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05-17-10 Town Council Minutes SNOWMASS VILLAGE REGULAR MEETING MINUTES MAY 17, 2010 CALL TO ORDER AT 5:00 P.M. Mayor Bill Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, May 17, 2010 at 5:00 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, and Arnold Mordkin. COUNCIL MEMBERS ABSENT: Reed Lewis, and Markey Butler. STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town Attorney; Hunt Walker, Public Works Director; Chris Conrad, Planning Director; Jim Wahlstrom, Senior Planner; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Mary Harris, Tripp Adams, Bryan Harding, John Galambos, Nathan Waldron, Julie Anne Woods and other members of the public interested in items on today's agenda. Item No. 2 PUBLIC NON AGENDA ITEMS There were no Public Non Agenda Items. Item No. 3 COUNCIL UPDATES Council Member Wilkinson reminded everyone of the Block Party on Saturday, May 22 at the Snowmass Chapel, Snowmass Wildcat Fire Protection District and Anderson Arts Center parking lot from Noon until 4:00 p.m. Council Member Wilkinson also stated there will be an EOTC meeting on June 3, 2010 in the Snowmass Village Town Council Chambers. Item No. 4 FINANCIAL UPDATE Town Manager Russ Forrest noted that Finance Director Marianne Rakowski will be joining the meeting by speaker phone to answer any questions. Forrest provided an update for the General Fund revenues, expenditures and balance, the RETT Fund revenuese and an overall summary. 05 -17 -10 TC Minutes Page 2 of 8 Forrest asked that Town Council consider giving back the furlough days to staff which comprises of $23,437 in the General Fund. The Council consensus was to give the furlough days back to staff. He noted that staff believes that the economic recovery is still slow and they remain financially cautious with the current budget. Staff would like to update this review of Town funds for the July 6th Council meeting and provide further recommendations at that time. Forrest also noted Council will need to discuss the refinance of Town Hall in July if they wish to place a question on the November ballot. Item No. 5 SUMMARY OF LAND USE CODE AMENDMENTS TO IMPLEMENT THE COMPREHENSIVE PLAN Planning Director Chris Conrad stated that on February 22, 2010, Ordinance No. 1, Series of 2010, was approved revising and restating certain portions of the Town of Snowmass Village Comprehensive Plan. Council discussed PUD development proposals, carrying capacities which include schools, roads, water, transportation, sewer and utilities. Council Member Mordkin suggested that staff review the presentation provided in the past by Winston Associates regarding transportation. Council consensus was to provide the Chapters and areas of concern to the Planning Commission for their review. Council will set the policies and Planning Commission will provide a review. Item No. 6 DISCUSSION SNOWMASS MOUNTAIN CONDOMINIUMS Senior Planner Jim Wahlstrom stated the purpose of this meeting is for the Council to hear a presentation by the Applicant regarding the changes to the project's scope, site layout, architecture, floor plans, access, parking, landscape, drainage, retaining walls, and other details. Also to review the core issues concerning the proposal pursuant to the staff and Planning Commission's findings and recommendations, then determine if the Development Agreement with the supplemental review procedures for future -phase Building M would be acceptable. Paul Taddune, the Attorney representing the Snowmass Mountain Homeowners Association, is also asking Council to consider a 10 year vesting plan for this proposal. He noted that the proposal seeks to amend the previous final PUD approval granted by Ordinance No. 7, Series of 2008. The amendment no longer proposes a decked parking structure, but does propose retaining the previously proposed snow melting of the surface driveway and parking areas along with the replacement of the existing 05 -17 -10 TC Minutes Page 3 of 8 retaining wall system. No significant additional parking is proposed, unless Building M is constructed in the future. The application also retains the exterior cosmetic changes for the existing condominiums. The number of free market units in new Building M, now proposed as a future phase would be reduced from 4 to 3 free market units with no restricted housing units in that building. No interior changes are proposed at this time in Building A. The existing manager's unit that is planned to be retained in the interim, would be converted to a restricted unit if Building M is constructed in the future per the applicant's proposed development agreement. Building A would also retain the conference room and workout room with no conversion of these spaces to affordable units. Representing the Applicant James Oslhon with the Neenan Company LLC, stated that the original project's cost estimate was sixteen million dollars and this proposal is five and a half million and basically covers the retaining walls, the drive surface snowmelt and the exterior renovation. Council consensus was to have further discussion in regards to the REOP fees and the request for ten years vesting by the applicant. The current code does not allow more than three years of vesting. Council Member Mordkin is not in favor of this project as presented, Council Member Wilkinson is concerned about the safety of the homeowners that would be affect by the failure of the retaining wall and Mayor Boineau has concerns with the vesting time period. Due to there only being three Council members present this item will be continued for further discussion to the June 7, 2010 Regular Town Council Meeting. The applicant invited the Town Council to the Snowmass Mountain for a site visit of the project. Staff will arrange the site visit prior to the next Regular Town Council Meeting on June 7, 2010. Item No. 7 FIRST READING ORDINANCE NO. 9 SERIES OF 2010 TIMBERLINE SPA Mayor Bill Boineau made the motion to approve First Reading of Ordinance No. 9, Series of 2010 for the Timberline SPA. John Wilkinson seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, and Mayor Bill Boineau. Voting Nay: None. Planning Director Chris Conrad stated The Timberline Condominium Association, Inc., is the applicant and requesting a minor amendment to the Timberline Spa to permit a new athletic club facility, spa and pool area. Council has been provided an updated application for their review. 05 -17 -10 TC Minutes Page 4 of 8 Representing the Timberline Condominium Association Julie Anne Woods of the Elk Mountains Planning Group, Inc. presented a PowerPoint presentations and summary of the proposed project. During this summary the Council also heard from the architect John Galambos, Bryan Harding from Landscape Architect and Nathan Waldron from Out of the Box Designs. The projects engineer was unable to attend tonight's meeting. The summary proposes to upgrade the facilities around the pool areas and the ground within the complex. The exterior improvements will be located near the existing pool area and will include a new replacement pool with integrated spa and a separate spa with waterfall feature that will be located southeast of the existing facility. the existing pool area will be filled in and will be used as a flex space with seating and gardens to hold small weddings and special events. Adjacent to the new pool and spa area and attached by a common wall to the existing 1,390 sq. ft. meeting area will be a new exercise building with lockers and a steam room addition being approximately 1,137 sq. ft. in size. The existing mechanical space will remain and a new mechanical room will be incorporated into the new addition and existing laundry room, being approximately 493 sq. ft. in size, will be removed and new laundry facilities will be placed in the former exercise area of the existing meeting /conference area /athletic facility. The Applicant also proposes the addition of a hot tub /spa in the courtyard adjacent to Building J -3. The spa will be partially submerged into the ground and will be landscaped. Town Council discussed the following issues; cash in lieu for 125 sq.ft of housing mitigation, easements around and throughout the property and with adjacent properties, land swap agreement with SVRA, snowmelt and REOP options. Item No. 8 FIRST READING -ORDINANCE NO 12 SERIES OF 2010- EXTENSION OF MORATORIUM John Wilkinson made the motion to approve first reading of Ordinance No. 12, Series of 2010 Extending the Moratorium. Arnold Mordkin seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, and Mayor Bill Boineau. Voting Nay: None. Council Member Mordkin inquired about a Village -wide moratorium and Council consensus was to put this item on the June 7th agenda for further discussion. Item No. 9 FIRST READING ORDINANCE NO. 11 SERIES OF 2010 ORDINANCE REVIEW 05 -17 -10 TC Minutes Page 5 of 8 John Wilkinson made the motion to approve first reading of Ordinance No. 11, Series of 2010 conducting an ordinance review and re- enacting all ordinances of a permanent nature as prescribed by the Home Rule Charter. Arnold Mordkin seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, and Arnold Mordkin. Voting Nay: None. Item No. 10 MANAGER'S REPORT Country Club Townhome #59 Town Manager Russ Forrest stated he distributed an updated Manager's report for Council review prior to the meeting. He stated the owners of Country Club Townhome Number 59, Dave and Mary Harris won the lottery for the Crossings home. Mary sent an email to the Town Manager inquiring if the Town was interested in purchasing this unit. He noted the Town's goal has been to purchase these units and resell them as free market units to avoid future homeowner assessment problems. The Harris' need to know as soon as possible if Town is going to purchase this unit so they can proceed with financing. The resale price for the CCTH #59 is $406,157.78 and this would be the Town's purchase price for this unit. Council consensus was to purchase the CCTH #59 from Dave and Mary Harris a resell on the free market with the money being returned to the Town's Excise Fund. John Wilkinson made the motion to approve directing staff to draft a contract to purchase CCTH #59. Arnold Mordkin seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, and Mayor Bill Boineau. Voting Nay: None. Council Member Wilkinson would like to discuss the sales price of the last two Country Club Townhomes that were sold. He has concerns with the sales price's and we may be leaving some money on the table. Council consensus was to discuss with the Town's broker and Joe Coffey at a future meeting. Creekside Villas North Deck Replacement Town Manager Russ Forrest stated the exterior apartment decks on the Creekside and Villas North apartment buildings are in need of repair and renovating to meet the current building codes. The Creekside decks are 30 years old and the Villas North decks are now 27 years old. At the time these decks were built, the required spacing between pickets and rails was much greater than today's code requirement of a 4" maximum spacing. Some of these decks have a picket and rail spacing of 6" to 8" inches or more 05 -17 -10 TC Minutes Page 6 of 8 and this is not safe for small children. In addition these decks need replacement due to the age of the decks and in some cases the support members. The other major concern about these decks is the deck load capacity and support posts are being added to prevent a possible deck failure. Joe Coffey would like to solicit bids from three or more qualified contractors for the deck renovations and then request Council approval to use the Housing Excise Tax Funds to finance the deck renovations. $5,900,000 is the estimated fund balance at the end of 2010 for the Housing Excise Tax Fund. Joe Coffey recommends that this work be completed this summer to prevent a potential accident from occurring. Once, the Housing Department has received the bids and reviewed the pricing staff will present a specific proposal to the Town Council for their consideration. Staff simply wanted to inform the Town Council that a bid process was to occur and that a proposal would be presented to the Council after that process is completed. Council consensus was to move forward with these projects. Snowmass Village Citizenship Award Town Manager Russ Forrest noted in the TOSV has awarded five individuals the Snowmass Village Citizenship Award. The award has gone to: 1990 Emmy Lou Badger, in 1992 Terry Long, in 1996 Ben Rawlins, in 2000 William Marilyn Getz and in 2006 William Cowan. There has never been a formal process for this award. In the past a Council Member or a citizen would bring to Town Council's attention and the Council would vote on the individual being awarded. We have a plaque that hangs in the Council Chambers and the individual would be invited to a Town Council meeting and presented with a Mayor's proclamation. Would the Town Council be interested in developing a procedure, criteria and nominating process to honor a special citizen of Snowmass Village? The Council consensus was not to develop a process, and they will submit nominations as they see appropriate. Split Rail Fence on Brush Creek Town Manager Russ Forrest noted that Council requested an update on fixing the split rail fence along Brush Creek Road. Public Works crews have already completed repairs on the Brush Creek fence from the Roundabout up to Snowmass Club Lane. In inspecting the fence from Snowmass Lane Road up Brush Creek (on the golf course side of the road) to just below the Blue Roofs it was found that the fence is deteriorating and requires significant repairs. The cost of the materials to fix the fence is estimated at $10,000 which is not budgeted in the RETT fund. However, if the Town reduced the length of the fence from Snowmass Club Lane up to approximately Wood Road (below the 20 mph curve) we could fix the fence by using materials that are removed above Wood Road. Council consensus was to remove a section from approximately Meadow Road to the Homestead complex. EOTC Meeting There will be a EOTC in the Snowmass Village Council Chambers at 4:00 p.m on Thursday, June 3, 2010. 05 -17 -10 TC Minutes Page 7 of 8 Item No. 11 AGENDA FOR NEXT TOWN COUNCIL MEETING The Town Manager Russ Forrest and Council reviewed and discussed the Agenda for June 7, 2010. Item No. 12 APPROVAL OF MEETING MINUTES FOR *April 19, 2010 May 3, 2010 John Wilkinson made the motion to approve the Regular Meeting Minutes for Monday, April 19, 2010. Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, and Arnold Mordkin. Voting Nay: None. John Wilkinson made the motion to approve the Regular Meeting Minutes for Monday, May 3, 2010. Arnold Mordkin seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, and Arnold Mordkin. Voting Nay: None. Item No. 13 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Town Clean Up Day Town Clerk Rhonda Coxon reminded the Public about the 29th Annual Town Clean Up Day on Friday, May 21, 2010 beginning at 9:00 a.m. at the Recreation Center with a BBQ following at 12:00 noon. CML Conference Town Manager Russ Forrest noted that the CML Conference will be in Breckenridge this year on June 23 -25, 2010. Early registration ends on May 21, 2010. Sleigh Trail Council Member Wilkinson noted that there is a sink hole in the Sleigh Trail. Town Manager will address with staff. Item No. 14 ADJOURNMENT At 9:03 p.m. 05 -17 -10 TC Minutes Page 8 of 8 John Wilkinson made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, May 17, 2010. Arnold Mordkin seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, and Arnold Mordkin. Voting Nay: None. Submitted By, Rhonda B. Coxon, Town Clerk