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02-22-05 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES FEBRUARY 22, 2005 Item No. 1: ROLL CALL Mayor Pro Tem Bill Boineau called to order the Regular Meeting of the Snowmass Town Council on Tuesday, February 22, 2005 at 4:04 p.m. COUNCIL MEMBERS PRESENT: Mayor Pro Tem Bill Boineau, John Wilkinson, Sally Sparhawk and Arnold Mordkin COUNCIL MEMBERS ABSENT: Mayor Douglas Mercatoris STAFF PRESENT: Mike Segrest, Town Manager; Carey Shanks, Economic Resource Director; Chris Conrad, Planning Director; Hunt Walker, Public Works Director; Rhonda B. Coxon, Town Clerk; Jim Wahlstrom, Senior Planner; Dave Pecker, Transportation Manager; Steve Connor, Town Attorney PUBLIC PRESENT: Julie Schopper, Mark Moebius, Carolyn Purvis, Bob Purvis, Gert Van Moorsel, Rick Griffin, Shari Sanzone, Mel Blumenthal, Bruce McKinnon, Bob Johnson, Louellen Griggs, Chris Kelly, George Bletsas, Bob Kindig, John Corcoran, Peter Thomas, and other members of the public interested in Agenda items for this Meeting. Item No. 2: WEST VILLAGE PRESENTATION Economic Development Director Carey Shanks and Contract Planner Shari Sanzone of Blue Green Development provided the history and a status overview of the West Village Revitalization progress. Shanks reported that staff had met with the commercial property owners (stakeholders) in the Mall area and are proceeding according to the West Village Revitalization Concept Paper, a flow chart developed by the Planning Department, the Village Leadership Forum Forward Plan, the Comprehensive Plan, and minutes of meetings held with the stakeholders. He requested Council direction on the desired outcome, revising the PUD process to create a process that is simplified, less costly and more predictable for both the applicant and the community, creating a more efficient process for the remodel of condominiumized buildings and options to provide public support to assist with accomplishing the goals. Shanks also suggested language to address revitalization in the Comprehensive Plan. He provided optional public/private partnership funding concepts to assist in reaching the goal and requested approval to move forward with the draft Comprehensive Plan and begin the review process with the Planning Commission for revisions to the Land Use Code PUD process and changes to the Comprehensive Plan. Council discussed the Town’s roll in a private/public funding partnership in order to assist with the revitalization and redevelopment project and achieve the Town’s vision for the community. Sanzone provided an overview of the draft Comprehensive Plan for West Village development including design and architectural concepts, use of space and transit. She outlined three development scenarios from the least aggressive to moderate and most aggressive, and further outlined requested changes to the Land Use Code and Comprehensive Plan to assist in reaching the 02-22-05tc Page 2 of 6 goals. Shanks stated that the public/private partnership funding options would be submitted to the Financial Advisory Board for review and to provide a recommendation to Council. Sparhawk requested that the phrase “take the mountain out of the Village” be changed in reference to reducing the number of steps and climbing within the Village. She also requested further clarification regarding the location and reference to “The Benedict Trail”, cautioned against preventing certain types of businesses from coming to the Mall when recruiting to attain the proper mix of business types. In response to an inquiry made by Mel Blumenthal, Shanks listed the Mall business owners who are interested in participating in revitalization. Blumenthal suggested that the Mall business owners meet to determine a proper mix of Mall businesses, and expressed the importance of obtaining the appropriate mix to create vitality for the Village. Mordkin stated the need to develop regulations for tenant mix. Rick Griffin requested that Council consider construction of a pedestrian underpass in the Mall area and encouraged Council begin construction of special projects during the revitalization process to ensure their completion. Council discussed creation of a special zone district, the proposed review schedule and phasing. Wilkinson requested that the “State of the Comprehensive Plan” be completed before changes are made to the document regarding revitalization of West Village, and stated his preference for Scenario 3, which is the more aggressive of the optional plans presented. Mordkin requested that staff arrange for a public forum or some aggressive means to educate the public and allow for public comment on the proposed amendments to the Land Use Code. Wilkinson requested that staff investigate a means for skiers to access the Mall businesses on snow, stated his preference to relocate Snowmelt Road to allow pedestrians to access to the Mall without crossing the Road, include a fishing pond as requested by past Mayor Jeff Tippett, including appropriate Town services to the Mall area, and include attractive public spaces that would draw visitors to the Mall. Mordkin reiterated the importance of providing sufficient information to the public regarding the reasoning and the process for amending the Land Use Code and involving the public throughout the process, and stated a concern that amending the Land Use Code and Comprehensive Plan would not allow revitalization projects to begin until 2006 or 2007. Planning Director Chris Conrad outlined the process for review and development of “The State of the Comprehensive Plan”, and for amending the Land Use Code. After further discussion, Council directed staff to proceed. Item No. 3: RODEO 2005 Chris Kelly, Executive Director of the Snowmass Western Heritage Association (SWHA), stated her appreciation to Council for the financial loan that allowed SWHA to provide Rodeo events during the 2004 Summer season. She stated that in 2005 SWHA would be begin repayment of the funds that the Town loaned to SWHA in 2004, with no need for an additional loan in 2005 season. Kelly provided information from a 2004 survey of Rodeo attendees and reported that over half of the attendees were from out of State and outside the Country. Five percent of the attendees were from outside the Country. She outlined improvements that would be made to the event for the 2005 season and provided an overview of the 2005 Rodeo budget, which was included in the information packet for this Meeting. In response to an inquiry made by Wilkinson, the Public Works Director reported that in the past, the Town provided the Rodeo Operator with a reduction in rent for use of the facilities and necessary pre-season maintenance. NOTE: Council took a 15-Minute break at this time. 02-22-05tc Page 3 of 6 NOTE: Council determined that Agenda Item No.9 would be heard at this time. Item No. 9: DISCUSSION - ORDINANCE NO. 09, SERIES OF 2005 - CREATING SECOND HOMEOWNER’S BOARD CONSIDERATION OF AN ORDINANCE ESTABLISHING THE SNOWMASS VILLAGE SECOND HOMEOWNERS BOARD AND SPECIFYING ITS DUTIES. Town Clerk Rhonda Coxon explained that this draft Ordinance was a result of meetings held with Doug Faurer, Rick Griffin and a group of second homeowners interested in the concept of creating a Second Homeowners Board. She explained the request was to create a Board and provide a means of communication between Council, Town staff and the Second Homeowners. She stated that language would be included in the Ordinance stating that the Board would be made up of second homeowners who are not registered to vote in Snowmass Village. Rick Griffin explained that a large part of the community are second homeowners who do not have the right to vote in Snowmass Village and have expressed a desire to be heard on Town issues. He stated that the second homeowners also could provide a wide range of valuable knowledge resources to the Town. Griffin volunteered to assist the Board until it is stabilized and functioning. Second homeowner Mel Blumenthal explained that being prevented from voting in the community, the homeowners would like to create the opportunity to have a voice on community issues and to be of assistance to the Town. Council discussed length of terms for board members, a balanced mix of condominium, single-family and fractional homeowners as Board members, meeting schedule and the appropriate number of Board members. Council requested that staff provide a definition of a “resident” and a “non-resident”, Council determined that the Board should include 7 members representing a balanced mix of condominium, single-family and fractional homeowners, hold a minimum of 2 meetings per year, live in Snowmass Village, that the Board would serve in an advisory capacity, and that the advertising/nomination/appointing process would be conducted as for other Town Advisory Boards. Council directed staff to revise the draft Ordinance for Council consideration at the March 1, 2005 Council Meeting. Item No. 4: PUBLIC NON-AGENDA ITEMS There were no Public Non Agenda items. Item No. 5: COUNCIL UPDATES Staff Appreciation Wilkinson stated his appreciation to the Police Department and Town staff for their professionalism during a recent tragic event. Trail Symposium Wilkinson stated that he and Hunt Walker would be attending a Trial Symposium in March and that he would provide Council with a report at the next Town Council Meeting. 02-22-05tc Page 4 of 6 Base Village Construction Management Plan Sparhawk stated her appreciation to members of the Planning Department for taking the time to explain issues related to the Base Village plan. She requested that a simplified list of the Base Village Construction Management Plan be developed for public informational purposes. Testing Results/Development Impacts/Truck Pull-Off Sparhawk requested that the air and water quality test results be made available to the public, that staff meet with other resort towns regarding impacts realized during large development projects, and that construction trucks for projects other than Base Village be required to use the pull-off locations provided for Base Village construction vehicles Public Outreach Sparhawk reported that she recently attended a Woodrun V Homeowners Meeting for public outreach purposes. She stated that she plans to meet with other homeowner associations and invited other Council Members to join in the public outreach effort. Item No. 6: FIRST READING - ORDINANCE NO. 01, SERIES OF 2005 - STONEBRIDGE INN REZONING FIRST READING CONSIDERATION OF AN ORDINANCE APPROVING A REZONING OF CERTAIN LAND CONTAINING OR SURROUNDING THE STONEBRIDGE INN PROPERTY FROM SPA-1, SPECIALLY PLANNED AREA, TO MU-2, MIXED USE. Mordkin made a motion to approve First Reading of Ordinance No. 01, Series of 2005, seconded by Wilkinson. Planning Director Chris Conrad stated that the applicant received Minor Final PUD approval on September 15, 2003 to rezone their property from SPA-1 to MU-2 Mixed Use. The application was considered void when the applicant failed to meet the required deadline to submit a Final PUD Guide and Subdivision Plat within 90 days of the 2003 action. The applicant resubmitted a new Final PUD and rezoning application on August 24, 2004, which was within the one-year requirement for resubmission of the Preliminary PUD approval. The Public Hearing for the rezoning request is scheduled to occur in conjunction with Second Reading of this Ordinance. Conrad stated that all Stonebridge owners and all neighboring property owners within 300-feet of the property have been notified. Peter Thomas, representing the Rundells, owners of three Stonebridge units, questioned why this application was not reviewed by the Planning Commission, why a petition was not circulated and signed by 80-percent of the property owners as outlined in the Code, and referred to a statement made in the Ordinance that he felt to be invalid, which stated that the project would not have adverse impacts on neighboring properties. Conrad stated that a Planning Commission review is the discretion of Council, and that the Code was amended to remove the required petition. Thomas stated that the proposed construction would have adverse impacts on the Stonebridge units owned by his client. He stated that he would be prepared to discuss the issue in detail at the Public Hearing. Bob Kindig representing Morris Robinson, owner of 6 Stonebridge units, stated that the proposed construction would also create a negative impact on the Stonebridge units owned by his client. John Corcoran, representing the Stonebridge Inn Association, explained that the Association would be willing to do what they can to address the issues expressed by Mr. Thomas and Mr. Kindig. He stated that he has not recently received any complaints and that he felt the construction project would be a benefit to the Stonebridge Inn and the Town. Conrad stated that any written comments should be submitted to the Town by Wednesday preceding the date of the Meeting in order to be included in the Meeting information packet. After further discussion, Boineau called the question and First 02-22-05tc Page 5 of 6 Reading of Ordinance No. 1, Series of 2005 was approved by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. Item No. 7: FIRST READING - ORDINANCE 06, SERIES OF 2005 - STONEBRIDGE PUD FIRST READING CONSIDERATION OF AN ORDINANCE CONSIDERING APPROVAL OF A MINOR PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAN FOR THE “STONEBRIDGE INN CONFERENCE ROOM AND DECK ADDITION,” WHICH INCLUDES VARIATIONS FOR MAXIMUM HEIGHT, MAXIMUM FLOOR AREA RATIO, MINIMUM LOT AREA AND AN ALTERNATVE PARKING PLAN Wilkinson made a motion to approve First Reading of Ordinance No. 06, Series of 2005, seconded by Sparhawk. Council reviewed the Ordinance and requested necessary minor changes to the document. Mr. Thomas, representing the Rundells, owners of Stonebridge units, stated opposition to the proposed roof height and pitch, explaining that the roof pitch is inappropriate and would block the views of the Rundell units. Bob Kindig representing Morris Robinson, owner of 6 Stonebridge units, stated that his client’s opposition to the construction is also that the proposed roof height and pitch would block the views from Mr. Robinson’s units, and also stated that a flat roof would create a lesser impact. After further discussion, Mordkin made a motion to amend First Reading of Ordinance No. 06, Series of 2005, seconded by Wilkinson. The motion to amend was approved by a vote of 4 in favor to 0 opposed. Mayor Pro Tem Boineau called the question and First Reading of the Ordinance was approved as amended, by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. Item No. 8: FIRST READING - ORDINANCE NO. 08, SERIES OF 2005 - PUBLIC LEASES FIRST READING CONSIDERATION OF AN ORDINANCE RATIFYING AND REAFFIRMING THE OBLIGATIONS OF THE TOWN PURSUANT TO CERTAIN LEASE AGREEMENTS FOR PUBLIC PRUPOSES Segrest explained that in order to avoid paying property tax in conjunction with a lease, State law requires confirmation that the lease is for a government purpose. Mordkin made a motion to approve First Reading of Ordinance No. 08, Series of 2005 seconded by Wilkinson. Council discussed the length of the Town leases in comparison to construction of a Town Hall. After further discussion, First Reading of Ordinance No. 08, Series of 2005 was approved by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. Item No. 10: MANAGER’S REPORT There was no discussion. Item No. 11: APPROVAL OF MEETING MINUTES FOR 12-06-04, 12-13-04, 01-03-05, 02-01-05 AND 02-04-05 Sparhawk made a motion to approve the Meeting Minutes as listed above, seconded by Wilkinson. Sparhawk requested that under Item No. 2, third paragraph, the name “Mark Williams”be included as the other applicant, who agreed that this matter could be discussed as a regular agenda item. There being no further additions or corrections, the Minutes were approved as amended, by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. 02-22-05tc Page 6 of 6 Item No. 12: COMMITTEE REPORTS/CALENDARS Council/Staff Retreat Mordkin stated that a Council/Staff Retreat is scheduled for March 1, 2005 at 9:00 a.m. Private Shuttle Buses In response to an inquiry made by Mordkin, Segrest reported that staff recently discussed the safety issue of private shuttle buses from the Top of the Village and the Timberline dropping off and picking up passengers at various locations along the roadways. Mordkin requested that staff discuss the issue with the two associations in an attempt to address the issue. EXECUTIVE SESSION: TO DISCUSS PERSONNEL MATTERS RELATED TO HIRING A TOWN ATTORNEY At 7:45 p.m. Mordkin made a motion to convene to Executive Session for discussions regarding personnel manners related to hiring a Town Attorney. Council Member Wilkinson seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. At 8:05 p.m. Mordkin made a motion to reconvene the Regular Meeting, seconded by Wilkinson. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. Town Attorney Application Process Mordkin made a motion authorizing the Town Manager to finalize negotiations and make an offer to the chosen Town Attorney applicant. Sparhawk seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. Item No. 13: ADJOURNMENT There being no further business, Wilkinson made a motion to adjourn the Meeting. Mordkin seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. The Meeting adjourned at 8:05 p.m. This set of Minutes was approved by Town Council during a Meeting held on July 5, 2005.