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12-05-05 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES DECEMBER 05, 2005 CALL TO ORDER AT 5:00 P.M. Mayor Mercatoris called to order the Regular Meeting of the Snowmass Village Town Council on Monday, December 5, 2005 at 4:04 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Douglas Mercatoris, Bill Boineau, John Wilkinson, and Sally Sparhawk. COUNCIL MEMBERS ABSENT: Arnold Mordkin STAFF PRESENT: Mike Segrest, Town Manager; Jim Wahlstrom, Senior Planner; John Dresser, Town Attorney; Chris Conrad, Planning Director; Susan Hamley, Marketing Director; and Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Fred Black, Larry Yaw, Michael O’Connor, Greg Long, Doug Dotson, Jeff Ingas, Mike Waters, Dan Kloster, Kathy Arnold, Brian Olson, Robin Riggs, Donna Weidemyer, Marion Garrett and other members of the public interested in Agenda items for this Meeting. Item No. 2: STREET LIGHT POLE WELCOME BANNERS Marketing Director Susan Hamley proposed that the Town purchase six, two-sided banners to be hung on streetlight poles in six identified locations welcoming guests as they enter the Village. She explained that the banners, 30 inches wide and 5 feet long, were designed by the Marketing and Special Events Board and would cost approximately $7,000. Hamley further explained that the side of the banners seen by guests as they leave the Village would include scenes to encourage their return in summer. Following discussion, Council majority approved the request and directed staff to proceed with the project. Council requested that staff ensure that installation of the flags would not conflict with State law, obtain feedback from others regarding color and design, and that the flags be situated in a manner to prevent visual obstruction for traffic. Item No. 3: PUBLIC NON-AGENDA ITEMS Financial Contribution for Recreation Facility Construction Representing the Brush Creek Partnership, Michael O’Connor presented Council with a check written to the Town of Snowmass Village in the amount of $1M for construction of the Community Swimming Pool. Mayor Mercatoris explained that the Brush Creek Partnership and the Aspen Skiing Company offered to contribute the funds to the Town as a Community Benefit during the Base Village PUD review process to assist with funding for construction of 12-05-05tc Page 2 of 8 the Town’s recreation facility. He reported that the Pool site was located near the Rodeo facility at the entrance to the Village, for which partial funding was recently approved by the Town’s electorate. Council stated their appreciation for the contribution. Item No. 4: COUNCIL UPDATES Upcoming Meetings Sparhawk reported that she would be attending a Community Office for Resource Efficiency (CORE) Meeting on Tuesday, December 6, 2005. Wilkinson reported that he would be attending an Elected Officials Transportation Committee Meeting (EOTC) Meeting on Thursday, December 8, 2005. He also reported that a Reudi Water and Power Board Meeting was also scheduled on the same day and requested another Council Member attend the Meeting in his stead. Item No. 5: SELECTION OF TOWN AUDITORS Town Finance Director Marianne Rakowski informed Council that the Town’s contract with Clifton Gunderson expired with completion of the 2004 audit. Per the Home Rule Charter, Council is required to select a certified or registered Public Accountant with municipal accounting experience, to perform the annual Town audit. She stated that the Town received notices from two firms that elected to bid in response to a Request for Proposals sent to qualified governmental auditing firms. Following careful review of the proposals and bids, staff recommended that the Town enter into a contract with the firm of Reynolds, Henrie and Associates, P.C. to conduct the Town’s annual independent audit. She provided further information regarding bids from the firms that responded. After further discussion, Sparhawk made a motion to authorize the Town Manager to sign the contract with Reynolds, Henrie and Associates, P.C. to conduct the Town’s annual independent audit. Wilkinson seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Item No. 6: PUBLIC HEARING AND DISCUSSION - RESOLUTION NO. 38, SERIES OF 2005 (Note: PUBLIC HEARING TO BE CONTINUED TO 12-12-05 MEETING) PUBLIC HEARING AND DISCUSSION OF A RESOLUTION CONCERNING THE PROPOSED CLUB COMMONS II EMPLOYEE HOUSING PROJECT SKETCH PLAN APPLICATION AND MODIFICATIONS THERETO INCLUDING REQUESTED HEIGHT VARIATIONS AND EVENTUALLY INVOLVING A REZONING, SUBDIVISION EXEMPTION FOR A LAND EXCHANGE AND A REPLAT INVOLVING PARCEL 12 OF THE SNOWMASS CLUB PUD SUBDIVISION ZONED ‘PUD’ AND THE SNOWMASS WATER AND SANITATION DISTRICT PROPERTY ZONED ‘SPA-1 Mayor Mercatoris opened the Public Hearing at 5:20 p.m. He explained that a review of the Club Commons II employee Housing Project Sketch Plan application and modifications previously scheduled for this Meeting had been rescheduled to the December 12, 2005 Regular Town Council Meeting. There being no public comments, at 5:21 p.m. Mercatoris 12-05-05tc Page 3 of 8 continued this Public Hearing to the December 12, 2005 Regular Town Council Meeting scheduled to begin at 4:15 p.m. Item No. 7: RESOLUTION NO. 49, SERIES OF 2005 CONSIDERATION OF A RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE SNOWMASS VILLAGE TOWN COUNCIL FOR THE MONTHS OF JANUARY 2006 THROUGH DECEMBER 2006 Town Clerk Rhonda Coxon reviewed the Council Meeting dates outlined in the Resolution. She stated that this action was requested by Council at a previous Council Meeting in order to accommodate holidays observed by the Town that conflict with regularly scheduled Council Meeting dates. Following discussion, Boineau made a motion to approve Resolution No. 49, Series of 2006, seconded by Sparhawk. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Item No. 8:RESOLUTION NO. 50, SERIES OF 2005 CONSIDERATION OF A RESOLUTION APPROVING THE 2006 EOTC BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES AND USE TAX Transportation Director David Peckler reported that this Resolution would approve the 2006 budget for the Pitkin County ½-Cent Sales and Use Tax as discussed at the October 20, 2005 EOTC Meeting. He explained that the budget includes funding for bus stop safety improve- ments and cab in-lieu of bus access for Senior Housing located along Highway 82, the X- Games transit subsidy, annual operating costs for the Intercept Parking Lot, Snowmass Village transit improvements and increased funding for the Roaring Fork Transportation Authority (RFTA) regional services. Council Member Boineau made a motion to approve Resolution No. 50, Series of 2005, seconded by Council Member Wilkinson. There being no further discussion, the motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Item No. 9: PUBLIC HEARING AND DISCUSSION – SNOWMASS CHAPEL EXPANSION PROJECT PUBLIC HEARING AND DISCUSSION TO CONSIDER THE PRELIMINARY PLAN APPLICATION AND MODIFICATIONS THERETO FOR THE PROPOSED SNOWMASS CHAPEL EXPANSION PROJECT INVOLVING REQUESTED BUILDOUT AND HEIGHT VARIATIONS, TOGETHER WITH A REZONING TO ‘MIXED-USE-2,’ A SUBDIVISION EXEMPTION FOR A LAND EXCHANGE, AND A SUBSEQUENT RE-SUBDIVISION PLAT OF THE PROPERTY WITHIN EXISTING LOTS 1 AND 2A OF THE SNOWMASS CHAPEL INTERFAITH SUBDIVISION AND ON PARCEL 10 OF THE SNOWMASS CLUB SUBDIVISION Mayor Mercatoris opened the Public Hearing at 5:45 p.m. Senior Planner Jim Wahlstrom reported that all Public Notice publishing and posting requirements had been met by the applicant in accordance with the Municipal Code. He explained that the applicant made modifications to the application in response to Council action on Ordinance No. 11, Series 12-05-05tc Page 4 of 8 of 2005 at a Council Meeting held on August 1, 2005, concerning the previous Preliminary Plan’s architecture, mass, scale and height variation. He referred to recommendations to deny the application, provided to Council in Planning Commission Resolution No. 16, Series of 2005. Wahlstrom stated that the recently revised PUD Guide provided by the applicant includes all the modifications to be presented at this Meeting. Larry Yaw, architect representing the Snowmass Chapel, provided the history of the application expansion project. He explained modifications were made to the original plan in response to Town and community comments and requests. He referred to the revised plan, explaining that the building height was reduced by 11 feet, building width was reduced by 6- feet, and the steeple height was reduced by 7 feet, in order to reduce the height, mass and scale from that which was originally presented, allowing sufficient space to allow proper operation and performance of an organ, which was offered as a donation to the Chapel. He outlined other design changes made to accommodate requests, although retaining sufficient space for planned secular and public use of the facility and maintain the character of the community. Council discussed the request for rezoning to “Mixed Use-2”, community benefits, width of exterior walkways, uses proposed for the floor plan areas as presented, possible land trade with the Town’s Point site or Draw site that would allow potential construction of a Town Hall at the location currently occupied by the Chapel, Planning Commission recommendations addressing size and height of the structure, and positioning of the skylights in relation to decrease appearance of the building mass from Brush Creek Road. Council requested that the applicant provide information indicating the volume of counseling that is currently provided to the community at the Chapel building and the amount of funding underwritten by Chapel funds to support counseling provided on a sliding scale, the amount of current conference room usage, all current functions that utilize spaces within the existing Chapel, anticipated use for the existing and proposed sanctuary areas, further information to identify the proportionality of the proposed building to the height of the steeple, specifics related to the type of organ planned for the structure, uses planned for the existing Chapel floor area, number of parking spaces to be provided, specifics to identify Chapel use of the shared parking spaces, proposed square footage included in the structure, purpose and intended use of the proposed maintenance building, and issues related to conflicts between the Lighting Plan and the Town’s Lighting Code. Council also requested further discussion regarding a potential land swap involving the Town’s Point Site or Draw Site that would allow the Town to construct a Town Hall at the current Chapel location, and additional information regarding parking and transportation issues. Mr. Yaw stated that information regarding the amount of counseling services currently provided by the Chapel, and funding provided by the Chapel to underwrite counseling fees would be provided to Town staff before the January 3, 2006 Council Meeting. He stated that frequency of usage for Mr. Pyles would provide existing conference space. Resident Greg Long expressed a concern regarding the height and width of the proposed structure and stated his support of Planning Commission’s recommendation to deny the application as submitted. Resident Brian Olson expressed concerns regarding the proposed 12-05-05tc Page 5 of 8 height of the structure and urged Council to seriously consider the Planning Commission’s recommendation expressing that they felt the redesign of the building to be a minimal change not respecting human scale, the proposed structure remains to be massive and overwhelming and would change the character of the immediate area as well as that of the community as a whole. Resident Robin Riggs concurred with Olson’s comments and stated concerns that staff and Council’s interpretation and definition of “monumental” could undermine the people of the community, proposed height would exceed the height limitations for the area, the applicant denied community assistance offered during recent redesign of the plan, and public uses for the building would be limited by available parking. She urged Council to seriously consider the Planning Commission’s recommendations. Jeff Ingas, Counselor at the Chapel and Community Center stressed the importance for the additional space and increased privacy proposed for counseling rooms in order to respect the privacy and confidentiality of clients seeking counseling services. Kathy Arnold, resident of the Homestead, stated her support of the current proposal and the applicant’s efforts to meet the requests of Council and the community, and offered that churches are generally constructed within neighborhoods and are always larger than the homes in the surrounding neighborhood. She stressed the need for additional space and encouraged Council to approve the application. Mike Waters, resident of Season Four Condominiums, reiterated that the Planning Commission recommended a reduction in height and width of the structure, and stated that he felt the applicant modified the design sufficient only to circumvent a super- majority vote of Council. He also stated that the structure remains to tower above existing buildings and requested that Council consider the proposed height and mass in comparison to the surrounding neighborhood and resulting density, which does not conform to the sur- rounding neighborhood. He also questioned the need to design the Chapel for a 100-year scheme, which remains unknown at this time. Recognizing the need for additional community services, Waters stressed that the additional services were not in need of the proposed height, urged Council to review extreme building heights recently proposed to Aspen and Basalt Town Council’s, which were reduced to an acceptable height and mass, and requested that Council deny this application. Dan Kloster expressed his support of the proposed structure, as well as his dismay that the community would not allow a beautiful structure that would house the Fisk organ. He stated that a church is not to be built to human scale, but appropriately to the scale of God, that the building would accentuate the community, makes a positive statement, and felt the community may need a building that is beautiful and inspirational. Kloster asked that Council consider the resulting community services and the spiritual realm provided by this building as proposed. Greg Long urged Council to look at the proposal as a large structure and not as a church since there are members of the community who would not utilize the provisions of the building. Resident Marion Garrett stated her support of the proposal to be utilized with sufficient space to provide a refuge, as well as spiritual, social, and private functions in a beautiful piece of architecture as a gift for future generations. Donna Weidemyer expressed her support of the design as currently proposed as well as the original design, which was large enough to house the Fisk organ. She also expressed that she felt it a travesty that the structure height was reduced, causing the loss of a special gift for current and future generations. She asked that Council consider the building as a legacy to future generations in 100 years that would be a signature for visitors and citizens. Weidemyer referred to the steeple on the church in Aspen, 12-05-05tc Page 6 of 8 which she felt to be an inspiration to the Valley, which would not be allowed under current regulations, and urged Council to approve the proposal as submitted. Doug Dotson urged Council to consider that the proposed structure should not to be compared with a commercial building since it would provide a unique and individual purpose. Larry Yaw stated that the proposed Chapel would enhance qualities not unlike other Chapels constructed in numerous mountain communities as the focal point of community identity and pride. Season Four resident Chonnie Bliss Jacobson asked that Council request the that the applicant provide current and accurate renderings, building elevations and view simulations as pre- viously directed by Council, as well as information identifying proposed uses for the existing Chapel space, which would become the first floor of the new structure, a summary of needs and growth projections for the 100-year plan, information identifying the current amount of usage of meeting and counseling rooms, the number of times requests to use meeting rooms have been denied by the Chapel, and consider serious concerns that were submitted by the Planning Commission. Robin Riggs stated her support of for a beautiful and inspirational building, although questioned the appropriate height necessary to achieve this end result. There being no further public comments, Mayor Mercatoris continued the Public Hearing to the January 3, 2006 Regular Town Council Meeting scheduled to begin 3:00 p.m. with tours by Council to the new Holy Cross Building and to examine building materials for the pool/fitness center at the pool site. Mr. Yaw stated that information requested by Council at this Meeting would be submitted to the Town and included in the January 3, 2006 Meeting information packet. NOTE: Council called for a 5-minute break at this time. Item No. 10: FIRST READING – ORDINANCE NO. 17, SERIES OF 2005 FIRST READING CONSIDERATION OF AN ORDINANCE PROVIDING FOR TERM LIMITS FOR CHAIRPERSONS OF THE BOARDS, COMMISSIONS AND AUTHORITIES SERVING THE TOWN OF SNOWMASS VILLAGE Wilkinson made a motion to approve First Reading of Ordinance No. 17, Series of 2005, seconded by Boineau. Town Attorney John Dresser stated that this Ordinance was submitted in response to Council request to allow additional experience in responsibilities by rotating the Chair position among Board Members as Chairpersons on the individual Town Boards, Commissions, and Authorities. Council requested that language be included in the document that would provide application of the requirements to all Town Boards that may be created in the future. Council discussed enforcement issues and the new requirement as a potential deterrent for future applicants. There being no further discussion, First Reading was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Item No. 11: COMMITTEE REPORTS/CALENDARS EOTC Meeting Mayor Mercatoris stated that an EOTC Meeting is scheduled for Thursday, December 8, 2005 at the Gant in Aspen. He urged Council Members to attend the Meeting. 12-05-05tc Page 7 of 8 Gondola Operation Wilkinson reported that installation of the Village Express gondola was completed and in operation. He stated his appreciation to the Aspen Skiing Company for providing the gondola as a positive amenity to the resort experience. Appreciation for Gondola Mayor Mercatoris stated his appreciation to the Aspen Skiing Company and others involved for their timely installation and beginning operation of the gondola. Public Works Department Appreciation Mercatoris stated his appreciation to the Public Works Department employees for their success in snow removal within the Village during the recent and first major winter storm of the season. MSEB Board Expansion Council concurred with a request made by Mayor Mercatoris to direct the Town Attorney to proceed with developing a means to include two additional members on the Marketing and Special Events Board (MSEB) to serve as lodging representatives of the East Village area, the West Village area, and a member to represent other lodging facilities not included to date. Mercatoris explained that responsibilities of the MSEB would now increase due to recent voter approval of the Lodging Tax ballot question. The request also included that the current language requiring board members to be a registered voter and a resident of Snowmass Village be stricken from the Ordinance requirements for this Board and that a provision be included that would allow creation of an Advisory Committee to specifically address issues related to the new Lodging and Group Sales Tax. Council discussed the related issues and concurred with the request, directing the Town Attorney to proceed, and requesting further discussion of related issues at a future Council Meeting. Kinder Morgan Under-grounding/Brush Creek Trail Attorney Dresser reported that Kinder Morgan representatives expressed a concern regarding possible delay of their underground installation project due to the identified trail alignment that would cross a very small area, which the County may consider as having wildlife and riparian habitat considerations in relation to their 1041 application. He reported that the Pitkin County Review Officer schedules the application for review in the near future. Dresser stated that Town Planning staff prepared a referral commentary to be submitted to the County Hearing Officer, and request that Town Council and the Town Attorney take a position on the location of the easement to avoid any construction delay of the Brush Creek Trail. Town Manager Mike Segrest explained the area in question, which he felt would be a very insignificant impact and stated that the property owner requested that the construction not enter into the adjacent meadow area. Council agreed to the request and agreed to attend a Pitkin County Commissions Meeting if the application were to be reviewed by the Commissioners at a future Meeting. Amendments to CRS/FCPA Wilkinson requested a staff update regarding changes to the Colorado Revised Statutes and the Fair Campaign Practices Act (FCPA). 12-05-05tc Page 8 of 8 Planning Staff Increase In response to a statement made by Mercatoris, Segrest reported that he is working with the Planning Department to determine if there is a need to increase the Planning staff by hiring an additional person in preparation for an increase in workload from upcoming development applications, PUD amendments, and Code revisions. Community Forum Mercatoris requested that staff schedule a Forum for January 2006 for public communication and outreach purposes, and to provide a Council update regarding Mall and West Village revitalization, redevelopment and rezoning projects. Lighting/Highway 82 and Brush Creek Road Intersection Mercatoris requested that staff review the Lighting Plan for the project underway at the intersection of Brush Creek Road and Highway 82, to ensure that the project and lighting is designed appropriately and tastefully befitting as the entrance to Snowmass Village. Item No. 12: ADJOURNMENT There being no further business, Boineau made a motion to adjourn the Meeting, seconded by Sparhawk. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 7:29 p.m. This set of Minutes was approved at the January 17, 2006 Town Council Meeting.