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11-10-03 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES (SILVERTREE HOTEL – CABARET ROOM) NOVEMBER 10, 2003 Mayor Manchester called to order the Regular Meeting of the Town of Snowmass Village Town Council on Monday, November 10, 2003 at 2:10 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: T. Michael Manchester, Douglas Mercatoris, Richard Virtue, Arnold Mordkin and Bill Boineau COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Mike Segrest, Town Manager; Chris Conrad, Planning Director; Jim Wahlstrom, Senior Planner; Hunt Walker, Public Works Director; Carey Shanks, Economic Resource Director; Nick Tucker, Computer Specialist; David Peckler, Transportation Director; Andrea Reece, Public Works Secretary; Susan Hamley, Marketing Director; Julie Lindt, Town Clerk Secretary PUBLIC PRESENT: Mel Blumenthal, Madeleine Osberger, Jim Heywood, Jeff Tippett, Greg Rulon, Larry Ladin, Chris Nolan, Harry Teague, Alan Osbourne, Nick Coates, Lonny & Mark Jackson, William McArtru, Beckey Sparks, Beth Boylstar, Gert VanMoorsel, Adam Preshill, Kevin Kelly, Bennett Bramson, Liz Lasho, Laura Theib, Andy Clauson, Liz Flanagan, Neal Batson, David Kerr, Penny Smilios, John Wheatley, Gary Suiter, Stephen Stay, Rick Griffin, Phillip M. Ring, Larry Dempsey, and other members of the Public interested in Agenda items DISCUSSION AGENDA Item No. 2: ECONOMIC MODEL 11-10-03tc Page 2 of 9 Representing Economic Planning Systems (EPS), Dan Guimond explained that the purpose of the Model is to examine the build-out required to support an effective community core. He stated that the Financial Advisory Board (FAB) has been working closely with staff and EPS to examine these assumptions. Guimond also explained that in order to create an appropriate balance of retail, restaurant and entertainment space, reprogramming some of the space might be necessary to meet the needs of the Town. Council recommended that staff conduct a market analysis to assist with determining if sufficient business would exist to support the new development. Item No. 3: ARTS ADVISORY BOARD CONSULTANT REPORT DISCUSSION Representing the Arts Advisory Board, Chris Nolan explained the purpose of the presentation was to create awareness of the need for a cultural facility and activities in Snowmass Village, and to inform Council of the financial feasibility to maintain and operate a facility and the associated events. Nolan introduced consultant, Duncan Webb of Webb Management Services, who has conducted research on demand for cultural amenities. Webb reported that potential audiences do exist and recommended that the Town take advantage of upcoming developments for construction of a cultural facility. Nolen stated that the Board has had discussions with Aspen-based companies who have agreed to collaborate and work with Snowmass Village on various projects. After further discussion, Council requested a more detailed report on the requirements of a facility, programs and operating costs. NOTE: Council took a 5-minute break and reconvened the Regular Meeting at 5:25 p.m. Item No. 4: PUBLIC HEARING - 2004 ROAD MILL LEVY TO RECEIVE PUBLIC COMMENT ON THE TOWN OF SNOWMASS VILLAGE ROAD MILL LEVY FUND FOR THE YEAR 2004 Public Works Director Hunt Walker provided Council with a brief overview of the core issues to be discussed during today’s Meeting, including Snowmass Club Circle, Elbert Lane and Forest Lane projects for next summer; as well as normal road maintenance and repairs. Walker stated that the largest of these projects is the Elbert Lane project, in which the Snowmass Water and Sanitation District needs to replace water and sewer lines at this location and that the hope is to coordinate projects. He stated that the Town would be funding the overlay work and improvements for drainage and pedestrian enhancement plans. 11-10-03tc Page 3 of 9 At this time, Mayor Manchester opened the Public Hearing at 5:21 p.m. There being no comment from the Public sector, Mayor Manchester closed the Public Hearing at 5:21 p.m. In response to an inquiry by Counselor Boineau, Walker stated that starting in the summer of 2004 the Town is fully funding projects at $430,000 and that he does not want to commit to other overlays until the Town has a need. He stated that discussions are being coordinated with Snowmass Water and Sanitation District so that projects are more balanced than they have been in the past. Counsel Member Mercatoris suggested that staff consider the RETT fund as well as the Road Mill Levy when it comes time to enhance Elbert Lane. Walker stated that staff has plans for preliminary conversations with adjacent property owners in an effort to come up with range solutions and report the out-come of those discussions to Council at a Meeting in the near future. Item No. 5: PUBLIC HEARING AND ACTION - RESOLUTION NO. 41, SERIES OF 2003 TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF SNOWMASS VILLAGE, COLORADO FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2004 AND ENDING ON THE LAST DAY OF DECEMBER, 2004. Council Member Mercatoris made a motion to approve Resolution No. 41, Series of 2003, seconded by Council Member Boineau. The Finance Director Marianne Rakowski provided Council with a brief overview of core issues to be discussed during today’s Meeting, including review of the Marketing Budget and clarification that this resolution adopts the 2004 budget and summarizes the revenues and expenditures in each fund. Marketing Director Susan Hamley briefly reviewed the Marketing Budget. In response to an inquiry by Mayor Manchester, Hamley explained that ballot language allowed for up to 10% revenues to be used for capital improvements and are considering various options for improvements such as a permanent structure for the arts, which will come out of the bottom-line funds. She stated that the Marketing & Special Events Board (MSEB) is working on scenarios for improvements during the summer and winter seasons. Council and staff discussed the 2004 Capital Improvement Projects item by item as follows: Trail Additions - $100,000 Council approved. 11-10-03tc Page 4 of 9 Bus Stop Improvements - $92,000 Council approved. Brush Creek Road/Wood Road Roundabout and Bridge - $500,000 Council approved. Transit/Parking Improvements - $100,000 Council approved. Entryway Improvements - $100,000 Council requested that the new town hall item be taken out. Council Member Mercatoris stated that under the line item Limited market rate development to provide funding for public improvements, he doesn’t want the community or staff to feel that because it is a bullet item, that it is necessarily acceptable to Council because they haven’t determined that yet. After further discussion, Council approved the other bullet items under this topic. In response to an inquiry by Mayor Manchester, the Town Manager stated that the process that staff envisions is to come back to Council with recommendations following a work session that the staff is going to have, where they will try and work through issues and questions raised by Council. Staff is requesting direction concerning the possibility of entering into a contract relationship with potential private developers with conditions and much discussion to move forward. Town Hall - $150,000 Council emphasized that their general preference for a town hall location would be the entryway; although, they would consider “the Point” site. Swimming Pool/Fitness Center - $100,000 Council approved. Commercial Core Improvements - $50,000 Council approved. There being no further discussion, the motion was approved by a vote of 4 in favor to 1 opposed. Council Member Mordkin opposed. Item No. 6: PUBLIC COMMENT AND ACTION - RESOLUTION NO. 42, SERIES OF 2003 TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSE AS SET FORTH BELOW, FOR THE TOWN OF SNOWMASS VILLAGE, COLORADO FOR THE 2004 BUDGET YEAR. Council Member Mercatoris made a motion to approve Resolution No. 42, Series of 2003, seconded by Council Member Virtue. Mayor Manchester opened the 11-10-03tc Page 5 of 9 Public Hearing at 5:45 p.m. There being no Public comment, Mayor Manchester closed the Public Hearing at 4:45 p.m. The motion was approved by 5 in favor and 0 opposed. Item No. 7: FIRST READING - ORDINANCE NO. 19, SERIES OF 2003 FIRST READING CONSIDERATION ON AN ORDINANCE AMENDING THE 2003 BUDGET FOR ALL FUNDS FOR THE TOWN OF SNOWMASS VILLAGE. Council Member Mercatoris made a motion to approve Ordinance No. 19, Series of 2003, seconded by Council Member Virtue. The motion was approved by 5 in favor and 0 opposed. Item No. 8: PUBLIC NON-AGENDA ITEMS In response to an inquiry by local resident known by the name of Beej, Town Manager Mike Segrest stated that he doesn’t know of any authority the Town has that encourages individuals from the community to attend public meetings. Segrest stated that it is quite common for the Clerk’s Department to receive form letters, that people circulate around for public signature and that there is nothing wrong with this. Council Member Mercatoris stated that any individuals who want to distribute any information for the community to attend public meetings has a duty and responsibility to turn it in to the Town Clerk’s Department and that Council encourages this. Item No. 9: PUBLIC HEARING AND FIRST READING - ORDINANCE NO. 16, SERIES OF 2003 TO RECEIVE PUBLIC COMMENT AND FIRST READING CONSIDERATION OF AN ORDINANCE TO REVISE CHAPTER 18 OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE, BUILDING REGULATIONS, IN ITS ENTIRETY (Tabled from 10-20-03 Meeting) Town Manager Mike Segrest provided Council with a brief background of information relating to the differences between the Town’s current Code and those that have been adopted by the Planning and Zoning Board. Chief Building Official Mark Kittle explained that he took Chapter 18 of the Muni- cipal Code, which where antiquated and changed them to be more consistent with the Code. He stated that essentially all of the text in the draft Ordinance is in the existing Code and that, we only by reference adopt the International Building Code. Mayor Manchester requested a revision on packet page 53, line 192, Section 11-10-03tc Page 6 of 9 105.5.1, Residential relating to completion shall be within eighteen months; on packet page 55, line 271, 105.8, Placement of Construction Drawings requested that this item be interfaced with the GIS system to be scanned as part of the data and that it be revised as standard policy; and referring to packet page 58, lines 430-432 relating to handrails, requested that staff investigate whether this applies only to stairs and lofts and if so that this section be amended to be a more consistent requirement. In response to an inquiry by Mayor Manchester, Kittle stated that the Board of Appeals (BOA) agreed that the following item should be abolished: on packet page 63, line 667, 300.18 (C) Raceways Required. Council Member Mercatoris stated that this is something that the Town of Snowmass Village Fire Department feels is necessary. Chief Building Official Mark Kittle stated that the Codes are consistent Valley- wide, that the changes will go before the BOA and the changes can be done quickly. Council Member Mercatoris made a motion to approve Ordinance No. 16, Series of 2003 as amended and move to Second Reading, seconded by Council Member Virtue. The motion was approved by 5 in favor and 0 opposed. Item No. 10: CONTINUATION OF PUBLIC HEARING AND DISCUSSION - BASE VILLAGE PRELIMINARY PUD TO RECEIVE PUBLIC COMMENT AND DISCUSSION OF THE BASE VILLAGE PRELIMINARY PUD APPLICATION, INCLUDING SINCLAIR MEADOWS AND FANNY HILL TOWNHOUSES /CABINS INVOLVING AN AMENDMENT TO THE WOODRUN V PUD FOR PARCELS 4 AND 7." Senior Planner Jim Wahlstrom provided Council with a brief overview of the Applicant’s application with specific review of their core issues to be continued to a date set by Council in the near future. Wahlstrom provided a summary overview of the Planning Commission recommendations concerning the specific buildings initially presented in the Preliminary PUD application and to subsequently allow input by the Council and the community. Mayor Manchester opened the Public Hearing at 5:45 p.m. Intrawest Applicant Mike O’Connor stated that they are here today mainly to listen to Council comments on the guiding principals to commercial reduction and get Council direction. Mayor Manchester stated frustration on Council’s part with not being able to land on a point however, this is the process in order to get all the parts on the table to solve issues and address associated costs. 11-10-03tc Page 7 of 9 The Applicant provided Council with a PowerPoint presentation depicting each building in the site plan relating to height, scale and mass of each structure. Council commented on each building, made recommendations, asked questions and requested that the applicant present revisions of the requests at the November 24, 2003 Town Council Meeting. Mayor Manchester opened the Meeting for Public Comment at this time. Larry Dempsey Representative of the Crestwood Condominiums Larry Dempsey commented on the Pre-sketch presentation addressing the Developers statement relating to their need of the residential component defined between 600,000 S.F. and 900,000 S.F. and they submitted a plan that has approximately 840,000 S.F. of residential. As Council struggles over the dilemma of how large the plan can be, he suggested that it might be very useful in a general sense to ask them to present a scenario of what the project would look like if it had a component of 60,000 S.F. of commercial and 600,000 S.F. of residential and how many units it would have and how it relates to the critical mass issue. Jeff Tippet Local resident and former Mayor Jeff Tippet stated that with the exception of a couple of cabins and food buildings (Buildings 3A and 3B), that the rest of the buildings are too monumental in size and he is concerned with how the Lichenharth relates to these new structures in height. He requested that Council require the Applicant to present a model depicting views from the Tamarack to adjacent buildings. “There is too much density on too little land”. There being no further discussions, the Public Hearing was continued to the November 24, 2003 Town Council Meeting. Item No. 11: RESOLUTION NO. 44, SERIES OF 2003 A RESOLUTION CONSIDERING THE ACCEPTANCE OF CERTAIN AMENDMENTS TO THE BASE VILLAGE PRELIMINARY PUD APPLICATION PURSUANT TO SECTION 16A-5-340 (K) OF THE SNOWMASS VILLAGE MUNICIPAL CODE. Council Member Mordkin made a motion to approve Resolution No. 44, Series of 2003, seconded by Council Member Virtue. The motion was approved by 5 in favor and 0 opposed. Item No. 12: MANAGER’S REPORT 11-10-03tc Page 8 of 9 Housing Biennial Re-qualification Affidavit Town Manager Mike Segrest provided Council with a brief background for the purpose of the re-qualification affidavit relating to the Housing Regulations and the two-year process. Housing Manager Joe Coffey explained that the re- qualification would apply to all home owners, they would have to live here eight months a year, that individuals needed to be working within Pitkin County and the Housing Department needed to know whether individuals did not own other residential dwelling units within the Roaring Fork range. Under those terms, everyone would qualify and the new people would have to qualify under those terms, as well as new income and asset guidelines yet to be established. Coffey stated that one affidavit was distributed to everyone but the new owners, who bought as of this past December were not charged the re-qualifying affidavit fee, although on their affidavit it is stated that they will have to re-qualify within two years under the new income asset guidelines. He further stated that according to the Town Attorney, that if in fact the owner is a full-time voter, this would prove that they are a full-time resident, as well as having a drivers license and having filed a Colorado tax return. After further discussion, Council requested that language relating to the valid Colorado drivers license and eligibility to be a registered voter be removed from the Affidavit language and that staff implement questions specific to what the Housing Committee needs to know. Council also requested that on the bottom of the Affidavit additional language be implemented stating that this does not change anything for individuals who bought under the rules in which they purchased. Daly Townhomes Access Road Up-date The Housing Manager Joe Coffey stated that one lane is paved, there is an eight-foot driving lane paved and the other portion of the road is going to be re- compacted with recycled asphalt. Coffey further stated that the Housing Department will maintain construction vehicles from the access road by means of a divider fence and snow plow the road this year. He stated that the Police Department would be more pro-active in enforcing construction vehicle access this winter. Item No. 13: APPROVAL OF MEETING MINUTES FOR: SEPTEMBER 18, 2003, OCTOBER 7, 2003 AND OCTOBER 13, 2003 Council Member Mercatoris made a motion to approve the Minutes of September 18, 2003, October 7, 2003 and October 13, 2003, seconded by Council Member Virtue. The motion was approved by 5 in favor and 0 opposed. Item No. 14: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/CALENDARS 11-10-03tc Page 9 of 9 Calendars Town Manager Mike Segrest clarified up-coming Town Council Meetings and stated that re-scheduling of Base Village issues will be forthcoming. He stated th that the November 24 Meeting will be held in the Town Council chambers due to costs associated with rental of the Silvertree Cabaret Room. Council th requested that staff schedule the December 8 Meeting at the Silvertree, Cabaret Room due the expectations of a large showing for the Base Village discussion. Council Member Mordkin stated that he would not be able to attend Meetings on ththth December 8, January 5 and possibly January 12 due to the Municipal Court docket schedule. Item No. 15: ADJOURNMENT There being no further business, Council Member Mordkin made a motion to adjourn the Meeting, seconded by Council Member Virtue. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 9:20 p.m. This set of Minutes was approved at the December 15, 2003 Regular Town Council Meeting. SUBMITTED BY: __________________________ Donna J. Garcia-Spaulding, Second Deputy Town Clerk -AND- __________________________ Julie Lindt, Town Clerk Secretary