. Mayor Manchester stated that he is a huge supporter of signage and trails. Council voiced their concern that the monies allotted for certain projects, based on the chart provided, would need to be adjusted. Segrest outlined the improvement projects for a bus stop, transportation, development of the Entryway, parking and Commercial Core improvements and stated that staff would further review the budget to determine funding options and sufficient plans to proceed with this discussion at a future Meeting. Item No. 5: PUBLIC NON-AGENDA ITEMS There were no Public Non-Agenda items. Item No. 6: RESOLUTION NO. 18, SERIES OF 2003 CONSIDERATION OF A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO THE PRE-ANNEXATION AGREEMENT FOR COUGAR CANYON SUBDIVISION AND COZY POINT SUBDIVISION Virtue made a motion to approve Resolution No. 18, Series of 2003, seconded by Mordkin. Town Manager Segrest explained that this application requests annexation of 5 lots in Cougar Canyon and 3 lots in Cozy Point. He stated that the applicant does not plan to develop the area in the near future and that the Pre-Annexation Agreement does not obligate the Town to annex the property, it is non-binding, can be nullified at any time during the simultaneous land use review and annexation process and merely provides for the obligations of both parties if the application is approved. Segrest explained that staff has negotiated a substantial increase in the guaranteed financial consideration from $1,250,000 to $2,160,000 through prepayment of impact fees, to be paid in 12 installments over 11 years, and which can be used to increase the square footage of houses to a size comparable to that allowed in the County prior to downzoning of Cozy Point in 2000. Dave Myler, applicant representative, outlined the areas of discussion on a map and explained the proposal for annexation property consisting of approximately 11,050 acres with 10 approved sub-divided lots, 5 of which are located within Cougar Canyon and 5 within Cozy Point Ridge. The lots range in size from 43 acres to 160 acres. He provided the history of the area and stated that each lot has been approved through Pitkin County review processes, resulting in approval for a single-family residence with accessory buildings on each lot. He requested certainty of long-term vesting, 30-years vested rights for the rights previously approved. 05-05-03tc Page 4 of 8 Council discussed vested rights, allowable square footage of structures and the number of structures per lot. There being no further discussion, the Resolution was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was absent. Item No. 7 : RESOLUTION NO. 19, SERIES OF 2003 CONSIDERATION OF A RESOLUTION APPROVING THE TOWN OF SNOWMASS VILLAGE/ROARING FORK TRANSPORTATION AUTHORITY TRANSIT SERVICE AGREEMENT Mordkin made a motion to approve Resolution No. 19, Series of 2003, seconded by Boineau. Transportation Director David Peckler explained the Service Agreement. After further discussion, the Resolution was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was absent. Item No. 8: RECONSIDERATION OF TABLING AND FIRST READING – ORDINANCE NO. 07, SERIES OF 2003 RECONSIDERATION OF TABLING AND FIRST READING OF AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF CHAPTER 16A OF THE MUNICIPAL CODE PERTAINING TO THE PRELIMINARY PUD REVIEW PROCESS . Boineau made a motion to reconsider tabling First Reading of this Ordinance to June 2, 2003, which occurred at the April 21, 2003 Regular Town Council Meeting. Mordkin seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Virtue made a motion to approve First Reading of Ordinance No. 07, Series of 2003, seconded by Boineau. Mordkin explained that this Ordinance has been changed to allow Council consideration on the Planning Commission process as it relates to application reviews. All other issues contained in the previous presentations of this Ordinance have been stricken. Mayor Manchester explained that the items stricken from this Ordinance would be provided in a separate Ordinance and reviewed by Council at a future Council Meeting. Mayor Manchester distributed a separate copy of the Ordinance containing proposed revisions to the language referring to the Council and Planning Commission review process for Land Use applications. He reported that this process was discussed by both boards at a Council/Planning Commission Retreat earlier this year. Manchester and Mordkin explained the changes. Council discussed the proposed language, which would allow the Planning Commission to review and submit recommendations to Council on an incremental basis, rather than waiting until after they completed their review of the entire application submission. Mordkin made a motion to amend the Ordinance as presented at this Meeting. Virtue seconded the motion to amend. The motion to amend was approved by a vote of 4 in favor to 0 opposed. The 05-05-03tc Page 5 of 8 motion to approve Ordinance No. 07 as amended, was approved by a vote of 4 in favor to 0 opposed. Mercatoris was absent. Jeff Tippett stated a concern that the new process may shorten the time allotted to receive public comments, which would not be in the best interest of the public. He also stated a concern that the new process may place time constraints on staff and limit time for public comment. Mayor Manchester stated that the new process would provide more opportunity for public comment within a shorter time period. In response to a concern from Tippett regarding time constraints, Manchester stated that there are no time limits for application reviews. Town Manager Segrest outlined the process and Council’s next steps. In response to a concern stated by Mary Brown, Manchester stated that the Planning Commission would not be restricted to review of specific issues, but when Council requests a recommendation on a specific topic, they are encouraged to review all related and impactive issues that may be connected to the topic within the application before making a recommendation. He also explained that the Planning Commission does have final authority on some Land Use Code decisions, although can only make recommendations on PUD applications, and that knowledge of Council thought processes on certain topics may be beneficial to the Planning Commission during their review of an application. Mordkin explained that Council’s goal is to create a more efficient process by eliminating the long, drawn out and redundant review processes that have occurred in the past. He also stated that it is Council’s responsibility to consider Planning Commission recommendations seriously as a source of additional information and an aid for making a final decision. Don Schuster commented on the pros and cons of the proposed process. In response to an inquiry made by Gary Suiter, Manchester stated that the portions of the Land Use Code struck from Ordinance No. 07, Series of 2003 would be brought to Council for review in a separate Ordinance form, in June or July, 2003. Virtue made a motion to reconsider the continuance of the Public Hearing, seconded by Boineau. The motion to reconsider was approved by a vote of 4 in favor to 0 opposed. Mordkin made a motion to open the Public Hearing, seconded by Virtue. The motion was approved by a vote of 4 in favor to 0 opposed. Virtue made a motion to continue the Public Hearing to the May 19, 2003 Regular Town Council Meeting scheduled to begin at 2:00 p.m. Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was absent. Item No. 9: MANAGER’S REPORT Skateboard Park Safety Issues Segrest reported that staff has been monitoring safety related issues at the Skateboard Park. Users have been in compliance with safety rules. 05-05-03tc Page 6 of 8 Numbered Parking Lots – Survey Segrest reported that a survey conducted on the parking lots across from the upper Mall indicated that there is sufficient parking capacity for Mall evening dinner guests. Council requested that staff continue to monitor the situation during the evening hours. Technology and Efficiency Fund Segrest stated that he has approved a staff request for funding from the Technology and Efficiency Fund from the Shop Division of the public works Department. The request is for $19,000 for a Shear Press that will improve overall quality and speed of construction of numerous fabrication projects performed each year by that Department. The return on investment is anticipated to be 2.1 years by decreasing the amount of mechanic time required to complete these projects. Brush Creek Field Guide Segrest explained that he has received a request for $15,115 for completion of the Brush Creek Field Guide. The current budget for this project is $54, 650 and is funded from the Wildlife Mitigation Fund. The revised cost for the guide is $69,765. Costs are to be recovered from sale of the guides. Mordkin made a motion to approve up to $20,000 in additional funding for completion of the document. Virtue seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was absent. Item No. 10: APPROVAL OF MEETING MINUTES FOR 04-07-03 Mordkin made a motion to approve the Meeting Minutes of April 7, 2003. Virtue seconded the motion. There being no additions or corrections, the Minutes were approved by a vote of 4 in favor to 0 opposed. Council Member Mercatoris was absent. Item No. 11: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/CALENDARS Season Skier Numbers Virtue reported that skier numbers for Beaver Creek, Aspen and Snowmass Village were up for the past season. Other area resort skier numbers were down. Owl Creek Road Failure In response to an inquiry made by Boineau, Public Works Director Hunt Walker stated that he has signed a contract for repairs to stabilize the section of Owl Creek Road where road failure was caused by construction on the Snowmass Club Golf Course. Aspen Skiing Company will then make final repairs to the area of failure. 05-05-03tc Page 7 of 8 Road Repairs Boineau stated that he has pictures of several road failure areas at the Pines and requested that these areas be repaired along with the annual Town road repairs. Tom Blake Trail Parking Mordkin requested a Council Meeting Agenda time be set aside to discuss and identify parking for Tom Blake trail users. Policy Governance Workshop Manchester stated that a Policy Governance Workshop is scheduled in th Carbondale on Monday, May 12 at 8:30 a.m. He encouraged Town Boards, staff and Council Members to attend. Item Update for Viewing Audience Mayor Manchester requested that staff provide a brief verbal summary on background information of Agenda items at Council Meetings for the benefit of the television view audience. Community Picnic th Boineau inquired if the Town Budget includes funding for the July 4 Community Picnic and fireworks display. Staff will investigate and provide Boineau with the information. Joint Council\BOCC Meeting Segrest stated that Council would attend a Joint Meeting with the Pitkin County Commissioners Thursday, June 12, 2003 at 4:00 p.m. Topics for discussion will be the proposed Holy Cross Transmission Line and Base Village. Marketing & Special Events Director Segrest introduced Susan Hamley as the new Marketing and Special Events Director for the Town. Council welcomed Ms. Hamley to the organization. Item No. 12: ADJOURNMENT There being no further business, Mayor Manchester adjourned the Meeting at 7:36 p.m. These minutes were approved at the June 2, 2003 Regular Meeting of the Town Council of the Town of Snowmass Village with a motion made by Council Member Boineau, seconded by Council Member Virtue by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. 05-05-03tc Page 8 of 8 Submitted By, __________________________ Julie Lindt, Town Clerk Secretary & __________________________ Trudi Worline, Town Clerk