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06-30-03 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES JUNE 30, 2003 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, June 30, 2003 at 2:07 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue, and Bill Boineau Arnold Mordkin arrived at 2:55 p.m. COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Mike Segrest, Town Manager; Carey Shanks, Economic Resources Director; David Peckler, Transportation Director; Chris Conrad, Planning Director; Steve Connor, Town Attorney; Jim Wahlstrom, Senior Planner; Carolyn Poissant, Senior Planner; Hunt Walker, Public Works Director; Art Smythe, Chief of Police; Nick Tucker, Multi Media Specialist; Trudi Worline, Town Clerk; Donna J. Garcia-Spaulding, Second Deputy Town Clerk PUBLIC PRESENT: Catherine Lutz, Jeff Tippett, Richard Shaw, Suzanne Richardson, Ted Grenda, Jim Hooker, Nick Coates, Dale Eubank, Paul Taddune, Joe Wells, Jim Horowitz, Jack Hatfield and other members of the public interested in Agenda items for this Meeting. Item No. 2: CONTINUATION OF PUBLIC HEARING AND DISCUSSION – SNOWMASS CENTER REDEVELOPMENT PRELIMINARY PUD Mayor Manchester opened the Public Hearing at 2:15 p.m. Senior Planner Carolyn Poissant outlined core issues for discussion for this Meeting with the goal of resolving any outstanding concerns to facilitate staff’s preparation of a draft resolution. Poissant requested clarification on variation requests requiring community purposes, community purposes for PUDs and variation requests not requiring community purposes. Poissant stated that the Development agreement would be provided for discussion at the next Council Meeting. Council discussed an outline summary of community purpose commitments and values submitted by applicant representative Richard Shaw. Variation Requests Requiring Community Purpose\Community Purposes for PUDs 06-30-03tc Page 2 of 9 Council stated that mixed-use project should not be included on the list. Council requested that the Town Manager investigate who owns the property adjacent to Parcel G and report findings to them during a meeting in the near future, that staff include the legal nexus’ for the variations in a resolution and include Council’s views of the overall project, that the Applicant work with staff and clarify which Parcels would fall under the removal of deed restrictions. Mayor Manchester stated that vehicular access easement to the existing Conoco Parcel includes the Draw sites and requested that the Town be added to the owner access easement. Shaw stated that the applicant would grant access to the Town, Alpine Bank and the Conoco and explained that if the Conoco were to redevelop that site, they would be obligated to secure an easement from the Snowmass Center for additional land use. NOTE: Council took a 5-minute break. Variation Requests NOT Requiring Community Purposes Council requested that staff and the Applicant implement language during Final submission that includes Town Code requirements regarding exceeding construction on 30-percent slopes. Mayor Manchester clarified that a reduction of required parking requires a finding that the proposed shared parking plan is acceptable. Council Member Boineau requested that the 1.25 spaces per bedroom be changed to 1.5 spaces per bedroom. Council member Mordkin requested that staff’s illustration of valet services associated with buildings G, J, K, and L be included as a part of the record. After further discussion, Mayor Manchester stated that the Public Hearing for this item would be continued to the July 14, 2003 Regular Town Council Meeting. NOTE: Council took a 10-minute break and reconvened the Regular Meeting at 4:25 p.m. Item No. 4: PUBLIC NON-AGENDA ITEMS Resident and former Mayor Jim Hooker commended Town staff for maintaining the landscaping throughout the Village. Item No. 3: PARKING PERMIT PLAN AND AGREEMENT Transportation Director David Peckler requested that Council review the Parking Agreement between the Town and the Aspen Skiing Company (ASC) for the 2003-2004 Winter season. Peckler stated that the Agreement reflects the permit price increases presented to Council for consideration last Summer. He distributed a document which included the proposed permit price increase, which he explained was based upon the proposed fee and average yearly sales from the 1999-2000 and 2002-2003 seasons. Council discussed the pros and cons related to the proposed increase and requested that staff notify the public well in advance before the price increase would go into effect. After further discussion, Council Member Mercatoris made a motion to approve the parking permit fee increase, seconded by Council Member Virtue. The motion was 06-30-03tc Page 3 of 9 approved by a vote of 4 in favor and 1 opposed. Mayor Manchester and Council Members Virtue, Mercatoris and Boineau voted in favor. Council Member Mordkin opposed, stating that he felt the fee increase to be inappropriate. Item No. 13: MANAGER’S REPORT Technology and Efficiency Program Town Manager Mike Segrest reported that he received two requests for funding for the Technology and Efficiency Program. The requests were from the Town Clerk Department for a maintenance agreement on free search and retrieval software for research purposes, and from the Housing Department for a computer to use for inventory and ordering, both of which will save hours of staff time. Council agreed and requested that staff develop a means to track and monitor cost savings on the more expensive items approved for purchase through this fund. Budget Presentation Award Council and staff stated their congratulations and appreciation to the Town’s Finance Director for receiving the Distinguished Budget Presentation Award for the 2003 budget, awarded by the Government Finance Officers Association. Council requested that the Finance Officer be further recognized in an effort deemed appropriate by the Town Manager. Road Weight Limit Enforcement Segrest referred to an memo outlining Town Policy regarding weight limit enforcement for Town roads, as requested by Council at the June 9, 2003 Regular Town Council Meeting. The memo explained that the limitations can be modified or waived at the discretion of the Public Works Director. Council questioned the criteria used to waive the limitations, and requested that staff develop a measurable standard on which to base a decision for waiving the restrictions. Council requested that staff investigate the Town’s ability to grant variances and assess a fee to the user determined by vehicle weight and assumed impact to Town roads. New Shuttle Bus Graphics Council reviewed options for new painting and graphics proposed for the Town Shuttle buses. Council requested that the Town’s name and telephone number be painted on the buses. Citizen Jack Hatfield requested that the new color scheme be instituted for new buses at the time they are ordered from the manufacturer. The Transportation Director stated that cost for painting the new design would not exceed cost for the current design painting. Council discussed timing constraints for a decision due to buses that are currently in production. After further discussion, Council requested that staff consult the Marketing Director. Council will review the information and provide their recommendation at the July 21, 2003 Council Meeting. If it is necessary to notify the manufacturer before July 21, 2003, Council will provide staff with a decision by e- mail. 06-30-03tc Page 4 of 9 Item No. 5: PUBLIC HEARING AND SECOND READING – ORDINANCE NO. 11, SERIES OF 2003 TO RECEIVE PUBLIC COMMENT AND SECOND READING CONSIDERATION OF AN ORDINANCE APPROVING A MINOR PLANNED UNIT DEVELOPMENT FINAL PLAN, INCLUDING REZONING AND FINAL PLAT, FOR THE STONEBRIDGE CONDOMINIUMS ENTRY AREA, PARKING DECK, AND ADMINISTRATIVE OFFICE MODIFICATIONS (Public Hearing Continued from 06-16-03) Mayor Manchester opened the Public Hearing at 5:31 p.m. Senior Planner Poissant explained that the applicant is in the process of finalizing Easement Agreements for the public walkways. Virtue made a motion to approve Second Reading of Ordinance No. 11, Series of 2003, seconded by Mercatoris. There being no comments from the public, Mayor Manchester closed the Public Hearing at 5:32 p.m. A roll-call vote was taken and Second Reading was approved by a vote of 5 in favor to 0 opposed. NOTE: Council discussed Item Nos. 6 and 7 concurrently. Item No. 6: 7 STAR RANCH EXTENSION REQUEST FIRST READING - ORDINANCE NO. 1, SERIES OF 2003 - AND - DISCUSSION ON RESOLUTION NO. 5, SERIES OF 2003 FIRST READING CONSIDERATION OF ORDINANCE NO. 01, SERIES OF 2003, 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 06-30-03tc Page 5 of 9 OF FIVE (5) ACRES; AND 11) REQUESTED VESTING FOR A PERIOD OF 10 YEARS. (Tabled from the 03-17-03 Meeting) Applicant attorney Paul Taddune explained that the request for a 90-day extension became necessary due to a Pitkin County moratorium on construction currently in effect. Joe Wells, representing the applicant, stated that Council requested that the applicant settle the issue of an access to the property from Brush Creek Road before completing final review of the application with the Town. He further explained that the County moratorium prevents any action or discussion with the County concerning this application. .Mercatoris stated the Town’s interest to purchase Open Space land lying within the Seven Star Ranch and requested staff contact the ownership or potential ownerships to determine a valuation and purchase price. After further discussion, Mercatoris made a motion to approve the request for a 90-day extension to the October 6, 2003 Regular Town Council Meeting. Virtue seconded the motion. The motion to grant the extension was approved by a vote of 3 in favor to 2 opposed. Council Members Mercatoris, Virtue and Boineau voted in favor. Council Member Mordkin and Mayor Manchester opposed. Item No. 7: 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 (Tabled from the 03-17-03 Meeting) Item No. 8: PUBLIC HEARING AND SECOND READING – ORDINANCE NO. 09, SERIES OF 2003 SECOND READING CONSIDERATION OF AN ORDINANCE APPROVING THE MINOR PUD AMENDMENT FOR THE OFFICES AT SNOWMASS (BRUSH CREEK OFFICES) SPECIALLY PLANNED AREA LAND USE PLAN, INCLUDING BUT NOT LIMITED TO, MODIFYING THE BOUNDARY ON THE WEST SIDE OF THE SITE (PARCEL ‘A’) AND THE PARKING ARRANGEMENT IN THE SAME AREA. SAID APPLICATION ALSO INCLUDES A SUBDIVISION EXEMPTION TO ADJUST PROPERTY LINES (Continued from June 16, 2003 Meeting) Mayor Manchester stepped down from the Council table stating a conflict of interest. Mordkin made a motion to approve Second Reading of Ordinance No. 09, Series of 2003, seconded by Virtue. Mayor Pro Tem Mercatoris opened the Public Hearing at 5:45 p.m. A representative from the Stonebridge outlined changes to the Landscaping Plan, which required the applicant to replace up to 4 trees if it became necessary for 06-30-03tc Page 6 of 9 dead trees to be replaced. Mordkin made a motion to amend Paragraph 3 under Conditions with language to include the amendment. Virtue seconded the motion to amend. The motion to amend was approved by a vote of 4 in favor to 0 opposed. There being no further discussion, a roll-call vote was taken and Second Reading of the Ordinance was approved as amended, by a vote of 4 in favor to 0 opposed. Mayor Manchester was recused. Item No. 9: RESOLUTION NO. 22, SERIES OF 2003 CONSIDERATION OF A RESOLUTION APPROVING A SUBDIVISION EXEMPTION FOR THE BRUSH CREEK OFFICES (OFFICES AT SNOWMASS) TO EXCHANGE AN EQUAL AMOUNT OF PROPERTY CONTAINING 4,630 SQUARE FEET Or 0.1063 ACRE BETWEEN THE BRUSH CREEK OFFICES (OFFICES AT SNOWMASS) AND THE WOODBRIDGE CONDOMINIUMS AND MODIFYING THE BOUNDARY FOR PARCEL “A” ON WEST SIDE OF SITE FROM PREVIOUS APPROVAL GRANTED BY RESOLUTION NO.43, SERIES OF 2001 Stating a conflict of interest, Mayor Manchester recused himself from discussion and action on this item. Virtue made a motion to approve Resolution No. 22, Series of 2003, seconded by Boineau. Senior Planner Wahlstrom explained that two amendments are being made to the Plat. After further discussion, the Resolution was approved as amended, by a vote of 4 in favor to 0 opposed. Mayor Manchester was recused. Item No. 11: PUBLIC HEARING – DRAFT RESOLUTION NO. 25, SERIES OF 2003 TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A RESOLUTION CONCERNING A SPECIAL REVIEW AND SUBDIVISION EXEMPTION FOR THE HOLY CROSS ENERGY TRANSMISSION LINE AND SUBSTATION (Tabled from 06-16-03) Mayor Manchester returned to the Council table. The Town Manager explained that the applicant has requested an extension of time in Resolution No. 28, Series of 2003, which follows this Agenda item and is to be considered by Council at this Meeting. He further explained that the Public Hearing on this application was advertised for the date of this Meeting, and therefore appears on the Agenda. Mayor Manchester opened the Public Hearing at 5:56 p.m. There being no comments from the public, Mayor Manchester stated that this Public Hearing would be continued to the July 21, 2003 Regular Town Council Meeting scheduled to begin at 2:00 p.m. Item No. 12: RESOLUTION NO. 28, SERIES OF 2003 CONSIDERATION OF A RESOLUTION GRANTING AN EXTENSION FOR HOLY CROSS TRANSMISSION LINE AND SUBSTATION Virtue made a motion to approve Resolution No. 28, Series of 2003, seconded by Mercatoris. Segrest outlined minor language changes made to the Resolution. Mercatoris made a motion to include the amendments. Virtue seconded the motion. 06-30-03tc Page 7 of 9 The applicant explained that the site has been relocated approximately 200 feet closer to Highline Road in order to avoid locating the site on Cemetery land and in the wetlands area. There were no changes to the building design or layout. The applicant requested an extension of time to develop the new plan which would be located entirely on Town land, outside the wetlands area and would not encroach on Cemetery property. Plans are to have the design to the Planning Department by July 15, 2003 for st review by Council at their July 21 Regular Council Meeting. Boineau disclosed that he is a member serving on the Cemetery Committee and requested that Council visit the site to review the site relocation. Council stated a concern that the new site location now includes a portion of Highline Road. Poissant stated that construction would be located in a significant wildlife habitat area. After further discussion, Council agreed to continue this Meeting to Wednesday, July 2, 2003 at 3:00 p.m. for a site visit with Planning Commission members and appropriate staff. There being no further discussion the Resolution was approved as amended, by a vote of 5 in favor to 0 opposed. NOTE: Council took a 5-Minute break at this time. Item No. 10: RESOLUTION NO. 24, SERIES OF 2003 A RESOLUTION CONSIDERING AN ANNUAL TEMPORARY USE PERMIT FOR JAZZ ASPEN SNOWMASS TO CONDUCT A MUSIC FESTIVAL FROM AUGUST 29 TO SEPTEMBER 1, 2003. Virtue made a motion to approve Resolution No. 24, Series of 2003, seconded by Mercatoris. Planning Director Chris Conrad explained that this Resolution was a result of several meetings between staff and the applicant. Jim Horowitz of Jazz Aspen requested that the Saturday and Sunday time schedule be extended to 10:30 p.m., with clean-up and closing completed by 11:30 p.m. Horowitz explained that Jazz Aspen\Snowmass has programmed an “after dark” series in Snowmass Village at the Conference Center Cabaret Room, the Mountain Dragon and Cowboys to be held on Saturday and Sunday evenings. Mercatoris disclosed a conflict of interest and stepped down from the Council table, explaining that he has met with the applicants on several occasions pertaining to this application. Boineau stated that he has also met with Mercatoris and the applicant, although did feel it to be a conflict of interest. Mordkin stated his objection to granting taxpayer’s funds to an organization that has not made a long-term commitment to hold future June and September festivals in Snowmass Village. Mayor Manchester requested a discussion with the applicant at a Council Meeting following the September Labor Day Festival. Horowitz explained his plan for the future, waiting lines at past events, new regulations on re-entry to events, attendance from other cities and towns and parking and utilization of mass transit. After further discussion, Virtue made a motion to include the amendments, seconded by Mordkin. The motion to approve the Resolution as amended, was approved by a vote of 5 in favor to 0 opposed. Item No. 13: MANAGER’S REPORT 06-30-03tc Page 8 of 9 September Regular Council Meetings In response to an inquiry made by Segrest, Council requested that September, 2003 Regular Council Meetings be held on September 8 and 15, 2003. Special District Council discussed the potential formation of a Special District for financing costs for undergrounding electric transmission lines and requested that staff investigate the formation process as well as impacts for review by Council later in the year. Item No. 14: APPROVAL OF MEETING MINUTES FOR 05-19-03, 06-02-03, 06-09-03 AND 06-16-03 Virtue made a motion to approve the Meeting Minutes as listed above. Mercatoris seconded the motion. There being no additions or corrections, the Minutes were approved by a vote of 5 in favor to 0 opposed. Item No. 15: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/CALENDARS Audit for Housing Department Virtue requested an audit be conducted on the Housing Department to ensure there is no indiscretion. Ballfield Mercatoris requested that the Town Manager determine if the infield at the new ballfield is constructed correctly. Council requested that the Town’s “Green Team” assist the Snowmass Club with completion of the ballfield construction to ensure that it will be ready for the Labor Day Jazz Festival. th July 4 Community Picnic Boineau stated that the Fourth of July Community Picnic would be held on the Mall from 3:00 to 5:00 p.m., food is to be cooked and served by the Rotary Club. An antique fair will be held in the Mall area, a concert is planned for that evening on Fanny Hill and a fireworks display at dusk. Summer Concert Series Mercatoris reported that there the will not be a Summer Concert on Thursday, July 3, th although a concert will be held the following evening on July 4. Throughout the remainder of the Summer, the concerts will continue to be held on Thursday evenings on Fanny Hill. A final Concert is scheduled for Saturday, August 23, 2003. Trail Capital Improvement Project Mercatoris stepped down from the Council table stating a conflict of interest. In response to an inquiry made by Boineau regarding the Terracehouse’s wish-list for trail improvements, Town Manager Segrest stated that staff is developing a plan for a trail improvement project. Information will be presented to Council in the near future. 06-30-03tc Page 9 of 9 Item No. 16: ADJOURNMENT Mayor Manchester stated that this Meeting would be continued to July 2, 2003 at 3:30 p.m. Council will meet at the Cemetery Parking Lot for a site visit of the proposed Holy Cross substation site. This set of minutes was approved at the July 21, 2003 Regular Town Council Meeting. Submitted By: _____________________ Donna J. Garcia-Spaulding Second Deputy Town Clerk -AND- _____________________ Trudi Worline, Town Clerk