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08-04-03 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES AUGUST 4, 2003 Mayor Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, August 4, 2003 at 3:06 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Manchester, Douglas Mercatoris, Richard Virtue, Arnold Mordkin, and Bill Boineau STAFF PRESENT: Mike Segrest, Town Manager; Chris Conrad, Planning Director; Carey Shanks, Economic Resources Director; Carolyn Poissant, Senior Planner; Steve Connor, Town Attorney; Larry Green, Wildlife Consultant; Julie Lindt, Town Clerk Secretary PUBLIC PRESENT: Richard Shaw, Jeff Tippett, Madeleine Osberger, Mel Blumenthal, John Wheatley, Judy Burwell, Nick Coates, John Dresser, Bob Schultz, Jack Hatfield, Earl Anderson, 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 3:08 p.m. Senior Planner, Carolyn Poissant outlined the purpose of the discussion, including outstanding issues and to obtain a response from the applicant regarding those issues. PROVISION OF VAN SHUTTLES AND VALET PARKING Representative for the applicant, Richard Shaw stated that the shuttle service is an obligation of the applicant and is a PUD requirement. He explained that the services would be provided on an incremental basis with the development of the residential units until the ratio is achieved, which would require a complete shuttle van. He added that valet parking would be available if the Fractional Residential Club occupancy rate reaches a 70% level. Council stated their concern that the 70% occupancy threshold is too high and that it would be beneficial to the Association if the threshold would be lower. Shaw reassured Council that if a conflict was to occur with the occupancy threshold that the Town would not be affected. 08-04-03tc Page 2 of 7 WHOLE OWNERSHIP UNITS Shaw explained that whole ownership would not exceed 20% of the completed units and that whole owners would not be exempted from the association’s fees and membership expenses. Council stated concern that whole ownership would diminish the idea of maintaining HOT Beds. Shaw responded by explaining that this option would allow for a large business or corporation to utilize these amenities. Local citizen John Dresser suggested that the Town conduct research on how often whole ownership units are used and then apply those numbers to the project. Council stated that they would be comfortable if the language were to include no more than five, 3- bedroom units and no more than three, 4-bedroom units to be utilized as whole ownership units. PROJECT PHASING AND VESTING Shaw outlined the different phases and vesting periods of the project. Council stated concern that there was not a definitive plan for a grocery store or post office in every phase. Shaw reassured Council that the grocery store and post office were mentioned in the language. Mayor Manchester emphasized that the Gondola is a detrimental part of the project and that the construction would need to take place in the first building phase. Local citizen Nick Coates re-emphasized that the Gondola would have to be built to make the project a success. Dresser stated concern based on terms in the language relating to the funds to be used solely for single-family homes only and that the language should be changed to connect these funds with the newly renovated Center. Town Manager Mike Segrest emphasized that the Gondola would need to meet an economical and timely agreement and that the Town would have to take into consideration operating costs. RELEASE OF DEED RESTRICTIONS In response to an inquiry by Mayor Manchester, Segrest stated that staff is researching whether Kearns Road is deed restricted. PROVISION OF LOCALLY- SERVING COMMERCIAL Council recommended that the space be distributed as much as possible for a variety of commercial uses rather than reserving large amounts of space for real estate and retail purposes. Shaw mentioned that the two spaces for a grocery store and town hall would not be limited to 20%. Council stated concern that the grocery store space could be utilized for an alternate use if the owner chooses to do so. Segrest mentioned that if at first no grocery store is obtained, the space would be available for interested parties but that a right of refusal is offered to the Town for the purchase of the space after a 90-day period. 08-04-03tc Page 3 of 7 Council requested that staff add a liquor store to the list of community retail. Segrest explained that categories are used as a flexibility and controlling device. Manchester recommended that a controlling number be given to the MU-2 (uncontrolled) space. Shaw explained that the MU-2 space allows for more retail opportunities and that this plan is common among many developments. Council recommended that the floor area contain a ratio of 80/20, 80 being whatever is left over and 20 being exempted floor space. Poissant explained that the 20% exempted space could be combined with other exempted space to increase the flexibility of options. There being no further comments, Mayor Manchester closed the Public Hearing at 4:57 p.m. Mayor Manchester commented that this Public Hearing will be continued at the August 25 Regular Town Council Meeting which begins at 2:00 p.m. Item No. 3: 2002 ASC WILDLIFE ENHANCEMENT & MANAGEMENT PLAN ACCOMPLISHMENTS Wildlife Specialist Larry Green provided Council with a brief background and review of the Aspen Skiing Company’s (ASC’s) Wildlife Enhancement and Management Plan (WEMP) for 2002, the ASC’s Report Review and staff’s evaluation of the ASC WEMP effectiveness. Green stated that staff recommends the ASC’s WEMP 2002 monitoring report be approved and that Council encourages ASC to continue in its support of future wildlife enhancement projects. After further discussion, Council approved the ASC’s WEMP 2002 Monitoring Report. Item No. 4: PUBLIC NON-AGENDA ITEMS In response to an inquiry by Local resident Jack Hatfield, Mayor Manchester stated that Council continues to reserve the right to cease moving forward until the community has a chance to voice their opinions during the Community Forum Meetings. Manchester reported that the first meeting would begin on August 6, 2003 at the Fairway Center building at 6:30 p.m. Local resident Jack Hatfield thanked Council for the opportunity to have a parallel process like this. Former Mayor and local resident Jeff Tippet commended Council and staff for how well the opportunity for these discussions are being publicized. Tippet further suggested that Council consider having public meetings in the evenings since a lot of community members cannot attend the Regular Town Council Meeting scheduled during the daytime. Item No. 5: CONTINUATION OF PUBLIC HEARING AND RESOLUTION NO. 25, SERIES OF 2003 TO RECEIVE PUBLIC COMMENT AND CONSIDER A SPECIAL REVIEW AND SUBDIVISION EXEMPTION FOR THE HOLY CROSS ENERGY TRANSMISSION LINE AND SUBSTATION PLANS PER SEC. 16A-5-20 08-04-03tc Page 4 of 7 OF THE LAND USE AND DEVELOPMENT CODE, AUTHORIZING THE APPLICANT, HOLY CROSS ENERGY, TO INSTALL ELECTRICAL TRANSMISSION TOWERS AND LINES EXTENDING FROM STATE HIGHWAY 82, ACROSS THE SEVEN STAR RANCH PROPERTY AND TOWN OF SNOWMASS VILLAGE PROPERTY, TO THE PROPOSED SUBSTATION SITE TO BE LOCATED ADJACENT TO THE HIDDEN VALLEY CEMETERY PROPERTY, ACCESSED OFF HIGHLINE ROAD ½ MILE SOUTH OF BRUSH CREEK ROAD. SAID PLANS INCLUDE CONSTRUCTION OF APPROXIMATELY THREE TOWERS WITHIN THE TOWN OF SNOWMASS VILLAGE, VEHICULAR ACCESS, PARKING, LANDSCAPING IMPROVEMENTS AND AN ENCLOSED SUBSTATION FACILITY (Continued from June 16, June 30, and July 21, 2003) Town Manager Mike Segrest provided Council with a brief up-date relating to technical constraints involved with this resolution and stated that Holy Cross Energy (HCE) is requesting a continuation of this discussion to a meeting possibly scheduled for August 11, 2003 in an effort to allow more time to acquire appropriate financing, which would reduce costs of the project. He further stated that there is another exhibit in the works near completion and requested Council consideration of the Town adjusting the franchise fee to offset the additional costs of applying sales taxes to the incremental sir-charge costs for under grounding. HCE representative Bob Schultz explained that on September 30, 2003, they should have approval of funds by Rural Electric Association (REA); they need approval of the resolution from both the local governments and Exhibit A; which addresses how HCE will fund the project and lock in rates while they are low. They need to have all this information in to REA by the end of August and after submission there is still work to th do. He stated that the County is scheduled for August 13, if Snowmass Village can th get done on August 11, then final copies of the resolutions could be sent off to Washington. After further discussion, Council approved the Draft Resolution as it appeared today, with the option to review resolution language relating to the legal description of the land, payment terms of the loan and policy elements before signing. There being no further discussion, Council Member Mercatoris made a motion to table Public Hearing of Resolution No. 25, Series of 2003 until August 11, 2003 Special Town Council Meeting to begin at 5:00 p.m., seconded by Council Member Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 6: FIRST READING - ORDINANCE NO. 14, SERIES OF 2003 AN ORDINANCE CONCERNING DEVELOPMENT WITHIN AREAS CONTAINING THIRTY PERCENT (30%) SLOPES ON LOT 34, PARCEL G - THE PINES, EAST VILLAGE PLANNED 08-04-03tc Page 5 of 7 UNIT DEVELOPMENT Planning Director Chris Conrad explained that there are lots located at The Pines and Two Creeks that contain areas with greater than 30% slopes, identified as the area where the driveway is proposed and a portion of the residence location. Conrad spoke with Lenny Oates, representative for the landowner, who stated that he would be available at Second Reading to address Council questions. Architect representative for HP Geotech Earl Anderson stated that they visited the subject site on July 11, 2003 to review the steep portions of the building envelope with respect to slope stability. They found that existing conditions reflected that approximately 1/3 of the building envelope has slopes less than 30% and contains vegetation with relatively thick scrub oak. Anderson stated that grading outside the building envelope will be unchanged except for the proposed parking area on the east side of the building envelope, which will be mostly cut into the existing knoll. The proposed grading plan and retaining walls should be adequate for construction in the greater than 30% slopes at the site and would tend to maintain the stability of the site without adverse impact on adjoining property. He further stated that concentrated surface flow should not be allowed to flow directly onto slopes steeper than 30% without providing erosion control such as riprap. In conclusion, he stated that slope instability was observed and erosion in the area of the proposed driveway entrance was evident but there was no evidence of massive instability. Planning Director Chris Conrad recommended amendments with language specificity stating “with slopes greater than 30%” be technically correct and requested that the date for Second Reading be corrected to August 25, 2003. There being no further discussion, Council Member Mercatoris made a motion to approve as amended First Reading of Ordinance No. 14, Series of 2003, seconded by Council Member Virtue. The vote was approved by 4 in favor and 1 opposed. Council Member Mordkin opposed. Item No. 7: MANAGER’S REPORT Town Manager Mike Segrest explained that the Arts Advisory Board would like to utilize the 18 remaining chairlift chairs from the Campground lift for an Art Walk project this fall. Council stated that although they are in favor of supporting the Girl Scouts by purchasing the chairs for a total of $180, they are opposed to placement of the chairlift chairs anywhere within the Village. Council requested that staff investigate the possibility of storing the chairs at the Rodeo Lot location. Item No. 8: APPROVAL OF MEETING MINUTES FOR: 07-14-03 Mayor Manchester made a motion to approve the Minutes of July 14, 2003; seconded by Council Member Virtue. The vote was approved by 5 in favor and 0 opposed. 08-04-03tc Page 6 of 7 Item No. 9: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/CALENDARS Abandoned Car On Truscott Property Council Member Boineau requested that the Police Dept. staff investigate the Nuisance Ordinance relating to an abandoned car on the Truscott’s property. Aspen Golf Course Report Council Member Mercatoris reported that he recently worked with Becky Duckworth and management and things are heading in the right direction. Krabloonik Council Member Virtue requested that the Town Manager investigate the Krabloonik contract agreement relating to water hook-up, charges and elimination of pollutants into community stream water sources. Virtue further requested that the Economic Resource Director investigate Krabloonik compliance and service. Divide Stop Sign Council Member Mercatoris requested that the Public Works Department investigate safety alternatives at the Divide stop sign location and associated costs (other than a mirror being placed there) and report findings to Council at a Meeting in the near future. Divide Bus Stop Council Member Virtue requested that the Transportation Department analyze a solution that would better accommodate the pick-up and drop-off public bus stop located at the Divide location. IGA with Pitco Council requested that the Town Attorney revise the IGA with Pitco regarding inspection coverage. Woodbridge Willows Mayor Manchester requested that the Public Works Department trim the willows at Woodbridge down creek to Owl Creek so that the creek can be seen from the road. Item No. 10: EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS UNDER C.R.S. SECTION 24-6-402(4)(B) At 7:44 p.m., Council Member Virtue made a motion to convene to Executive Session, seconded by Council Member Mercatoris. The motion was approved by a vote of 5 in favor to 0 opposed. 08-04-03tc Page 7 of 7 At 7:55 p.m., Council Member Mercatoris made a motion to reconvene to the Regular Meeting, seconded by Council Member Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 11: ADJOURNMENT There being no further business, Council Member Virtue made a motion to adjourn the Meeting, seconded by Council Member Mercatoris. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 7:56 p.m. This set of Minutes was approved as submitted at the September 8, 2003 Town Council Meeting. Submitted By, __________________________ Donna J. Garcia-Spaulding, Second Deputy Town Clerk -AND- __________________________ Julie Lindt, Town Clerk Secretary