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07-14-03 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES JULY 14, 2003 Mayor Pro Tem Mercatoris called to order the Regular Meeting of the Snowmass Village Town Council on Monday, July 14, 2003 at 2:07 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Douglas Mercatoris, Richard Virtue and Bill Boineau. Mordkin arrived at 2:15 p.m. Mayor Manchester arrived at 2:20 p.m. STAFF PRESENT: Mike Segrest, Town Manager; Carey Shanks, Economic Resource Director; Chris Conrad, Planning Director; Steve Connor, Town Attorney; Jim Wahlstrom, Senior Planner; Carolyn Poissant, Senior Planner; Nick Tucker, Multi Media Specialist; Susan Hamley, Marketing Director; Trudi Worline, Town Clerk; Donna J. Garcia-Spaulding, Second Deputy Town Clerk PUBLIC PRESENT: Jim Gustafson, Dan Miller, Michael Hoffman, Catherine Lutz, Jeff Tippett, Richard Shaw, Ted Grenda, Nick Coates, Dale Eubank, Joe Wells, Jim Horowitz, Jack Hatfield, Nick Coates, Mel Blumenthal, Brent Huske, Tracey Hughes, John Dresser, Bernie Grauer, Jim Hooker, Paul Taddune, Bianca Hooker, Judi Burwell, Cheryl Morgan, Bob Purvis, and other Members of the public interested in Agenda items for this Meeting. Item No. 2: MASTER PLAN ON TECHNOLOGY AND COMMUNICATIONS DISCUSSION Economics Resource Director Carey Shanks stated that approximately two years ago, AT&T paid $20,000 to the Town to be used toward development of a Communications Master Plan. Economic C/V LAN Representative Dan Miller referred Council to a document entitled Achieving Aspirations through Technology and presented information that identified designs and a specified technology solution that could best meet the needs 07-14-03tc Page 2 of 7 within budget. Boineau stated his support for development of a Master Comprehensive Plan. After reviewing the information, Council requested that staff conduct an analysis of other communities similar in size to Snowmass Village, which have successfully implemented this type of telecommunications utility, and report findings to Council at a Meeting in the near future. Item No. 3: CONTINUATION OF PUBLIC HEARING AND DISCUSSION - SNOWMASS CENTER REDEVELOPMENT PRELIMINARY PUD Mayor Manchester opened the Public Hearing at 3:00 p.m. Senior Planner Carolyn Poissant outlined core issues for discussion identified by Council at the last Council Meeting, as well as new topics for discussion including condominiumization issues, condominium documents and revisions to the PUD Guide. Revised PUD Guide Poissant requested Council approval for more specific categories of Use types and that the uses be delineated within the PUD Guide, which would allow for the 20% Limitation of the total office/commercial floor area to be allotted to any one use type from the list of approved community services. Nick Coates, owner of the Snowmass Center building, stated that he strives to maintain a good tenant mix. After further discussion, Council determined that further definitions would have to be added to the PUD Guide uses listed in Attachment #2, C., Other Uses as Delineated on the Approved Final PUD Plan, an investigation by staff of the process to amend the PUD Guide language in the Resolution and that staff conduct an analysis of what other resort towns are doing to address square footage for commercial square footage and their methodology. Condominiumization Town Attorney Steve Connor stated that he has reviewed the draft documents in the Snowmass Center Preliminary Plan submittal. He provided Council with a brief overview of the proposed condominium regime and requested that the applicant provide an executive summary of the terms and conditions and more specific information to allow him to develop an opinion for Council. Michael Hoffman, counsel for the Snowmass Center, explained the basis for common expenses. Mercatoris requested that the applicant provide information to Council regarding resurfacing and funding for all internal roadways and parking spaces. Council Member Mordkin stated concerns regarding membership in the Residence Club and requested that the Applicant delete this item from the listing. After further discussion, Council requested that the Town Attorney and staff establish clear Conditions related to potential issues and provide the revisions at the July 21, 2003 Town Council Meeting along with a list of policy direction, and provide a draft Resolution for Council review at the August 4, 2003 Regular Town Council Meeting. 07-14-03tc Page 3 of 7 There being no further discussion or comments, Mayor Manchester continued the Public Hearing to the July 21, 2003 Town Council Meeting. Item No. 4: PUBLIC NON-AGENDA ITEMS Representing a group of concerned citizens, Jeff Tippett submitted and read a letter for the record. He stated that he felt the two major development application were too massive, exceeding the limitations of the Comprehensive Plan (Comp Plan) and Land Use Code (LUC). He requested that Council temporarily suspend the review process for both proposals and reopen the Comprehensive Planning process to familiarize the community with proposed changes to the Comp Plan and LUC. He also requested that Council obtain input from the community to allow public expression regarding the changes, and schedule a Special Election to allow the citizens to make the final decision on the proposed changes. Jack Hatfield stated that he felt Council did not accept the challenge provided by the developers during the Sketch Plan process and called for community discussions in parallel with review of the submissions, to slow down the process and to allow a community planning effort. Jim Hooker stated that the community is in favor of the developments, although they have concerns regarding the mass and scale as proposed. He also expressed that he felt Council has failed to connect with the pulse of the community, that the proposed projects, which involve substantial variances, require more in-depth communication with the public, and requested that Council review and reconsider sections of the existing Comp Plan Kathy Rodman stated concerns regarding the mass and scale of the proposed developments. Homestead Homeowners Association representative Alan Caniglia stated that the homeowners have expressed their confidence in Council’s ability to make the correct decisions and requested that Council continue with the development review processes for the improvement of the Village vitality. He stated that second homeowners would not be allowed to vote in a referendum or citizen initiative election and therefore have expressed their opposition to this type of process. He also stated opposition to the Town Ordinance that does not allow Town Board or Commission members to speak before Council on community issues, expressing that he felt the law to be a violation of his rights as a citizen. Mel Blumenthal stated his confidence in Council’s decision-making ability and disappointment in the lack of citizen attendance at the meetings. He further stated that the Base Village proposal has yet to be reviewed by the Town Council, stated opposition to a referendum or initiative election and explained that he did not feel the review processes should be stopped. He urged the community to participate in the meetings if they have concerns. Ted Grenda stated opposition to continuation of the review process and called for further citizen involvement and review of the Comp Plan and LUC. A Horse Ranch second-homeowner stated his confidence in Council’s decision-making ability and requested that Council continue with the review processes in an effort to increase the economic stability and economy of the Town, and voiced his opposition to a review of the Comprehensive Plan at this time. 07-14-03tc Page 4 of 7 Bob Purvis explained that the Comp Plan is an aspiration for the Town’s future, that the Planning Commission completed a review of the Land Use Code and the Comprehensive Plan within the past year and recommended that no changes be made at that time, explained that the Village Leadership Forum plan and the Comp Plan are fairly consistent, that several of the preferred projects within the Comp Plan could be accomplished through the two development review processes currently before the Town and stated his support of Council’s decision-making ability. He reported that skier visits for the Aspen and Snowmass Village were below the 10- year average for 2002\2003 seasons, advised that the Comp Plan not be amended at this time and recommended development of a parallel community process. Beige Jones stated a concern for the applicant’s requests for substantial variances in height, mass and scale. John Dresser stated that the LUC requires Council to deny the application or suspend the review process in agreement with the applicants, if a development plan is inconsistent with the Comp Plan and exceeds the guidelines of the LUC. Hatfield requested a citizen-involvement process in lieu of an initiative or referendum process, review of the Comp Plan, objected to the height and mass of the proposals and stated that second-homeowners have a choice as to where they wish to exercise their voting rights. Mordkin requested that Council be allowed to review the applications before any citizen action is initiated. Manchester explained that Council’s goal is to identify a balance between the two documents in order to achieve the community’s aspiration for the Town, which is to become an economically, viable resort community as evolved through the VLF and Comp Plan processes. He provided a reminder that the Comp Plan is a guiding document and includes a number of inconsistencies with the language of the LUC, making it impossible to achieve the Town’s aspirations, and therefore calls for amendments to be made. He stated the necessity for community involvement and communication in order to determine the citizen’s future expectations for the Town and identify the correct viable balance. He suggested a parallel process by providing community meetings while continuing the review processes. Manchester explained that to stop the review processes could be detrimental to the viability of the community and to achievement of its aspirations. Purvis suggested that staff provide a plan for a parallel process at the next Council Meeting for Council consideration. Hooker questioned at what point within a process when an applicant has reliance on a Council decision. In response to a question from Rodman, Manchester stated that comments concerning heating and cooling of structures could be stated verbally or in written form during the Planning Commission or Council review process, or by contacting Town staff. Hatfield explained the citizen’s need for a better understanding and stated his support for a parallel process. Mercatoris outlined the Public Non-Agenda process, encouraged citizen comments on issues of concern, and requested a discussion regarding a moratorium and review of the Comprehensive Plan at the next Council Meeting. Manchester requested that staff provide a plan for a parallel process at the next Council Meeting. The Planning Director stated that the Comp Plan, LUC, special projects and other Town information is available on the Town’s Internet website. He also provided the dates and times of Planning Commission Meetings and encouraged public involvement. 07-14-03tc Page 5 of 7 Item No. 5: DISCUSSION AND ACTION - DRAFT RESOLUTION NO. 30, SERIESOF 2003 A RESOLUTION IN CONSIDERATION OF GRANTING A WAIVER OF CERTAIN SUBMITTAL REQUIREMENTS FOR THE STONEBRIDGE INN CONFERENCE ROOM AND DECK ADDITION MINOR PUD PRELIMINARY PLAN Mordkin made a motion to approve Resolution No. 30, Series of 2003, seconded by Mercatoris. Mercatoris requested that staff request the applicant to construct a bear- proof dumpster at the Stonebridge Inn restaurant. There being no further discussion, the Resolution was approved by a vote of 5 in favor to 0 opposed. Item No. 6: RESOLUTION NO. 29, SERIES OF 2003 CONSIDERATION OF A RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE SNOWMASS VILLAGE TOWN COUNCIL FOR THE MONTH OF SEPTEMBER 2003. Manchester requested that the Resolution include changes to Regular Council Meeting dates for the month of August 2003. Mordkin requested that Council Members vacation dates be included in Council packet calendars. Mercatoris made a motion to approve Resolution No. 29, Series of 2003 with an amendment to schedule August Regular Council Meeting dates on August 4 and 25, 2003. Mordkin seconded the motion. The motion was approved as amended, by a vote of 5 in favor to 0 opposed. NOTE: The Following Resolution was not included on the Agenda for this Meeting. Item No. 6a: RESOLUTION NO. 31, SERIES OF 2003 CONSIDERATION OF A RESOLUTION AUTHORIZING JIM GUSTAFSON, A MEMBER OF THE TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION, TO REPRESENT THE Z GROUP ON MATTERS RELATING TO THE TOWN’S WORK OF FINDING A PLACE FOR A NEW TOWN HALL Mordkin made a motion to approve Resolution No. 31, Series of 2003, seconded by Boineau. There being no discussion, the motion was approved by a vote of 5 in favor to 0 opposed. Item No. 7: MANAGER’S REPORT Pitkin County Coordinated Election Questionnaire The Town Clerk explained that the Town has received the election-planning questionnaire from Pitkin County Clerk Election Division inquiring if the Town wishes to participate in a coordinated election on November 4, 2003. She explained that the deadline to respond is Friday, July 25, 2003. If Council plans to submit a question to the electorate on this date, it would be considered a Special Election. September 10, 2003 is the deadline to certify Town ballot contents to the County. Mordkin made a motion to participate in a coordinated election with the County if the Town 07-14-03tc Page 6 of 7 determines an election is necessary. Mercatoris seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Shuttle Bus Paint and Graphics Town Manager Segrest explained that Town staff is in the process of developing graphics and colors for the new shuttle buses. Since two of the buses are currently being manufactured, staff requested that the buses be painted white to avoid delaying the manufacturing process. The graphics and chosen colors will be applied at a later date. Board and Commission Restrictions In response to an inquiry made by the Town Manager, Council agreed to discuss the Ordinance language that restricts Town Board and Commission Members from commenting on Town issues. The discussion will be held at a future Meeting. Item No. 8: APPROVAL OF MEETING MINUTES FOR 03-17-03, 06-02-03, AND 06-12-03 Mercatoris made a motion to approve the Meeting Minutes as listed above. Boineau 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. 9: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/CALENDARS Clean Parking Lots Virtue requested that staff clean trash and debris from the parking lots on a scheduled basis. Council determined that debris left in parking lots as a result of an event, be charged to the responsible parties of the event. Community Picnic th Virtue requested that Council consider holding future July 4 Community Picnic rdth events at Community Park. Mercatoris reported that the July 3 and 4 concerts were a success. Golf Course Landscaping Mercatoris requested that staff investigate a concern of the County Club Townhomes homeowners regarding the golf course landscaping near the residences. Ballfield Mercatoris commended Town staff for their work on the ballfield turf. Segrest reported that the backstop will be sleeved this year and that he plans to have a permanent backstop constructed next year. Beautification Project In response to an inquiry made by Mercatoris, Segrest explained that staff is working on a stream beautification project for this year. 07-14-03tc Page 7 of 7 Wood Road Stream Mordkin requested that staff remove the gravel from the stream along Wood Road and that the streambed be cleared of trash and restored. RFTA Governance Process Meeting Mordkin reported that the Roaring Fork Transportation Authority has scheduled a meeting on Wednesday, July 16, 2003 beginning at 8:30 a.m. The topic for the Meeting will be the Governance Process and to identify and adopt the roles of Board Members, the Director and staff. Item No. 10: ADJOURNMENT There being no further business, Virtue made a motion to adjourn the Meeting, seconded by Mercatoris. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 6:41 p.m. This set of Minutes was approved by Council at the August 4, 2003 Regular Town Council Meeting. Submitted By, _____________________ Donna J. Garcia-Spaulding, Second Deputy Town Clerk -AND- _____________________ Trudi Worline, Town Clerk