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09-06-05 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES SEPTEMBER 06, 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; David Peckler, Transit Manager; John Dresser, Town Attorney; Jason Haber, Economic Resource Director; Kathleen Milbrath, Public Relations Officer and Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Carolyn Purvis, Bob Purvis, Jeff Tippett Jim Gustafson, Mery Little, Valerie Alexander, Madeleine Osberger and other members of the Town Council interested in today’s Agenda items. Mayor Mercatoris express thought and prayers for the folks in the Gulf Coast and asked for a moment of silence for those effected. DISCUSSION AGENDA Item No. 2: FORMATION OF A TOWN HALL CITIZEN’S ADVISORY COMMITTEE Mayor Mercatoris reported that at the last Town Council Meeting members expressed concern that the Town Council was moving too quickly on the location of the Town Hall Site and it would be very responsible of the Town Council to form a Town Hall Citizens Advisory Committee to review the Town Hall information and make a recommendation to Town Council. He suggested that today the Town Council decide the programming and report back before the election. The financing of this project will be decided on at the November election and should not be addressed by this committee. Town Council would th like to have the recommendation of the committee by October 17 or if the 09-06-05tc Page 2 of 8 th committee is done prior to that date they may possibly report at the October 10 meeting. Council would also like to appoint a Town Council liaison to attend these committee meetings along with the Town Manager Mike Segrest. Mayor Mercatoris opened for Public Comment at this time. Jeff Tippett Snowmass Village Resident Stated his comments have been addressed he was thinking when reading the packet who in their right mind would want to serve on a committee with their hands tied behind their back but if you are willing to open it up the discussion of rent versus build, when to build, if you are going to build when to build and where to build I think that makes a lot of sense. He also congratulates Kathleen on the piece in the Snowmass Sun but has a word of caution however at least when I was an elected official there was a state statute that prohibited election officials or Municipalities from electioneering to promote a certain ballot issues, you have a funding issue on the ballot and you are on the edge of being in violation of that law by some of the articles that appear in that publication. You need to be cautious and seek legal advice. Mery Little Snowmass Village Second Homeowners Advisory Board I read through the packet at it said the information would be put together by stth January 1 but it now states October 17 and she is glad to see that. Little asked what Board the Second Homeowners should report back to the Town Council or the Ad Hoc Advisory Committee. Mayor Mercatoris stated the Town Council. In response to a question by Public Relations Officer Kathleen Milbrath, Mayor Mercatoris stated that this committee is strictly for the Town Hall project and that after the recommendation is provided to Town Council this committee will dissolve. Bob Purvis Snowmass Village Resident Commented on the “Charge” to the Committee in the packet and stated it would be good for the Public to know this is not a limited list for the committee. Council Member Wilkinson made a motion to appoint an Ad Hoc Advisory Committee for the purpose of Town Hall discussions, seconded by Council Member Sparhawk. The motion was approved by a vote of 5 in favor to 0 opposed. Town Manager Mike Segrest reviewed the application process and Town Council appointed Council Member Wilkinson as the Town Council liaison to the Committee. Bob Purvis Snowmass Village Resident 09-06-05tc Page 3 of 8 Spoke to appointing a Chairman in advance to be reviewing the information while the rest of the board is being appointed. Mayor Mercatoris thanked Purvis for the suggestion but preferred to appoint the entire board at the same time. The information will be ready at the meeting appointing the committee for the members. Applications are available at the Town Clerk’s office and on the Web site. The deadline for this process is th Wednesday, September 14 at 5:00 p.m. All committee meetings will be open to the public. Town Council took a 15-minute break at this time. REGULAR AGENDA Item No. 3: PUBLIC NON-AGENDA ITEMS Pool Ground Breaking Public Relations Officer Kathleen Milbrath stated there would be a Pool ground th breaking on Monday September 12 at 10:00 a.m. at the Pool site. Item No. 4: COUNCIL UPDATES All About Town Council Member Sally Sparhawk thanked the staff for a job well done. Jazz Aspen Mery Little thanked the Town Staff for all the hard work during the Labor Day Festival it appeared that everything went smoothly. Mayor Mercatoris on behalf of the Town Council took this opportunity to thank the Transportation, Road, Police, Animal Control and Traffic officer and every other Town department for the advance planning and hard work during the festival. It was a truly wonderful event and everyone did a tremendous job. Item No 5: RESOLUTION NO. 37, SERIES OF 2005 CONSIDERATION OF A RESOLUTION SUPPORTING THE COLORADO ECONOMIC RECOVERY PLAN LEGISLATION BEING PRESENTED TO THE VOTERS OF THE STATE IN REFERENDUMS C & D Council Member Sparhawk made a motion to approve Resolution No. 37, Series of 2005, seconded by Council Member Boineau. Transit Manager Dave Peckler st spoke to the recession and economic downturn of the early part of the 21 century has severely impacted the State’s ability to move forward major highway projects, or improve facilities of the K-12 schools and the State’s universities and 09-06-05tc Page 4 of 8 colleges, and payoff the State’s unfunded share of the Fire and Police member’s retirement fund. Within the listing of the highway projects are transit projects including on for RFTA. These are the first transit projects to receive direct state funding. Peckler further explained the referendums; Referendum C: Allows the State to retain all revenue above the existing limits in TABOR legislation for five years – July 1, 2005 to June 30, 2010. The Referendum eliminates the “ratchet effect” of TABOR and the economic downturn by “rebasing” the TABOR limit to the year with the highest revenues from 2005 to 2010. It allows for annual increases equal to growth plus inflation thereafter. It mandates that the revenue be spent only for: K-12 education, health care for the elderly, financial assistance for Colorado’s Universities and colleges, and allows bonding for road and bridge projects. All of which requires annual reports on how the revenues are spent. Referendum D: Authorizes the State to bond up to $2.07 billion to: repair highways and bridges, construct, repair and maintain K-12 schools, appropriates funding to help with the construction, repair and maintenance for the State’s universities and colleges, provides funding for the State’s share of the fire and police member’s retirement fund, RFTA maintenance facility upgrades and allows the State to retain additional funds in 2011 for debt-service. Council Member Mordkin moved to amend Resolution No. 37, Series of 2005, seconded by Mayor Mercatoris, in the eighth “Whereas” the amount of “$855,00” be amend to the correct number which is “$855,000”, the motion was approved by a vote of 5 in favor to 0 opposed. Item No. 6: PUBLIC HEARING AND SECOND READING – ORDINANCE NO. 10, SERIES OF 2005 PUBLIC HEARING AND SECOND READING CONSIDERATION OF AN ORDINANCE APPROVING THE REZONING TO ‘RECREATION’ AND THE SPECIAL REVIEW IN COMBINATION FOR THE TOWN ENTRYWAY POOL PROJECT, LOCATED ON LAND INVOLVING: 1) A PORTION OF PARCEL “G” OF THE HORSE RANCH PUD ZONED ‘PUBLIC’ ALONG THE EAST SIDE OF CURRENT HORSE RANCH DRIVE, 2) A MAJORITY OF PARCEL “H” OF THE HORSE RANCH PUD ZONED ‘COMMUNITY COMMERCIAL,’ 3) A PORTION OF THE “INTERCEPT LOT RODEO GROUNDS” ZONED ‘COMMUNITY COMMERCIAL,’ AND 4) A PORTION OF THE “STABLES FACILITIES PARCEL” ZONED ‘MIXED-USE-PUD,’ COMPRISING A TOTAL OF APPROXIMATELY 2.027 ACRES. Mayor Mercatoris opened the Public Hearing for Public comment at 5:12 p.m. Planning Director stated that all posting and publishing requirements have been satisfied by the applicant and staff recommends Second Reading approval. There being no further Public comment the Public Hearing was closed at 5:13 p.m. 09-06-05tc Page 5 of 8 Council Member Mordkin made a motion to approve Second Reading of Ordinance No. 10, Series of 2005, seconded by Council Member Sparhawk. In response to a question by Council Member Mercatoris, Town Manager Mike Segrest stated that there is a comparable number of parking spaces this winter although there will not be any spaces striped and gravel so it will be a little more inefficient. He also stated the Town Council would like to do a site visit as stated in number 14 on page 17 of the Packet. A roll-call vote was taken and the motion was approved by a vote of 5 in favor to 0 opposed. Valerie Alexander provided information and pictures on the solar panels that were request by the Town Council. She explained that the entire design team feels the panels should be located and intergraded at the south gable. These will be used to provide hot water to heat the lap lanes. She noted that the solar panel would be included in the mock up of materials for Town Council review. Alexander is working with Aspen solar and they have agreed to extend warranty for five year. Council Member Mordkin does not feel the visual appearance is a very good design and feels this affects the aesthetics of a very large roof. Bob Kauffman stated support in Mike Segrest’s comment regarding adding more solar panels and this would show continuity and would aesthetically pleasing. Mayor Mercatoris stated his agreement with the solar panels but reminded the design team that there is a need to provide a level of detail regarding the design, non-reflective and the color that will meet Council’s expectations. This is a public building that will be seen by all those entering the Village and must be aesthetically pleasing. Item No. 7: PUBLIC HEARING AND SECOND READING – ORDINANCE NO. 15, SERIES OF 2005 PUBLIC HEARING AND SECOND READING CONSIDERATION OF AN ORDINANCE CONSIDERING AMENDMENTS TO SECTION B(3), COMPREHENSIVELY PLANNED AREAS, OF CHAPTER SIX OF THE SNOWMASS VILLAGE COMPREHENSIVE PLAN PURSUANT TO THE PLANNING COMMISSION 2005 STATE OF THE COMPREHENSIVE PLAN REPORT Mayor Mercatoris opened the Public Hearing for Public Comment at 5:31 p.m. Planning Director that First Reading of this Ordinance occurred on August 1, 2005 and at that meeting the Town Council directed staff to remove all reference to the annexation and that will go back to the Planning Commission for more discussion. Conrad states that the applicant has satisfied all posting and publishing requirements and staff recommends Second Reading approval. 09-06-05tc Page 6 of 8 Council Member Boineau made a motion to approve Second Reading of Ordinance No. 15, Series of 2005, seconded by Council Member Mercatoris. Council Member Sparhawk stated that on page 59 of the packet line 113 is confusing and asked for clarification of the language. Town Manager Mike Segrest suggested the following language “The Snowmass Mall has historically been the primary resort-commercial area in the Town” on line 112 and 113. Mayor Mercatoris took Public Comment at this time. Ben Eiler Commercial Development Manager for Intrawest His question was how does this effect the commercial usage review of new development for the mall the square footage amount will it still go through a PUD approval process. Town Manager Mike Segrest explained that what Town Council is really trying to do with this process is be in compliance with the Comprehensive Plan to entitle us to move forward with many Land Use Code amendments that will address those issues. A roll-call vote was taken and the motion was approved by a vote of 5 in favor to 0 opposed. There being no further comments from the Public the Public Hearing was closed at 5:33 p.m. Item No. 8: MANAGER’S REPORT Shared Buses Town Council requested that the Transportation Department investigate the possibility of sharing buses with other agencies or Municipalities. Town Manager Mike Segrest reported that Vail tried this type of program in the past and it turned out not to be workable because of maintenance issues, who broke it issues and identification issues. At this time staff does not have any suggestions on how we can economize in this particular area by sharing buses. Town Council thanked staff for researching this issue. Jazz Aspen at Snowmass Town Council again thanked staff, Jazz Aspen and the Security personnel for an excellent job during the Labor Day Festival. Item No. 9: APPROVAL OF MEETING MINUTES FOR 05-24-05 AND 08-08- 05 Council Member Wilkinson made a motion to approve the minutes of 05-24-05 and 08-08-05, seconded by Council Member Boineau. There being no further discussion the motion was approve by a vote of 5 in favor to 0 opposed. 09-06-05tc Page 7 of 8 At some future date the Town Council would like to look at teleconferencing for Town Council Meetings. Item No. 10: COMMITTEE REPORTS/CALENDARS Smoking in Public Areas Council Member Mordkin has concerns regarding cigarette smoking and use of illegal drugs during the Jazz Aspen Snowmass concerts and other special events within the Town of Snowmass Village. Council directed staff look in to our smoking ordinance and possibly consider amending the ordinance to no smoking within 100 yards of food service or some reasonable number of feet. Mayor Mercatoris would rather designate certain areas for smoking. Council Mordkin also proposed and suggested that signs are posted at the entrance of all events stating the use of illegal drugs a public gatherings is strictly prohibited and will be enforced which includes marijuana. Town Manager Mike Segrest warned Town Council that is does the Town no good to pass a law that we have no ability to enforce. Council directed staff to look in to this situation and bring back Managers report item at a future meeting. Ruedi Water and Power Meeting Council Member John Wilkinson noted that John Emerick a Water Biologists who has a PHD from the Colorado School of Mines has done a research project on the basins in the water and the stream flows and Wilkinson asked if he would be interested in coming to Town Council. Town Manager Mike Segrest will contact Emerick for a future meeting agenda. US Postal Service Letter Mayor Mercatoris received a letter from Shirley Wheeler, Real Estate Specialist for the Western Facilities Service Office will be in the area a the end of the month and will meet with him at that time regarding future space in the Town of the Snowmass Village Out of Town thth Mayor Mercatoris will be out of Town September 12 – 19 attending the 19’s thth meeting and leaving again on the 20 through the 25. Mayor Pro Tem Boineau will be available during that time. EOTC th October 20, 2005 is the next EOTC meeting in the Snowmass Village Town Council Chambers. Item No. 11: ADJOURNMENT There being no further discussion, Council Member Mordkin made a motion to adjourn the Regular Meeting, seconded by Council Member Wilkinson. The 09-06-05tc Page 8 of 8 motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned 7:15 p.m. This set of Minutes was approved by Town Council during the Regular Meeting of October 24, 2005.