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04-18-05 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES APRIL 18, 2005 Mayor Mercatoris called to order the Regular Meeting of the Snowmass Village Town Council at 4:06 P.M. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Douglas Mercatoris, Bill Boineau, John Wilkinson, Sally Sparhawk, and Arnold Mordkin COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Mike Segrest, Town Manager; Hunt Walker, Public Works Director; David Peckler, Transportation Director; Joe Coffey, Housing Manager; Jim Wahlstrom, Senior Planner; John Dresser, Town Attorney; Laurie Smith, Animal Services Officer; Tina White, Animal Services Officer; and Donna J. Garcia-Spaulding, Deputy Town Clerk PUBLIC PRESENT: Jim Gustafson, Sofia Veniard, T. Michael Manchester, Mark Stout, Jerome Simicek, Doug Mackenzie, Victor Gerdin, Dave Bellack, Dean Gordon, and other members of the public interested in Agenda items for this Meeting. DISCUSSION AGENDA Item No. 2: RESOLUTION NO. 16, SERIES OF 2005 CONSIDERATION OF A RESOLUTION AUTHORIZING JIM GUSTAFSON A MEMBER OF THE TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION TO SPEAK BEFORE TOWN COUNCIL AND ANSWER QUESTIONS REGARDING THE NEW TOWN HALL PROJECT. Town Manager Mike Segrest provided Council with information relating to the core issues of discussion and stated that Jim Gustafson is a Member of the Town of Snowmass Village Planning Commission and within the meaning of the Town Code of Ethics per Section 2-97(a) of the Snowmass Village Municipal Code. Segrest stated that Mr. Gustafson has requested Town Council to approval of his appearance on behalf of the Town Hall project. 04-18-05tc Page 2 of 9 There being no further discussion, Council Member Mordkin made a motion to Approve Resolution No. 16, Series of 2005, seconded by Council Member Sparhawk. The motion was approved by a vote of 4 in favor and 1 opposed. Council Member Wilkinson opposed. Item No. 3: TOWN HALL PRESENTATION Town Manager Mike Segrest stated that the purpose of today’s discussion is to determine whether or not a new Town Hall is needed, is the Point/Draw site an acceptable location, what sort of design characteristics should the building have, and how will the Town pay for the facility? Segrest provided Council with a brief historical explanation and stated that when the Town of Snowmass Village was incorporated in 1977, the practice of renting space for municipal offices was considered a temporary arrangement; with the pending re-development of the Snowmass Center and recognition that the existing municipal office facilities are substandard, Town Council has identified the new Town Hall development as a priority project. He stated that in the year 2002, Jim Gustafson and his firm known as the Z Group Architects were hired to conduct a Town Hall program and site selection study. With the completion of the land use process for Base Village, this process has become more focused and the Point/Draw site has emerged as the prior Town Council’s preferred location for the new Town Hall. Z Group Architects Representatives Jim Gustafson and Sofia Veniard provided Council with a PowerPoint presentation that included a brief overview of the programming elements of the project, an analysis of the Point/Draw site and some generic building forms; and four sites including the Snowmass Center, Entryway, remote sites, and the Snowmass Mall. They provided visuals depicting an analysis matrix, site studies and the final site selection at the Point/Draw site. Council and the Applicants compared the Entryway site and the Point/Draw site and reviewed topography up Brush Creek Rd. Gustafson and Veniard provided Council with a summary of comments obtained from the public during a recent Community Forum Meeting. He stated that no one questioned the need for a new Town Hall facility during that meeting and that staff will continue to solicit input from the community as this project moves through the Land Use Process. Council and staff discussed financial costs associated with the Town Hall project, funding options including a Certificate of Participation (COP). However, a General Obligation Bond (GOB) supported by a mill levy increase would be the least impactive on the General Fund. If Town Council wishes to put forth a bond question on the November ballot, staff would recommend that it be a combined issue with additional funding to expand the pool/recreation center project. As 04-18-05tc Page 3 of 9 discussed during the recent review of the Capital Improvement Program, (CIP), a bond issue of $6 million to $7 million could fund these two projects with an increase in the mill levy of $2 million. Staff recommendation is to approve the Point/Draw site and proceed to the Land Use Process and initiate the procedure for taking a GOB proposal to the public. Council discussed the possibility of separating this as two questions on the November ballot. Housing Manager Joe Coffey stated that when knowledge of what the mix and demand is determined, that Gustafson and he might have a discussion of appropriate road alignment that allows for future growth. After further discussion Council Members Wilkinson, Sparhawk, Mordkin, and Mayor Mercatoris spoke in favor the Draw/Point site location for the New Town Hall project. Council Members Boineau spoke in opposition to the Draw/Point site location for the New Town Hall project. Council majority requested that the Applicant investigate the costs associated with including a post office facility within the project, inclusion for natural lighting, parking lot asphalt being minimized, and allowances for future expansion. Former Mayor T. Michael Manchester stated that he prefers the Draw/Point site location for the new Town Hall and recommended that the building architecture have recognition of a government building by the community. He stated that this site is an integral part of the Town and should be recognized as an icon a distinct character and sense of permanence that fits well now and in 20 years from now. The building should be used for multi-function purposes. Item No. 4: 2005/06 WINTER PARKING AGREEMENT The Transportation Director David Peckler provided Council with the elements of the proposed parking agreement, which combines the Construction Management Plan for Base Village with the existing parking plan. Peckler explained that the plan assumes that the capacity of the Rodeo lot, Tow Creeks lots, Lot E and the numbered lots will be the same as last year; that there will be 150 parking spaces at the golf clubhouse and 30 spaces at the Aspen Skiing Company’s (ASC) maintenance facility; residents parking in the base area will move to the numbered lots or pay to park in the Two Creeks lots; ASC employees will be relocated from the Base lots to the Golf Clubhouse and ASC maintenance facility; and day skiers will be dispersed between the Base area, Town Creeks and the Rodeo lots. Peckler further explained that in an effort to minimize any impact to the numbered lots from ASC employees, the ASC has agreed to a limit of 150 of the Town’s employee permits for the numbered lots, possibly using 50 of the new Restricted Employee permits (this would be a 25% reduction from last winter). The Restricted Employee permit will limit parking to lots 10 and 11, with the hope to relocate roughly 30 vehicles a day that are parking in lots 2 and 3 to lots 10 and 1, with preservation of resident’s access to the slopes from lot 12. 04-18-05tc Page 4 of 9 Peckler referred Council to a worksheet attached with today’s packet of information, that shows the parking locations and capacities in the proposed agreement, projections of the use of the parking lots based on historic data from parking surveys in March, and maximizing the use of the Two Creeks and Rodeo parking lots critical to managing the parking. Peckler spoke to recitals within the agreement and stated that the Town and ASC have agreed to share and coordinate the management of parking operations and facilities within Snowmass Village for the winter season of 2005/06. Council and staff discussed cost of permits and who to charge; traditional use of the numbered lots and traditional use; and preservation of residential access from Lot 12; the possibility of expanding services from the Rodeo close to 7 o’clock. After further discussion, Council took a straw vote with Council majority. NOTE: Council took a 15-minute break and reconvened the Regular Meeting at 6:00 p.m. Item No. 5 PUBLIC NON-AGENDA ITEMS There were no comments at this time. Item No. 6: COUNCIL UPDATES Autistic Cross Walk Sign Council Member Sparhawk stated that she received a request from a family of the community, who have an autistic child that crosses Lower Carriage Way to catch the bus to school and the Mother is requesting that a sign similar to the “Deaf Child” signs be put up for safety purposes. After further discussion, the Public Works Director stated that he would follow-up. Numbered Lot one-way Sign Council Member Wilkinson thanked that department responsible for putting up a Left Turn sign located at the Rodeo Lot and requested that a similar sign at the Numbered Lots be placed at the one-way loop going down the hill. Rodeo Area Request Council Member Wilkinson stated that during the recent Community Forum Meeting a request came forward for staff to investigate assessments at the Country Club Town homes for the free market units and offer the same for the current Country Club Town home employees. After further discussion, Mayor Mercatoris stated that this merits some discussion relating to deed restricted housing issues. 04-18-05tc Page 5 of 9 Sinclair Road Speed Bump Devices Council Member Wilkinson requested that staff investigate costs associated with placing calming devices/speed bumps for the traffic located at Sinclair/Meadow Road. He further stated that the Moisemans house backs up to Sinclair Road and they have noticed bike riders going fasters than cars are traveling. Sparhawk commented in support of anything to keep speeds down. Item No 7: MAYOR’S PROCLAMATION NO.1, SERIES OF 2005 CONSIDERATION OF A PROCLAMATION RECOGNIZING THE LAUNCH OF CGTV COMMUNITY GOVERNMENT TELEVISION. Mayor Douglas Mercatoris provided detailed information relating to the Mayor’s Proclamation and stated that the Town of Snowmass Villag3e, City of Aspen and Board of Pitkin County Commissioners welcome Community Government Television (CGTV), Channel 11 as the new home of governmental meetings. The Mayor explained that Channel 11 comes in response to a growing need for more airtime by the three government entities and by Grassroots TV. Mayor Mercatoris read the Mayor’s Proclamation No. 1, Series of 2005 recognizing the launch of CGTV community government television. Item No. 8: PUBLIC HEARING AND FIRST READING – ORDINANCE NO. 12, SERIES OF 2005 – ASPENWOOD CONDOMINIUM REZONING TOGETHER WITH A FINAL PUD AND SUBDIVISION PLAT PUBLIC HEARING AND FIRST READING OF AN ORDINANCE CONSIDERING AN APPLICATION BY THE ASPENWOOD CONDOMINIUM ASSOCIATION, INC. TO REPLAT AND REZONE CERTAIN LAND CONTAINING AND SURROUNDING THE ASPENWOOD CONDOMINIUMS FROM SPA-1, SPECIALLY PLANNED AREA, TO MU-2, MIXED USE; IN CONJUNCTION WITH THE FINAL PUD TO ALLOW MODIFICATIONS AND ADDITIONS TO THE EXISTING COMPLEX AND FINAL SUBDIVISION PLAT APPLICATION SUBMITTED BY THE ASPENWOOD CONDOMINIUM ASSOCIATION, INC. FOR LAND BOUNDED BY FALL LANE, GALLUN LANE, CARRIAGE WAY (SNOWMELT ROAD) AND SONNENBLICK CONDOMINIUMS. Mayor Mercatoris opened the Public Hearing at 6:11 p.m. Council Member Wilkinson disclosed that the Aspenwood Condominium Association, Inc. and Village Property Management are business associates he deals with. Wilkinson stated that he does not feel that his association with the two businesses would interfere with his ability to review Ordinance No. 12, Series of 2005. Council Member Mordkin made a motion to approve First Reading of Ordinance No. 12, Series of 2005 seconded by Council Member Boineau. 04-18-05tc Page 6 of 9 The Senior Planner Jim Wahlstrom stated that all requirements for the public hearing notices for the re-zoning of the plat have been met. Wahlstrom explained that the primary focus of this project is to renovate the existing Aspenwood buildings. Wahlstrom provided Council with detailed information and staff questions relating to this ordinance including whether or not the Minor Final PUD application consistent with the review standards set forth in Section 16A-5- 310 of the Snowmass Village Municipal Code; is the rezoning to Mixed-Use-2 consistent with the review standards set forth in Section 16A-5-220(e) of the Snowmass Village Municipal Code; and is the Subdivision replat consistent with the review standards set forth in Section 16A-5-450(3) of the Snowmass Village Municipal Code. Findings will be transferred to Second Reading during a Town , Council Meeting scheduled for May 22005. He stated that staff recommends adopting Ordinance No. 12, Series of 2005. Representatives of the Aspenwood Condominium Association Jim Gustafson, Sophia Veniard and Jerome Simicek were available for questions from Council. Council, staff and the Applicant then reviewed Exhibits A - D and discussed existing floor plan and floor space, balconies, colors and materials, stairway on the towers, elevator requirements, and site plan sidewalks. There being no further comment from the Public, Mayor Mercatoris closed the Public Hearing at 6:30 p.m. and continued the Public Hearing to May 2, 2005. Council Member Mordkin made a motion to approved First Reading of Ordinance No. 12, Series of 2005, seconded by Council Member Boineau and upon a vote of 5 in favor and 0 opposed. Item No. 9: MANAGER’S REPORT Krabloonik Facility Inspection Town Manager Mike Segrest explained that due to recent publicity surrounding th the Krabloonik operation, that on April 12, Cynthia Thompson from the State Department of Agriculture, Division of Animal Industry and the Town’s Animal Services Officers Laurie Smith and Tina White conducted a routine annual inspection of the Krabloonik kennels and reviewed operation practices with Owner of the facility Dan MacEachen. Segrest stated that Ms. Thompson will be issuing a written report on her findings and that overall Thompson found the facility and operational practices to be in compliance with State guidelines and applicable laws. Owner of the Krabloonik facility Dan MacEachen is aware that Thompson had noted a couple of minor violations with regards to fencing and drainage, as well as improvements to some of the individual dog shelters and that he will make the upgrades in a timely manners as allowed by the State. MacEachen further has adopted a program that would include different euthanasia and disposal practices and a consideration of an economical spray and neuter program. 04-18-05tc Page 7 of 9 Council Member Mordkin commended Mr. MacEachen for his prompt responsiveness and making changes mentioned above. After further discussion Council requested that the Town’s Animal Services follow up with the State inspector regarding these voluntary improvements. Woodrun Lift Removal Town Manager Mike Segrest advised Town Council that the revised Construction Management Plan (CMP) of the Snowmass Mountain Final PUD application thth indicates the removal of the Woodrun lift by May 6 to May 28, 2005. Segrest stated that this application was submitted late September 2004 just before Council’s action on the Base Village Final PUD in October 2004. The Snowmass Mountain Preliminary Plan application also indicated removal of the Woodrun lift in 2005, which was in conflict with the Base Village CMP at the Time. This may have been altered as a result of the Applicant agreeing to retain the Burlingame lift. The Base Village CMP called for the phase removal of the Woodrun lift and that it would be operational during the initial phase of the Base Village development by the relocation of the bottom terminal to the Aqua Center site. Segrest further explained that as the Snowmass Mountain final PUD and CMP appear to have superseded the Base Village decision on this matter, staff recommends that an Administrative Modification be submitted by the Applicant to amend the provisions in the Base Village CMP concerning the Woodrun lift removal and approved administrative action, subject to Town Council feedback and comments. Memorandum From John Dresser Regarding Peter Moore Mayor Mercatoris stated that the Snowmass Sun originally confronted the last Council and this council and had John Dresser investigate possible ethics questions. Town Attorney John Dresser stated that he has investigated the possible ethics question regarding Peter Moore’s service on the Marketing and Special Events Board (MSEB) and it appears that some time after Mr. Moore was appointed that he was asked to assist Mary Kenyon with her own marketing business by assisting her to secure financing. He assisted her in starting up Real Time Marketing, LLC by being an accommodation maker on the initial promissory note made by her in favor of Alpine Bank. Dresser stated that it is his understanding that Mr. Moore was never a Member of the LLC and all the filings with the Colorado Secretary of State bear this out. There is no indication in any filing with the Secretary of State that Mr. Moore ever had any ownership interest in the LLC and he confirmed this during our interview. When Real Time Marketing was later considered for some market consulting work for the Marketing and Special Events Board, that Mr. Moore disclosed the fact that he had assisted RTM to acquire funding and according to Town Attorney Stephen Connor Mr. Moore did in fact recused himself from future deliberations of the MSEB regarding RTM. 04-18-05tc Page 8 of 9 Mr. Moore has since discontinued his role as accommodation maker for RTM on any promissory notes. Dresser further stated that Mr. Moore has no ethical problems in continuing to serve on the MSEB and no past ethical problems regarding MSEB decisions regarding RTM and that Mr. Moore has complied with the requirements of the code by disclosing his interest and recusing himself from decisions regarding RTM. Mr. Moore has not received any gift or other favor designed to influence the performance of his duties. Lastly, Dresser stated that contracts are executed by the Town Manager; Mr. Moore is not the official or employee who actually authorizes contracts and the MSEB is merely a recommending Board. Item No. 10: APPROVAL OF MEETING MINUTES FOR 01-18-05 There being no discussion or amendments, Council Member Sparhawk made a motion to approve the Meeting Minutes for January 18, 2005, seconded by Mayor Mercatoris. The motion was approved by a vote of 5 in favor and 0 opposed. Item No. 11: COMMITTEE REPORTS/CALENDARS Recognition of Carey Shanks In response to an inquiry by Council Member Sparhawk, Segrest stated that nd during the May 2 Town Council Meeting Carey Shanks would be recognized with a resolution of appreciation for his fine work here in Snowmass Village. Reminder of Bus Service Curtailment Council Member Mordkin stated to the television viewers and everyone that the bus services during the late evening hours have been curtailed and that only one bus is running at that time intra Village for approximately a half (1/2) hour so please check the bus schedules for safe traveling purposes. RFTA Rails Pulled Council Member Boineau stated that during a RFTA Meeting last week it was decided that the rails would be pulled and salvaged for future use. He stated that the trail would be a widely used in the very near future. Bear Alert Council Member Wilkinson stated that the bears have come out of hibernation and warned the community to latch their windows and doors; it is time to practice good wildlife habits. EOTC MEETING Mayor Mercatoris stated that he is happy to report that all Members of the Town of Snowmass Village will be present at the up-coming Elected Officials Transportation Committee Meeting and requested that the Administrative Assistant provide Council Member with a copy of the IGA included in the last EOTC packet. 04-18-05tc Page 9 of 9 Item No. 12: ADJOURNMENT There being no further discussion, Council Member Mordkin made a motion to adjourn the Regular Meeting, seconded by Council Member Boineau. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 6:45 p.m. This set of Minutes was approved by Town Council during a Meeting held on May 2, 2005. Respectfully Submitted By: