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01-04-10 Town Council Packets SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA JANUARY 4, 2010 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: RESOLUTION NO. 03 SERIES OF 2010 INTERVIEW AND APPOINT BOARDS AND COMMISSIONS MEMBERS: (Time: 30 minutes with interviews) ACTION REQUESTED OF COUNCIL: Review, approve, modify or deny Resolution No. 3, Series of 2009 Rhonda B. Coxon ...........................Page 1 (TAB A) Item No. 5: RESOLUTION NO. 4 SERIES OF 2010 GRANTS (Time: 30 minutes) A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR BUDGETED FOR GRANT CONTRACTS TO THE CHARITABLE AND HUMAN SERVICE ORGANIZATIONS ONLY ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 4, Series of 2010 Citizen's Grant Review Board ...........................Page 39 (TAB B) CONSENT AGENDA ITEMS 6 &7 Item No. 6: RESOLUTION NO. 01, SERIES OF 2010 DESIGNATING PUBLIC NOTICE BOARDS: (Time: 5 minutes) ACTION REQUESTED OF COUNCIL: Review, approve, modify or deny Resolution No. 1, Series of 2010 Rhonda B. Coxon ...........................Page 42 (TAB C) Item No. 7: RESOLUTION NO. 02 SERIES OF 2010 APPOINTING H. LAWSON WILLS AS MUNICIPAL JUDGE SETTING THE TERM OF OFFICE AND COMPENSATION (Time: 15 minutes) ACTION REQUESTED OF COUNCIL: Review, approve, modify or deny Resolution No. 2, Series of 2010 Rhonda B. Coxon ...........................Page 45 (TAB D) 01 -04 -10 TC Page 2 of 3 Item No. 8: SECOND READING OF ORDINANCE NO.24, SERIES OF 2009 (Time: 15 minutes) AN ORDINANCE AMENDING THE 2010 BUDGET FOR THE MARKETING AND SPECIAL EVENTS FUND FOR THE TOWN OF SNOWMASS VILLAGE ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny First Reading of Ordinance 24, Series of 2009. -Susan Hamley ...........................Page 47 (TAB E) Item No. 9: FIRST READING ORDINANCE NO. 1, SERIES OF 2010 COMPREHENSIVE PLAN AN ORDINANCE REVISING AND RESTATING CERTAIN PORTIONS OF THE COMPREHENSIVE PLAN. (Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny first reading of Ordinance No. 1, Series of 2010 Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, David Peckler ........................Page 58 (TAB F) Item No. 10: PUBLIC HEARING RESOLUTION NO. 5, SERIES OF 2010 ANNUAL TEMPORARY USE PERMIT FOR MAGIC BUZZ COFFEE STAND IN BASE VILLAGE PLAZA (Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify, or Deny Resolution No. 5, Series of 2010 -Chris Conrad Page 66 (TAB G) Item No. 11: PUBLIC HEARING AND FIRST READING ORDINANCE NO 2, SERIES OF 2010 MINOR PUD AMENDMENT: PARCEL D, EAST VILLAGE PUD (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny First reading of Ordinance No. 2, Series of 2010 -Chris Conrad Page 72 (TAB H) Item No. 12: PUBLIC HEARING AND SECOND READING ORDINANCE NO. 11, SERIES OF 2009 (Time: 15 minutes) APPROVING MINOR PUD AMENDMENT FOR STONEBRIDGE CONDOMINIUMS. PUBLIC COMMENT ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 11, Series of 2009 -Chris Conrad Page 84 (TAB 1) Item No. 13: SECOND READING ORDINANCE NO. 23, SERIES OF 2009 COMCAST FRANCHISE AGREEMENT AN ORDINANCE RENEWING THE CABLE TELEVISION FRANCHISE WITH COMCAST OF COLORADO /FLORIDA INC. 01 -04 -10 TC Page 3 of 3 (Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Second reading of Ordinance No. 23, Series of 2009 -John C. Dresser, Jr ...........................Page 94 (TAB J) Item No. 14 RESOULUTION NO. 06 SERIES OF 2010 REGARDING INTERIM BUILDING 7 PERFORMANCE BOND A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, INDICATING THAT THE IMPROVEMENTS FOR INTERIM BUILDING 7 AGREED TO BE CONSTRUCTED BY BASE VILLAGE OWNER, LLC PURSUANT TO THE DEVELOPMENT AGREEMENT DATED FEBRUARY 25, 2009 AND SECURED BY PERFORMANCE BOND NO. K08218572 PROVIDED BY WESTCHESTER FIRE INSURANCE COMPANY HAVE NOT BEEN INSTALLED OR COMPLETED (Time: 15 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny RESOLUTION NO. 6, Series of 2010 -John C. Dresser, Jr ...........................Page 134 (TAB K) Item No. 15: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest ...........................Page 137 (TAB L) Item No. 16: AGENDA FOR NEXT TOWN COUNCIL MEETING I Page 153 (TAB M) Item No. 17: APPROVAL OF MEETING MINUTES FOR: 11 -16 -09 ...........................Page 155 (TAB N) Item No. 18: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS ...........................Page 167 (TAB O) Item No. 19: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 4.25 hours ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. MEMORANDUM TO: Snowmass Village Town Council FROM: Rhonda B. Coxon, Town Clerk DATE: January 4, 2010 SUBJECT: RESOLUTION NO. 03 SERIES OF 2010 A RESOLUTION APPOINTING MEMBERS TO THE ARTS ADVISORY BOARD, FINANCIAL ADVISORY BOARD,CITIZENS GRANT REVIEW BOARD, MARKETING AND SPECIAL EVENTS AND GROUP SALES BOARD, LIQUOR LICENSING AUTHORITY, PART TIME ADVISORY BOARD, BOARDS OF APPEALS AND EXAMINERS AND PLANNING COMMISSION I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL There were a total of 24 vacancies created by expiration of terms and some positions that were open from last year. A notice has been posted and published in accordance with the Home Rule Charter. The Town Clerk is requesting the Town Council interview and appoint appropriate people to positions available. Approve, modify or deny Resolution No. 03, Series of 2010 II. DISCUSSION Listed below are the boards, number of vacancies and names of applicants. I have denoted applicants that are incumbents. Section One ARTS ADVISORY BOARD 5 vacancies, 3 applicants *Carol Batchelder *Mary Beth Blake Doug Casebeer FINANCIAL ADVISORY BOARD 3 vacancies, 2 applicants Carolyn Purvis David Rachofsky CITIZENS GRANT REVIEW BOARD 1 vacancy, 0 applicants MARKETING, SPECIAL EVENTS AND GROUP SALES BOARD 1 vacancy At Large Position 2 applicants 01 -04 -10 Boards Memo Page 2 of 2 *Peter D. Moore Julie Ann Woods LIQUOR LICENSING AUTHORITY 2 vacancies 2 applicants *Irene Greiser *Donna Aiken PART TIME RESIDENTS ADVISORY BOARD 2 vacancies 2 applicants *John R. Barrett Susan de Saint Phalle BOARDS OF APPEALS AND EXAMINERS 3 vacancies 3 applicant *Thomas S. Goode *Wolf Gensch *James A. Gustafson PLANNING COMMISSION 4 vacancies 5 applicants *Bob Purvis *Donna Aiken *Tom Yocum *Robert Sirkus Julie Ann Woods TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 03 SERIES OF 2010 A RESOLUTION APPOINTING MEMBERS TO THE ARTS ADVISORY BOARD, FINANCIAL ADVISORY BOARD, CITIZENS GRANT REVIEW BOARD, MARKETING, SPECIAL EVENTS AND GROUP SALES BOARD, LIQUOR LICENSING AUTHORITYPART TIME RESIDENTS ADVISORY BOARD, BOARDS OF APPEALS AND PLANNING COMMISSION WHEREAS, Section 8.3 of the Home Rule Charter states that members of all boards and commissions shall be appointed by the Town Council; and WHEREAS, the terms of members on certain boards and commissions have expired and resignations have been submitted; and WHEREAS, vacancies have been publicly posted and published in accordance with the terms and conditions of the Home Rule Charter; and WHEREAS, the following citizens have submitted applications expressing a desire to be appointed: NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: That the following citizens are hereby appointed to serve as follows: Section One: Appointments and Terms ARTS ADVISORY BOARD 7, two year terms 2, one year terms (Replacing) FINANCIAL ADVISORY BOARD 3, two year terms CITIZENS GRANT REVIEW BOARD 1, one year terms (Replacing) MARKETING, SPECIAL EVENTS AND 1, three year term GROUP SALES BOARD LIQUOR LICENSING AUTHORITY 2, three year terms 10 -03 Page 2 of 2 PART TIME RESIDENT ADVISORY BOARD 2, one year terms BOARDS OF APPEAL 3, three year terms PLANNING COMMISSION 4, three year terms INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado, on the 4th day of January 2010 with a motion made by Council Member and seconded by Council Member and by a vote of _in favor to opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: RHONDA B. COXON, Town Clerk APPROVED AS TO FORM: JOHN C.DRESSER, JR., Town Attorney TOWN OF SNOWMASS VILLAGE r Application for Board/Commission Position UE 'RI, 1 A Board of Appeals and Examiners Liquor Licensing Authority Financial Advisory Planning Commission Citizens Grant Review Arts Adviso Marketing, Group Sales Special Events Part Time Residents Advisory Board Name: Home Phone: q Email: ,f errb h C, 5C) p f Physical Home Permanent Residence?: Address: City: ST. ZIP: Yes,2— No Mailing Address: If No, place of Permanent Residence: Business Mailing Address: Office Phone: Email address: Employed With: Position: Are you Registered to Vote in Snowmass Village: Yes H Z or No List the Experience or Education which may qualify you for this position: r C-1 b& Vv 0 Why do you wish to be appointed to this position?: I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the responsibilities arrq duties. Applicant's Signature Date Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p:\shared\clerk\boards\app.b&c TOWN OF SNOWMASS VILLAGE Application for Board/Commission Position WOV 9 Board of Appeals and Examiners Liq��rLi�en�iDgAuthohtm=����' Financial Advisory P)@DO)ng CoDl[nissioO Citizens Grant Review Arts Advisory Marketing, Group Sales Special Events Part Time Residents Advisory Board Name: Home Phone: Physical Home Permanent Residence?: Mailing Address: �7 Z If No, place of Permanent Residence: Business Mailing Address: Office Phone: Email address: Employed With: Position: Are you Registered to Vote in Snowmass Village: Yes or No El List the Fzxperie ce or Education which may qualify yquJor this position: j 7z� Why do you wish to be appointed to this position?: 1 J I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the responsibilities and duti Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p:\shared\c|erk\boan1s\appb&n TOWN OF SNOWASS VILLAGE Application for Board /Commission Position 4%r, Board of Appeals and Examiners Liquor Licensing Authority pp Financial Advisory Planning Commission Citizens Grant Review Arts Advisory Marketing, Group Sales Special Events 2 Homeowners Name: Home Phone: V2 S f 7 Email: Physical Home Permanent Residence Address: lo-, City: C ST. ZIP: Yes. No Mailing Address: If No, place of Permanent Residence: Business Mailing Address: Office Phone: Email address: eb R S E' Ze e P" et fW,"t-� o'?i re c 4 c/ r j Employed With: q Position: Are you Registered to Vote in Snowmass Village: Yes" 1 or No List the Experience or Education which may qualify you fo this position: r Why do you wish to be appointed to this position g'4 1-47V 1-�Z'0�5 4-'- 6 C-�4/ r I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the responsibilities and duties pli is Signature Date Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p: \shared \clerk \boards \app.b &c Short bio. Doug Casebeer is the Program Director for Ceramics and Sculpture at the Anderson Ranch Arts Center. He is in his 25 year of running workshops at the Ranch. He received his MFA in ceramics from Alfred University and his BFA from Wichita State University. Doug teaches, lectures, builds kilns and exhibits his artwork worldwide. He has served as pottery consultant to the United Nations and the German government. Doug's service to the field has involved outreach in rural Jamaican schools, technical support and assistance for Nepali potters, and advising art centers in Chile and Hawaii. His artwork is in collections around the world, including a permanent installation in 2007 at the Yingge Museum of Ceramics in Taiwan. In 2009 Doug was elected to the International Academy of Ceramics in Geneva, Switzerland and was a featured artist at the Chinese Academy of Fine Art in Beijing. DOUGLAS K. CASEBEER b. 1956 Curriculum Vitae 2009 Address P.O. Box 5574 184 Rodeo Road home 5263 Owl Creek Road studio Snowmass Village, CO 81615 U.S.A. 970- 923 -5470 home 970 923 -3181 office ext. 238 970 923 -3871 fax 970 923 -6749 studio dcasebeer @andersonranch.org Education 1980 -1982 New York State College of Ceramics at Alfred University, Alfred, NY MFA Ceramics. 1978 -1980 Wichita State University, Wichita, KS BFA Ceramics. 1977 -1978 Missouri Western State College, St. Joseph, MO Art Major. 1974 -1976 University of Oklahoma, Norman, OK Architecture Major. Current Position 1985- Artistic Director Ceramics and Sculpture, Instructor, Resident Artist, Anderson Ranch Arts Center, Snowmass Village, CO 1995 -1997 Director of Programs, Anderson Ranch Arts Center, Snowmass Village, CO 1986- Chair, Artist in Residency Program, Anderson Ranch Arts Center, Snowmass Village, CO Teaching Experience /Consulting 2008- Member, International Academy of Ceramics, Geneva, Switzerland 2006 -2008 Arts Advisor, Holualoa Foundation, Donkey Mill Art Center, Holualoa, Kona, HI 2006 -2008 Strategic Planning Committee, Board of Directors, Hui Noeau Visual Arts Center, Makawao, Maui, HI 2004 -2009 Board Member, Carbondale Clay Center, Carbondale, CO 2004 Serenbe Project, Serenbe Planned Community for the Arts; facilities, program, and construction plan, Atlanta, GA 1993 -2002 Potters to Nepal, ceramics study tour, co- leader and instructor, "Gobardiya Project Anderson Ranch Arts Center, Deohkuri, Dang District, Nepal 1998 -2001 National Advisory Board, Aspen.Educational Research Foundation, COMPASS, Woody Creek, CO 1998 Board Consultant, Hui Noeau Visual Arts Center, Makawao, HI 1993 Ceramic Consultant, Arts in America, United States Information Service, U.S.I.S., Washington, D.C. 1993 Professor of Ceramics, Studies Abroad Program, University of Georgia, Cortona, Italy 1990 -1991 Board Member, Colorado Artist Craftsmen Association,: Denver, CO 1985 Pottery /Ceramics Consultant, German Agency for Technical Cooperation /GTZ, Eschborn, Federal Republic of Germany; Consultant Ceramic Programme Development, Small Business Promotion Project, Government of Nepal, Kathmandu, Nepal 1982 -1985 Pottery /Ceramics Consultant, United Nations Industrial Development Organization /U.N.I.D.O., Vienna, Austria; Instructor /Technician, Ceramics Department, "Things Jamaican Ltd. Government of Jamaican, Kingston, Jamaica, W.I. 1984 Ceramics Instructor, Jamaica School of Art, Institute of Jamaica, Kingston 5, Jamaica, W.I. 1980 -1982 Advanced Pottery and Kilns, Teaching Assistant, New York State College of Ceramics at Alfred University, Alfred, NY Invitational Exhibitions 2009 "Nakazato /Casebeer Harvey Meadows Gallery, Aspen, CO 2009 "Potters As Sculptors Mesa State College, NCECA, Mesa, AZ 2008 "All Fired Up Lyndurst Museum, Tarrytown, NY 2008 "Sip, Slurp, Gulp Santa Fe Clay, Santa Fe, MN 2008 "Artists in Residence: Anderson Ranch Arts Center Foothills Art Center, Golden, CO 2008 "Strictly Functional Wayne Art Center, Wayne, PA 2008 "Object Based: The Familiar Object as Metaphor Hodges Taylor Gallery, Carillon Building, Charlotte, NC 2008 "Infusion 10x10: Teapots Craft Alliance, St. Louis, Mo 2008 "Table of Elements Manchester Craft Guild, Pittsburgh, PA 2008 "Anderson Ranch Residents 3 rd Street Gallery, Carnegie, PA 2008 "Extending Clay Boundaries Aspen Chapel Gallery, Aspen, CO 2007 "Drinking Vessels" Main Street Art Gallery, Edwardsville, IL 2007 "90 Teapots Xen Gallery, St. Louis, MO 2007 "Mark of Fire Baltimore Clay Works, Baltimore, MD 2007 "Casebeer /Woodman Harvey Meadows Gallery, Aspen, CO 2007 "Salt Pepper Santa Fe Clay, Santa Fe, NM 2007 "Line to Volume Barr Gallery, Indiana University, New Albany,IN 2007 "La Mesa NCECA, Santa Fe Clay, Louisville, KY 2006 "Studio Pottery 2006 Ferrin Gallery, Lenox, MA 2006 "Salt and Pepper Red Star Gallery, Kansas City, MO 2006 "A Wood Fire Exhibition N.A.U., Flagstaff, AZ 2006 "The Teapot Exhibition University of Miami, Coral Gables, FL 2006 "Divergence: 4 Potters Red Star Gallery, Kansas City, MO 2006 "Tea Time Kalamazoo Institute of Arts, Kalamazoo, MI 2006 "Alchemy of Fire and Ash", Commonwheel Co -op, Manitou Springs, CO 2006 "Tactile Appeal Mark Woolley Gallery, Portland, OR 2006 "East and West Pacific University, Forest Grove, OR 2006 "Vases, Bowls, and Containers Harvey Meadows Gallery, Aspen, CO one person show 2006 "30/30 Lill Street Art Center, Chicago, IL 2006 "Salt and Pepper Baltimore Clayworks, Baltimore, MD 2006 "La Mesa NCECA, Santa Fe Clay, Portland, OR 2006 "Time for Tea: The Art of the Teapot Kalamazoo Institute of Art, Kalamazoo, MI 2005 "Japan /USA ",.Santa Fe Clay, Santa Fe, NM 2005 "Valley Dinnerware Carbondale Clay Center, Carbondale, CO 2005 "Cups, Cups, Cups Santa Fe Clay, Santa Fe, NM 2005 "Prints, Pots, and Sculpture" Else Gallery, California State University Sacramento, Sacramento, CA solo show 2005 "The Visceral Vessel Southwest School of Art, San Antonio, TX 2005 "White on White", Santa Fe Clay, Santa Fe, NM 2005 "Doug Casebeer; 20 year Retrospective Exhibition Anderson Ranch Arts Center, Snowmass Village, Co 2005 "Pots: Objects of Virtue Bedford Gallery, Walnut Creek, CA 2005 "Two Potters: Nakazato and Casebeer Gallery Ichibankan, Fukuoka, Japan 2005 "Two Potters: Nakazato and Casebeer Mizutani Bijyutu Gallery, Tokyo, Japan 2005 "Bottled Spirits Kentucky Museum of Art, Louisville, KY 2005 "Mish Mash 2005 NCECA, Baltimore, MD 2005 "Endless Variations Baltimore Clay Works, Baltimore, MD 2005 "Soda, Salt, and Slip Baltimore Potters Guild, Baltimore, MD 2005 "Echoes Anderson Ranch Residents, Center for Visual Arts, University Maryland, Baltimore, MD 2005 "La Mesa NCECA, Santa Fe Clay, Baltimore, MD 2005 "Contemporary Cup Lill Street Art Center, Chicago, IL 2004 "Anderson Ranch Ceramics University of Miami, Coral Gables, FL 2004 "Annual Clay National Carbondale Clay Center, Carbondale, CO 2004 "A Show of Bowls Red Star Gallery, Kansas City, MO 2004 "Duets Kentucky Museum of Arts, Louisville, KY 2004 "This Splendid Table: Fantastic Dishes for Food Kentucky Museum of Arts, Louisville, KY 2004 "High Altitude Pottery: Doug Casebeer Trax Gallery, Berkeley, CA one person show 2004 "The Big Show Four Star Gallery, NCECA, Indianapolis, IN 2004 "Around the House Firehouse Art Center, Norman, OK one person 2004 "Anderson Ranch Artists Adelson Gallery, The Aspen Institute, Aspen, CO program directors exhibition 2003 "Masters in Clay Clay Studio, Philadelphia, PA 2003 "International Tea Bowl Exhibit Northern Arizona University Art Museum, Flagstaff, AZ 2003 "Anderson Ranch Residents LillStreet Art Center, Chicago, IL 2003 "Western Ceramics Invitational Nora Eccles Harrison Museum, Utah State University, Logan, UT 2003 "Ceramics U.S.A. University North Texas, School of Art, Denton, TX 2003 "High Altitude Currents Anderson Ranch Arts Center, Laramie County Community College, Laramie, WY 2003 "21 Century of Ceramics Canzani Gallery, Columbus College of Art, Columbus, OH 2003 "At Your Service Kreeger Gallery, Harwich Port, MA 2003 "Pottery Invitational Santa Fe Clay, Santa Fe, NM 2003 "Ceramics Triennial Exhibition Roswell Art Museum, Roswell, NM 2003 "Hundreds of Cups Santa Fe Clay, Santa Fe, NM 2003 "D.I.A. Art Exhibition Denver International Airport, Denver, CO 2003 "National Small Sculpture Exhibition R.E. Lee Gallery, Clemson University, Clemson, SC best of show 2002 "The Feast Mendocino Art Center, Mendocino, CA 2002 "Colorado Men in Clay Santa Fe Gallery, Denver, CO 2002 "Anagama Peck Gallery, Providence, RI 2002 "For the Table Santa Fe Clay, Santa Fe, NM 2002 "At Your Service Kreeger Gallery, Harwich Port, MA 2001 "Salt and Ash Santa Fe Clay, Santa Fe, NM 2001 "National Clay Invitational Blue Spiral Gallery, Asheville, NC 2001 "Potters to Nepal Indigo Gallery, Kathmandu, Nepal 2001 "Anderson Ranch Clay Public Library of Charlotte, Charlotte, NC 2001 "2001 Clay Odyssey Archie Bray Foundation, Helena, MT 2000 "American Shno Babcock Galleries, New York, NY 2000 "Cup 2000 Fifth Element Gallery, Portland, OR 2000 "Couplets: Duality in Clay Clay Studio, Philadelphia, PA 2000 "Bistro 1615 Santa Fe Clay, Santa Fe, MN 2000 "Anderson Ranch Artists Evelyn Siegel Gallery, Ft. Worth, TX 2000 "Clay /Wood /Fire /Salt Folk Art Center, Asheville, NC 2000 "Foundations of a Century Nassau County Museum of Art, Nassau, NY 2000 "At Your Service Kreeger Gallery, Harwich Port, MA 2000 "The Karatsu Tradition Denver Art Museum, NCECA, Denver, CO 2000 "Colorado Kilns Colorado Historical Society, Denver, CO 2000 "Karon Doherty Memorial Sparks Gallery, Denver, CO 2000 "The Vase Colorado Clay Project, Roundtree Art Center, Denver, CO 2000 "Wood Fired Ceramics Signature Gallery, Atlanta, GA 2000 "Wood Fired Pottery Hibberd /McGrath Gallery, Breckenridge, CO 2000 "Clay Up There; Anderson Ranch Artists Andrews University, Beriens Springs, MI 1999 "Made in Clay Greenwich House Pottery, New York, NY 1999 "Gallery Ichibankan Fukuoka, Saga, Japan 1999 "Yoyokaku Gallery Karatsu -Chi, Saga, Japan 1999 "Clay Today Giordano Gallery, Islip Art Museum, New Islip, NY 1999 "Wood, Salt, Soda Odyssey Gallery, Asheville, NC 1998 "Ching -Tao Fang Ceramics Gallery Kaohsiung, Taiwan 1998 "Made in Clay Greenwich House Pottery, New York, NY 1998 "Anderson Ranch Artists Evelyn Siegel Gallery, Ft. Worth, TX curator of group exhibit 1998 "Anderson Ranch Vision Adelson Gallery, The Aspen Institute, Aspen, CO program directors exhibition 1997 "Functional Work: American Potters Arvada Center for the Arts, Arvada, Co and Boettcher Mansion, Golden, CO 1997 "Clay Saves Lives Greenwich House Pottery, New York, NY 1997 "Clay /Wood /Fire /Salt Contemporary Artifacts Gallery, Brea, KY 1997 "Contemporary Crafts Chester Springs Studio, Chester Springs, PA 1997 "Colorado Teaches Clay Roundtree Art Center, Denver, CO 1997 "Wood- Fired College of the Ozarks, Boger Gallery, Pt.Lookout, MO 1997 "Colorado Clay Invitational Commonwheel Gallery, Manitou Springs, CO 1997 "Grosvenor Gallery Kingston, Jamaica, WI 1997 "Ceramic Forms Barr Gallery, S.E. Indiana University, New Albany, IN 1996 "Western Clay: A 3D Feature" University of Southern Colorado, Pueblo, CO 1996 "Clay Invitational Tointon Gallery, Greeley, CO 1996 "Rendezvous National Ceramic Invitational Museum of Nebraska, Kearney, NE 1996 "Cups I Daniel Arvizu Gallery, Santa Ana, CA 1996 "Un Decado Ceramics Taller Huara- Huara, Santiago, Chile 1995 "Clay on the Wall Salt Lake Art Center, Salt Lake City, UT 1995 "C1ayFest Manitou Springs, CO 1995 "Teapot Annual Craft Alliance Gallery, St. Louis, MO 1995 "Pottery and Sculpture Anderson Ranch Arts Center, Snowmass Village, CO 1994 "Dinner Works Louisville Art Association, Louisville, KY 1994 "Faculty and Students of Italy Fine Arts Gallery, University of Georgia, Athens, GA 1993 "Contemporary American Ceramics Duncan Gallery of Art, Stetson University, Deland, FL 1993 "Mug of the Month NCECA exhibition, Pannikin Coffee Co., San Diego, CA 1993 "Clay Out West Laramie County College, Cheyenne, WY 1992 "National Cup Exhibition Artworks Gallery, Seattle, WA 1992 "Roaring Fork Annual Aspen Art Museum, Aspen, CO 1992 "Candelabra Pro -Art Gallery, St. Louis, MO 1992 "Teapots Clark Hall Gallery, Southeastern Louisiana University, Hammond, LA 1992 "Present Clay Presence /Informed by the Past Fine Art Gallery, University of North Texas, Denton, TX 1992 "100 Cups Pro -Art Gallery, St. Louis, MO 1992 "Teapots: Contemporary Views 1992 Pro -Art Gallery, St. Louis, MO 1991 "Wild at Art: Colorado Crafts One -West Contemporary Art Center, Ft. Collins, CO 1991 "All- Salt Artisans Gallery, Mill Valley, CA 1991 "Pitchers The Farrell Collection, Washington, DC 1991 "New Work Anderson Ranch Arts Center, Snowmass Village, CO 1991 "Wood Spirits Mesa Art Gallery, Mesa, AZ travelling exhibition, 1991 1993 1991 "Contemporary Ceramics Harrison Museum of Art Collection/ Utah State University, Fine Arts Gallery, University of Colorado, Boulder, CO traveling exhibition 1990 "Ceramic Invitational Shwayder Gallery, University of Denver, Denver, CO 1990 "Ceramic Invitational Haggar Gallery, University of Dallas, Dallas, TX 1990 "Tea Party Colorado Artist Craftsmen Gallery, Denver, CO 1989 "Invitational Ceramics Leedy /Voulkos Gallery, Kansas City, MO 1989 "A Spot 0' Tea" Fifth Annual Invitational, The Clay House, Santa Monica, CA 1989 "Group Pottery Exhibition NCECA Conference, Kansas City Contemporary Arts Center, Kansas City, MO 1989 "Group Ceramics Exhibition NCECA Conference, Central Park Gallery, Kansas City, MO 1988 "Appalachian Center for the Crafts Tennessee Tech University, Smithville, TN solo 1991,89 "Craft Invitational Arvada Center for the Arts, Arvada, CO 1988 "Doug Casebeer Adelson Gallery, The Aspen Institute, Aspen, CO one person 1989,88 "Functional Pottery Pewabic Pottery Society, Detroit, MI 1988 "Jugs, Pitchers, and Ewers Martha Schneider Gallery, Highland Park, IL 1987 "Anderson Ranch Artists Foothills Art Center, Golden, CO 1987 "Loyola University of Chicago Chicago, IL curated exhibition 1987 "Anderson Ranch Clay Artists Lill Street Gallery, Chicago, IL 1987 "Colorado Clay Foothills Art Center, Golden, CO invited artist 1987 "43th Scripps College Ceramic Invitational Lang Gallery, Scripps College, Claremont, CA 1986 "Cushing and Casebeer Greenwich House Pottery, Jane Hartsook Gallery, New York, NY 1986 "Quilts and Pottery Susan and Doug Casebeer, Anderson Ranch Arts Center, Snowmass Village, CO 1986 "Invitational Crafts Exhibition Creative Arts Workshop, New Haven, CT 1985 "Anderson Ranch Artists Evelyn Seigel Gallery, Ft.. Worth, TX 1985 "Ceramic Retrospect Missouri.Western State College, St. Joseph, MO 1984 "Quilts and Pottery Frame Centre Gallery, Kingston, Jamaica 1982 "MFA Exhibition Fosdick Nelson Gallery, New York State College of Ceramics at Alfred University, Alfred, NY 1982 "Annual Invitational Green Meadow Pottery Show Waldorf School, Spring Valley, NY 1981,82 "Albrecht Museum of Art St. Joseph, MO 1981 "Graduate Clay Invitational Purdue University, West Lafayette, IN 1980 "Alfred Graduate Exhibition Olean Art Association, Olean, NY Juried Exhibitions 2000 "Colorado Clay 2000 Foothills Art Center, Golden, CO -merit award 1998 "North American Sculpture Exhibition Foothills Art Center, Golden, CO 1998 "Colorado Clay Show Foothills Art Center, Golden, CO Betty Woodman Award, Best of Show 1996 "Fletcher Challenge Ceramics Award Auckland Studio Potters, Takapuna, New Zealand 1995 "Colorado Clay 95 Foothills Art Center, Golden, CO 1992 "Clay Cup Abington Art Center, Jenkintown, PA 1992 "Colorado Clay Foothills Art Center, Golden, CO merit award 1991 "Wood Spirits Mesa Art Center, Mesa, AZ 1990 "The Clay Cup III University Museum, Southern Illinois University, Carbondale, IL merit award 1990 "Form and Function: Teapots II Craft Alliance, St. Louis, MO 1988 "The National Clay Cup Southern Illinois University, Carbondale, IL 1986 "Craft Design -86 Boulder Center for the Visual Arts, Boulder, CO 1986 "The National Claybox Show A.R.T. Gallery, Elk Grove, IL 1997,96,85 "The Roaring Fork Valley Artist Exhibition Aspen Art Museum, Aspen, CO 1985 "Colorado Craftsmen Exhibition Arvada Center for the Arts and Humanities, Arvada, CO 1982 "Potters- 1982 Springfield Art Association, Springfield, IL 1982 "National Crafts Exhibition Galveston Art Gallery, Galveston, TX 1981 "Drinking Vessels Branch Gallery, Washington, DC 1981 "1981 National Cone Box Show Purdue University, West Lafayette, IN 1981 "Crafts 15 Museum of Art, Pennsylvania State University, State College, PA 1981 "Primary Art II Hilton Head, SC 1978,80 "Topeka Public Library Crafts Exhibition Topeka, KS Workshops, Lectures, and Visiting Artists 1985 -2009 Anderson Ranch Arts Center, Snowmass Village, CO 75 workshops 1995 -2009 Good Hope Pottery, Falmouth, Jamaica, WI 20 workshops 2009 Central Chinese Academy of Fine Art, Beijing, China 2009 "Potters as Sculptors NCECA Conference Panel, Phoenix, AZ 2009 St. Olaf University, Northfield, MN 2009 Colorado. State University, Ft,. Collins, CO 2008 Tainan University, Tainan, Taiwan 2008 University of South Carolina, Columbia, SC 2008 Clemson -University, Clemson, .SC 2007 National Taiwan University of Arts, Taipei, Taiwan 2007 The Yingge Museum of Ceramic Art, Taipei, Taiwan guest artist sculpture installation 2007 Shigaraki Ceramic Research Institute, Shigaraki, Japan 2007 -2008 Curaumilla Art Center, Valparasio, Chile kiln construction 2006 Northern Arizona University, Flagstaff, AZ conference panelist 2006 University California at Davis, Davis, CA 2006 San Jose State University, San Jose, CA 2006 Archie Bray Foundation, Helena, MT 2006 California College of Art, Oakland, CA 2006 Northern Arizona State University, Flagstaff, AZ 2006 Holualoa Foundation, Donkey Mill Art Center, Holualoa, HI 2005 California State University Sacramento, Sacramento, CA 2005 Brigham Young University, Provo, UT 2004 Oklahoma University, Norman, OK kiln construction 2004 University of Miami, Coral Gables, FL 2004 Kansas Artist Craftsmen Association, Manhattan, KS 2004 Kansas State University, Manhattan, KS 2004 Trax Gallery, Berkeley, CA 2004 Firehouse Art Center, Norman, OK 2003 Syracuse University, Syracuse, NY 2003 University of North Texas, Denton, TX 2003 Laramie County Community College, Cheyenne, WY 2003 Florida Atlantic University, Boca Raton, FL 2003 Colorado Mountain College, Aspen, CO 2003 Instituto de Cultura, Las Condes, Santiago, Chile 2003 Carbondale Clay Center, Carbondale, CO 2002 Utah State University, Logan, UT 2002 University of Miami, Coral Gables, FL 2002 Colorado Mountain College, Aspen, CO 2002 Kiln building workshop, Santiago, Chile private studio 2001 Taller Huara Huara, Santiago, Chile kiln and pottery workshop 2000 University of Nebraska, Lincoln, NE 2000 "Karatsu Pottery: Grace and Beauty Asian Society, Denver Art Museum, Denver, CO 2000 Arvada Center for the Arts, Arvada, CO NCECA workshop 1998 Midland Community College, Midland, TX soda kiln building 1999 Taller Huara Huara, Ceramics Studio, Santiago, Chile reduction kiln building workshop 1998 Kaohsiung City Fine Art Museum, Kaohsiung, Taiwan 1998 Taiwan Potters Association, Taipei, Taiwan 1998 Taipei County Cultural Center, Taipei, Taiwan 1998 Hui Noeau Visual Center, Makawao, Maui, HI 1998 Boise State University, Boise, ID 1997 Midland Community College, Midland, TX kiln construction 1997 Colorado Mountain College, Glenwood Springs, CO 1997 Colorado State University, Ft. Collins, CO 1997 Spring Isle, SC visiting artist 1996 Midland Community College, Midland, TX 1996 University of the West Indies, Kingston, Jamaica, WI 1996 Universities of Art, Sao Paulo, Brazil 1996 The Brazilian Clay Workshops, Sao Paulo, Brazil 1996 Taller Huara Huara, Ceramic Studio, Santiago, Chile 1994 Santa Fe Clay, Santa Fe, NM 1994 Casper State College, Casper, WY 1993 Taller Huara Huara Ceramic Studio, Santiago, Chile 1992 Brigham Young University, Provo, UT 1992 University of North Texas, Denton, TX 1992 University of Georgia, Athens, GA 1992 Rancho Santiago College, Santa Ana, CA 1992 Spring Isle, SC visiting artist 1992 Penland School of Crafts, Penland, NC visiting artist 1992 Stetson University, Deland, FL 1991 Arapahoe Community College, Denver, CO 1991 Kansas Artist Craftsmen Association, Great Bend, KS 1990 Penland School of Crafts, Penland, NC three week pottery workshop 1990 "Working in The Third World NCECA conference, Cincinnati, OH 1990 Laramie County Community College, Cheyenne, WY 1990 University of Northern Colorado, Greeley, CO 1989 Craft Alliance, St. Louis, MO kiln building workshop, constructed gas downdraft. 1989 Mississippi State University, Starkville, MS workshop in kiln construction, built a 200 cu.ft. car kiln. 1989 NCECA conference, topical discussion group leader, Kansas City, MO 1989 Scripps College, Claremont, CA 1989 American Ceramic Society, Los Angeles, CA 1989 Boulder Potters Guild, Boulder, CO 1988 Appalachian Center for the Crafts, Tennessee Tech University, Smithville, TN 2 week workshop in constructing and firing a multi chamber wood kiln. 1988 Kansas Artist Craftsmen Association, Emporia, KS 1985,86,88 Wichita State University, Wichita, KS 1988 Hallmark Inc., Kansas City, MO 1987 Mills College, Oakland, CA 1987 San Francisco Art Institute, San Francisco, CA 1987 University of California at Berkeley, Berkeley, CA 1987 University of Loyola, Chicago, IL 1986 Rhode Island School of Design, Providence, RI 1986 Kansas City Art Institute, Kansas City, MO 1986 Foothills Art Center, Golden, CO 1985 Jamaica School of Art, Institute of Jamaica, Kingston, Jamaica 1984 University of Central Florida, Orlando, Fl 1983 Missouri Western State College, St. Joseph, MO Private and Public Collections Yingge Museum of Ceramic Art, Taipei, Taiwan permanent collection American Museum of Contemporary Ceramics, Pomona, CA Long Beach Museum of Art, Long Beach, CA Union University, Jackson, TN Dee and Charles Wyly, Aspen, CO Museum of Contemporary Ceramic Art, Shigaraki, Japan Patty and Robert Mack, Aspen, CO Northern Arizona Museum, Flagstaff, AZ Pam Joseph, Aspen, CO Islip Art Museum, East Islip, NY Colorado Historical Museum, Denver, CO Contemporary Ceramics Arts Institute, Taipei, Taiwan Joan and Irving Harris, Chicago, IL /Aspen, CO Dorothy and George Saxe, Menlo Park, CA Auckland.Potters Association,,Auckland Art Museum,,Auckland, NZ Oswald Harding, Kingston, Jamaica, WI Jamaica National Gallery, Hardingham Collection, Kingston, Jamaica, WI Schein Corporation, NYC Joanne and Lee Lyon, Aspen, CO Toyota of America, Board of Directors, CA The Little Nell Hotel, Aspen Ski Company, Aspen, CO Stetson University, Deland, FL Ken Price, Venice, CA Rafael Ferrer, NYC The Harlow Collection, Bemidji State University, Bemidji, MN Arthur and Sistie Fischer, Aspen, CO /NYC Roberto Juarez, NYC Scripps College, Claremont, CA Eccelson Harrison Museum of Art, Utah State University, Logan, UT Robert Kushner, NYC Jim and Betsy Chaffin, Snowmass Village, CO /Spring Isle, SC Robert Pfannebecker, Lancaster, PA New York State College of Ceramics at Alfred University, Alfred, NY Topeka Public Library, Topeka, KS Events and Exhibitions Juried 2009 "Ceramics National IV Carbondale Clay Center, Carbondale, CO 2008 Individual Artist Grants, Ohio Arts Council, Columbus, OH 2007 "Ceramics National III Carbondale Clay Center, Carbondale, CO 2006 "Ceramics National MT Burton Gallery, Surf City, NJ 2003 "Ceramics USA 2003 University North Texas, Denton, TX 2003 "Annual Art Exhibition Durango Arts Center, Durango, CO 1995 "Clay Fest -95 Manitou Springs, CO 1991 Governor's Award, Colorado Council on the Arts, Denver, CO 1988 "Topeka Crafts Competition 12 Topeka Public Library, Topeka, KS 1986 "Plaza Art Association Annual Show Kansas City, MO 1986 "Colorado Clay Show Foothills Art Center, Golden, CO Professional Activities 1998 -1999 Studio work /exhibitions preparation, Karatsu studio of Takashi Nakazato, Karatsu -shi, Saga, Japan. Collaborations Special projects at Anderson Ranch Arts Center. 1994 -2009 Takashi Nakazato, Karatsu potter, Japan soda fired pottery. 1994 -2001 Peter Voulkos, artist, CA prints and plates. 1988 -2005 Eddie Dominguez, artist, NM dinnerware sets in stoneware. 2002 Roberto Juarez, artist, NYC porcelain plates. 1995 Maggie Gilboy, painter, PA relief drawings in earthenware. 1994 Lamar Briggs, painter, FL cast bronze and clay tablets. 1993,94,96 Iry Tepper, ceramist, NY cast bronze teapots and cups. 1992 -93 John Torreano, sculptor, NY cast bronze Gems. 1991 -94 Rafael Ferrer, painter, PA plates, cups and bowls in earthenware, and wood- fired, stoneware pineapples. 1989 Ken Price and Ron Nagle, ceramists, CA cups and objects in clay and bronze. 1988 Ron Nagle, ceramist, CA limited edition plates and cups, c/6 slip cast colored porcelain. 1988 -89 Janis Provisor and Brad Davis, painters, CO limited edition dinnerware, c/6 slip cast porcelain. 1987 Iry Tepper, ceramist, NY /CA slip cast with colored porcelain, large cup series. 1986 -87 Ned Smyth, sculptor, NY large 3 piece mural, low fire terracotta tiles, 2- 11'x8' and 1- 19'x8', installation at the Pittsburgh Museum of Art, PA and the American Craft Museum, NYC. 1986 Robert Kushner, painter, NY low fire clay reliefs and vessels: 1996 -97 Coordinated and implemented construction of new Ceramic and Sculpture studios (8,300 sq.ft.); new glaze lab, ceramic studio, clay prep lab, seminar /slide room, and sculpture fabrication studio, Anderson Ranch Arts Center, Snowmass Village, CO. 1987 -88 Coordinated and implemented construction of new kiln building (2,000 sq.ft.) and studio renovations (1,600 sq.ft.),Anderson Ranch Arts Center, Facilities include: 2 chamber wood, salt, raku, reduction and electric kilns Bronze and metal casting program Winterization of studios for residents and collaborative projects Glaze lab and Plaster lab 1985 Re- organization of ceramics facilities and program at Anderson Ranch Arts Center: 5 year development plan, projected enrollment increase with subsequent physical plant construction New kiln constructions; buorry -box wood kiln, waste oil kiln, large raku and reduction kilns *Development of studio /artist -in- residency program* 1984 Ceramic training Manuals, United Nations Industrial Development Organization, Government of Jamaica project, "Things Jamaican Ltd. Kingston, Jamaica, W.I. 1. Basic Plaster Mould making 2. Basic Slip- casting 3. Basic Throwing techniques and wheel construction 4. Glaze, Clay body and Raw materials; calculation, sources, and analysis 5. Kiln design, construction and firing 6. Basic Pottery workshop operation; costing, scheduling, organization, and production Construction of 20 cu.ft. test kiln, butane fuel, forced air. 1982 -84 Clay and Glaze Research, Adaptation and implementation of more indigenous raw materials for the production of ceramic products, U.N.I.D.O., Government of Jamaica project. 1982 -84 Construction of 2 butane fueled, forced -air burners, shuttle kilns, 100 cu.ft., fiber fax insulation, downdraft and updraft. Design of 2 kitchen pottery lines, Hand thrown and slip -cast stoneware and earthenware. 1980 Pottery Consultant, Colonial pottery excavation, College of William and Mary, Yorktown VA 1979 -80 Ceramics Lab Assistant, Wichita State University, Wichita, KS 1977 -78 Ceramics Lab Assistant, Missouri Western State College, St. Joseph, MO Bibliography "Shape Shifters by Stewart Oksenhorn, The Aspen Times, August 8, 2008. Yingge Ceramics Museum Newsletter, #20, spring 2008, Taipei, Taiwan. Plum TV interview, Taiwan Project, with Dennis Scholl. "Entregando el Oficio by Lilioska Yancovic, Esteka, Santiago, Chile, October, 2007. "Triple Exposure by Anthea McGibbon, The Gleaner, Kingston, Jamaica, April 29, 2007. "For the Love of Clay by Leisha Chen Young, The Observer, Kingston,. Jamaica, April 29, 2007. "Mutually Content: 20 years in a Ceramics Community by D. Wood, Ceramics Technical, No.22, May 2006. "Common Wealth: A Workshop in Jamaica by D. Wood, Ceramics Monthly, vol.54, no.4, April 2006. "Working on the Building: Doug Casebeer by Stewart Oksenhorn, Aspen Times, vol.19, no. 34, February 3, 2005. "Clay and Fire: Ceramic Art in Jamaica published by National Gallery of Jamaica, Pear Tree Press, exhibition catalog, July 2005. "The Traditional Ceramics of Southeast Asia by Mick Shippen, A &C publishers ltd, London, UK, 2005. preface by Doug Casebeer. "Amazing Experience; The New Mesa Arts Center, by Jeff Riech, June, Ceramics Monthly, 2005. "Anderson Ranch Master Potter by Catherine Foulkrod, Aspen Times, vol. 18, no. 167, Saturday, June 18, 2005. "Recalling an Artist's Vision by Ann Larson, Snowmass Sun, vol.29, no.2 June 15 -21, 2005. "Doug Casebeer: Around the House by John Brandenburg, Ceramics: Art and Perception, issue 59, March, 2005. "The Complete Guide to High -Fire Glazes, by John Britt, Lark Books, 2004 "Art in your Backyard by Ann Larson, Snowmass Sun, August 11, 2004, Snowmass Village, CO. "Doug Casebeer Artweek, vol. 35, issue 4, Palo Alto, CA, May 2004. "Ceramic art can be functional as well by John Brandenburg, The Oklahoman, March 5, 2004, Oklahoma City, OK. "Anderson Ranch Artist -in- Residents Clay Times, vo1.10, no.l, January, 2004. "Colorado Summer School by Mindy Pantiel, Western Interior Design, summer, 2003. "Petite Pieces The Tiger, Clemson University, vol.96, no.13, January 31,2003. "American Shino", by Les Richter, published by Babcock Galleries, NYC, 2001. "The Clay Up There by Steve Hansen,. Ceramics Monthly, November, 2000. "A Restless Magician -James Surls", Sculpture Magazine, June 2000. "A Ranch in the Rockies for Famed Artists and Novices by Elizabeth Brooke, The New York Times, August 1, 2000. "Distinctive Decor by Kara Williams, Sojourner Magazine, summer 2000. "Clay Today by Woody Hughes, Ceramics Monthly, April, 2000. "Anderson Ranch Pottery Karatsu Newspaper, Japan, 19 November, 1999. "American Pottery Exhibition Saga Newspaper, Japan, 19 November, 1999. "Pottery from the Rockies Yomiuri National Newspaper, Japan, 18 November, 1999. "Walking with Diamonds James Surls, El Paso Museum, Houston Artists Fund, 1999. "Salt Firing Workshop issue #22, Ceramics Arts Magazine, Taipei, Taiwan, spring 1999. "The New Look of Anderson Ranch by Ashley Anderson, Clay Times, vol.5, no.l, Jan /Feb 1999. "Doug Casebeer Anderson Ranch Arts Center issue #20, Ceramic Arts Magazine, Taipei, Taiwan, fall 1998. "Artistry of Nepal by Laura Anderson, Midland Reporter Telegram, Midland, TX, 28 June 1998. "Ceramic works Surprise, Fascinate, Shine by Suzanne Akhtar, Ft. Worth Star Telegram, Ft. Worth, TX, 3 April 1998. "Inspiration and Renewal: Residencies for Sculptors by Jane I. Allen, Sculpture Magazine, Vol.17 No.2, 1998. "Notes from a potter's Nepal Diary by Vineet Kaker, Clay(some)Times, Vol.l, issue 3, Golden Bridge Pottery, Pondicherry, India. "Hands on in Nepal by Fran Bauer, Milwaukee Journal, Milwaukee, WI, 6 July, 1997. "American Potters by P.G. Zhou, Chinese edition, 1997. "Throwing Innovation in with Tradition Karatsu Pottery, Reporter Herald, Ft. Collins, CO, 19 January 1997. "Potter puts new spin on ancient craft Karatsu Pottery, Reporter Herald, Ft. Collins, CO, 16 January 1997. "Fletcher Challenge 1996 Auckland Studio Potters Inc., Auckland, New Zealand. "International Ceramic Workshop The Gleaner, Kingston, Jamaica, August, 1996. "Artist Profile Doug Casebeer by Jane Wilson, Sojouner, winter 1996 "Visual Arts Review Louisville Art Association, volume 6 #3 4, Louisville, KY, 1995. "Adventures in Pottery Nepal by Elisabeth Kalbfuss, Montreal Gazettee, 10 December, 1994. "Tharu Potters of Nepal by James Danisch, Ceramics Monthly, September, 1994. "Little Nell Hotel Architectural Digest, December, 1993. "Doug Casebeer Ceramic Workshop E1 Mercurio, Santiago, Chile, October, 1993. "American Ceramists of the 20th Century" by Dane Clouthier, Montecito Publishing, St. Louis, MO, 1993. "Functional Ceramics by Tom Hubbard, Crystal Productions, Aspen, CO and Glenview, IL (video), 1992. "Summer at Anderson Art Center by Greg McCombs, Air Destinations, United Airlines, 1992. "Anderson Ranch Art Center by Martina Schoder, Deue Keramik, January 1992, Germany. "Profile: Doug Casebeer by Laura Dixon, Ceramics Monthly, December 1991. "KACA- Newsletter Workshop review, Great Bend, KS, Summer, 1991. "Recent Fires: Contemporary American Ceramics exhibition catalog, foreword by Phillip Rawson, University of Utah Press, 19 "The Clay Cup III exhibition catalog, University Museum, Southern Illinois University Press, January 1990. "One's Own Studio Anderson Ranch Artists" by Nancy Clegg, Aspen Magazine, spring 1990. "Total Involvement" by Jane Dillon, Ceramics Monthly, April 1989. "Anderson Ranch Arts Center by Harry Teague" by Teague and Associates, Architectural Record, May 1989. "Artists of Winter by Nancy Clegg, Aspen Magazine, winter 1989. "Newsmakers at TTU by PBS affiliate WCTE at Tennessee Tech University, Cookevillle, TN visiting artist interview, Appalachian Center for the Crafts, Smithville, TN, October 1988, (video). "Anderson Ranch Arts Center" by Malcom Bates, Ceramics Monthly, March 1987. Organizations International Academy of Ceramics, Switzerland American Ceramic Society, OH National Council on Education of the Ceramic Arts, NCECA, CO College Art Association, NYC American Craft Council, NYC TOWN OF SNOWMASS VILLAGE TC�lIOi�tf \IA Application for Board /Commission Position DEC 8 2009 Board of Appeals and Examiners Liquor Licensing Authorit Financial Advisory Planning Commission Citizens Grant Review Arts Advisory Marketing, Group Sales Special Events Part Time Residents Advisory Board Name: f`y T3 V VI Home Phone: C7�;IL Email: bc j paV u P Cs,c6m Physical Home Permanent Residence Address: 15 S�y� �q City: J 1 ST. ZIP: Yes No D Mailing Address: If No, place of Permanent Residence: Pv l36- sail AspeAA) Fl w;t, Business Mailing Address: Phone: Email address: Employed With: /1 Position: Are you Registered to Vote in Snowmass Village: Yes V or No D List the Experien e or Education which may qualify you for this position: ;Z e W CC :A"A n� i-S Why do you wish to be app to this position j f A e, I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the responsibilities and duties. -7 -0 Applicant'g Signature Date Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p: \shared \clerk \boards \app.b &c TOWN SHOMMS VIL TOWN OF SNOWMASS VILLAGE Application for Board /Commission Position NOV -'D� 0 2009 Board of Appeals and Examiners Liquor Licensing A RIECEIVED Financial Advisory Planning Commission Citizens Grant Review Arts Advisory Marketing, Group Sales Special Events Part Time Residents Advisory Board Name: Home Phone: q j i4o E ail: Physical Home Permanent Residence Address: City: C� V fi ST. ZIP: Yes No El Mailing Address: C If No, place of Permanent Residence: Business Mailing Address: Office Phone: Email address: Employed With: 6 y Position: Are you Registered to Vote in Snowmass Village: Yes i /or No List the Experience o,f Educatio which mpy qualify you for this position:y f Why do you wish to be appointed to this position iL tv t 1 I acknowledge that I am familiar with the qualifications, duties and.responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the responsibilities and duties. Applicant's Signature Date Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p: \shared \clerk \boards \app.b &c TOWN OF SNOWMASS VILLAGE Application for Board /Commission Position Board of Appeals and Examiners Liquor Licensing Authority Financial Advisory Planning Commission Citizens Grant Review Arts Advisory Marketing, Group Sales Special Events Part Time Residents Advisory Board Name: Home Phone: Email: S Physical Home Permanent Residence Address: City: -v ST. ZIP: 6b Yes No Mailing Address: If No, place of Permanent Residence: Business Mailing Address: P° Office Phone: 7-0 67 Email address: 14 Employed With: Position: 7 Are you Registered to Vote in Snowmass Village: Yes X or No List the Experience or Education which may qualify you for this position: w 1 i #.,wU SrA e,. a Why do you wish to be appointed to this position 4 1! 1 acknowledge t am familiar with, the qualifications, duties and responsibilities of the position for which I am appl and, f appointed, I am ready, willing and able to take an oath as well as accepting the po uties. Applicant's Signature Date Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p: \shared \clerk \boards \app.b &c �rk0��m x w,~`_ TOWN OF SNOWMASSVl[[AGE Z00 Application for B0aM1/CV[V0issioOPosition ��������w=�� Board of Appeals and Exanniners Liquor Licensing J���=-' Financial Advisory Planning Commission Authori Citizens Grant Review A�Advimory X Marketing, (�roupSales f� Special Evonto Part Time Residents Advisory Board Name: Julie Ann Woods Home Phone: 970-923-9485 Email: ell(nitnplan@aol.com Physical Home Permanent Residence?: Address: 4000 Brush Creek Rd #4 City: Snowmass Village ST. Mailing Address: PO Box 53 Snowmass Village, CO 81615-5318 If No, place of Permanent Residence: Business Mailing Address: PC) Box 11891 Aspen, CO 81612 Office Phone: 970-948-0802 Email address: jLllie@elkinOLintaitisplanning.cc�tii Employed With: Elk Mountains Planning Group, Inc. Position: President Are you Registered to Vote in Snowmass Village: Yes X or N o List the Experience or Education which may qualify YOU for this position: BS Urban Planning (Michigan State University 1979) Master's in Landscape Architecture (University of Colorado at Deliver 1987) Former Community Development Director for City of Aspen (1 998-2004) and Central City (1994-1996) Self-Employed as a Land Use Planner since 2004 Why do YOU wish to be appointed to this position?: I have been a residence in Snowrnass Village since 1997 and feel it is time for me to become more actively involved with the community. My firm specializes in land Use and development in mountain and resort COMMUnities so I have a lot of knowledge and experience working in other resort communities. I feel I can contribute by sharing ideas and promotions I arn familiar with in other resorts. I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take all oath as well as accepting the responsibilities and duties. 12/9/O F P ocaruuS|U//ucur: Date Return to: Town Clerk Town ofGnovvmass \6Uogo, Box 5010 8novvnlaso Village, CO 81815 TOWN OF S1010 ASS ViUAGE !AGE TOWN OF SNOWMASS VILLAGE UEC 9 20119 Application for Board/Commission Position 'AlEdOVEn! Board of Appeals and Examiners Liquor Licensing A VED Financial Advisory Planning Commission Citizens Grant Review Arts Advisory Marketing, Group Sales Special Events Part Time Residents Advisory Board Nam F--' Home Phone: c 'g -q q U G e I -S 'u'-- Physical Home Permanent Residence?: Address: City: ST. ZIP: Yes I Mailing.Address: If No, place of Permanent Residence: Business Mailing Address: Off ice Phone: Email address: q �-2 Employed With: Position: A cut, Q j(-4 u. k-T s T) Are you Registered to Vote in Snowmass Village: Yes or No List the Experience qr Education which may qualify you for this position: Why do you wish to be appointed to this position?: Jul, C� I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the 4 respons' ities and duties. 7 G 0 9 zv\ A 11 N- ppfl�a:ntfs S Date Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p:\shared\clerk\boards\app.b&c TOWN OF SNOWMASS VILLAGE Application for Board /Commission Position L iii J Board of Appeals and Examiners X Liquor Licensing Aut Financial Advisory Planning Commission Citizens Grant Review Arts Advisory Marketing, Group Sales Special Events Part Time Residents Advisory Board Name: Home Phone: 10A ja S 9 Email: Physical Home �a Z Permanent Residence Address: City: sT. ZIP: 1 Yes.R No Mailing Addresst If No, place of Permanent Residence: Business Mailing Address: �G� ��o. L Office Phone: Email address: Employed With: Position: s Are you Registered to Vote in Snowmass Village: Yes or No List the Experience or Education which may qualify you for this position: s 'C' `t' V L-,; Why do you wish to be appointed to this position I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am a lying and, if appointed, 1 am ready, willing and able to take an oath as well as accepting the resp6nsibilities and duties. 1 16- Applicant's Signature Date Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p: \shared \clerk \boards \app. b &c TOWN OF SHOW"S VILLAGE NOV 3 0 2009 TOWN OF SNOWMASS VILLAGE Application for Board /Commission Position RECOVED Board of Appeals and Examiners Liquor Licensing Authority Financial Advisory Planning Commission Citizens Grant Review Board Arts Advisory Board Marketing Special Events Board _x_ Part Time Residents Advisory Board Name: Home Phone:765 743 6286 or 765 412 John R. Barrett 9090 cell, email address barrett @purdue.edu Physical Home Permanent Residence Address: 1220 Fawn Ridge Drive City: W. Lafayette Yes No x ST. ZIP: IN 47906 4755 Mailing Address: Same as above. If No, place of Permanent Residence: Email Address: barrett @purdue.edu (same as physical home) Business Mailing Address: None, retired. Office Phone: None. Employed Previously With: US Department of Agriculture and Purdue University. Position: Senior Scientist and Director of Research in Artificial Intelligence. Are you Registered to Vote in Snowmass Village: Yes or No X List the Experience or Education which may qualify you for this position: l have been an at -large member of this Board since It's beginning, having served as Chairperson in 2009 and as secretary a couple of years before that. Also, I have been on the Woodbridge Board of Directors for the past 17 years, in various positions. Especially, with our reconstruction and in laison with what ever group was developing the Center. Why do you wish to be appointed to this position? This Board's work continues during a difficult economic situation. I want to be reappointed to help address issues that affect maintaining and improving ownership and quality of life for part -time homeowners, from their interest and perspectives. We must continue to give the Council information they need in brief and timely fashion. I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the responsibilities and duties. \s\ John R. Barrett December 1, 2010 To: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 TOWN OF SNOWMASS VILLAGE Application for Board /Commission Position Board of Appeals and Examiners Liquor Licensing Authority Financial Advisory Planning Commission Citizens Grant Review its Advisory Marketing, Group Sales &Special Events 2N Homeowners Name: Home Phone: a k §i i ri q lqj� Email: Physical Home '�-310 N' j f en IG W Permanent Residence Ad d r ess: ►C y�C� t� ST. ZIP: No Mailing Address: If No, place of Permanent Residence: 4 'W Fk 3390 Business Mailing Address: 6t rh. t r :5 Office Phone: Email address: err J Employed With: osition: Otl E Are you Registered to Vote in Snowmass Village: Yes or CNO List the xperie ce or Edu ation which ua fy yo for this itio �I -C��N U C nt ha V� (�>'I� r� C� t� n hC; e rr s5 1qW was (-:k X6 r a n n c�� r�z f l e ad t't) 4 O'be, Why do you wish to be appointed to this, position I& Ve- SM Y a ne Xt ive- oc���� fro r �Ece sine 1q,RI rre�rfl 7 inch orl l V r C� T. i t �1 i 1� �h t'S 1'�C���ri�ry �Yj 9 �Ia a eurre,li S saziahon. I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the r possibilities and dutie Applicant's Signature DA Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p:\sha red\clerk\boards\app.b &c TOWN OF SNOWMASS VILLAGE DEC 7 2009 Application for Board /Commission Position RE Board of Appeals and Examiners Liquor Licensing Authority Financial Advisory Planning Commission Citizens Grant Review Arts Advisory Marketing, Group Sales Special Events Part Time Residents Advisory Board Name: Home Phone: <l �3 f holy 5 �c b i Email: F 4 0 1-`c- Physical Home Permanent Residence Address: f� �L 7 l�J Q,2Ir: City: ST. ZIP: Yes 0/ N o Mailing Address: C �b S aX C 5-13 If No, place of Permanent Residence: U h f Business Mailing Address: �j i Office Phone: Email address: jvj C� /�3 6 1I t �7a'f Employed With: Position: f "il Zc1 Are you Registered to Vote in Snowmass Village: Yes 4- No List the Experience or Education which may qualify you for this position: C oe& �`�CC� Why do you wish to be appointed to this position y L v 1 'Ev I p% A-11 s w (S v S I acknowledge that. I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the responsibilities and duties Applb nt s Igna ure 1 6t Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p: \shared \clerk \boards \app.b &c TOM Cr- TOWN OF SNOWMASS VILLAGE NOV 2 3 2009 Application for Board /Commission Position Board of Appeals and Examiners Liquor Licensing Author Financial Advisory Planning Commission Citizens Grant Review Arts Advisory Marketing, Group Sales Special Events Part Time Residents Advisory Board Name: L C n s Home Phone: C- Email: r� n Wip �nC'tt &J"- dp�3 Physical Home 3 1 kot k k' p a u Address: J Permanent Residence City: k V (S CO sT. &ZIP: �(6 (S Yes No Mailing Address: If No, place of Permanent Residence: Business Mailing Address: Office Phone: qZ j 2,TgR Email address: `Lt4t e-, 3 25 Employed With: Position: W Ul �i�t C, O GI �'�t fi �t'i !iv l� D i� btelr Are you Registered to Vote in Snowmass Village: Yes X or No List the Experience or Education which may qualify you for this position: o Why do you wish to be appointed to this position 0(9-f& t t�" J- o L't f4k ul Ct�� �Lr, 2t,�,, i e,, I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the r pon Qties a duties. Ap licant' Signature Date Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p: \shared \clerk \boards \app.b &c TOWN OF SNOI W'V 3 I� G 4= TO N.OF_SNOW ASS VILLAGE Application for Board/Commission Position RECENE X Board of Appeals and Examiners Liquor Licensing Authority Financial Advisory Planning Commission Citizens Grant Review Board Arts Advisory Board Marketing Special Events Board 2 Homeowners Board Plane: James A. Gustafson 92&-3639 I Physical Home Permanent Residence Address: 81 North Ridge Lane City: Snowmass Village, CO 81615 ST. ZIP: Yes X No Mailing Address: If No, place of Permanent Residence: 0 S ox O b Business Mailing Address: Office Phone: 234 E. Hopkins, Aspen, CO 81611 925 -3383 Employed With: Position: Caudill Gustafson Assoc. Architects, P.C. President Are you Registered to Vote in Snowmass Village: Yes. X or No List the Experience or Education which may qualify you for this position: Homeowner and Resident of Snowmass Village since 1976. Resident of Roaring Fork Valley since 1970. Membership and participation in several Snowmass Village organizations, such as: Homeowners Association Board of Directors, Snowmass Village Rotary Club, Design Review Committee, etc. (See Resume). Professional training in architecture, over 20 years of experience on the TOSV Planning Commission Many years of prior experience on the Snowmass Village Board of Examiners Appeals. Why do you wish to be appointed to this position i the past Building Codes have called for a composition of the Board of Appeals to include an Architect, Engineer, General Contractor, Plumber Electrician. TOSV has strived to maintain this composition over the years, and we have found it to have a good knowledge base in dealing with, Contractor Building Code issues. As a Registered Architect for 35 years, I feel that my professional background and many years of experience with the Board of Examiners Appeals are appropriate and valuable qualifications for continuing to fill this position, and contribute to the welfare of TOSV. An active working knowledge of the Construction Industry in general and the Building Codes (especially with adoption of the new 2009 IBC new TOSV initiatives such as the REOP Program), as well as familiarity with local issues conditions, are important prerequisites for the "Architect" member of the Board. The continuity maintained by a reappointment is advantageous. I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and i app nted, I am ready, willing. and able to take an oath as well as accepting the resp rts� 9 2/90/09 Applicant's Signature Date Return to: Town Clerk, wn of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p: \shared \clerk \boards \a pp. b c.04 s james gustafson, 1 cart James A. Gustafson NCARB, President of Caudill Gustafson Associates, joined the firm in 1970 and has been the Managing Principal since 1980. He has broad experience in the management of large -scale design and construction projects of a Public /Institutional and Resort/Hospitality nature in the Rocky Mountain region as well as Internationally. Mr. Gustafson has served as Project Architect, Project Manager or Principal -in- Charge for over two hundred of the firm's most significant projects over the past thirty -five years. These facilities have received more than fifty Architectural Design Awards. Since 2002, he has also served as a President of Z -Group Architects. Mr. Gustafson has been actively involved in a wide range of recent building programs including major Educational, Conference Hotel facilities in the United States and in Asia. in addition to basic Architectural/ Engineering services, these projects have included substantial programming and planning activity for many multi- faceted building complexes, which have incorporated phased and fast tracked construction. He has also remained very active in Community and Professional affairs. PERSONAL: Born: Oak Park, Illinois November 12, 1943 Married. Mary Brent Childers May 30, 1970 Children: Britta Anne Gustafson April 13, 1978 Kalli Anelia Gustafson July 20, 1981 Sonya Marie Gustafson November 15, 1983 EDUCATION: University of Illinois: Undergraduate Division: Chicago, Navy Pier 1961 -1964 i Champaign /Urbana: 1964 -1966 Bachelor of Architecture: 1966 REGISTRATION: Colorado License: B -1062 1975 (by Examination) NCARB Certificate No. 29,754 PROFESSIONAL CIVIC ACTIVITIES: Society of American Registered Architects American Institute of Architects, Colorado Society of Architects Council of Educational Facility Planners, International Member. Aspen School District RE -1, Accountability Committee Past Member. Snowmass Village Planning Commission Member Past Chairman. io Snowmass Architectural Design Control Committee Architect. Colorado Mountain College Past Community Advisory Committee Member, Value Analysis/Value Engineering Workshop /Seminar Graduate. International Daylighting Conference Phoenix. o International Resort Conference Tokyo. American Society of Landscape Architects Merit Award Recipient American Planning Association Past Member. National Trust for Historic Preservation Member. Construction Specifications Institute Member. o National Fire Protection Association Member. Snowmass Homeowner's Assn. Bd. of Directors Past Vice President. Colorado Mountain College Foundation Bd. of Directors, Past Member. Who's Who in American Education and Who's Who in The West, Aspen Community Service Award Recipient for Six years Aspen /Japan Sister City Committee Past Member. Aspen Japan Institute, Ltd. Board of Directors. Japan America Society, Denver Chapter Bd. of Director, Past Membrer Sister City Housing, Inc. Board of Directors, Past Member. Bi- National Mountain Resort Conference: Kioro, Japan Speaker Keynote Speaker international Symposium on Highlands Resorts Aso Region, Kumamoto Prefecture Kyushu, Japan AIA Committee on Architecture for Education Member. Snowmass Board of Examiners Appeals Member Past Chairman. Aspen Valley Medical Foundation Past Member. American Arbitration Association Panel Member. Rotary International- Snowmass Village International Committee Chairman PROFESSIONAL EXPERIENCE: Z -Group ARCHITECTS, President. 2002 Present CAUDILL GUSTAFSON ASSOC. ARCHITECTS, P.C: 1980- Present President: 1984-Present Comprehensive General Architectural Practice with Staff of up to 23 including 15 Registered Architects. Major projects include: Over 75 major Educational Projects 30 Higher Education Facility Projects 25 Secondary School Projects b25 Elementary School Projects Over 100 Public Commercial Projects 30 Resort /Hospitality Projects 30 Government Projects b 30 Housing Complex Projects ,25 Health Care Service Projects Over 50 Residential Projects V Over 20 Projects in Japan and elsewhere in Asia, and in Russia Managing Partner: 1980 -1983 Awards: 1980- Present Over 50 Architectural Awards participation as Project Architect, Design Team Member, and Principle -in- Charge CAUDILL ASSOCIATES. ARCHITECTS: 1971 -1979 Chief Architect /Office Manager: 1978 -1979 Project Architect: 1975 -1978 Job Captain 1972: 1974 b Designer /Drafter: 1971 1972 ASPEN INTERNATIONAL PROPERTIES: 1970 Architectural Model Maker, Assistant Design Aspen Wildcat Project MILITARY: U.S. ARMY CORPS of ENGINEERS: 1966-1969 9 Lieutenant with Honorable Discharge in 1969 Basic Advanced Engineer Training, Ft. Leonard Wood, MO: 1966 Officers Candidate School (OCS) Ft. Belvoir, VA: 1967 ,Combat Engineers Graduate Asst. Master Planner- Post Engineer's Office, Fort Carson, CO: 1967 e Platoon Leader- 7 Combat Engineer Battalion, 5 Division: 1968 ,Officer's Vehicle Maintenance School Officer's Chemical Biological Radiological War School Assistant Mekong Delta Area Engineer: 1968 -1969 IV Corps Base Development Officer. 1968 -1969 ,City of Can Tho, Republic of South Vietnam Project Supervisor- 213 Engineer Detachment (USAECAV): 1968 -1969 Officer -in- Charge for Construction of a 200 -Man Special Forces Compound at Village of Cao Lanh on the Cambodian Border Installation of Support Facilities for 2 4 -Man MACV Advisory Teams located throughout Mekong Delta IV Corps Sector Bronze Star Medal Service in Republic of South Vietnam: 1968 -1969 k TOWN OF SNOVVMASS VILLAGE Ii L j; j Application for Board /Commission Position Board of Appeals and Examiners Liquor Licensing Authority Financial Advisory Planning Commission Citizens Grant Review Arts Advisory Marketing, Group Sales Special Events Part Time Residents Advisory Board Name: 6A `,f r V Home Phone:q,� 3- --45`1 Z Email I cs PUS \T CS .Co' Physical Home Permanent Residence Address: f' 50 STIOR el belL 4 City: ►�Z�v VtLlaGe- ST. &ZIP:L Yes No Mailing Address: t'OP j o S If No, place of Permanent Residence: A s +rt C O Q W Z. Business Mailing Address: Office Phone: Email address: Employed With: Position: Are you Registered to Vote in Snowmass Village: Yes V1 or No List the Experience or Education which may qualify you for this position: Various degrees and studies in economics, strategic planning, management and analysis with related job experience. Prior service as member and/or Chair on Planning Commissions, Town Council (TOSV), Marketing Board (TOSV) and community non- profit Boards such as ACES, Aspen Public Radio and Executive Service Corps. Why do you wish to be appointed to this position I've enjoyed contributing to the community as a Planning Commission member /Chair and believe I could continue to make a positive difference with Council's approval. I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the res7's and duties. App icant's 81 9 nature Date Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p: \shared \clerk \boards \app.b &c TOWN OF SNOWMASS VILLAGE d 'QF C &C'Yil Application for Board /Commission Position Board of Appeals and Examiners Liquor Licensing Authority 20Q9 Financial Advisory Planning Commission Citizens Grant Review Arts Advisory R Marketing, Group Sales Special Events Part Time Residents Advisory Board Name: Home Phone: rJ;3L -L, 3c Email S EJ r� (D SDr )s r,44 Physical Home J Permanent Residence Address: City: C�G ST. ZIP: Ye7 No Mailing Address: If No, place of Permanent Residence: 0 a��,� Business Mailing Address: G j i� U Office Phone: s Email address: i� r S) Employed With: Positio c7 c 1 Are you Registered to Vote in Snowmass Village: Yes* or No List the Experience or Education which may qualify you for this position: i 1.3'i y�Zr. 1 J rl r. i 1��= Yv-• 7'ti t S t 'lam -2 Why do you wish to be appointed to this position CK 6. I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the responsibilities and du ies. X Applicant's Signature Date Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p: \shared \clerk \boards \app.b &c TOWN OF SNOWMASS VILLAGE Application for Board/Commission Position Board of Appeals and EXonninenS Liquor Licensing AuthOhNU� in Financial n@DCio4d«isorY Planning COnlnli iOD,�������J������ Citizens Grant Review Arts Advisory Marketing, Group 8o}ee Special Events Part Time Residents Advisory Board Name: Home Phone: CL C) 9 Physical Home Permanent Residence?: Mailing Address: O IL If No, place of Permanent Residence: Business Mailing Address: Office Phone: Email address: &w 4 Employed With: Position: Are you Registered to Vote in Snowmass; Village: Yes elor No [I List the Experience or Education which may qualify you for this position: Why do you wish to be appointed to this position?: |aoknovv|odge that onn familiar with the qua|ificntions, duties and responsibilities of the position for which am applying and. if appointed, am naedy, willing and able to take an oath as well as accepting the responsibilities and duties. \1 120 10 9 A��U�8Dt'S8|gDGtUn8 Date Return to: Town O/erh. Town of Snovvmaea VlUage.�Box 5010. 8nowmaea Village, CO 81615 p:\sxan:d\mem\buods\mpp.u&u TOWN t TOWN OF SNOWMASS VILLAGE LIE 2 2009 Application for Board /Commission Position Board of Appeals and Examiners Liquor Licensing Auth Financial Advisory Planning Commission Citizens Grant Review Arts Advisory Marketing, Group Sales Special Events Part Time Residents Advisory Board Name: Home Phone:? �o ?9;9 oa33 Email: Physical Home Permanent Residence Address: j� City: S I/ I ST. ZIP: ?161! Yes No Mailing Address: Pc7 Qv 5 C}� If No, place of Permanent Residence: Business Mailing Address: S. Office Phone: Email address: Employed With:, IF Position: Are you Registered to Vote in Snowmass Village: Yes 'K or No 0 List the Experience or Education which may qualify you for this position: 2 n e,N 1 4,,ca�f, A vifa AiL yct2 s,� -�7N� {���N�,.ti lj�,Q,� �2 Yns �'��1�y diyLt pt 80"d" vf yXo p ti� 3 L� y rS 5� t tJc/L(Gin�oj /NC (J,2iV,ItI /LC'/ .M/tNUF rO 2 livrj �jvP�V2Cf tn Why do you wish to be appointed to this position eZ a, o%rifna a` z` e G� �r�� Jed tires e fo tie 3� 1 acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the responsibilities and duties. Applicant's Signature Date Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p: \shared \clerk \boards \app.b &c OV,.,_ TOWN OF S@OWMASSVIL[AGE DEC �y° °mv^ Application for Board/Commission Position ��m���� Board of Appeals and EXarn|0ars Liquor Licensing Authority Financial Advisory X P|8ODiDg [|oOnnl/asioD Citizens Gn3Oi F<eviow Arts Advisory Marketing, Group Sales Special Ev�nta Part Time Residents Advisory Board Name: Julie Ann Woods Home Phone: 970-923-9485 Email: elkmtnplan @aol. coin Physical Home Permanent Residence'?: Address: 4000 Brush Creek Rd #4 City: Snowrnass Village ST. y X ZIP: 0081615 No C1 Mailing Address: PO Box 5318 Snownrass Village, Co 81615-5318 If No, place of Permanent Residence: Business Mailing Address: PO Box 11891 Aspen, CO 81612 Office Phone: 970-948-0802 Email address: jLifieLDelkmour)tainsplanning.com Employed With: Elk Mountains Planning Group, Inc. Position: President Are you Registered to Vote in Snowmass Village: Yes X or No List the Experience or Education which may qualify you for this position: BS Urban Planning (Michigan State University 1979) Master's in Landscape Architecture (University of Colorado at Deliver 1987) Former Community Development Director for City of Aspen (1 998-2004) and Central City (1994-1996) Self-Employed as a Land Use Planner since 2004 Why do you wish to be appointed to this position?: I have been a residence in Snowmass Village since 1997 and feel it is time for me to become more actively involved with the community. I feel I can contribute to the planning process and can help provide Council with guidance as they make difficult land use decisions in the future. I acknowledge that I arn familiar with the qualifications, duties and responsib of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the r7risibilities and duti 12/9/09 /��)|i�8ntS Signature Date Return to: Town Cler Town ofSnovvrnaaoVillage, Box 5O1O.8novvnlase Village, CO81815 MEMORANDUM TO: Snowmass Village Town Council FROM: Donna J. Garcia Spaulding, CMC CGRB Liaison FOR: Marylou Farrell, Chair Citizen's Grant Review Board (CGRB) DATE: January 04, 2010 SUBJECT: RESOLUTION NO. 04, SERIES OF 2010 A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR BUDGETED GRANT CONTRACTS TO CHARITABLE AND HUMAN SERVICE ORGANIZATIONS I. PURPOSE, ATTACHMENTS AND ACTIONS REQUESTED OF COUNCIL: This resolution authorizes expenditure of funds budgeted to the Charitable Human Service organizations. II. ATTACHMENTS: a. Resolution No. 04, Series of 2010 III. ACTION REQUESTED: Staff and the Citizen's Grant Review Board are respectfully requesting, that Council approve Resolutions No. 35, Series of 2009. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 04 SERIES OF 2010 A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR BUDGETED FOR GRANT CONTRACTS TO THE CHARITABLE AND HUMAN SERVICE ORGANIZATIONS WHEREAS, the Town Council has allocated $61,000 to be distributed to charitable and human service organizations in 2010; and WHEREAS, the Town Council is committed to supporting community services that the Town is not staffed to provide; and WHEREAS, the Citizen's Grant Review Board has carefully reviewed the grant request submitted by charitable and human service organizations. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado that the following donations be made: Section One: Grant Awards Alpine Legal Services 2,000 Aspen Camp of the Deaf Hard of Hearing 500 Aspen Counseling Center 3,000 Aspen Youth Center 4,250 BuddyProgram 1,250 Catholic Charities 2,000 Columbine Home Health 500 Community Health Services 15,000 Little Red Schoolhouse 11,000 Pathfinders................................................... 3,000 Pitkin County Senior Services 5,000 Project Graduation 1,000 Response..................................................... 3,250 Valley Partnership for Drug Prevention 5,000 YouthZone 3,500 Total .....................$61,000.00 Section Two Disbursement Res. 10 -04 Page 2 of 2 The expenditure of funds will be made in full on or before March 31, 2010. INTRODUCED, READ, AND ADOPTED, by the Town Council of the Town of Snowmass Village, Colorado on the 4 th day of January, 2010 with a motion made by Council Member and seconded by Council Member The motion was approved by a vote of 5 in favor to 0 opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: Rhonda B. Coxon, CMC Town Clerk APPROVED AS TO FORM: John Dresser, Town Attorney MEMORANDUM TO: Snowmass Village Town Council FROM: Rhonda B. Coxon, Town Clerk DATE: January 4, 2010 SUBJECT: RESOLUTION NO. 01 SERIES OF 2010 CONSIDERATION OF A RESOLUTION DESIGNATING THE LOCATIONS OF THE OFFICIAL PUBLIC NOTICE BOARDS FOR THE TOWN OF SNOWMASS VILLAGE I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL Section 24 -6 -401 C.R.S. declares that it is the policy of the State of Colorado that the formation of public policy is public business and may not be conducted in secret; and The Town Council, the Planning Commission, the Liquor Licensing Authority and other boards and commissions of the Town are local public bodies within the meaning of Section 24- 6- 402(1)(a) C.R.S. and therefore all meetings of such bodies are open to the public; and Section 24- 6- 402(2)(c) C.R.S. requires that any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation or formal action occurs shall be held only after full and timely notice to the public has been provided; and Section 24- 6- 402(2)(c) C.R.S. provides that full and timely notice shall be deemed given, if notice of the meeting is posted in a designated public place within the Town no less than 24 hours prior to the holding of the meeting; and Section 24- 6- 401(2)(c) C.R.S. requires that the public place for posting such notice shall be designated annually at the first regular meeting of each calendar year of the Town Council; and Section 24- 6- 401(2)(c) C.R.S. requires that the posted notice include specific agenda information where possible. Approve, modify or deny Resolution No. 01, Series of 2010 II. DISCUSSION The Town of Snowmass Village has two Public Notice Boards; one located in the Snowmass Center, 16 Kearns Road, located on the first floor of the building in the public hallway and one located in the lobby of the Town Hall, 130 Kearns Road near the Town Clerk offices. 09 -01 Page 2 of 2 a. The notice board located on the first floor of 16 Kearns Road in the public hallway; and b. The notice board located in the lobby of the Town Hall at 130 Kearns Road, near the Town Clerk offices; and 2. Board Compliance Notices of meetings of all boards and commissions of the Town within the meaning of Section 24- 6- 402(1)(a) shall be timely posted on the Public Notice Boards. 3. Direction to Town Manager The Town Manager shall cause all notices of public meetings within the meaning of Section 24- 6- 402(1)(b) to be timely and conspicuously posted on the Public Notice Boards. INTRODUCED, READ AND ADOPTED, by the Town Council of the Town of Snowmass Village, Colorado on the 4 day of January 2010 with a motion made by Council Member and seconded by Council Member by a vote of in favor and opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: RHONDA B. COXON, Town Clerk APPROVED AS TO FORM: JOHN C. DRESSER, JR., Town Attorney TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 01 SERIES OF 2010 CONSIDERATION OF A RESOLUTION DESIGNATING THE LOCATIONS OF THE OFFICIAL PUBLIC NOTICE BOARDS FOR THE TOWN OF SNOWMASS VILLAGE WHEREAS, Section 24 -6 -401 C.R.S. declares that it is the policy of the State of Colorado that the formation of public policy is public business and may not be conducted in secret; and WHEREAS, the Town Council, the Planning Commission, the Liquor Licensing Authority and other boards and commissions of the Town are local public bodies within the meaning of Section 24- 6- 402(1)(a) C.R.S. and therefore all meetings of such bodies are open to the public; and WHEREAS, Section 24- 6- 402(2)(c) C.R.S. requires that any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation or formal action occurs shall be held only after full and timely notice to the public has been provided; and WHEREAS, Section 24- 6- 402(2)(c) C.R.S. provides that full and timely notice shall be deemed given, if notice of the meeting is posted in a designated public place within the Town no less than 24 hours prior to the holding of the meeting; and WHEREAS, Section 24- 6- 401(2)(c) C.R.S. requires that the public place for posting such notice shall be designated annually at the first regular meeting of each calendar year of the Town Council; and WHEREAS, Section 24- 6- 401(2)(c) C.R.S. requires that the posted notice include specific agenda information where possible; and WHEREAS, the Town Council desires to insure that all local public body meetings comply with the provisions of the laws of the State of Colorado. NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, as follows: 1. Designation and Locations One Public Notice Board located in the Snowmass Center, 16 Kearns Road, Snowmass Village and one located in the Town Hall 130 Kearns Road, Snowmass Village, Colorado are hereby designated as the Official Public Notice Boards for the Town as follows: MEMORANDUM TO: Snowmass Village Town Council FROM: Rhonda B. Coxon, Town Clerk DATE: January 4, 2010 SUBJECT: RESOLUTION NO. 02 SERIES OF 2010 CONSIDERATION OF A RESOLUTION APPOINTING H. LAWSON WILLS AS MUNICIPAL JUDGE I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL Section 7.2 of the Home Rule Charter provides that the Town Council will appoint a Municipal Judge and may reappoint the Municipal Judge subsequent terms. Approve, modify or deny Resolution No. 02, Series of 2010 II. DISCUSSION The Municipal Judge will be available to give a brief report and answer any questions you may have. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 02 SERIES OF 2009 A RESOLUTION APPOINTING H. LAWSON WILLS AS MUNICIPAL JUDGE, SETTING THE TERM OF OFFICE AND COMPENSATION. WHEREAS, Section 7.2 of the Home Rule Charter provides that the Town Council will appoint a Municipal Judge and may reappoint the Municipal Judge for subsequent terms; and WHEREAS, due to excellent service as the Municipal Judge the Town Council would like to reappoint H. Lawson Wills as Municipal Judge; and NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One: Appointment H. Lawson Wills is hereby appointed as Municipal Judge for the Town of Snowmass Village. Section Two: Term The term shall commence January 4, 2010 and shall expire December 31, 2010 Section Three: Compensation The rate of compensation shall be $8,100.00 annually, payable in twelve equal installments on the first of each month and a ski pass. INTRODUCED, READ AND ADOPTED as amended by the Town Council of the Town of Snowmass Village, Colorado on the 4th day of January 2010 with a motion made by Council Member and a second made by Council Member and by a vote of in favor to opposed. TOWN OF SNOWMASS VILLAGE ATTEST: BILL BOINEAU, Mayor RHONDA B. COXON, Town Clerk APPROVED AS TO FORM: JOHN C.DRESSER, JR., Town Attorney MEMORANDUM TO: Snowmass Village Town Council FROM: Susan Hamley DATE: January 4, 2010 SUBJECT: 2 nd Reading of Ordinance No. 24, Series of 2009- Amending the MGSSE Budget I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Town Council is requested to review the budget for Snowmass Village marketing and special events and either adopt, amend and adopt, or deny Ordinance 24, Series of 2009. 2. BACKGROUND At the December 21S meeting the Town Council approved Ordinance No. 24, Series of 2009 on 1S reading. They also had a detailed discussion with the Marketing, Group Sales, and Special Events Board on communication between the two boards. Both agreed that a follow -up meeting in the early Spring (2010) would be valuable to discuss budgeting philosophy and a format for future reports from the Board to the Council. P: \MANAGER.XSC \Memo 2010 \Marketingbudget010410.doc SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 24 SERIES OF 2009 AN ORDINANCE AMENDING THE 2010 BUDGET FOR THE MARKETING AND SPECIAL EVENTS FUND FOR THE TOWN OF SNOWMASS VILLAGE. WHEREAS, the Town Manager, has submitted a 2010 Revised Budget; and WHEREAS, the 2010 budget, revenues and expenditures have varied from budgeted amounts; and WHEREAS, revenues for the chili pepper brew fest and other events have changed and expenditures have increased due to the appropriation of the additional revenues and use of the reserve fund; and WHEREAS, the Town of Snowmass Village Home Rule Charter requires adjustments to the budget when circumstances change relating to the budget. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One Revised Budget That the Town of Snowmass Village 2010 budget be adjusted to the 2010 revised budget for the Marketing and Special Events Fund, a true and accurate copy of which is attached hereto. Section Two Appropriation That the 2010 revised budgeted revenue is hereby appropriated for expenditure during the 2010 budget year. Section Three Effective Date This Ordinance shall become effective upon adoption in accordance with Article X, Section 9.11 (e) of the Home Rule Charter. INTRODUCED, READ AND ADOPTED on first reading by the Town Council of Snowmass Village, Colorado on the 21 st day of December, 2009 with a motion made by Council Member Butler and seconded by Council Member Lewis and by a vote of five (5) in favor and none (0) opposed. INTRODUCED, READ AND ADOPTED on second reading by the Town Council of Snowmass Village, Colorado on the 4th day of January, 2010 with a motion made by and seconded by and by a vote of in favor to opposed. A roll call was taken, those in favor were those opposed were TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda Coxon, Town Clerk APPROVED AS TO FORM: John C. 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PURPOSE AND ACTIONS REQUESTED OF COUNCIL: A. Review the final format of the Update to the Comprehensive Plan and provide comments on the layout and design to be incorporated by 2 nd Reading. B. Approve on first reading Ordinance 1, Series of 2010 approving the Comprehensive Plan. II. BACKGROUND A. Goals for the Comprehensive Plan Update The Town Council approved the following goals for updating the Comprehensive Plan: a. Refine and provide definition to the Town's vision for the future through a community -based process. b. Ensure future development works within the carrying capacity of the community. c. Complete the West Village planning process as part of the update so that: community goals can be realized in this commercial area, new development does not exceed the community's carrying capacity, the three commercial nodes can complement each other, and transit oriented development can effectively be integrated with other public and private uses in the area. d. Update critical areas of the 1998 Comprehensive Plan, (including, but not limited to: Economic and market needs, Transportation Plan and Employee Housing needs) as the result of development that has been approved and as the result of the physical planning for the West Village. e. Provide clear guidelines for new development and identify needed public benefits. B. Actions to date on Comprehensive Plan process The following includes a summary of the major steps to date: Webpage development for the project Meetings with key stakeholders (Pitkin County, USFS, Ski Company, Water District, Fire District ect.) Fall of:2007 State of the Comprehensive Plan meeting December 3, 2007 t 1 Public Meeting on Values Community Attributes December 12, 2007 Meeting with PTRAB December 19 2007 Public Meeting on Vision December 20, 2007 Recap of Vision and Values Public Meeting January 10, 2008 West Village Workshop January 11, 2008 Process Update with Town Council January 22, 2008 RRC Report on the Marketing Board's Economic Strategy to Council February, 2008 Presentation of Initial Concepts February 26, 2008 Coffee Talks at Recreation Center and Spencers March, April 2008 Transportation Report to Council April 21, 2008 RRC Housing Report to Council May 19, 2008 Public Open House July 9, 2008 Planning Commission Hearing July 2008 February 2009 Council meetings and review February- November 2009 Public Meetings on Comprehensive Plan December 8 -9, 2009 III. MAJOR DEVELOPMENTS IN THE PLAN A. Format of the Document During the Planning Commission review of the document, and after consultation with the Town Council, it was determined that the 1998 Comprehensive Plan format should be modified and significantly streamlined. It was also concluded that the major tenants of the 1998 Plan that should not be modified as part of this update. A significant formatting edit of the 1998 then occurred. The goals of this editing process were to: Make the 1998 format more concise and to the point. Continue to maintain the policy statements from the 1998 plan that were not modified as part of this update. Place supporting documentation into an appendix. This generated the idea of creating a "digital" document that has links. The decision to edit the document certainly lengthened the process significantly and required a page -by -page review by both the Planning Commission and the Town Council. The final format is arguably a much more usable document and will be available on the Town's website. It should be noted, that there are still very minor changes being made to the layout, especially in the appendices where charts and graphs are still being aligned. In addition, Pitkin County may still -be forwarding the Town their comments on the plan. Staff anticipates any comments from the County should be received prior to 2 nd reading. B. Review input and proposed direction for West Village Planning A significant purpose in the original direction to the Update of the`Plan was to prepare for what appeared to be imminent redevelopment of West Village. This is no longer a current pressure in 2010. Instead of creating a master plan for this commercial area, the final document provides a list of performance criteria for West 2 1 1 Village and keeps the quantitative development parameters the same. In the current build out chart, the Plan contemplates an average limit of 14.3% additional residential units. This approach infers that future applicants would continue to use the PUD process in this area. We heard from the public that there would be little or no support for increasing the development parameters (height, floor areas) for West Village with out understanding the full proposal by an applicant. Based on this input, staff is recommending that the above mentioned criteria be further enhanced and used to assist in the review of any future development applications for the West Village. C. Carrying Capacity /Adequate Public Facilities A major theme throughout the document is to identify the Town's carrying capacity and ensure that there are "adequate public facilities" to support any proposed growth in the community. An extensive process occurred to identify both man -made and natural limitations to growth. The primary constraints to growth were both transportation /parking infrastructure and housing. A key decision in the process was to maintain an LOS of C. This is acknowledged as being very challenging with the build -out of Base Village. Maintaining this level of service will require minimizing commuting for employees and thus providing employee housing in close proximity to any new growth in the West Village and the Center. In addition, carefully planning for new transportation capacity is required to maintain service levels on both our roads and for mass transit. An ambitious action in the Plan is proposed which is to monitor people trips so that all modes of transportation can be monitored and managed. D. Economic Considerations It should be acknowledged that the Marketing, Special Events, and Group Sales Board developed a strategic plan for improving the economic vitality of the resort and community. Given much as changed from 2008 to 2010 in the economic conditions of the nation_ and the community, the basic conclusions in Chapter 4 "Regional and Commercial Economics" remain valid. Major goals in this Chapter include: Continue to invest appropriately in winter while increasing emphasis on summer, which presents significant opportunity towards being a more sustainable multi- season resort. Improving the interconnection of the three commercial nodes. Ensure the Center continues to provide community serving commercial services. Reduce leakage in the community by encouraging an appropriate critical mass of commercial opportunities. Maintain an enhance conference facilities. Supporting and enhancing community, amenities, locally owned /managed businesses, and improving occupancy are significant goals. It should be noted that developers in the community did not see specific incentives (additional height, floor area, etc) to achieve these goals through new development. The Plan continues to assume that new growth occurs within the limits of the Town's carrying capacity and that the PUD process will continue to be the tool by which a developer proposes new development. The plan provides a clearer set of limits for growth and desired public 3 benefits. In addition, it provides guidance for the utilization of marketing, special event, and group sales funds to maximize the success of the Town's commercial areas. IV ACTION REQUESTED OF COUNCIL The Town Council is requested to provide comments on the final format and layout of the Plan and to approve the first reading of an ordinance to adopt the plan. Attachments: Attachment A: Ordinance 1, Series of 2010 Attachment B: Resolution from Planning Commission Attachment C: Draft Comprehensive Plan 4 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 1 SERIES OF 2010 AN ORDINANCE AMENDING THE TOWN OF SNOWMASS VILLAGE COMPREHENSIVE PLAN WHEREAS, amendments to the Comprehensive Plan contained in this Ordinance are being processed under the provisions of Section 16A -1 -50 of the Snowmass Village Municipal Code; and WHEREAS, the Comprehensive Plan was adopted in 1998 and significant new development has occurred in the Town of Snowmass Village since the adoption of the Comprehensive Plan; and WHEREAS, through the years since adoption of the Comprehensive Plan, the Planning Commission has conducted Periodic Reviews of the Comprehensive Plan and submitted State of the Comprehensive Plan Reports to Town Council as provided by the Snowmass Village Municipal Code; and WHEREAS, in 2007 the Planning Commission conducted a Periodic Review as provided by the Snowmass Village Municipal Code and on November 28, 2007 adopted Resolution No. 20, Series of 2007, containing their 2007 State of the Comprehensive Plan Report ("2007 Report and WHEREAS, said 2007 Report was submitted to the Town Council at a joint meeting of the Planning Commission and the Town Council and on December 3, 2007 the Town Council conducted a public hearing on the State of the Comprehensive Plan Report; and WHEREAS, the Town Council accepted the report and directed that staff proceed with retaining a consultant for the purpose of developing amendments to the Comprehensive Plan; and WHEREAS, the Planning Commission conducted additional hearings and investigation as it deemed appropriate in order to provide comments and recommendations to the Town Council on the draft Comprehensive Plan amendments and Planning Commission provided written comments and recommendations to the Town Council on May 7, 2008, which was prior to the first reading of an ordinance amending the Comprehensive Plan to be considered by the Town Council; and WHEREAS, the Town Council reviewed the recommendations of the Planning Commission and conducted additional hearings and investigation as it deemed appropriate in order to amend the Comprehensive Plan; and WHEREAS, public notice of a Public Hearing to be held on January 19, 2010 was published in the Snowmass Sun, in accordance with the provisions of Section 16A -5 -60 of the Snowmass Village Municipal Code; and WHEREAS, the Town Council has considered the State of the Comprehensive Plan Report, input from citizens and other interested persons at public meetings, all relevant supporting information, the report of the Town Staff, the Planning Commission recommendations and public testimony given at the Public Hearing; and 1 WHEREAS, a Public Hearing was held January 19, 2010, pursuant to the public notice and the public was afforded an opportunity to comment on the amendments to the Comprehensive Plan and the Town Council solicited, received and considered comments from the public on the amended Comprehensive Plan and this Ordinance; and WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: 1. Adoption of the 2010 Town of Snowmass Village Comprehensive Plan The document attached hereto as Exhibit "A" constitutes the complete text, appendixes, and maps including all the amendments thereto so as to comprise the 2010 Town of Snowmass Village Comprehensive Plan and is hereby adopted as such by the Town Council. 2. Severability If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on First Reading on January 4, 2009 upon a motion by Council Member the second of Council Member and upon a vote of in favor and opposed. READ, APPROVED AND ADOPTED as amended, by the Town Council of the Town of Snowmass Village on Second Reading on January 19, 2010 upon a motion by Council Member the second of Council Member and upon a vote of in favor and _opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney 2 TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION NO. 7 SERIES OF 2009 A RESOLUTION PROVIDING RECOMMENDATIONS REGARDING THE TARGETED UPDATE OF THE SNOWMASS VILLAGE COMPREHENSIVE PLAN. WHEREAS, Section 16A- 1 -50(c) of the Snowmass Village Municipal Code requires the Planning Commission to periodically report to the Town Council on the "State of the Comprehensive Plan; and WHEREAS, a review of the Snowmass Village Comprehensive Plan was conducted by the Planning Commission under the provisions of Section 16A- 1 -50(c) of Snowmass Village Municipal Code (the "Municipal Code from September 8 to November 28, 2007; and WHEREAS, the Planning Commission adopted Resolution No. 20, Series of 2007, on November 28, 2007containing their 2007 State of the Comprehensive Plan Report "2007 Report and WHEREAS, said 2007 Report was presented to the Town Council on December 3; and WHEREAS, the Town Council accepted the report and directed that staff proceed with retaining a consultant for the purpose of developing a targeted update of the Comprehensive Plan; and WHEREAS, the Planning Commission began reviewing the draft Comprehensive Plan update provided by Winston and Associates on May 7, 2008; and WHEREAS, during their review, the Planning Commission determined that the chapters really required re- structuring to create a more readable and usable document with Planning Commission members being assigned certain chapters to review and edit with Town staff assistance; and WHEREAS, the Planning Commission completed their review of the draft chapters, as amended, on February 18, 2009. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the Town of Snowmass Village, as follows: Section One Planning Commission Recommendation. The Planning Commission presents the updated Comprehensive Plan and recommends that the Town Council review and adopt the Comprehensive Plan amendment attached hereto subject to the comment(s) and recommendation(s) contained within Section Two below. Section Two Comments and Recommendations to the Town Council. The Planning Commission recommends that the Town Council consider the following recommendations and comments PC Reso. 09 -07 Page 2 of 2 concerning the proposed Comprehensive Plan amendments: 1. It should be noted that considerable time was spent re- formatting and editing the original draft. The Planning Commission did not, therefore, spend time reviewing the "Appendix" chapters in order to complete a timely review of the actual chapters and forward them to the Town Council. 2. The Planning Commission recommends that Town Council consider removing "Visitor Welcome Facility" from the list of key objectives for the Rodeo Grounds /Entryway Comprehensively Planned Area in Chapter 7, Built Environment. 3. It is further recommended that Town Council pay particular attention to the policies included in each chapter and Chapter 10 listing the actions with accountability and timing. The Planning Commission feels that it captures the essence of the targeted review. READ, APPROVED AND ADOPTED, as amended, by the Planning Commission of the Town of Snowmass Village on February 18, 2009 upon a motion by Commission Member Crouch, the second of Commission Member Faurer, and upon a vote of 6 in favor and 0 against. Commission Member Gustafson was absent. TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION Bob Purvis, Chairman ATTEST: Kristi Holliday, Planning Commission Secretary Y k p y p SNOWMASS VILLAGE TOWN COUNCIL NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL.. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. DATE: January 4, 2010 TIME: During a regular meeting that begins at 4:00 P.M. WHERE: Town Council Chambers 0130 Kearns Road, Town Hall Snowmass Village, CO WHY: To receive public comment on an application by The Magic Buzz Coffee and Chai Company regarding an Annual Temporary Use Permit (ATOP) to allow a commercial coffee sales kiosk to be located in the Base Village Plaza. CODE: Application is being processed pursuant to the Town of Snowmass Village Municipal Code, Section 16A- 5- 260(a)(2), Annual temporary use permit. INFO: Additional information regarding the proposal is available for inspection at the Snowmass Village Planning Department or by telephone at (970) 923 -5524 during normal business hours. Written and verbal comments are encouraged and will be accepted until the close of the public hearing; for inclusion of written comments in the Council packet, submissions must be made ten (10) days prior to the public hearing at the following address: Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 81615 Attn: Chris Conrad, Planning Director Telephone: (970) 923 -3777 Internet Access to Council email: http: /www.tosv.com Citizen Feedback Hotline: (970) 922 -6727 or clerk(a Rhonda B. Coxon, Town Clerk Posted and Published in the Snowmass Sun on December 16, 2009. MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: January 4, 2010 SUBJECT: PUBLIC HEARING RESOLUTION NO. 5 SERIES OF 2010 ANNUAL TEMPORARY USE PERMIT FOR MAGIC BUZZ COFFEE STAND IN BASE VILLAGE PLAZA ACTION REQUESTED OF COUNCIL: Conduct the Public Hearing and then approve, modify or deny Resolution No. 5, Series of 2010. Applicant: The Magic Buzz Coffee and Chai Company Planner: Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Magic Buzz Coffee and Chai Company, Scott Calliham proprietor, is requesting an Annual Temporary Use Permit "ATUP to locate a 1971 Volkswagen Bus, retrofitted to serve as a commercial coffee sales kiosk, in the Base Village Plaza for one (1) year including the 2009 -10 Ski Season. Action Requested: Conduct Public Hearing and approve, modify, or deny Resolution No. 5, Series of 2010 BACKGROUND: A copy of the application was placed in your council boxes prior to the December 21 meeting. A copy is available for public viewing at the Planning Department. 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended approval at their December 9, 2009 meeting. Please refer to Resolution No. 18, Series of 2009, included as Attachment 1 of this packet. Exhibit "A" of the resolution has not been included within this packet as it is the application document placed in the Town Council boxes. 3. APPLICABLE REGULATIONS. Section 16A -5 -260, Temporary uses, of the Snowmass Village Municipal Code sets forth the review standards that should be addressed by the Applicant. STANDARDS: Section 16A- 5- 260(d) Review Standards. The Town Council may approve the proposed annual temporary use if it complies with the following standards: 1. Use shall be appropriate. The proposed temporary use shall be appropriate in the particular location, taking into consideration the nature of the use, its relationship to surrounding land uses and its impact with respect to environmental, social and economic matters. 1 2. Use shall comply with policies and regulations. The proposed temporary use shall comply with the Town's adopted policies and regulations, and shall not violate any applicable state, county or federal laws. 3. Applicant's skills and experience. The applicant shall demonstrate that he or she possesses the requisite skill and experience to ensure that the particular activity will be conducted in a safe and orderly manner. 4. Written approval. The applicant shall obtain written approval from all reviewing agencies having jurisdiction over the proposed temporary use. 4. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS: Items for discussion may include: a. Consistency with the Base Village PUD. The Base Village PUD provided specific authorization for food and beverage facilities within the plaza area. Granted, the current economy has affected the ability of several operations to be open this ski season. ATOP approval was granted in February, 2008 for a kiosk, operated by Related WestPac, as it was felt then that it would be appropriate to allow coffee and limited food service there to better serve the guests. The Applicant has provided a letter from "Sweet Life" consenting to the application. They currently are the only business open to provide coffee in the morning. b. Proposed Locations: The application identifies two (2) possible locations for locating the facility. One is proximate to Fanny Hill near Liquid Sky /Junk (Option 1) and the other is near the gondola adjacent to the Aspen Skiing Company ski conditions display board (Option 2). The Applicant prefers to be adjacent to the ski slope. Staff Recommendation: Staff agrees with the Planning Commission recommendation and Applicant preference to locate near the ski slope base area (Option 1). c. ATOP Permit Renewal: ATUP's may be administratively renewed following initial approval provided there have been no issues regarding the operation and no substantive modifications to the terms of the original permit are being proposed. Staff Recommendation: Staff has amended the recommendation to find administrative review and renewal for an additional one (1) year to be acceptable but will absolutely refer the matter to the Town Council should any issues arise during the first permit year. ATTACHMENTS 1) Sweet Life consent letter. 2) Town Council Resolution No. 5, Series of 2010. 2 ATTACHMENT 1 Town ofSnowmass Village F.41 BOX 501€I snnwmass village, CO 81615 December 14, 2 Re�: tt tier r F c onsent for ten kporary Use Application Fof Base Village Dear TOW, The Sweet Ufe consents to the submittaL an applitaticm for a Temporary Use Permit for the operati`Qn of The f gio Buzz' kiosk within Base Village at SnowiiYia5s, &est Reprds, t��i t �+r awes Co-f f4iu13d{ r/Owner The tweet Life Telluride, CC wwrw.thesweetlrfearrc_Com Snourciss Village, CO 70-728 -8789 970- 923 -9903 1 SNOWMASS VILLAGE TOWN COUNCIL ATTACHMENT 2 2 3 RESOLUTION NO. 5 4 SERIES OF 2010 5 A RESOLUTION CONCERNING AN ANNUAL TEMPORARY USE PERMIT FOR MAGIC BUZZ COFFEE 6 AND CHAT FOR A COFFEE SALES KIOSK TO BE LOCATED IN THE PLAZA AT BASE VILLAGE. 7 8 WHEREAS, the Magic Buzz Coffee and Chai Company, Applicant, is requesting approval of an 9 Annual Temporary Use Permit "ATUP that would allow a commercial coffee sales kiosk to be located in 10 the Base Village Plaza; and 11 12 WHEREAS, Section 16A -5 -260 of the Snowmass Village Municipal Code "Municipal Code 13 provides a mechanism for the Town to consider activities of a temporary or short-term nature that provide 14 or facilitate an overall benefit to the community or further an official policy or objective of the Town, such as 15 temporary activities of a civic, educational or cultural nature or entertainment- oriented activities; and 16 17 WHEREAS, Section 16A- 5- 260(b) of the Municipal Code establishes a Review Procedure for 18 Annual or Administrative Temporary Use Permits; and 19 20 WHEREAS, Section 16A- 5- 260(c) Application Contents of the Municipal Code sets forth the 21 minimum contents for temporary use applications; and 22 23 WHEREAS, Section 16A- 5- 260(d) of the Municipal Code establishes the Review Standards for 24 temporary use permits; and 25 26 WHEREAS, the Applicant submitted an application for a Temporary Use Permit within Base Village 27 on November 13, 2009 to the Town of Snowmass Village Planning Department; and 28 29 WHEREAS, a public meeting was held by the Planning Commission on December 9, 2009 to 30 receive public comment and to approve Resolution No. 18, Series of 2009 containing their 31 recommendations to Town Council; and 32 33 WHEREAS, the Town Council discussed the application on December 21, 2009; and 34 35 WHEREAS, a public hearing was conducted by the Town Council on January 4, 2010 36 to receive public comment and to consider a Resolution regarding the Annual Temporary Use Permit 37 application. 38 39 NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, 40 as follows: 41 42 Section One: Findings The Town Council finds that: 43 44 1. The application has been submitted in accordance with requirements of Section 16A -5 -260, 45 Temporary uses of the Municipal Code. 46 2. The proposal does not conflict with the Purposes of temporary uses within the Town. 47 3. The proposed temporary use application does meet the provisions of the Review 48 Procedure set forth in Section 16a- 5- 260(b) of the Municipal Code. 49 50 4. The proposed temporary use does comply with the Review Standards established 51 in Section 16A- 5- 260(d) of the Municipal Code. 52 TC Reso 10 -05 Page 2 53 Section Two: Action In accordance with the findings stated in Section One of this Resolution, the Town 54 Council approves with conditions the Annual Temporary Use Permit to allow a commercial coffee sales 55 kiosk to be located in the Base Village Plaza, as further described within the application dated November 56 13, 2009, subject to the Conditions outlined below in Section Three of this Resolution. 57 58 Section Three: Conditions The following Conditions shall apply to the issuance of this Annual 59 Temporary Use Permit: 60 61 1. The location shall be "Option 1" as shown within the application. 62 2. No improvements shall be placed within the fire lane and final review and approval shall be 63 given by the Aspen Skiing Company and Snowmass Wildcat Fire Protection District prior to 64 commencing operations. 65 3. The ATUP shall be granted for a one (1) year period provided the Town receives no substantive 66 complaints regarding the operation. Should complaints be received that are not addressed by 67 the Applicant, the Planning Director may require that modifications be made to this permit or 68 recommend to the Town Council that the permit be rescinded. 69 4. No additional signage permitted, with the exception of the existing signage shown in the 70 application and a two (2) square foot menu board, without approval by the Planning Director 71 pursuant to the Base Village Comprehensive Sign Plan. 72 5. Deliveries shall be scheduled to minimize impacts during morning ingress and evening egress. 73 6. The permit may be administratively authorized for renewal without Town Council review and 74 approval; however, the Planning Director may, at his sole discretion, refer said renewal 75 application to the Town Council for final determination. 76 7. All Pitkin County Environmental Health Department requirements be satisfied prior to and 77 during operation. 78 Section Four Severability. If any provision of this Resolution or application hereof to any person or 79 circumstance is held invalid, the invalidity shall not affect any other provision or application of this 80 Resolution which can be given effect without the invalid provision or application, and, to this end, the 81 provisions of this Resolution are severable. 82 83 Section Five Enforcement. Obligations herein this Ordinance shall be binding on the Applicant, its 84 affiliates, successors and assigns. 85 86 INTRODUCED, READ, AND APPROVED on First Reading by the Town Council of the Town of 87 Snowmass Village, Colorado on this 4 th day of January, 2010, upon a motion made by Council Member 88 and the second by Council Member upon a vote of in favor and 89 opposed. 90 TOWN OF SNOWMASS VILLAGE 91 92 93 94 ATTEST: Bill Boineau, Mayor 95 96 97 Rhonda Coxon, Town Clerk 98 99 APPROVED AS TO FORM: 100 101 102 103 John C. Dresser, Jr., Town Attorney SNOWMASS VILLAGE TOWN COUNCIL NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. DATE: January 4, 2010 TIME: During a regular meeting that begins at 4:00 P.M. WHERE: Town Council Chambers 0130 Kearns Road, Town Hall Snowmass Village, CO WHY: To receive public comment on an application by CLA Snowmass Office Company, LLC regarding a Minor Planned Unit Development (PUD) Amendment involving Parcel D, East Village PUD. CODE: Application is being processed pursuant to the Town of Snowmass Village Municipal Code, Section 16A- 5- 260(a)(2), Annual temporary use permit. INFO: The proposal involves a change the use of the existing one -story building (formerly the Snowmass Land Company offices) to permit the use of the parcel for single family residential use. Additional information regarding the proposal is available for inspection at the Snowmass Village Planning Department or by telephone at (970) 923 -5524 during normal business hours. Written and verbal comments are encouraged and will be accepted until the close of the public hearing; for inclusion of written comments in the Council packet, submissions must be made ten (10) days prior to the public hearing at the following address: Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 81615 Attn: Chris Conrad, Planning Director Telephone: (970) 923 -3777 Internet Access to Council email: http: /www.tosv.com Citizen Feedback Hotline: (970) 922 -6727 or clerkC�tosv.com Rhonda B. Coxon, Town Clerk Posted and Published in the Snowmass Sun on December 16, 2009. MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: January 4, 2010 SUBJECT: DISCUSSION AND FIRST READING ORDINANCE NO. 2, SERIES OF 2010 MINOR PUD AMENDMENT: PARCEL D, EAST VILLAGE PUD Applicant: CLA Snowmass Office Company, LLC Planner: Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: CLA Snowmass Office Company, LLC "Applicant is requesting Minor PUD Amendment approval to amend the East Village PUD for Parcel D. Discussion occurred regarding this item during the December 21 Town Council meeting. Action Requested: To review the supplemental information provided by the Applicant (See Attachment 1). Conduct the Public Hearing and then approve, modify or deny first reading of Ordinance No. 2, Series of 2010. BACKGROUND: Various topics were discussed during the December 21 meeting and responses have been provided by the Applicant included as Attachment 1. 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended approval at their October 7, 2009 meeting. Their resolution was included as part of the December 21 packet. 3. APPLICABLE REGULATIONS. The proposal is being processed as a Minor Amendment of a Final PUD Application in accordance with Section 16A- 5- 390(1)b., Minor amendment, of the Snowmass Village Municipal Code. Review Standards that apply to this application include: 1) Section 16A -5- 390(3) Review standards 2) Section 16A- 5- 300(c) General Restrictions 3) Section 16A -5 -310 Review standards 4. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS: Items for discussion may include: a. Modifying the Existing Structure. A portion of the December 21 discussion concerned what the existing structure could look like if permitted to remain at 7,925 square feet in size within the existing footprint. One issue was that there was not enough specificity defining how the basement of existing structure could be modified to create habitable space. Please refer to the Attachment 1 paragraph titled "Building Program" which generally discusses their proposal. 1 Staff Recommendation: Staff had requested that more specific design guidelines be provided regarding modifications to the existing building, but incorporated the Applicant's limitations regarding day lighting the north (front yard) side of the building within the Amended PUD Guide attached as Exhibit "A" of the Ordinance. The application does concern the potential development of a single family residence either through redevelopment of the existing building (modified to convert the basement into habitable space) or constructing a new residence. Attachment 1 mentions that portions of the basement may be open to the floor above "in order to provide solar heat and light The above grade portions of the structure would still be limited to 4,447 sq. ft. The Town Council may wish to require more design specific information or diagrams prior to second reading. b. Land Use. The Applicant proposes converting the parcel to residential use representing that the use of the current building is no longer viable for office use. Please refer to the Attachment 1 paragraph titled "Building Occupancy" further discussing their position. In addition, it is requested that the parcel may continue to be used for professional offices until such time as a property owner wishes to convert the use to residential' Staff Recommendation: The amended PUD Guide has been formatted to enable this flexibility although specific language has not been provided by the Applicant. The PUD Guide provides residential zoning parameters that will be applied and the Ordinance states that the professional office use is null and void upon issuance of a single family residence permit for the lot. c. Floor Area: It should be noted that the existing structure is actually 7,925 square feet in size but the East Village PUD specifies a 4,250 square foot limit for the office building. As stated previously, an office building basement is not considered calculable floor area. The Applicant has agreed that the existing basement modifications should be limited to enable residential conversion but that day lighting the foundation should be limited. d. Setbacks: The Applicant initially proposed a building envelope being fifteen (15) feet from all property lines. Staff Recommendation: Staff is concerned with permitting the construction of a new single family residence that could be 5,500 square feet in size, predominantly single story and with a 28 foot height limit within the proposed building envelope. Exhibit "A" of the Ordinance shows a westerly setback line being thirty (30) feet from the existing building and increases the front yard setback from fifteen (15) feet to twenty (20) feet. e. Floor Area Excise Tax (FAET): The Town Council should decide whether this lot should be eligible for FAET (up to 550 square feet) at such time it is converted to residential use. Planning Commission Recommendation: The Planning Commission recommended that FAET only apply if the existing building is demolished and a new residence is constructed with an approved floor area (FAR) of 5,500 square feet and that the maximum FAET floor area of 550 square feet must be contained in the lower below grade level. 2 Staff Recommendation: Staff agrees with the Planning Commission recommendation but did not add the below grade provision to Condition 3 of the Ordinance. f. Accessory Units: Should Accessory Units be allowed for this particular property? Accessory Caretaker Units (ACU) are 350 -750 square feet and utilize the maximum allowable floor area unless additional area is obtained under the floor area excise tax; ACUs may be rented to qualified employees for a minimum term of six (6) months and short -term or vacation -type rentals are not permitted. Accessory Employee Units (AEU) may be 350 -1,000 square feet in size. Since they involve allowing "bonus" or additional floor area that exceeds the maximum allowable floor area, the AEU must be occupied by a qualified employee for a minimum of eight (8) months each calendar year. Planning Commission Recommendation: The Planning Commission recommended allowing an Accessory Caretaker Unit (ACU), that is considered calculable floor area subject to limitation, and prohibit an Accessory Employee Unit (AEU). Staff Recommendation: Staff agrees with the Planning Commission recommendation. g. Design Review: The Applicant has agreed that any single family residence be reviewed by the Snowmass Homeowner's Design Review Committee "Design Committee Staff Recommendation: Staff agrees with the Planning Commission recommendation. ATTACHMENTS 1) Supplemental Information dated December 24, 2009 2) Town Council Ordinance No. 2, Series of 2010. 3 ATTACHMENT 1 December 24, 2009 Town of Snowmass Village, Mayor and Town Council Chris Conrad, Planning Director Town of Snowmass Village PO Box 5010 Snowmass Village, CO 81615 Re: East Village Parcel D Supplemental Information Dear Mayor, Town Council Members, and Planning Director, This memo provides additional information regarding our proposed PUD Amendment in response to comments during the recent Town Council discussion. Building Occupancy A question was raised on the current occupancy of the building. The building is currently almost fully leased but the anchor tenant (a law firm) is relocating at the end of the month to a space in Aspen and the building will be nearly vacant. We believe this is an important point as it illustrates the difficulty of leasing the building as an office, and the preference of tenants to be within walking distance of other services. The building was originally conceived as an "on site" development office, and as the town has evolved the office use is no longer its highest and best use. The Town's Comprehensive Plan states that a major objective for the community will be to minimize increases in single occupant vehicle (SOV) use and to increase the use of transit, pedestrian, and other non -SOV modes of travel in the town." In the case of Parcel D the tenants appear to embrace this evolution and are "voting with their feet." Design Review Process Councilman Mordkin questioned the review process for the design of any new construction and whether the Town would retain sufficient control over the current and /or future owner's design. To be clear, what we are proposing is a single family residence that would be subject to the same design review process as any other single family residence in Snowmass Village. This process includes review by the Design Review Board of the site plan, floor plans, exterior elevations, exterior lighting, exterior colors, landscaping including view planes from the roadway, grading, and roofs and height. The Town Council typically does not review the design of single family residences, even for PUD's. Our preferred process would be to define clear development guidelines that update the existing PUD and that are recorded with the ordinance, making any future review by the council unnecessary. Ideally these guidelines will provide similar design flexibility afforded other single family lots in Snowmass Village. Although our existing structure has an unusually large below grade floor area, the proposed above grade floor area of approximately 4400 square feet is smaller than the above grade floor area of other residences in the neighborhood, so we do not believe the project will appear unusually large. The proposed height limit of 28 feet is consistent with nearby residential zoning, and the building envelope can be established to prevent any structures from imposing on the roadway. Applicability of New Codes Councilman Wilkinson asked whether the property would be subject to the latest building and energy codes, and the answer is yes. Building Program Mayor Boineau asked for additional detail on the building program and in particular the program for the basement. Any residence developed on Parcel D might contain the following areas: living room, dining room, no more than one kitchen (no more than two kitchens if an approved AEU is provided), dens, offices, family rooms, libraries, game rooms, media rooms, no more than six bedrooms, wine rooms, up to a 3 car garage, mud /ski room and other customarily associated spaces. For the basement space we have considered bedrooms and bathrooms, a family room, a wine cellar, laundry, a workshop, and mechanical space. In order to accommodate residential spaces, portions of the basement floor may be excavated to provide additional ceiling height. Portions of the basement may be open to the floor above in order to provide solar heat and light. In addition, the below grade foundation walls may be altered by the installation of doors, windows, light wells and the like. On the north side of any structure, any light well can be no larger than that required for light and egress by the applicable building code. On all other sides, the foundation wall can be exposed to create below grade terraces and courtyards. In addition, the below grade foundation walls may be altered by the installation of decks or overhangs above the foundation; provided that if the installation of any such deck or overhang results in additional floor area, there will be a corresponding reduction in the existing below grade space area. ATTACHMENT 2 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE No. 2 5 SERIES OF 2010 6 7 AN ORDINANCE CONCERNING A MINOR PLANNED UNIT DEVELOPMENT (PUD) 8 AMENDMENT FOR PARCEL D, EAST VILLAGE PUD. 9 10 WHEREAS, CLA Snowmass Office Company, LLC, a Colorado Limited Liability 11 Company, "Applicant submitted an application for a Minor Amendment of a Final Planned 12 Unit Development (PUD) to the Snowmass Village Planning Department on August 5, 2009; 13 and 14 15 WHEREAS, the proposal involves a change the use of the existing one -story building 16 (formerly the Snowmass Land Company offices) to permit the use of the parcel for single 17 family residential use 18 19 WHEREAS, the Planning Department deemed the application complete for review 20 purposes pursuant to Section 16A -5 -50 to Snowmass Village Municipal Code "Municipal 21 Code and 22 23 WHEREAS, the Planning Commission reviewed the application on July 1, 2009, and on 24 October 7, 2009 passed Resolution No. 15, Series of 2009, making its recommendations to 25 the Town Council; and 26 27 WHEREAS, the Town Council commenced review of the application on December 21, 28 2009; and 29 30 WHEREAS, the public hearing notice was published in the Snowmass Sun on 31 December 16, 2009 for the Town Council meeting on January 4, 2010 to hear a presentation 32 of the proposal by the Applicant, consider Town staff and Planning Commission 33 recommendations and public comments along with the application review, and subsequently, 34 the public hearing was continued to January 18, 2010; and 35 36 WHEREAS, the application was reviewed and processed in accordance with the 37 provisions outlined in Sections 16A -5 -390 of the Municipal Code. 38 39 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 40 Snowmass Village, as follows: 41 42 Section One Findings and Recommendations. The Town Council hereby finds that: 43 44 General Findings 45 46 1) The submission requirements for the application were adequately provided pursuant to 47 Sections 16A -5 -40 and 390 of the Municipal Code and included written and graphic 48 materials in sufficient detail to deem the application complete for review. TC Ord 10 -02 Page 2 of 3 49 2) The proposed application qualifies as a 'Minor Amendment' pursuant to Code Section 50 16A- 5- 390(1)b, meaning a one -step review before the Planning Commission and the 51 Town Council, and the amendment satisfactorily complies with the review standards 52 outlined below per Section 16A -5- 390(3) as follows: 53 54 a) The proposed amendment is consistent with, or an enhancement of, the original 55 PUD approval; 56 b) The proposed amendment does not have a substantially adverse effect on the 57 neighborhood surrounding the land where the amendment is proposed, nor has a 58 substantially adverse impact on the enjoyment of land abutting upon or across the 59 street from the subject property; 60 c) The proposed amendment would not change the basic character of the PUD or 61 surrounding areas; and 62 d) The proposed amendment acceptably complies with the other applicable standards 63 of this Division 3, Planned Unit Development, including but not limited to Section 64 16A- 5- 300(c), General Restrictions and Section 1.6A -5 -310, Review Standards 65 66 Specific Findings 67 68 1) It is acceptable to permit the current professional office building use to remain until 69 such time as a property owner applies for and receives approval to permit the 70 modification of the existing building or construction of a new building for single family 71 use. 72 73 2) The zoning parameters that are attached as Exhibit "A" of this Ordinance provide for 74 the conversion of the existing structure or construction of a new structure for single 75 family use consistent with the current provisions for single family residences within Two 76 Creeks and The Pines. 77 78 3) The Floor Area Excise Tax (FAST) provisions of the Municipal Code should be 79 amended to enable additional floor area to be acquired for a new single family 80 residence on this parcel. 81 82 4) Neither the existing structure or any new residential structure should be permitted to 83 include an Accessory Employee Unit (AEU) unit within the lot. 84 85 5) The Applicant has offered to submit to the Snowmass Homeowners Architectural 86 Design Committee Guidelines and review for any modification of the existing structure 87 or construction of a new single family residence. 88 89 Section Two Action. The Town Council hereby grants the approval of the Minor PUD 90 Amendment, subject to the compliance with the Amended PUD Guide attached as Exhibit "A and 91 the conditions set forth in Section Three of this ordinance. 92 93 Section Three: Conditions. The Town Council makes the following conditions for the 94 Applicant to comply with or implement: 95 96 1) Based upon the Applicant's offer for this parcel to submit to the Snowmass 97 Homeowners Architectural Design Committee Guidelines and review for any TC Ord 10 -02 Page 3 of 3 98 modification of the existing structure or construction of a new single family residence, 99 written verification from the Snowmass Homeowners Association shall be provided to 100 the Town Planning Director within sixty (60) days on the effective date of this 101 Ordinance. 102 103 2) This Ordinance shall be recorded, at Applicant's expense, in the records of the Pitkin 104 County Clerk and Recorder. 105 106 3) At such time as any building permit is issued to convert the land use for this parcel from 107 professional offices to residential, the use and all land use /zoning parameters set forth 108 for this parcel in the East Village Land Use Plan as approved by Ordinance No. 6, 109 Series of 1994, which included "Professional Offices shall be considered null and void 110 and the parcel will thereafter be subject to the Amended PUD Guide attached as 111 Exhibit "A" of this Ordinance. 112 113 Section Four Severability. If any provision of this Ordinance or application hereof to any 114 person or circumstance is held invalid, the invalidity shall not affect any other provision or 115 application of this Ordinance which can be given effect without the invalid provision or 116 application, and, to this end, the provisions of this Ordinance are severable. 117 118 Section Five Enforcement. Obligations herein this Ordinance shall be binding on the 119 Applicant, its affiliates, successors and assigns. 120 121 INTRODUCED, READ, AND APPROVED on First Reading by the Town Council of the 122 Town of Snowmass Village, Colorado on this 4 th day of January, 2010, upon a motion made by 123 Council Member and the second by Council Member upon a 124 vote of in favor and opposed. 125 126 READ, APPROVED AND ADOPTED on Second Reading by the Town Council of the 127 Town of Snowmass Village, Colorado on this 18 day of January, 2010, upon a motion made 128 by Council Member and the second by Council Member upon a 129 vote of in favor and opposed. 130 131 TOWN OF SNOWMASS VILLAGE 132 133 134 135 ATTEST: Bill Boineau, Mayor 136 137 138 139 Rhonda Coxon, Town Clerk 140 141 APPROVED AS TO FORM: 142 143 144 145 John C. Dresser, Jr., Town Attorney Exhibit "A" TC Ordinance No. 02, Series of 2010 (Page 1 of 3) Parcel D, East Village PUD [Amended PUD Guide] Parcel Acreage: .997 Acres The use and all land use /zoning parameters set forth for this parcel in the East Village Land Use Plan shall remain as approved by Ordinance No. 6, Series of 1994, which included "Professional Offices until the parcel is intended to be used for residential purposes pursuant to Ordinance No.2, Series of 2010. At such time as any building permit is issued to convert the land use from professional offices to residential the following limitations and parameters shall apply: Permitted Uses by Right: One (1) single family residence with appurtenant driveway, parking, utilities and accessory structures. Accessory Caretaker Unit (ACU). With the exception of underground utilities and driveway. Setbacks shall be as shown on the attached setback map and regulated pursuant to Section 16A- 3- 200(b) of the Snowmass Village Municipal Code "Municipal Code Maximum Building Height: 28 feet for the principal residential structure and 18 feet for accessory structures. Building height shall be regulated pursuant to Section 16A- 3- 210(a) of the Municipal Code. Parking: Minimum one (1) parking space per bedroom. Maximum Building Square Footage (allowable FAR). Measuring floor area (FAR) shall be regulated pursuant to Section 16A- 3- 210(b) of the Municipal Code. The limitations for this lot shall be: 1. If the footprint of the existing foundation is maintained in its present configuration, the maximum above -grade floor area is 4,447 sq. ft. and the maximum below -grade floor area is 3,478 sq. ft. The below -grade floor area may be habitable if it satisfies applicable Building Code requirements related to light and access. The foundation may be altered by the installation of doors, windows, light wells and the like in areas where the foundation is exposed and by the installation of decks or overhangs above the foundation; provided that: a. On the north side of the existing structure, only light wells may be permitted as necessary to provide required light and egress as minimally required by the Town building code. The current finished grade along the north side shall otherwise remain the same. b. With the exception of the basement window well casement, no structural modifications to the basement habitable space or below -grade foundation wall may extend beyond the existing footprint of the building. Exhibit "A" TC Ordinance No. 02, Series of 2010 (Page 2of 3) c. If the installation of any such decks or overhangs results in additional floor area, there will be a corresponding reduction in the existing below -grade floor area. d. The ceiling height within the basement may be increased provided the current finished grade topography within the front yard setback remains except as provided in Paragraph 1(a) above. 2. If the footprint of the existing foundation is altered, except for the installation of doors, windows, light wells and the like, or the installation of decks and overhangs above the foundation, the habitable floor area shall be limited to 5,500 sq. ft., with no more than 4,447 sq. ft. of habitable floor area on or above grade. 3. The first 700 sq. ft. of garage space shall be exempt from the above floor area calculations. If the existing building is demolished and a new single family residence is constructed, the property shall be eligible for additional floor area through the provisions of the Floor Area Excise Tax. 4. The property is not eligible to create an Accessory Employee Unit (AEU). 5. The property shall be subject to the Snowmass Design Committee guidelines and architectural design review. Exhibit "A" TC Ordinance No. 02, Series of 2010 (Page 3 of 3) 4!1* fill? fill is Vq R 'A R a. X P. IN 4 0 P it M Ihs� i i i nr kn w 7 7 NN4, �Jw �f: it d f yF '•l r 4 r CL 4 1 4 j aE SNOWMASS VILLAGE TOWN COUNCIL NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. DATE: January 4, 2010 TIME: During a regular meeting that begins at 4:00 P.M. WHERE: Council Chambers 130 Kearns Road, New Town Hall, 1 St Floor Snowmass Village, CO WHY: To receive public comment on a Minor PUD Amendment application submitted by Stonebridge Condominium Association, Inc. Applicant is requesting approval to: 1) demolish the existing 1,937 sf, 18' -2" tall pool building that includes a 2- bedroom employee rental unit and redevelop a new, 4,574 sf, 28' -4" high fitness center that contains two (2), 1- bedroom employee rental units 2) renovate the pool deck area; 3) construct a new ski storage room attached to the 600 Building; and 4) establish a pedestrian walkway connection to Base Village. CODE: Application will be processed pursuant to the Town of Snowmass Village Municipal Code, Section 16A -5 -390, Amendment of Final PUD. INFO: Additional information regarding the proposal is available for inspection at the Snowmass Village Planning Department or by telephone at (970) 923 -5524 during normal business hours. Written comments are encouraged and will be accepted until the close of the public hearing; for inclusion of written comments in the Council packet, submissions must be made 10 days prior to the public hearing to the following address: Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 81615 Attn: Chris Conrad, Planning Director Telephone: (970) 923 -3777 Internet Access to Council email: http: /www.tosv.com Citizen Feedback Hotline: (970) 922 -6727 or clerk o)tosv.com Rhonda B. Coxon, Town Clerk Posted and Published in the Snowmass Sun on December 9, 2009. MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: January 4, 2010 SUBJECT: PUBLIC HEARING AND SECOND READING ORDINANCE NO. 11, SERIES OF 2009 APPROVING MINOR PUD AMENDMENT FOR STONEBRIDGE CONDOMINIUMS. PUBLIC COMMENT Applicant: Stonebridge Condominium Association, Inc. Planner: Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Stonebridge Condominium Association, Inc. "Applicant has submitted a Minor PUD Amendment application concerning a proposed renovation of the Stonebridge Condominiums. The proposal seeks to demolish the existing pool building that contains a work -out area, mechanical room and one (1) 2- bedroom employee unit and then construct a new pool building with a fitness area, men's and women's changing areas, massage rooms and two (2) 2- bedroom employee units on the floor above. Other elements of the redevelopment plan include: a new ski storage room, pool patio area improvements, covered outdoor stairs and a walk/stairway linkage to Base Village. Action Requested: Conduct the Public Hearing and then approve, modify or deny first reading of Ordinance No. 11, Series of 2009. 2. BACKGROUND: First reading approval of the Ordinance occurred on December 7, 2009. Staff was directed to amend Condition No. 2 of the Ordinance to require that three (3) parking spaces be dedicated for use by occupants of the new employee units. 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended approval at their July 15, 2009 meeting. Please refer to Resolution No. 13, Series of 2009, included as Attachment 1 of this packet. 4. APPLICABLE REGULATIONS. Municipal Code review criteria, which regulate the review and approval of Minor PUD Amendment applications, include the Review Standards listed in 16A -5- 390(3), Review Standards, which requires compliance with the General Restrictions outlined in Section 16A- 5- 300(c) and the Review Standards listed in 16A -5 -310, which also includes reference to Article IV, Development Evaluation Standards, of the Land Use and Development Code. The proposal is being processed as Minor Amendment of a Final PUD as it has been determined to be an "Additions /Redevelopment" that: a) adds less than six (6) 1 dwelling /hotel /lodge or other residential units; and b) does not increase the existing floor area or footprint of a non residential building by no more than ten percent (10 These findings are based upon a determination that the existing pool building is classified as a "mixed -use" versus "non- residential" building since it contains a 2- bedroom employee unit; and that the ski storage building is new construction and excluded from floor area calculations as being appurtenant storage for the multi family units. 5. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS: The major items for discussion were discussed during the December 7, 2009 Town Council meeting. Condition No.'s 4 and 5 have been added to the Ordinance subsequent to First Reading and concern the public trail connection from the subject property to Base Village. Staff would like to discuss the pedestrian linkage to Base Village during the meeting. It appears that the stairs between Stonebridge Inn and Stonebridge Condominiums that have been used in the past to access Anderson Lane from Burlingame Lane have been closed this winter due to disrepair. As shown on Attachment 1, the stairs at Burlingame (on Stonebridge Inn property) are not being maintained and the existing stairs to Anderson Lane (on Stonebridge Condominiums property) have been closed. Although the sidewalk in front of the Stonebridge Inn provides pedestrian access from Burlingame to Anderson, it has been an objective of the Town enhance pedestrian linkages within West Village and to provide pedestrian access proximate to the stream as part of the Benedict Trail /Greenway Master Plan concept (See page 2 of Attachment 1). 6. Consistency with Applicable Review Standards The Applicant must satisfactorily demonstrate that the proposed modifications are consistent with the following Review Standards: An application for a minor amendment to a final PUD shall comply with the following standards: a. Consistent with original PUD. The proposed amendment shall be consistent with, or an enhancement of, the original PUD approval. b. No substantially adverse impact. The proposed amendment shall not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. c. Not change character. The proposed amendment shall not change the basic character of the PUD or surrounding areas. d. Comply with other applicable standards. The proposed amendment shall comply with the other applicable standards of this Division 3, Planned Unit Development, including but not limited to Section 16A- 5- 300(c), General Restrictions, and Section 16A -5 -310, Review Standards. ATTACHMENTS 1) Pedestrian linkage to Base-Village. 2) Town Council Ordinance No. 11, Series of 2009. 2 LOCATION OF E>QSTINb 4 STORY BULDN6 ON ADJACEN ATTACHMENT 1 ]1Q3 11 I msHtjr4iNib I EJOS TIN5 PARKINb 6AizA6 i PARKPIb BEL.OYV OPEN SPACE ON ROOF ILDWGS TO BE OLISHFD IS'fUX; POOL. BUILDING T OLISHED REFER 1.4 FOR 600''' a' PLAN S PROPOSED POOL BUILDING n BuiLDw I SCREEN POOLDF.LK FROM ADJACENT BUILDIN65 PRESERVE VENS OF M ts Ftyc"o EXISTING I uw> 1 POOL DECK L GRASSG r I N 3 700 �w BUILDING 800 I i BUILDING 400 BUILDING EXISTINb r..URFACE jFl�t ENTRANCE (ADDITIONAL 1 I I i PARKING BELOW) i h I I t i II 1 AW EASEMENT i� EXSDN6 PUBLIC ACCESS f FASMENT ED STNR LOCATION -REFER VILLAGE y 4 5T0NE6RID6E C.ONVOMINIUM5 t Bo• %t C LIGHENHEARTH7 I, p x 7 w' J 1 Mgr d� h SC S r is O Ey s v 0 g� 95 rR a r y u s rFC r�ac� b r S z S 18 T o w n o f S n o w m a s s V i l l a g e 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 11 5 SERIES OF 2009 6 7 AN ORDINANCE CONCERNING THE STONEBRIDGE CONDOMINIUMS APPLICATION 8 FOR A MINOR AMENDMENT TO A FINAL PLANNED UNIT DEVELOPMENT (PUD). 9 10 WHEREAS, the Stonebridge Condominium Association, Inc. "Applicant 11 submitted an application for a Minor Amendment to a Final Planned Unit Development 12 (PUD) to the Planning Department on December 11, 2008; and 13 14 WHEREAS, the Applicant amended the application and resubmitted it to the 15 Planning Department on February 11, 2009; and 16 17 WHEREAS, the Planning Department deemed the application complete for review 18 purposes pursuant to Section 16A -5 -50 of the Snowmass Village Municipal Code 19 "Municipal Code and 20 21 WHEREAS, the Planning Commission reviewed the amended land use application, 22 considered direction by Town Staff and received public comment at a regular meeting on 23 July 15, 2009; and 24 25 WHEREAS, Planning Commission Resolution No. 13, Series of 2009, was 26 unanimously adopted at said meeting providing the Planning Commission 27 recommendations regarding the application; and 28 29 WHEREAS, the Applicant provided a presentation to the Town Council concerning 30 the application at their December 7, 2009 meeting; and 31 32 WHEREAS, the Town Council reviewed the application and granted first reading 33 approval of this Ordinance; and 34 35 WHEREAS, on December 21, 2009, the Town Council conducted a public hearing, 36 conducted further review of the application and heard the recommendations of the Town 37 Staff as well as the public comments; and 38 39 WHEREAS, said request was considered by the Town Council pursuant to Section 40 16A -5 -390 of the Municipal Code. 41 42 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 43 Snowmass Village, as follows: 44 45 Section One: General Findings The Town Council finds that: 46 47 1) Submission: Applicant has submitted the Minor Planned Unit Development (PUD) 48 Preliminary Plan application, in accordance with the provisions set forth in Section 49 16A- 5- 300(b)(1) Major or minor PUD of the Municipal Code. Supplemental 50 information and materials were provided during the review process to comply with 51 application submission requirements and to respond to Planning Commission, TC Ord. 09 -11 Page 2 of 4 52 Town Staff and the public. 53 54 2) Content: The application contained the Minimum Contents as required by 55 Municipal Code Section 16A -5 -40 Submission of application, Section 16A -5 -390 56 Amendment of final PUD plan and included written and graphic materials of 57 sufficient detail that the application was deemed complete for review. 58 59 3) Public Process: The Planning Commission held two (2) public meetings, 60 February 18, 2009 and July 15, 2009, to review the land use application and to 61 formulate its recommendations to Town Council in accordance with the 62 responsibilities and procedures prescribed in the Municipal Code. There were no 63 public comments or inquiries concerning this proposal. 64 65 The Town Council conducted their public hearing and all public notification 66 requirements were satisfied in accordance with Section 16A -5 -60 of the Snowmass 67 Village Municipal Code. 68 69 4) Municipal Code Requirements: Subject to the conditions in Section Three of this 70 Ordinance, Town Council found that the land use application is in compliance with 71 the Review Standards established in the following Sections of the Municipal Code: 72 73 a) Table 5 -3 Criteria for Classifying PUDs, meets criteria as a Minor PUD; 74 b) Section 16A- 5- 300(c), General Restrictions, yet exceeds the following 75 restrictions: (c)(5) Dimensional limitations, (a) Maximum allowable height for 76 accessory buildings and (e) Minimum setbacks; 77 c) Section 16A- 5- 300(c)(6) Community purposes for PUDs, a. Provision of 78 restricted housing, (d) Encourage better design, and e. Develop necessary 79 public facilities; 80 d) Section 16A -4 -310 Off street parking standards; 81 e) Section 16A -5 -310 Review standards; and 82 f) Section 16A -5- 390(3) Review Standards 83 84 Section Two: Action In accordance with the findings stated in Section One of this 85 Ordinance, the Town Council hereby approves the Minor Amendment to the Final Planned 86 Unit Development (PUD) forthe Stonebridge Condominiums, as more fullydescribed in the 87 application submitted in June, 2009 as resubmitted on July 9, 2009, subject to the 88 conditions outlined in Section Three below. More specifically, the approval concerns the 89 following: 90 91 A. Minor Amendment to the Final PUD Plan 92 93 1. Approval of the overall site plan, proposed building locations and parking 94 layout. The project will include a total of 92 units, 90 free market units in 95 Buildings 600, 700, 800, 900 and 2- employee units in the Pool Building. 96 97 2. Approval of the proposed mass, scale and height of the new Pool /fitness building 98 containing a work -out area, men's /women's lockers, massage rooms, mechanical 99 space, storage areas and (2) 2- bedroom employee units. TC Ord. 09 -11 Page 3 of 4 100 101 3. Approval of the proposed 275 square foot ski storage area adjoining the 600 102 Building within the Stonebridge Condominium property. 103 104 4. Approval of the proposed exterior renovation in terms of the overall architectural 105 character, building materials and construction details. 106 107 5. Approval of the proposed walkways, covered stairways, site grading and 108 landscaping. 109 110 6. Approval of the parking layout containing a total of 98 spaces; 90 unit owner 111 parking spaces and 8 employee /staff parking spaces. 112 113 7. Approval of a maximum height of 28' -4" for the redeveloped Pool Building. 114 115 8. Approval to replace the existing, 2- bedroom, 1,065 sf employee unit with (2) 116 new, deed restricted, 2- bedroom, 926 sf units for a total of 1,732 square feet 117 located on the second floor within the redeveloped Pool /fitness Building. 118 119 9. Approval of the 98 off street parking spaces that currently exist. The 120 existing supply of 1 space /free- market unit and 8 spaces for employees /staff is 121 to be maintained with 3 spaces for the employee units to be provided. 122 123 Section Three: Conditions Town Council approves the Stonebridge Condominium 124 Minor Amendment of the Final PUD with the following conditions: 125 126 1. The employee housing deed restriction should provide that the employee 127 units may be rented first priority to employees of the Applicant with second 128 priority going to others pursuant to the Town housing guidelines. 129 130 2. The deed restriction shall state that the occupants of the employee housing 131 units shall be limited to three (3) designated parking spaces only. 132 133 3. The Applicant shall submit said restriction in a form acceptable to the Town 134 Attorney and Planning Director for recording, at Applicant's expense, in the 135 records of the Pitkin County Clerk and Recorder. 136 137 4. The Applicant has agreed and shall provide a public access easement along 138 the northerly side of Building 900, as shown on Exhibit "A In addition, at such 139 time the Town obtains an easement from Lichenhearth for the trail connection 140 from the Stonebridge Condominiums to Base Village, the Applicant shall 141 construct stairs and surface the Lichenhearth trail with crusher fines to complete 142 the trail connection shown on Exhibit "A 143 144 5. Said easement, stairs and trail surfacing shall be completed prior to a 145 Certificate of Occupancy for the Pool Building /Fitness Center or within ninety 146 (90) days of when the Town obtains the Lichenhearth easement, whichever 147 occurs first unless further extended by the Town Council. TC Ord. 09 -11 Page 4 of 4 148 149 Section Four: Severability If any provision of this Ordinance or application hereof to 150 any person or circumstance is held invalid, the invalidity shall not affect any other 151 provision or application of this Ordinance which can be given effect without the invalid 152 provision or application, and, to this end, the provisions of this Ordinance are severable. 153 154 INTRODUCED, READ AND APPROVED, as amended, at First Reading, as amended, 155 by the Town Council of the Town of Snowmass Village on December 7, 2009 upon a 156 motion by Council Member Wilkinson, the second of Council Member Mordkin, and a 157 vote of 5 in favor and 0 against. 158 159 INTRODUCED, READ AND ADOPTED at Second Reading by the Town Council of the 160 Town of Snowmass Village on January 4 2010 upon a motion by Council Member 161 the second of Council Member and a 162 vote of in favor and against. 163 164 165 166 TOWN OF SNOWMASS VILLAGE 167 TOWN COUNCIL 168 169 170 171 Bill Boineau, Mayor 172 173 ATTEST: 174 175 176 177 Rhonda B. Coxon, Town Clerk 178 APPROVED AS TO FORM: 179 John C. Dresser, Jr., Town Attorney 180 Exhibit A C TC Ordinance No. 11, Series of 2009 (Page 1 of 1) O� l t p A W dj r y z zz��i t i i LU TOWN COUNCIL COMMUNIQUE Meeting Date: January 4, 2010 Agenda Item: Second Reading Ordinance 23, Series of 2009 AN ORDINANCE RENEWING THE CABLE TELEVISION FRANCHISE WITH COMCAST OF COLORADO /FLORIDA INC. Presented By: John Dresser, Town Attorney Core Issues: 1) Renewal of the Cable TV Franchise with Comcast. 2) Access Capital Terms require repayment by subscribers and may only be used for capital costs General Info: The current Cable TV Franchise Agreement expires December 31, 2009. The term for the renewal is 7 years. Council Options: 1. Approve the second reading of the Ordinance as proposed; 2. Amend the Ordinance at second reading and approve the amended Ordinance; or 3. Deny the Ordinance at second reading. Staff Recommendation: Approve the Ordinance as amended at first reading. I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 23 5 SERIES OF 2009 6 7 8 AN ORDINANCE RENEWING THE CABLE TELEVISION FRANCHISE WITH 9 COMCAST OF COLORADO /FLORIDA INC. 10 11 12 WHEREAS, the Town Council is authorized to grant franchises pursuant 13 to the provisions of Article XII of the Town of Snowmass Village Home Rule 14 Charter; and 15 16 WHEREAS, pursuant to Ordinance No. 2, Series of 1995, the Town 17 Council granted a franchise to TCI of Northern New Jersey, Inc. to build, 18 construct, operate and maintain a cable television system within the Town; and 19 20 WHEREAS, performance under the existing franchise has occurred in 21 accordance with the terms and conditions of the franchise as approved by 22 Ordinance No. 2, Series of 1995; and 23 24 WHEREAS, Town staff has negotiated a proposed renewal of the 25 franchise with Comcast of Colorado /Florida, Inc., the successor to TCI of 26 Northern New Jersey, Inc.; and 27 28 WHEREAS, the Town Council finds that the preservation of the health, 29 safety and welfare of the citizens and guests of Snowmass Village requires 30 continuation of cable television service; and 31 32 WHEREAS, the Town Council finds that the proposed Franchise 33 Agreement with Comcast of Colorado /Florida, Inc. promotes the health, safety 34 and welfare of the citizens and guests of the Town of Snowmass Village. 35 36 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 37 Snowmass Village as follows: 38 39 1. Grant of Franchise A franchise is hereby granted to Comcast of 40 Colorado /Florida, Inc., commencing January 1, 2010 and terminating on 41 December 31, 2017, in the format and according to the terms and conditions as 42 are set forth in the Cable Franchise Agreement attached hereto as Exhibit "A" 43 and incorporated herein by this reference. 44 45 2. Direction to Town Manager The Town Manager is hereby directed 46 to execute the Franchise Agreement on behalf of the Town and to take such 1 47 actions as are necessary and proper to carry out the intentions of the Franchise 48 Agreement and to administer those functions contained in the Franchise 49 Agreement. 50 51 3. Severability If any provision of this Ordinance or application hereof 52 to any person or circumstance is held invalid, the invalidity shall not affect any 53 other provision or application of this Ordinance which can be given effect without 54 the invalid provision or application, and, to this end, the provisions of this 55 Ordinance are severable. 56 57 INTRODUCED, READ AND ADOPTED by the Town Council of the Town 58 of Snowmass Village, Colorado, on December 21, 2009 on first reading, upon a 59 motion made by Council Member Lewis, the second of Council Member Mordkin 60 and by a vote of five (5) in favor and none (0) opposed. 61 62 INTRODUCED, READ AND ADOPTED by the Town Council of the Town 63 of Snowmass Village, Colorado, on January 4, 2010 on second reading, upon a 64 motion made by Council Member the second of 65 Council Member and by a vote of in favor and 66 opposed. 67 68 69 70 TOWN OF SNOWMASS VILLAGE 71 72 73 74 By: 75 Bill Boineau, Mayor 76 77 78 ATTEST: 79 80 81 82 Rhonda B. Coxon, Town Clerk 83 84 85 APPROVED AS TO FORM: 86 87 88 89 John C. Dresser, Jr., Town Attorney 2 TOWN OF SNOWMASS VILLAGE, COLORADO CABLE FRANCHISE AGREEMENT December 21, 2009 CABLE FRANCHISE AGREEMENT This Cable Franchise Agreement "Agreement" or "Franchise is entered into in the Town of Snowmass Village, Colorado, this day of 2009, by and between the Town of Snowmass Village hereinafter (the "Town" or "Grantor and Comcast of Colorado /Florida, Inc., who is hereinafter known as "Grantee The Town and Grantee are sometimes referred to hereinafter collectively as the "parties." SECTION 1. RECITALS 1.1 The Town is authorized to exercise all of the powers as provided by law. 1.2 Pursuant to Federal law, the Town has the authority to grant franchises to companies to build and operate cable systems in the Town. 1.3 The Town has reviewed Grantee's performance under the prior Agreement and the quality of service during the prior Agreement term, has identified the future cable related needs and interests of the Town and its citizens, has considered the financial, technical and legal qualifications of Grantee, and has determined that Grantee's plans for operating and maintaining its System are adequate, in a full public proceeding affording due process to all parties. 1.4 The Town has a legitimate and necessary regulatory role in ensuring the availability of cable service, technical capability and reliability of systems in its jurisdiction, the availability of local programming (including Public, Educational and Governmental Access programming) and quality Customer service. 1.5 The Town is authorized by applicable law to grant one or more nonexclusive Agreements to construct, operate and maintain cable systems within the boundaries of the Town. NOW, THEREFORE, in consideration of the mutual promises made herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Town and Grantee do hereby agree as follows: SECTION 2. DEFINITIONS For the purposes of this Agreement, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. Access means the availability for Noncommercial use by various public, educational and governmental agencies, institutions and organizations in the community, including the Town and its designees, of Channels on the System designated for such use as permitted under applicable law: 1 (A) Public Access means Access where local institutions or residents are the primary users having editorial control over programming and services. (B) Educational Access means Access where Schools are the primary users having editorial control over programming and services. (C) Governmental Access means Access where governmental institutions or their designees are the primary users having editorial control over programming and services. (D) Public, Educational and Governmental Access" or "PEG Access means the availability for Noncommercial use of capacity on a Channel or Channels on the Cable System by various governmental and educational agencies and institutions and public organizations, groups and individuals, including the Town and its designees. Access Channel means any Channel, or portion thereof, designated for Noncommercial Access purposes or otherwise made available to facilitate or transmit Access programming. Affiliate when used in connection with Grantee means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with Grantee. Agreement means the document in which this definition appears, that is executed between the Town and Grantee, containing the specific provisions of the authorization granted and the contractual and regulatory agreement created hereby. Bad Debt means amounts lawfully owed by a Subscriber and accrued as revenues on the books of Grantee, but not collected after reasonable efforts by Grantee. Basic Service means any Cable Service Tier that includes, at a minimum, the retransmission of local television broadcast signals and Access programming. Cable Act means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and as amended by the Telecommunications Act of 1996, and any amendments thereto. Cable Operator means any Person or group of Persons, including Grantee, who provide Cable Service over a Cable System and directly or through one or more Affiliates own a significant interest in such Cable System or who otherwise control or are responsible for, through any arrangement, the management and operation of such a Cable System. Cable Service means the one -way transmission to Subscribers of Video Programming, or other programming service and Subscriber interaction, if any, that is required for the selection or use of such Video Programming or other programming service. Cable System or System means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service that includes Video Programming and that is provided to multiple Subscribers within a community, but such term does not include (1) a facility that serves only to retransmit 2 the television signals of one or more television broadcast stations; (2) a facility that serves Subscribers without using any public Right -of -Way; (3) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act (47 U.S.C. Section 201 et seq.), except that such facility shall be considered a cable system (other than for purposes of Section 621(c) (47 U.S.C. Section 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on- demand services; (4) an open video system that complies with federal laws and regulations; or (5) any facilities of any electric utility used solely for operating its electric utility systems. When used herein, the term "Cable System" or "System" shall mean Grantee's Cable System in the Franchise Area unless the context indicates otherwise. Channel means a cable channel as defined in 47 U.S.C. Section 522 (4). Designated Access Provider means the entity or entities designated by the Town to manage or co- manage PEG Access Channel(s) and facilities. The Town may be a Designated Access Provider. Expanded Basic Service means the level of cable programming services received by most Subscribers above Basic Service and does not include premium or pay per -view services. means the Federal Communications Commission or its lawful successor. Franchise Area means the incorporated area within the jurisdictional boundaries of the Town. Gross Revenues means any and all revenue derived directly or indirectly by Grantee, or by Grantee's Affiliates as determined in accordance with GAAP (generally accepted accounting principles) from the operation of the Grantee's Cable System to provide Cable Services in the Franchise Area. Gross Revenues include, by way of illustration and not limitation, monthly and other fees charged Subscribers for Cable Services including Basic Service, Expanded Basic Service, any Tiers of Cable Service, Premium Service, digital service, HDTV service, pay -per- view, Cable Service installation, disconnection, reconnection and change -in- service fees, Leased Access Channel fees, all Cable Service lease payments from the Cable System, late fees and administrative fees, payments received by the Grantee from programmers for carriage of Cable Services on the Cable System, revenues from rentals of converters or other Cable System equipment, advertising revenues (including local, regional and national advertising carried on the Cable System in the Franchise Area and net of commissions paid to an advertising agency), revenues from program guides, additional outlet fees, franchise fees, revenue from interactive or other services to the extent they are considered Cable Services under federal or State law, and revenues from home shopping. Gross Revenues shall include revenue received by any entity other than the Grantee where necessary to prevent evasion or avoidance of the obligation under this Agreement to pay the franchise fees. Gross Revenues shall not include (i) Bad Debt, provided, however, that all or part of any such Bad Debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected; or (ii) any taxes on services furnished by the Grantee that are imposed directly on any Subscriber or user by the State, Town or other governmental unit and that are collected by the Grantee on behalf of said governmental unit; or (iii) the Initial Capital Contribution and monthly Capital Contributions as 3 required by subsection 10.5 of this Agreement. The franchise fees are not a tax, and are therefore included in Gross Revenues. Headend or means any facility for signal reception and dissemination on the System, including cables, antennas, wires, satellite dishes, monitors, switchers, modulators, processors and other related equipment and facilities. Noncommercial means those products and services that are not promoted or sold. This term shall not be interpreted to prohibit an Access Channel operator or programmer from soliciting and receiving financial support to produce and transmit Video Programming on an Access Channel or from acknowledging a contribution, subject to applicable law. Person means any natural person, sole proprietorship, partnership, joint venture, association, limited liability entity or corporation, or any other form of entity or organization. Premium Service means Video Programming or other programming service choices (such as movie Channels) offered to Subscribers on a per Channel basis. Right -of -Way or Rights -of -Way means land acquired or dedicated to the public or hereafter acquired or dedicated to the public and maintained under public authority or by others including, but not limited to, public streets or roads, highways, avenues, lanes, alleys, bridges, sidewalks, easements, dedicated utility strips and similar public property or other property dedicated for compatible uses now or hereafter held by the Town within the Franchise Area which shall entitle the Grantee to the use thereof for the purpose of installing, operating, repairing and maintaining the Cable System. School means any State accredited K -12 public educational institution excluding home schools. State means the State of Colorado. Subscriber or Customer means any Person who lawfully receives Cable Services provided by Grantee by means of the System with Grantee's express permission. (A) Commercial Subscriber means any Subscriber other than a Residential Subscriber. (B) Residential Subscriber means any Person who receives Cable Service delivered to single units (as opposed to those on a bulk billing basis). Tier means a category of Cable Services provided by the Grantee for which a separate periodic rate is charged. Video Programming means programming provided by, or generally considered comparable to programming provided by, a television broadcast station or cable programmer. SECTION 3. GRANT OF AGREEMENT 4 3.1 Grant (A) The Town hereby grants to Grantee a nonexclusive authorization to make reasonable and lawful use of the Rights -of -Way within the Franchise Area to construct, operate, maintain, reconstruct, repair and upgrade a System for the purpose of providing Cable Services, subject to the terms and conditions set forth in this Agreement and applicable law. This Agreement shall constitute a right to provide the Cable Services required by and to fulfill the obligations set forth in this Agreement. (B) The Grantee, through this Agreement, is granted the right to operate its System using the Town's Rights -of -Way within the Franchise Area in compliance with all construction codes and regulations. The Grantee specifically agrees to comply with the provisions of generally applicable Town ordinances; provided that in the event of a conflict between the provisions of ordinances and this Agreement, the express provisions of this Agreement shall govern. Subject to federal and State preemption, the express provisions of this Agreement constitute a valid and enforceable contract between the parties. (C) This Agreement shall not be interpreted to prevent the Town from imposing other conditions, to the extent permitted by law, including additional compensation conditions for use of the Rights -of -Way, should Grantee provide service other than Cable Service. (D) Grantee promises and guarantees, as a condition of exercising the privileges granted by this Agreement, that any Affiliate offering Cable Service in the Franchise Area, or directly involved in the management or operation of the System in the Franchise Area, will comply with the terms and conditions of this Agreement. (E) No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of example and not limitation, this Agreement shall not include or be a substitute for: (1) Any other authorization required for the privilege of transacting and carrying on a business within the Town that may be required by laws of the Town. (2) Any agreement or authorization required by the Town for Rights -of -Way users in connection with operations on or in Rights -of -Way or public property including, by way of example and not limitation, street cut permits; or (3) Any agreements for occupying any other property of the Town or private entities to which access is not specifically granted by this Agreement including, without limitation, agreements for placing devices on poles, in conduits or in or on other structures. (F) This Agreement is intended to convey limited rights and interests only as to those Rights -of -Ways in which the Town has an actual interest. It is not a warranty of title or interest in any Rights -of -Way; it does not provide the Grantee with any interest in any particular location within the Rights -of -Way; and it does not confer rights other than as expressly provided in the grant hereof. 5 (G) This Agreement is an express authorization to provide Cable Services only and does not authorize or prohibit Grantee's provision of non -Cable Services, telecommunications services or information services in the Franchise Area. This Agreement is not a bar to the imposition of any lawful conditions on Grantee with respect to non -Cable Services, telecommunications services or information services. This Agreement does not relieve Grantee of any obligation it may have to obtain from the Town an authorization to provide non -Cable Services, telecommunications services or information services or relieve Grantee of its obligation to comply with any such authorization(s) that may be lawfully required. 3.2 Use of Rights -of -Way (A) Grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across, through, below and along the Rights -of -Way within the Franchise Area, such wires, cables (both coaxial and fiber optic), conductors, ducts, conduits, vaults, manholes, amplifiers, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the System for the provision of Cable Services within the Franchise Area. (B) Grantee must install System facilities in a manner that minimizes interference with the use of the Rights -of -Way by others including others that may be installing communications facilities. 3.3 Duration The term of this Agreement and all rights, privileges, obligations and restrictions pertaining thereto shall be for seven (7) years, unless lawfully terminated sooner as hereinafter provided. 3.4 Effective Date (A) The effective date of this Agreement shall be 2009. (B) The grant of this Agreement shall have no effect on the Grantee's duty under the prior agreement or any ordinance in effect prior to the effective date of this Agreement to indemnify or insure the Town against acts and omissions occurring during the period that the prior agreement was in effect, nor shall it have any affect upon liability to pay all franchise fees (for any prior years) that were due and owed under a prior agreement. Except as indicated in this Subsection 3.4 (B), Ordinance No. shall be of no further force or effect. 3.5 Competitive Equity (A) The Grantee acknowledges and agrees that the Town reserves the right to grant one (1) or more additional franchises or other similar lawful authorization to provide Cable Services within the Franchise Area; provided, the Town agrees that, within ninety (90) days of the Grantee's request, it shall amend this Franchise to include any material terms or conditions that it makes available to a new entrant for a Cable System, or provide relief from existing material terms or conditions, so as to ensure that the regulatory and financial burdens on each Cable Operator are materially equivalent. For the purposes of this Subsection 3.5(A) 6 "material terms and conditions" include, but are not limited to: Franchise Fees; insurance; System build -out requirements; security instruments; Public, Education and Government Access Channels and support; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. The parties agree that this provision shall not require a word for word identical franchise or authorization for a competitive Cable Operator so long as the regulatory and financial burdens on each entity are materially equivalent. Video Programming services delivered via wireless, Direct Broadcast Satellite, SMATV or any entity that does not use the public Rights -of -Way are specifically exempted from the requirements of this Subsection. (B) Notwithstanding any provision to the contrary, if the Franchise is not modified as set forth in Subsection 3.5 (A) above, then at any time prior to the commencement of the Grantee's thirty -six (36) month renewal window provided by Section 626 of the Cable Act, that a non wireless facilities based Cable Operator, legally authorized by state or federal law, makes available for purchase by Subscribers or Customers, Cable Services or multiple Channels of Video Programming within the Franchise Area without a franchise or other similar lawful authorization granted by the Town, then the term of Grantee's Franchise shall, upon ninety (90) days written notice from Grantee, be shortened so that the Franchise shall be deemed to expire on a date thirty six (36) months from the first day of the month following the date of Grantee's notice. Grantee shall immediately thereafter secure franchise renewal rights pursuant to Section 626 of the Cable Act with no further notice to the Town required. The Town and Grantee shall then enter into proceedings consistent with Section 626 regarding the renewal process with respect to this Franchise. The Town and Grantee shall have all rights and obligations provided under said Section 626. (C) Notwithstanding any provision to the contrary, should any non wireless facilities based entity provide Cable Service within the Franchise Area during the term of this Franchise, without a franchise granted by the Town, then Grantee may assert, at Grantee's option, that this Franchise is rendered commercially impracticable and invoke the modifications procedures in Section 625 of the Cable Act. 3.6 Familiarity with Agreement The Grantee acknowledges and warrants by acceptance of the rights, privileges and agreement granted herein, that it has carefully read and fully comprehends the terns and conditions of this Agreement and is willing to and does accept all reasonable risks of the meaning of the provisions, terms and conditions herein. 3.7 Effect of Acceptance By accepting the Agreement, the Grantee: (1) acknowledges and accepts the Town's legal right to issue and enforce the Agreement; (2) accepts and agrees to comply with each and every provision of this Agreement subject to applicable laws; and (3) agrees that the Agreement was granted pursuant to processes and procedures consistent with applicable law, and that it will not raise any claim to the contrary. 7 3.8 Police Powers Grantee's rights hereunder are subject to the lawful police powers of the Town to adopt and enforce laws, ordinances, resolutions and regulations necessary to the safety, health and welfare of the public, and Grantee agrees to comply with all generally applicable laws, ordinances, resolutions and regulations lawfully enacted. SECTION 4. FRANCHISE FEES AND FINANCIAL CONTROLS 4.1 Franchise Fees As compensation for the use of the Town's Rights -of -Way, Grantee shall pay as a franchise fee to the Town, throughout the duration of this Agreement, an amount equal to five percent (5 of Grantee's Gross Revenues. Accrual of such franchise fees using the Gross Revenue definition provided herein shall commence within sixty (60) days after the effective date of this Agreement. During such sixty (60) day period, Grantee shall continue to accrue and pay franchise fees based upon the Agreement in effect with the Town prior to this Agreement. 4.2 Payments Grantee's franchise fee payments to the Town shall be computed quarterly for the preceding calendar quarter ending March 31, June 30, September 30 and December 31. Each quarterly payment shall be due and payable no later than forty -five (45) days after said dates. 4.3 Acceptance of Payment No acceptance of any payment shall be construed as an accord by the Town that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the Town may have for further or additional sums payable or for the performance of any other obligation of Grantee. 4.4 Franchise Fee Reports Each payment shall be accompanied by a written report to the Town verified by an authorized representative of Grantee, containing an accurate statement in summarized form, as well as in detail, of Grantee's Gross Revenues and the computation of the payment amount. Upon written request, Grantee shall, no later than thirty (30 days after the end of each calendar year, furnish to the Town a statement of Gross Revenues and all payments, deductions and computations for the year just ended. 4.5 Audits On an annual basis, upon thirty (30) days prior written notice, the Town shall have the right to conduct an independent audit of Grantee's records reasonably related to the enforcement of this Agreement and to calculate any amounts determined to be payable under this Agreement. Provided Grantee cooperates in making all relevant records available to Town's representative upon reasonable advance written request, the Town will in good faith attempt to complete each 8 audit within six (6) months, and the audit period shall not be any greater than the previous three (3) years. Any undisputed amounts due to the Town as a result of the audit shall be paid within thirty (30) days following written notice to the Grantee by the Town, which notice shall include a copy of the audit findings. If an underpayment is discovered as the result of an audit, Grantee shall pay, in addition to the amount due, interest at the prime rate as listed in the Wall Street Journal on the date the payment was due calculated from the date the underpayment was originally due until the date the Grantee sends the payment. If the audit shows that franchise fees have been underpaid by ten percent (10 or more in a calendar year, Grantee shall pay the cost of the audit up to a maximum of _10,000 4.6 Financial Records Grantee agrees to meet with a representative of the Town upon request to review Grantee's methodology of record keeping, financial reporting, the computing of franchise fee obligations, the understanding of which the Town deems necessary for reviewing reports and records that are relevant to the enforcement of this Agreement. 4.7 Interest on Late Payments In the event any payment is not received within forty five (45) days from the end of the calendar quarter, Grantee shall pay, in addition to the payment or sum due, interest on the amount due at the prime rate as listed in the Wall Street Journal calculated from the date the payment was due until the date the Grantor receives the payment. 4.8 Additional Commitments Not Franchise Fees No term or condition in this Agreement shall in any way modify or affect Grantee's obligation to pay franchise fees. Although the total sum of franchise fee payments and additional commitments set forth elsewhere in this Agreement may total more than five percent (5 of Grantee's Gross Revenues in any 12 -month period, Grantee agrees that the additional commitments are excluded from franchise fees and are not to be offset or credited against any franchise fee payments due to the Town, nor do they represent an increase in franchise fees to be passed through to Subscribers pursuant to federal law. 4.9 Payment on Termination If this Agreement terminates for any reason, the Grantee shall file with the Town within thirty (30) calendar days of the date of the termination, a financial statement, certified by an independent certified public accountant, showing the Gross Revenues received by the Grantee since the end of the previous fiscal year. Within thirty (30) days of the filing of the certified statement with the Town, Grantee shall pay any unpaid amounts as indicated. If the Grantee fails to satisfy its remaining financial obligations as required in this Agreement, the Town may do so by utilizing the funds available in security provided by the Grantee. 9 4.10 Bundling The Town acknowledges that, during the term of this Agreement, Grantee may offer to its Subscribers a bundled or combined package of services consisting of Cable Services and non Cable Services. The Grantee may not unfairly or unlawfully allocate prices for bundled services for the purpose of evading payment of franchise. fees to the Town. If a dispute arises between the parties regarding this matter, the Town and Grantee will meet within ten (10) days of such notice to the other and discuss such matters in good faith in an attempt to reach a reasonable compromise thereof. 4.11 Tax Liability The franchise fees shall be in addition to any and all taxes or other levies or assessments which are now or hereafter required to be paid by businesses in general by any law of the Town, the State or the United States including, without limitation, sales, use, utility and other taxes, business license fees or other payments. Payment of the franchise fees under this Agreement shall not exempt Grantee from the payment of any other generally applicable license fee, permit fee, tax or charge on the business, occupation, property or income of Grantee that may be lawfully imposed by the Town, State or the United States. SECTION 5. ADMINISTRATION AND REGULATION 5.1 Authority The Town shall be vested with the power and right to administer and enforce the requirements of this Agreement and the regulations and requirements of applicable law in the public interest, including the Cable Act, or to delegate that power and right of administration, or any part thereof, to the extent authorized under federal, State and local law, to any agent in the sole discretion of the Town provided written notice thereof is given to the Grantee. Grantee shall have the right to appeal to the Town Council any adverse determination made by the Town delegate. 5.2 Rates and Charges All of Grantee's rates and charges related to or regarding Cable Services shall be subject to regulation by the Town (if the Town so elects to regulate) to the full extent authorized by applicable federal, State and local laws. 5.3 No Rate Discrimination (A) All of Grantee's rates and charges shall be published (in the form of a publicly available rate card), and shall be non discriminatory as to all Persons of similar classes, under similar circumstances and conditions. Nothing herein shall be construed to prohibit: (1) the temporary reduction or waiving of rates or charges in conjunction with promotional campaigns; or 10 (2) the offering of reasonable discounts to similarly situated Persons. (B) The Grantee's late fee and disconnection policies and practices shall be non- discriminatory, and such policies and practices, and any fees imposed pursuant to this subsection, shall apply equally in all parts of the Franchise Area without regard to the neighborhood or income level of the Subscribers. 5.4 Filing of Rates and Charges (A) Upon written request, Grantee shall provide the Town a complete schedule of applicable rates and charges for Cable Services provided under this Agreement. (B) On an annual basis, Grantee shall upon written request provide a complete schedule of current rates and charges to lease a Leased Access Channel. The schedule shall include a description of the price, terms and conditions established by Grantee for Leased Access Channels. 5.5 Performance Evaluation (A) Evaluation sessions may be held by the Town during the term of this Agreement within thirty (30) days of the Town's written request to Grantee, but no more often than annually. (B) All evaluation sessions shall be open to the public and announced at least one week in advance in a newspaper of general circulation in the Franchise Area. (C) Topics that may be discussed at any evaluation session may include, but are not limited to, Cable Service rates, liquidated damages, free or discounted Cable Services, application of new technologies, System performance, Cable Services provided, programming offered, Customer complaints, privacy, amendments to this Agreement, judicial and FCC rulings, line extension policies, and the Town's or Grantee's rules; provided that nothing in this subsection shall be construed as requiring the renegotiation of this Agreement or any provision hereof. SECTION 6. FINANCIAL AND INSURANCE REQUIREMENTS 6.1 Indemnification (A) General Indemnification Grantee shall indemnify, defend and hold the Town, its elected officials, officers, Councils, commissions, agents and employees, harmless from any action or claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and attorneys' fees and expenses, arising from any casualty or accident to Person or property, including, without limitation, defamation and all other damages in any way arising out of, or by reason of, any construction, excavation, operation, maintenance, reconstruction or any other act done under this Agreement, by or for Grantee, its agents or its employees, or by reason of any neglect or omission of Grantee, its agents or its employees. The Town's fees and expenses shall include the reasonable value of any services rendered by the Town Attorney's 11 office or any other employees of the Town or its agents. Grantee shall consult and cooperate with the Town while conducting its defense of the Town. (B) Duty of Defense The fact that Grantee carries out any activities under this Agreement through independent contractors shall not constitute an avoidance of or defense to Grantee's duty of defense and indemnification under this subsection. (C) Duty to Give Notice and Tender Defense The Town shall give the Grantee timely written notice of any claim or the commencement of any action, suit or other proceeding covered by the indemnity in this Agreement. In the event any such claim arises, the Town or other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to defend, settle or compromise any claims arising thereunder, and the Town shall cooperate fully therein; provided, however, no settlement shall be made on behalf of the Town without the Town's written consent. (D) Separate Representation If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the Town and the counsel selected by Grantee to represent the Town, another attorney shall be selected. 6.2 Insurance Requirements (A) General Requirement Grantee shall at its own expense purchase and maintain the insurance required herein with companies duly licensed to do business in the State of Colorado, possessing a current A.M. Best, Inc. Rating of "A-" or better. (B) Minimum Insurance Limits Grantee must maintain during the Agreement and for a period of twelve (12) months after expiration, termination or nonrenewal thereof, insurance in effect in accordance with the minimum insurance limits herein set forth by the Town. The Grantee shall provide a certificate of insurance for the following minimum insurance limits: (1) Commercial General Liability: Three million dollars ($3,000,000) aggregate limit per occurrence for bodily injury, personal injury and property damage and three million dollars ($3,000,000) products and completed operations. (2) Automobile Liability: One million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. (3) Employer's Liability: Five hundred thousand dollars ($500,000). (4) Workers Compensation Insurance in accordance with State law requirements. (5) Umbrella or Excess Liability Insurance: Five million dollars ($5,000,000). Grantee shall be responsible for judgments, settlements, damages, costs, attorneys' fees and expenses that exceed the limits of Grantee's insurance coverage. 12 (C) Endorsements (1) All policies shall contain, or shall be endorsed so that: (a) The Town shall be designated as an additional insured. (b) The Grantee's insurance coverage shall be primary insurance with respect to the Town, its elected officials, officers, Councils, commissions, agents and employees. Any insurance or self insurance maintained by the Town, its elected officials, officers, Councils, commissions, agents and employees shall be in excess of the Grantee's insurance and shall not contribute to it. (c) Grantee's insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability. (2) The insurance shall not be cancelled or materially altered so as to be out of compliance with the requirements of this subsection without thirty (30) days written notice first being given to the Town. If the insurance is cancelled or materially altered so as to be out of compliance with the requirements of this subsection, Grantee shall provide a replacement policy. Grantee agrees to maintain continuous uninterrupted insurance coverage, in the amounts required, for the duration of this Agreement and thereafter as applicable. (D) Verification of Coverage The Grantee shall furnish the Town with certificates of insurance naming Town as an additional insured. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates for each insurance policy are to be on standard forms or such forms as are consistent with standard industry practices, and are to be received by the Town within thirty (30) days of acceptance of this Agreement by Grantee. The Grantee hereby warrants that its insurance policies satisfy the requirements of this Agreement. 6.3 Self- Insured Retentions If Grantee changes its policy to include a self insured retention, the Grantee shall give written notice of such change to the Town. The Town's approval will be given if the self insured retention is consistent with standard industry practices. Any self insured retention of the policies shall not in any way limit Grantee's liability to the Town. 6.4 Bond (A) Grantee shall provide a Performance Bond in the amount of Ten thousand dollars ($10,000) to ensure the faithful performance of its responsibilities under this Agreement and applicable law including, by way of example and not limitation, its obligation to relocate and remove its facilities and to restore Town Rights -of -Way and other property. Grantee may be required to obtain additional bonds in accordance with the Town's ordinary practices. The bond shall be in a form reasonably acceptable to the Town's Risk Manager. Grantee shall pay all 13 premiums or costs associated with maintaining the bond, and shall keep the same in full force and effect at all times. (B) The bond shall not be cancelled or materially altered so as to be out of compliance with the requirements of this subsection without thirty (30) days written notice first being given to the Town. If the bond is cancelled or materially altered so as to be out of compliance with the requirements of this subsection, Grantee shall provide a replacement bond. Grantee agrees to maintain a continuous uninterrupted bond in the amounts required for the duration of this Agreement or thereafter as specified in this Agreement. SECTION 7. CUSTOMER SERVICE 7.1 Customer Service Standards Customer Service Standards may be adopted separately by ordinance or resolution by the Town. In any event, Grantee shall comply with the customer service standards as outlined by federal law (namely 47 CFR Section 76.309) and as those maybe amended from time to time. The Town agrees to provide written notice to Grantee if it intends to enact customer service standards more stringent than those contained in 47 CFR Section 76.309. To the extent Grantee makes available a payment center so that Customers may have an opportunity to pick up and return equipment, pay bills and ask questions of representatives of Grantee, if Grantee elects to close such payment center, it shall provide thirty (30) days advance notice of such closure to the Town. 7.2 Subscriber Privacy Grantee shall comply with privacy rights of Subscribers in accordance with applicable federal and State laws. SECTION 8. REPORTS AND RECORDS 8.1 Open Records The Town shall have access to, and the right to inspect, any books and records of Grantee and its Affiliates that are reasonably related to the enforcement of the provisions of this Agreement. Such review shall be at the Grantee's business office during normal business hours and on a non- disruptive basis. Such notice shall specifically reference the Section or subsection of the Agreement that is under review so that the Grantee may organize the necessary books and records for easy access by the Town. Grantee shall not deny the Town access to any of Grantee's records on the basis that Grantee's records are under the control of any Affiliate. The Town may, in writing, request copies of any such records or books, and Grantee shall provide such copies within thirty (30) days of the receipt of such request except for those documents deemed proprietary and confidential. One copy of all reports and records required under this or any other subsection shall be furnished to the Town at the sole expense of Grantee. If the requested books and records are t6o voluminous, or for security reasons cannot be copied or removed, then Grantee may request, in writing within thirty (30) days of receipt of such request, that the Town inspect them at Grantee's office. If any books or records of Grantee are not kept 14 in a local office and not made available in copies to the Town upon written request as set forth above, and if the Town determines that an examination of such records is necessary for the enforcement of this Agreement, then all reasonable Town travel expenses incurred in making such examination shall be paid by Grantee. 8.2 Confidentiality (A) Notwithstanding anything to the contrary set forth in this Agreement, the Grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature. Grantee shall not be required to provide Customer information in violation of Section 631 of the Cable Act or any other applicable federal or State privacy law. For purposes of this subsection, the terms "proprietary or confidential" include, but are not limited to, information relating to the Cable System design, Customer lists, marketing plans or financial information unrelated to the calculation of franchise fees. Grantee may make proprietary or confidential information available for inspection but not copying or removal by the Town's representative. (B) Grantee shall be responsible for clearly and conspicuously identifying the books, records and maps which are confidential or proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or federal law. If the Town receives a demand from any Person for disclosure of any information designated by Grantee as confidential, the Town shall, so far as consistent with applicable law, advise Grantee and provide Grantee with a copy of any written request by the party demanding access to such information within a reasonable time, but before the proposed release. Unless otherwise ordered by a court or agency of competent jurisdiction, the Town agrees that, to the extent permitted by State or federal law, it shall deny access to any of Grantee's books or records marked confidential or proprietary as set forth above. 8.3 Records Required Grantee shall provide to the Town upon written request: (A) A full and complete set of "route" maps, showing the general location of all System equipment installed or in use in the Rights -of -Way, that are generated in Grantee's normal course of business; (B) A copy of all FCC filings on behalf of Grantee that relate to the operation of the System in the Franchise Area; and (C) A list of Grantee's Cable Services, rates and Channel line -up. 8.4 Copies of Federal and State Reports Upon reasonable written request, Grantee shall submit to the Town copies of any pleading, applications, notifications, communications and documents of any kind submitted by Grantee or its Affiliates to any federal, State or local courts, regulatory agencies and other government bodies- if such documents directly relate to the operation of Grantee's System within the 15 Franchise Area. Grantee shall submit such documents to the Town no later than thirty (30) days after receipt of the Town's request. 8.5 Complaint File and Reports (A) Grantee shall keep an accurate and comprehensive compilation of any and all Customer complaints escalated to the Town and provided to Grantee, and Grantee's actions in response to those complaints, in a manner consistent with the privacy rights of Subscribers. Upon written request of at least thirty (30) days written notice, this file shall be made available to the Town during normal business hours. (B) Also, upon written request, but no more often than once annually, Grantee shall provide an executive summary report to the Town within thirty (30) days of the Town's written request that shall include the following information: (1) Nature and type of Customer complaints escalated to the Town and provided to Grantee; .(2) A summary of unplanned service interruptions or Cable System outages lasting longer than four hours; (3) Phone activity report of complaints escalated to the Town and provided to Grantee; (4) Video Programming changes (additions /deletions); (5) Such other information as reasonably requested by the Town and related to the enforcement of this Franchise. 8.6 False Statements Any intentional false or misleading statement or representation in any report required by this Agreement shall be a material breach of this Agreement and may subject Grantee to all remedies, legal or equitable, that are available to the Town under this Agreement or otherwise. SECTION 9. PROGRAMMING 9.1 Broad Programming Categories Grantee shall provide at least the following broad categories of programming to the extent such categories are reasonably available: (A) Educational programming; (B) News, weather and information; (C) Sports; 16 (D) General entertainment including movies; (E) Children, family oriented; (F) Arts, culture and performing arts; (G) Foreign Language programming; (H) Science /documentary; and (I) PEG Access programming. 9.2 Deletion of Broad Programming Categories Grantee shall not delete or so limit as to effectively delete any broad category of programming within its control without prior written notice to the Town. 9.3 Obscenity Grantee shall comply with applicable laws related to obscenity. 9.4 Parental Control Device Upon request by any Subscriber, Grantee shall make available a parental control or lockout device, traps or filters to enable a Subscriber to prohibit viewing of a particular Cable Service during periods selected by the Subscriber. Grantee shall inform its Subscribers of the availability of the lockout device at the time of their initial subscription and upon request thereafter. 9.5 Complimentary Cable Service (A) The Grantee shall provide without charge within seven (7) days of a written request, a Standard Installation and one outlet of Basic Service and Expanded Basic Service (and any necessary converter) to Town buildings now existing or hereafter constructed within the Franchise Area, provided that the buildings are either owned or leased and occupied by the Town, fire station(s), police station(s), libraries or School(s), or the Town's Designated Access Provider and provided further that they are already served by the Grantee's Cable System or are within one hundred twenty five (125) aerial feet or sixty (60) underground feet (a "Standard Installation of its Cable System. A Standard Installation does not include exceptional circumstances such as those involving railroad crossings or going under rivers. (B) The Cable Service provided shall only be used for lawful purposes, shall not be used for commercial purposes or to entertain public or private groups and shall not be located in public areas (except for those outside of the Town Council's Meeting Room and displaying content related to the Town Council meetings). Complimentary cable services shall not be used in areas where the Town would normally enter into a commercial contract, by way of example and not limited to: recreation center work out facilities and community housing. The Town shall 17 take reasonable precautions to prevent any use of the Grantee's Cable System in any manner that results in the inappropriate use thereof. Grantee shall have the right to discontinue complimentary cable service hookups that do not comply with this Franchise provided that 30 days written notice is first given by Grantee to the Town and if there is continued noncompliance with Subsection 9.5(B), then Grantee may discontinue complimentary cable service hookups that do not comply with this Franchise. (C) Unless it currently exists, the Grantee shall not be required to provide a free outlet to the above buildings where a non Standard Installation is required, unless the Town or building owner /occupant agrees to pay the incremental cost of any necessary Cable System extension and non Standard Installation. (D) If additional outlets of complimentary Cable Service are provided to buildings beyond those required herein, the building owner /occupant shall pay the usual installation fees and recurring charges associated therewith. It is agreed, however, that for those existing complimentary accounts as of the date hereof there shall not be any recurring charges except for the converter boxes used for Premium Services or any similar additional services associated therewith. (E) The monetary value of complimentary Standard Installations, converters and Cable Service provided by the Grantee pursuant to this subsection shall not be offset against any franchise fees payable to the Town. 9.6 Leased Access Channels Grantee shall offer Leased Access Channel capacity on such terms and conditions and rates as may be negotiated with each lessee subject to the requirements of Section 612 of the Cable Act and the rules and regulations of the FCC. 9.7 Continuity of Service It shall be the right of all Subscribers to continue to receive Cable Service from Grantee insofar as their financial and other obligations to Grantee are satisfied. Grantee shall use its best efforts to ensure that all of its Subscribers receive continuous, uninterrupted Cable Service. SECTION 10. PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS 10.1 Access (A) Grantee shall continue to make available and maintain throughout the term of this Franchise, at no additional charge, one (1) Access Channel that shall be shared by the Town, City of Aspen and Pitkin County and which is currently carried on the Cable System. Additionally, Grantee shall continue to make available and maintain throughout the term of this Franchise at no additional charge, two (2) Access Channels that shall be shared by the Town, the City of Aspen and Pitkin County and which are currently carried on the Cable System. 18 (B) In the event Grantee makes any change in signal delivery technology which directly affects the signal quality or transmission of any Access Channel programming or services, the Grantee shall, at its own expense, take necessary technical steps, acquire new equipment and, in addition, provide the necessary assistance so that the Access facilities and equipment may be used as intended by the Access providers, including, among other things, so that live and taped programming can be cablecast with as good or better signal quality than existed prior to such change. (C) Notwithstanding anything in this Franchise to the contrary and irrespective of whether there is effective competition from DBS (satellite) or Cable Operators who operate a Cable System or telephony providers who also deliver Video Programming services, the Public, Educational and Governmental Access Channels shall be carried on the Basic Tier and there shall not be any initial or recurring charges in connection with them or converter boxes or equipment necessary to view them, unless applicable law otherwise allows. 10.2 Triggers for an Additional Access Channel The Town may require Grantee to make available no more than one (1) additional activated downstream Access Channel when all (excluding the Channel that carries airport programming) of the existing Access Channels required by Subsection 10.1 are used for locally scheduled programming (but excluding character generated and filler programming, e.g., video bulletin board, NASA, AM /FM Radio Programming), during fifty percent (50 of the hours between 10:00 A.M. and 10:00 P.M., Monday through Friday during any consecutive ten (10) week period. It is understood and agreed that as between Aspen, Pitkin County and the Town of Snowmass Village, there may be only 1 additional activated downstream Access Channel during this current Franchise term. Upon a showing that this threshold has been met, after a Public Hearing and opportunity for citizen input, Grantee shall make available, within four (4) months of the Town's written request, one (1) additional Access Channel for Access programming purposes. Locally scheduled programming under this Subsection means only non commercial, not for profit, non competitive, government, educational or public access programming that is created or produced within Aspen, the Town of Snowmass Village or Pitkin County. Such programming shall not be considered as counting toward the calculation in this Subsection 10.2 after three (3) cablecasts (initial, first repeat and second repeat). The Town acknowledges that some other programming services may need to be moved or deleted to accommodate such additional Access Channel. 10.3 Management and Control of Access Channels The Town may authorize Designated Access Providers to control, operate and manage the use of any and all Access facilities including, without limitation, the programming of Access Channels. The Town or its designee may formulate rules for the operation of the Access Channels, consistent with this Agreement. Nothing herein shall prohibit the Town from authorizing itself to be a Designated Access Provider or from assigning several Designated Access Providers with similar types of programming to share Access Channel space. 19 10.4 Access Channel Numbers Grantee will use commercially reasonable efforts to minimize the movement of Access Channel numbers. Grantee shall provide to the Town a minimum of sixty (60) days notice prior to any relocation of an Access Channel, unless the change is required by federal law or for a demonstrable technical reason, in which case Grantee shall give the Town at least thirty (30) days written notice. In addition, Grantee shall provide the Town with ninety (90) thirty second promotional spots on the System during a thirty (3 0) day period prior to the date of the change in the location of an Access Channel. The Town or its designee shall have sole responsibility to produce and deliver the spots to Grantee on a timely basis and in a cablecast -ready state. Such spots shall promote the Access Channel and the Channel relocation only for the purpose of notifying Subscribers of the change in Channel designation, and shall not include any mention of any third party or other sponsors. Placement of the spots shall be based on available inventory. All spots are subject to Grantee's approval, such approval not to be unreasonably withheld or delayed. If Designated Access Providers can demonstrate significant economic impact due to rebranding, Grantee and Town shall meet and attempt in good faith to address Grantee paying for some of the rebranding costs. 10.5 Technical Quality The Grantee shall maintain all Access Channels consistent with the quality of Grantee's other Channels on the same tier of service. The Grantee shall provide routine maintenance and repair and replace, if necessary, any of Grantee's equipment required to carry a quality signal from the Access facilities to Subscribers. Should the Town or its Designated Access Provider elect to upgrade any of the equipment at its facilities, the Town or its Designated Access Provider shall be responsible for upgrading the equipment at its costs. 10.6 Return Lines Grantee shall, at its expense, maintain the existing operating return lines sufficient to enable character generated, prerecorded and live cablecasts from Town of Snowmass Village located at 130 Kearns Road, Snowmass Village, CO 81615; Pitkin County Airport located at 233 East Airport Road, Suite A, Aspen, CO 81612; Colorado Mountain College; RAFTA and the GrassRoots TV Studio located at 110 E. Hallam Street in Aspen; to the Headend to enable the distribution of Access programming to Subscribers. Grantee shall not be required to maintain return lines to the GrassRoots TV studio if the Town ceases to use GrassRoots as a Designated Access Provider. Upon written request of the Town, Grantee shall construct and maintain additional fiber optic return lines, at Town's expense, from other locations within the Franchise Area which deliver Access programming to Subscribers. SECTION 11. GENERAL RIGHT -OF -WAY USE AND CONSTRUCTION 11.1 Construction (A) Subject to applicable laws and this Agreement, Grantee shall perform all maintenance, construction, repair and upgrades necessary for the operation of its System in the 20 Rights -of -Way. All work regarding Grantee's System shall, regardless of who performs the work, be and remain Grantee's responsibility. Grantee shall apply for, and obtain, all permits necessary for construction or installation of any facilities and for excavating and laying any facilities within the Rights -of -Way. Grantee shall pay all applicable fees upon issuance of the requisite permits by the Town to Grantee. (B) As a condition of any permit so issued, the Town may impose such conditions and regulations as are necessary for the purpose of protecting any structures in such Rights -of -Way, proper restoration of such Rights -of -Way and structures, protection of the public and the continuity of pedestrian or vehicular traffic. (C) In the event that emergency repairs are necessary, Grantee shall immediately notify the Town of the need for such repairs. Grantee may initiate such emergency repairs and shall apply for appropriate permits within forty -eight (48) hours after discovery of the emergency, or as soon as reasonably practical. 11.2 One Call Notification Prior to doing any work in the Rights -of -Way, Grantee shall follow established procedures, including contacting the Utility Notification Center of Colorado and comply with all applicable State statutes. Grantee shall also comply with generally applicable ordinances and permitting requirements before digging in the Rights -of -Way. 11.3 Restoration of Rights -of -Way (A) Whenever Grantee disturbs the surface of any Rights -of -Way for any purpose, Grantee shall promptly restore the Rights -of -Way to a condition reasonably comparable to the condition of the Rights -of -Way immediately prior to such disturbance, normal wear and tear excepted. When any opening is made by Grantee in a hard surface pavement in any Rights -of- Way, Grantee shall promptly refill the opening and restore the surface as required by its permit. (B) If the Grantee fails to promptly restore the Rights -of -Way, the Town may, after providing reasonable notice to Grantee, refill or repave any opening made by Grantee in the Rights -of -Way, and the reasonable expense. thereof shall be paid by Grantee. The Town may, after providing reasonable notice to Grantee, repair any work done by Grantee that, in the determination of the Town, does not conform to applicable Town specifications. The reasonable cost thereof, including the costs of inspection and supervision, shall be paid by Grantee. All excavations made by Grantee in Rights -of -Way shall be properly safeguarded for the prevention of accidents. All of Grantee's work under this Agreement shall be done in compliance with all rules, regulations and generally applicable ordinances of the Town. 11.4 Maintenance (A) Grantee's System shall be constructed and maintained in such a manner as not to interfere with sewers, water pipes or any other property of the Town, or with any other pipes, wires, conduits, pedestals, structures or other facilities that may have been laid in Rights -of -Way by, or under, the Town's authority. 21 (B) Grantee shall provide and use any equipment necessary to control and carry Grantee's signals so as to prevent damage to the Town's property or property belonging to any Person. Grantee, at its own expense, shall repair, renew, change and improve its facilities and equipment to keep them in good repair and a safe and presentable condition. (C) The Grantee's transmission and distribution System, wires and appurtenances shall be located, erected and maintained so as not to endanger or interfere with the lives of Persons, or to unnecessarily hinder or obstruct the free use of Rights -of -Way or other public property. (D) Grantee shall give reasonable notice to private property owners of construction work in adjacent Rights -of -Way. 11.5 Reservation of Rights -of -Way Nothing in this Agreement shall prevent the Town or public utilities from constructing any public work or improvement. All such work shall be done insofar as practicable so as not to obstruct, injure or prevent the use and operation of Grantee's Cable System. (A) Movement of System For and By the Town The Town shall have the right to require Grantee to relocate, remove, replace, modify or disconnect Grantee's facilities and equipment located in the Rights -of -Way or on other property of the Town in the event of an emergency or when necessary to protect or further the health, safety or welfare of the general public, and such work shall be performed at Grantee's expense consistent with applicable law. In conjunction with the foregoing, Grantee shall be treated in a similar manner with respect to other providers with overhead utilities. Except during an emergency, the Town shall provide reasonable notice to Grantee, not to be less than ten (10) business days, and allow Grantee the opportunity to perform such work. If the Grantee fails to complete this work within the time prescribed and to the Town's reasonable satisfaction, the Town may cause such work to be done and bill the cost of the work to the Grantee. Grantee shall remit payment to the Town within thirty (30) days of receipt of an itemized list of those costs. If the Town requires Grantee to relocate its facilities located within the Rights -of- Way, the Town shall make a reasonable effort to provide Grantee with an alternate location in the Rights -of -Way. (B) Movement for Other Permittees At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee shall temporarily raise, lower or remove its wires as necessary to allow the moving of a building, vehicle, equipment or other item. The cost of such temporary change must be paid by the permit holder, and Grantee may require the estimated payment in advance. 22 11.6 Rights -of -Way Vacation If any Rights -of -Way or portion thereof used by Grantee is vacated by the Town during the term of this Agreement, unless the Town specifically reserves to Grantee the right to continue the use of vacated Rights -of -Way, Grantee shall, without delay or expense to the Town, remove its facilities from such Rights -of -Way and restore, repair or reconstruct the Rights -of -Way where such removal has occurred. In the event of failure, neglect or refusal of Grantee to restore, repair or reconstruct such Rights -of -Way after thirty (30) days written notice from the Town, the Town may do such work or cause it to be done, and the reasonable cost thereof shall be paid by Grantee within thirty (30) days of receipt of an invoice and documentation. 11.7 Undergrounding of Cable (A) Where electric and telephone utility wiring or other underground wiring is installed at the time of System construction or when such overhead wiring is subsequently placed underground, all System lines, wiring and equipment shall also be placed underground by Grantee concurrently or within a reasonable time thereafter at no expense to the Town, subject to applicable law including, but not limited to CRS 29 -8 -101 et seq. In areas where either electric or telephone utility wiring is aerial, the Grantee may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. If funds exist, are set aside for such purpose, or provided by a third party, Grantee shall be entitled to seek reimbursement for its share of funds to offset the cost of placing its facilities underground. Nothing contained in this subsection shall require Grantee to construct, operate and maintain underground any ground- mounted appurtenances including, but not limited to, pedestals. (B) The Grantee shall utilize existing conduit wherever possible. (C) The Town shall not be required to obtain easements for the Grantee. (D) The Grantee shall participate with other providers in joint trench projects to relocate its overhead facilities underground and remove its overhead facilities in areas where utilities are being converted to underground facilities. 11.8 Construction and Use of Poles Grantee shall use existing poles when the installation of facilities above ground is permitted. In the event Grantee cannot obtain the necessary poles pursuant to a pole attachment agreement, and only in such event, then, subject to the Town's prior written consent, it shall be lawful for Grantee to make all needed excavations in the streets for the purpose of placing, erecting, maintaining, repairing and removing poles needed for the maintenance or extension of Grantee's System. The Town shall have the right to require Grantee to change the location of any pole within Rights -of -Way when, in the opinion of the Town, the public health, safety or welfare requires such change, and the expense thereof shall be paid by Grantee. 23 11.9 Tower Specifications Antenna supporting structures "towers shall be designed for proper loading as those industry specifications may be amended from time to time. Antenna supporting structures shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable federal, State or local codes or regulations. 11.10 Tree Trimming Upon obtaining a written permit from the Town, Grantee may prune or cause to be pruned any tree or other natural growth in the Rights -of -Way that interferes with the System. 11.11 Standards (A) All work authorized and required hereunder shall be done in a safe, thorough and workmanlike manner. The Grantee must comply with all federal, State and local safety requirements, rules, regulations, laws and practices, and deploy all necessary devices as required by applicable law during construction, operation and repair of its System. By way of illustration and not limitation, Grantee must comply with the National Electric Code, National Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards. (B) Grantee shall ensure that all cable drops are properly bonded and grounded at the home, consistent with applicable code requirements. All non conforming or non performing cable drops shall be replaced by Grantee as necessary. (C) All installations of equipment, lines and facilities shall be durable and installed in accordance with good engineering practices and of sufficient height to comply with all federal, State and local regulations, ordinances and laws. (D) Any opening or obstruction in the Rights -of -Way or other public places made by the Grantee in the course of its operations shall be guarded and protected at all times by the placement of adequate barriers, fences or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible at night. (E) Grantee and the Town agree that nothing in this Agreement shall give Grantee the right to construct new poles without prior Town approval. Furthermore, nothing contained in this Agreement gives Grantee a right of pole attachment to Town facilities or facilities owned by third parties. 11.12 Stop Work On notice from the Town that any work is being conducted contrary to the provisions of this Agreement, or in an unsafe or dangerous manner as determined by the Town, or in violation of the terms of any applicable permit, laws, regulations, ordinances or standards, the work may immediately be stopped by the Town. The stop work order shall: 24 (A) Be in writing; (B) Be sent to Grantee by mail at the address given herein; (C) Indicate the nature of the alleged violation or unsafe condition; and (D) Establish conditions under which work may be resumed. 11.13 Work of Contractors and Subcontractors Grantee's contractors and subcontractors shall be licensed and bonded in accordance with local ordinances, regulations and requirements. Work by contractors and subcontractors shall be subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf, and shall ensure that all such work is performed in compliance with this Agreement and other applicable law, and shall be jointly and severally liable for all damages caused by them. It is Grantee's responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee's behalf are familiar with the requirements of this Agreement and other applicable laws governing the work performed by them. 11.14 Joint Trenching/Boring To the extent it is technically and economically feasible, Grantee shall joint trench or share bores or cuts and work with other providers (such as, but not limited to, telecommunications, gas and electric companies), licensees, permittees and franchisees so as to reduce the number of Right of -Way cuts within the Town. 11.15 GIS Mapping and As -Built Maps Upon thirty (30) days written request of the Town, Grantee shall within a reasonable timeframe comply with any generally applicable ordinances, rules and regulations of the Town regarding geographic information systems mapping for users of the Rights -of -Way. 11.16 Notice to Property Owners Except for emergency situations, Grantee shall provide at least two (2) days prior written notice to property owners before commencing work on public or private property. Grantee may provide such notice by door hangers or other reasonable means. SECTION 12. SYSTEM DESIGN (A) The Cable System has been previously upgraded :and is capable of 750 MHz and is capable of delivering high quality signals that meet FCC technical quality standards regardless of a particular manner in which the signal is transmitted. Grantee agrees to maintain the Cable 25 System in a manner consistent with, or in excess of, these specifications throughout the Agreement. (B) The Cable System shall be two -way capable, provided that the Grantee reserves the right to use the bandwidth in the future for other uses based on market factors. (C) Equipment must be installed so that all closed captioned programming received and transmitted by the Cable System shall include the closed caption signal so long as the closed caption signal is provided consistent with FCC standards. (D) Grantee acknowledges that the minimum Cable System design and performance requirements set forth in this Agreement are enforceable, to the extent allowed by law. SECTION 13. TECHNICAL STANDARDS 13.1 Technical Performance The technical performance of the Cable System shall meet all applicable technical standards authorized or required by law including, without limitation, FCC technical standards as they may be amended from time to time, regardless of the transmission technology utilized. The Town shall have the full authority permitted by applicable law to enforce compliance with these technical standards. 13.2 Inspection of Facilities The Town may inspect any of Grantee's facilities and equipment located in the Rights -of -Way or on other public property at any reasonable time during business hours upon at least twenty -four (24) hours notice, or, in case of an emergency, upon demand without prior notice. Where inspection is warranted, the Town shall have the right to charge generally applicable inspection fees therefore. If an unsafe condition is found to exist, the Town, in addition to taking any other action permitted under applicable law, may order Grantee to make the necessary repairs and alterations specified therein and correct the unsafe condition within the time specified by the Town. The Town has the right to correct, inspect, administer and repair the unsafe condition if Grantee fails to do so within the time specified and to charge Grantee the cost therefore. In such event, the Town shall not be liable for any damage to any portion of Grantee's Cable System. 13.3 Cable System Performance Testing (A) Grantee shall, at its expense, perform all tests on its Cable System required by law and maintain written records of its test results. Upon advance request, all required technical performance tests may be witnessed by representatives of the Town. Copies of such test results will be provided to the Town upon written request. (B) Grantee shall promptly take such steps and measures as are necessary to correct any performance deficiencies fully and to prevent their recurrence. Grantee's failure to correct deficiencies identified through this testing process shall be a material violation of this Agreement. Sites shall be re- tested following correction until satisfactory results are obtained. 26 13.4 Additional Tests (A) Where there exists a demonstrable ongoing pattern of poor technical performance, then upon thirty (30) days prior written notice, the Town may require Grantee to conduct proof of- performance tests on test points located within the Franchise Area and provide results of such tests within thirty (30) days after completion thereof. (B) Grantee shall cooperate with the Town in performing the testing described in subsection (A) and shall prepare the results and a report. Such report shall include the following infonnation: (1) the nature of the complaint or problem that precipitated the special tests; (2) the Cable System component tested; (3) the equipment used and procedures employed in testing; (4) the method, if any, in which such complaint or problem was resolved; and (5) any other information pertinent to said tests and analysis that may be reasonably required. SECTION 14. SERVICE EXTENSION 14.1 Service Availability (A) Grantee shall provide a standard installation of Cable Service within seven (7) days of a request by any Person within its Franchise Area. For purposes of this Section, a request shall be deemed made on the date of signing a service agreement, receipt of funds by Grantee (if applicable), receipt of a written request by Grantee or receipt by Grantee of a verified verbal request. Grantee shall provide Cable Service: (1) with no line extension charge except as specifically authorized elsewhere in this Agreement; (2) at a non discriminatory installation charge for a Standard Installation, consisting of a one hundred twenty -five (125) foot aerial drop or sixty (60) feet for an underground drop connecting to the exterior demarcation point for Subscribers, with additional charges for non standard installations computed according to a non discriminatory methodology; and (3) at non discriminatory monthly rates for all Residential Subscribers. .(B) No Customer shall be refused service arbitrarily. However, for unusual circumstances, such as a Customer's request to locate the cable drop underground with a distance of more than sixty (60) feet or the existence of more than one hundred twenty -five (125) aerial 27 feet of distance from the distribution cable to connection of service to Customers, or a density of less than twenty -five (25) residences per 5280 cable- bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. Customers who request service hereunder will bear the remainder of the construction and other costs on a pro rata basis. The Grantee may require that the payment of the capital contribution in aid of construction borne by such potential Customers be paid in advance. (C) Grantee shall, subject to the line extension distance criteria set forth above and upon request (but subject to Grantee recouping a reasonable amount of its construction costs) make Cable Service available to all commercial establishments located within the Town at the expense of such commercial establishments. 14.2 Service to Multiple Dwelling Units The Grantee shall provide Cable Service to multiple dwelling units in accordance with an agreement with the property owner, this Agreement and all applicable laws. Additionally, Grantee shall use best efforts to provide Cable Service to Customers in the Franchise Area that are billed on a bulk billing basis. SECTION 15. STANDBY POWER AND EMERGENCY ALERT SYSTEM 15.1 Standby Power Grantee shall provide standby power generating capacity at the System Headend capable of providing at least twenty -four (24) hours of emergency operation. Grantee shall maintain standby power supplies throughout the System rated for at least four (4) hours duration. 15.2 Emergency Alert Capability (A) Grantee shall provide an Emergency Alert System "EAS in accordance with and as required by applicable laws and regulations. (B) Grantee shall ensure that the EAS is functioning properly at all times. It will test the EAS periodically, in accordance with federal and State regulations. Upon request, Grantee will advise the Town of the testing schedule so that the Town may be present for the tests. SECTION 16. BREACHES OF AGREEMENT 16.1 Procedure for Remedying Agreement Violations (A) If the Town believes that Grantee has failed to perform any material obligation under this Agreement or has failed to perform in a timely manner, the Town shall first informally discuss the matter with Grantee. If this discussion does not lead to resolution of the problem, the Town shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: 28 (1) respond to the Town, contesting the Town's assertion that a default has occurred; (2) cure the default; or (3) notify the Town that Grantee cannot cure the default within thirty (30) days because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the Town in writing and in detail as to the exact steps that will be taken and the projected completion date. Upon ten (10) business days prior written notice, either the Town or Grantee may call a meeting to discuss the alleged default. In such case, if matters are not resolved at such meeting, the Town may set a hearing in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee's proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default, or the Town orders a hearing in accordance with subsection (A)(3), the Town shall set a public hearing to investigate said issues or the existence of the alleged default. The Town shall notify Grantee of the hearing in writing, and such hearing shall take place no less than thirty (30) days after Grantee's receipt of notice of the hearing, which notice shall specify the time, place and purpose of such hearing. At the hearing, Grantee shall be provided an opportunity to be heard, to present and question witnesses and to present evidence in its defense. The determination as to whether a default or a material breach of this Agreement has occurred shall be within the Town's sole discretion, but any such determination shall be subject to appeal to a court of competent jurisdiction. (C) If, after the public hearing, the Town determines that a default still exists, the Town shall order Grantee to correct or remedy the default or breach within ten (10) days of Town notification or within such other timeframe as the Town shall determine. The Town's decision shall be provided to the Grantee in writing, setting forth the reasons supporting the Town's actions. In the event Grantee does not cure within such time to the Town's reasonable satisfaction, the Town may: (1) take steps to collect on the Performance Bond; (2) assess and collect monetary damages in accordance with this Agreement; (3) commence revocation procedures consistent with subsection 16.4 herein; or (4) pursue any other legal or equitable remedy available under this Agreement or applicable law. 29 16.2 Alternative Remedies and Immunity (A) Neither the existence of other remedies identified in this Agreement nor the exercise thereof shall be deemed to bar or otherwise limit the right of the Town to recover monetary damages, as allowed under applicable law, or to seek and obtain judicial enforcement of Grantee's obligations by means of specific performance, injunctive relief or mandate. (B) The Town specifically does not, by any provision of this Agreement, waive any right, immunity, limitation or protection otherwise available to the Town, its elected officials, officers, Councils, commissions, agents or employees under federal, State, or local law including, by way of example, Section 635A of the Cable Act. 16.3 Assessment of Liquidated Damages (A) Because it may be difficult to calculate the harm to the Town in the event of a breach of this Agreement by Grantee, the parties agree to liquidated damages as a reasonable estimation of the actual damages in certain instances. Nothing in this subsection is intended to preclude the Town from exercising any other right or remedy in accordance with applicable law. (B) Prior to assessing any liquidated damages, the Town shall give Grantee written notice and a thirty (3 0) day right to cure. (C) The first day for which liquidated damages may be assessed, if there has been no cure after the end of the applicable cure period, shall be the day of the violation. (D) Liquidated damages shall be as follows: (1) One hundred dollars ($100.00) per day for material departure from the FCC technical performance standards; (2) One hundred dollars ($100.00) per day for failure to provide the Access Channels or any equipment related thereto or funding which is required; (3) One hundred dollars ($100.00) per day for failure to comply with any other material requirement of this Agreement; Liquidated Damages may not be assessed for more than one hundred twenty (120) days. 16.4 Material Violations (A) In addition to pursuing any other legal or equitable remedy available under this Agreement or applicable law, the Town may revoke this Agreement and rescind all rights and privileges associated with this Agreement in any of the following circumstances: (1) If Grantee fail's to perform any material obligation under this Agreement; 30 (2) If Grantee willfully fails for more than three (3) days to provide continuous and uninterrupted Cable Service except for Force Majeure; (3) If Grantee attempts to evade any material provision of this Agreement or to practice any fraud or deceit upon the Town or Subscribers; or (4) If Grantee fails to provide the insurance, performance bond or other security required by this Agreement. (B) Prior to pursuing legal or equitable remedies and forfeiture or termination of the Agreement, the Town shall give written notice to the Grantee. The notice shall set forth the exact nature of the noncompliance. Grantee shall have thirty (30) days from such notice to object in writing and to state its reasons for such objection and provide any explanation. In the event the Town has not received a timely and satisfactory response from Grantee, it may then seek legal and equitable remedies and a termination of the Agreement in accordance with this subsection. (C) The Town shall conduct a public hearing. (1) At least thirty (30) days prior to the public hearing, the Town Clerk shall issue a public hearing notice that shall establish the issue(s) to be addressed in the public hearing; provide the time, date and location of the hearing; provide that the Council shall hear any persons interested therein; and provide that the Grantee shall be afforded fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence, to be represented by counsel and to question witnesses. (2) A verbatim transcript may be made by a court reporter of such proceeding and the cost shall be paid by Grantee and Town on a 50150 basis. (3) Within thirty (30) days after the close of the hearing, the Town Council shall issue a written decision. (D) Grantee shall be bound by the Town Council's decision unless an appeal to a court of competent jurisdiction is filed within thirty (3 0) days of the date of the Town Council's decision. Grantee and the Town shall be entitled to such relief as the court may deem appropriate. 16.5 Purchase or Removal (A) If this Agreement is lawfully terminated or revoked, the Town may, subject to applicable law: (1) Require Grantee to maintain and operate its Cable System on a month -to- month basis until a new cable operator is selected; or (2) Purchase Grantee's Cable System in accordance with federal law. (B) The Town may order the removal of the above ground Cable System facilities and such underground facilities from the Franchise Area at Grantee's sole expense within a reasonable 31 period of time as determined by the Town. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that is made by it and shall leave all Rights -of -Way, public places and private property in as good a condition as that prevailing prior to Grantee's removal of its equipment and without affecting electrical or telephone wires or attachments. The indemnification, insurance and bond(s) shall remain in full force and effect during the period of removal, and Grantee shall not be entitled to, and agrees not to request, compensation of any sort therefor. (C) If Grantee fails to complete any removal required by subsection 16.5 (B) to the Town's satisfaction, after written notice to Grantee, the Town may cause the work to be done and Grantee shall reimburse the Town for the costs and expenses incurred within thirty (30) days after receipt of an itemized list of the costs and expenses, or the Town may recover the costs and expenses through the Grantee's security instruments if Grantee has not paid such amount within the foregoing thirty (30) day time period. Any costs and expenses incurred by the Town regarding such removal shall include reasonable attorneys' fees and costs and expenses for work conducted by the Town staff or its agents. SECTION 17. ABANDONMENT If the Grantee abandons its Cable System during the Agreement, the Town, at its option, may operate the Cable'System; designate another entity to operate the Cable System temporarily until the Grantee restores service under conditions acceptable to the Town, or until the Agreement is revoked and a new franchisee is selected by the Town; or obtain an injunction requiring the Grantee to continue operations. If the Town is required to operate or designate another entity to operate the Cable System, the Grantee shall reimburse the Town or its designee for all reasonable costs, expenses and damages incurred. SECTION 18. RENEWAL AND TRANSFER 18.1 Renewal The Town and Grantee agree that any proceedings undertaken by the Town that relate to the renewal of the Agreement shall be governed by and comply with the provisions of Section 626 of the Cable Act, unless the procedures or substantive protections set forth therein shall be deemed to be preempted and superseded by the provisions of any subsequent provision of federal or State law. 18.2 Transfer (A) This Agreement and the Cable System shall not be assigned, transferred, sold, or disposed of, in whole or in part, by voluntary sale, sale and leaseback, merger, consolidation, exchange of stock, by provision of a management agreement, or otherwise, or by forced or involuntary sale, without the prior. written consent of the Town, which shall not be unreasonably withheld, delayed or conditioned. '(B) Prior written approval of the Town shall also'be required where a controlling interest in Grantee is to be acquired during this Agreement in any transaction, or series of transactions, by a Person or group of Persons, none of whom owned or controlled Grantee, singularly or collectively 32 on the effective date of the Agreement. The term "controlling interest" as used herein is not limited to majority stock ownership but includes actual working control in whatever manner exercised. (C) The approval of a sale, transfer or change in control in one instance shall not render unnecessary approval of any subsequent sale, transfer or change in control. (D) Approval of a sale, transfer or change in control by the Town does not constitute a waiver or release by the Town of its rights under this Agreement or applicable law. (E) A transfer of this Agreement shall be conducted in accordance with federal law and the requirements set forth in this Agreement. The Town may request any information it deems reasonable to evaluate the financial, technical and legal qualifications of the proposed transferee or new controlling party. Any unresolved Agreement compliance issues shall be resolved prior to completing any transfer, assignment or change in control unless the transferee elects to assume liabilities for such unresolved Agreement compliance issues. Grantee, the proposed transferee and new controlling party shall provide the information requested by the Town in a timely manner. (F) The Town's consent to a sale, transfer or change in control shall not be unreasonably withheld, delayed or conditioned. (G) Notwithstanding anything to the contrary in this subsection, the prior approval of the Town shall not be required for any sale, assignment or transfer of the Agreement or Cable System to an intra- company Affiliate; provided that the proposed assignee or transferee must show financial responsibility as may be determined necessary by the Town and must agree in writing to comply with all of the provisions of the Agreement. Further, Grantee may pledge the assets of the Cable System for the purpose of financing without the consent of the Town; provided that such pledge of assets shall not impair or mitigate Grantee's responsibilities and obligations under this Agreement. SECTION 19. MISCELLANEOUS PROVISIONS 19.1 Equal Employment and Non discrimination Throughout the term of this Agreement, Grantee shall fully comply with all equal employment and non discrimination provisions and requirements of federal, State and local laws. 19.2 Notices Throughout the term of this Agreement, each party shall maintain and file with the other an address for the delivery of notices and communications by mail. All notices and communications shall be sent to such respective address(es), and such shall be effective upon the date of mailing. At the effective date of this Agreement: 33 The Grantee's address shall be: Comcast of Colorado /Florida, Inc. 8000 East Iliff Avenue Denver, CO 80231 Attn: Government Affairs With a Copy to: Comcast 281 Metcalf Road, Suite 110 Avon, CO 81620 Attn: General Manager The Town's address shall be: The Town of Snowmass Village Snowmass Town Hall 130 Kearns Road P.O. Box 5010 Snowmass Village, CO 81615 Attention: Town Attorney 19.3 Captions and Headings The captions and headings of the sections and subsections set forth herein are intended solely to facilitate the reading hereof. Such captions and headings shall not affect the meaning or interpretation of this Agreement. 19.4 Costs and Expenses to be Borne by Grantee Costs and expenses to be borne by Grantee shall include all of the Town's publication and hearing costs related to this Agreement. 19.5 Attorneys' Fees If any action or suit arises in connection with this Agreement, excluding subsequent franchise renewal proceedings, the prevailing party shall be entitled to recover all of its reasonable attorneys' fees, consultants' fees, costs and expenses in connection therewith, in addition to such other relief as the court may deem proper. 19.6 Binding Effect This Agreement shall be binding upon the parties hereto, their permitted successors and assigns. 34 19.7 Authority to Amend This Agreement may be amended at any time by written agreement between the parties. 19.8 Venue Venue for any judicial dispute between the Town and Grantee arising under or out of this Agreement shall be in the United States District Court for the District of Colorado or Pitkin County District Court in Aspen, Colorado. 19.9 No Joint Venture Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 19.10 Non Waiver The failure of the Town at any time to require performance by Grantee of any provision hereof shall in no way affect the right of the Town hereafter to enforce the same. The waiver by the Town of any breach of any provision hereof shall not be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. 19.11 Governing Law This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Colorado, the Cable Act, any applicable rules, regulations and orders of the FCC, and any other applicable local, State and federal laws (as such now exist, are later amended or subsequently adopted). 19.12 Actions of the Town or Grantee In any action by the Town or Grantee mandated or permitted under the provisions hereof, it shall act in a reasonable, expeditious and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld. 19.13 Force Majeure Notwithstanding any other provision of this Agreement, the Grantee shall not be liable for delay in the performance of, or failure to perform, in whole or in part, its obligations pursuant to this Agreement due to an event or events reasonably beyond the ability of the Grantee to anticipate and control. "Force majeure" includes, but is not limited to, acts of God, incidences of terrorism, war or riots, labor strikes or civil disturbances and work delays caused by waiting for utility providers to provide access to utility poles to which Grantee's facilities are attached. 35 19.14 Severability If any Section, subsection, paragraph or provision of this Agreement is determined to be illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no effect on the validity of any other Section, subsection, paragraph or provision of this Agreement, all of which will remain in full force and effect for the term of the Agreement. 19.15 Entire Agreement This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior oral and written negotiations between the parties. PASSED AND APPROVED THIS DAY OF 2009. THE TOWN OF SNOWMASS VILLAGE COLORADO By Title ATTEST: Town Clerk Accepted and approved this day of 2009. COMCAST OF COLORADO /FLORIDA, INC. By Title ATTEST: Secretary 36 TOWN COUNCIL COMMUNIQUE Meeting Date: January 4, 2010 Agenda Item: RESOLUTION No. 6, SERIES OF 2010 Interim Building 7 Performance Bond A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, INDICATING THAT THE IMPROVEMENTS FOR INTERIM BUILDING 7 AGREED TO BE CONSTRUCTED BY BASE VILLAGE OWNER, LLC PURSUANT TO THE DEVELOPMENT AGREEMENT DATED FEBRUARY 25, 2009 AND SECURED BY PERFORMANCE BOND NO. K08218572 PROVIDED BY WESTCHESTER FIRE INSURANCE COMPANY HAVE NOT BEEN INSTALLED OR COMPLETED Presented By: John Dresser General Info: Pursuant to the Development Agreement and Performance Bond for Interim Building 7, TOSV must indicate to the Surety that the improvements have not been installed or completed by Resolution. Council Options: Discuss Resolution No. 6 of 2010 and either adopt, amend and adopt, or deny the Resolution. Staff Recommendation: Adopt Resolution No. 6. 1 SNOWMASS VILLAGE TOWN COUNCIL 2 3 RESOLUTION NO.6 4 SERIES OF 2010 5 6 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, 7 INDICATING THAT THE IMPROVEMENTS FOR INTERIM BUILDING 7 AGREED TO 8 BE CONSTRUCTED BY BASE VILLAGE OWNER, LLC PURSUANT TO THE 9 DEVELOPMENT AGREEMENT DATED FEBRUARY 25, 2009 AND SECURED BY 10 PERFORMANCE BOND NO. K08218572 PROVIDED BY WESTCHESTER FIRE 11 INSURANCE COMPANY HAVE NOT BEEN INSTALLED OR COMPLETED 12 13 WHEREAS, the Town Council of the Town of Snowmass Village entered into a 14 Development Agreement with Base Village Owner, LLC dated February 25, 2009 to 15 construct Interim Building 7 to provide vertical circulation for pedestrians from the Base 16 Village Transit Facility to the Base Village Plaza; and 17 18 WHEREAS, the construction schedule provided in the Development Agreement 19 provided that the construction would be complete before the start of the 2009 -2010 ski 20 season; and 21 22 WHEREAS, Base Village Owner, LLC has not installed or completed any of the 23 improvements required by the Development Agreement; and 24 25 WHEREAS, the Town of Snowmass Village has notified Base Village Owner, LLC 26 of its default and further notified Base Village Owner, LLC of its failure to cure the default 27 of the Development Agreement; and 28 29 WHEREAS, the Town of Snowmass Village has notified the Surety, Westchester 30 Fire Insurance Company of the default of Base Village Owner, LLC and demand 31 performance pursuant to the Performance Bond; and 32 33 WHEREAS, the Town Council finds that the adoption of this Resolution is 34 necessary for the immediate preservation of the public health, safety and welfare. 35 36 NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of 37 Snowmass Village, Colorado: 38 39 1. That the Town of Snowmass Village hereby indicates to the Surety, 40 Westchester Fire Insurance Company, that the Principal under Performance 41 Bond No. K08218572, Base Village Owner, LLC, has not installed or completed 42 the improvements to Interim Building 7 according to the terms and plans of the 43 Development Agreement dated February 25, 2009 between the Town of l F tl Y t t RESO. No. 6 of 2010 Page 2 of 2 44 Snowmass Village and Base Village Owner, LLC that are the subject of the 45 Performance Bond. 46 47 2. That the Town of Snowmass Village hereby demands installation and 48 completion of the improvements contemplated by the Development Agreement 49 by the Surety pursuant to the Performance Bond. 50 51 52 READ, APPROVED AND ADOPTED by the Town Council of the Town of 53 Snowmass Village on the 4 day of January, 2010 upon a motion made by Council 54 Member the second of Council Member 55 and upon a vote of _in favor and opposed. 56 57 58 TOWN OF SNOWMASS VILLAGE 59 60 61 62 63 Bill Boineau, Mayor 64 65 66 67 ATTEST: 68 69 70 71 Rhonda Coxon, Town Clerk 72 73 74 75 APPROVED AS TO FORM 76 77 78 79 John C. Dresser, Jr., Town Attorney 80 81 2 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: JANUARY 4, 2010 ICLIE Local Governments for Sustainability There is currently just over $12,000 available in the REOP fund. One of the expenditures Council approved in October of 2009 from REOP was joining an organization called ICLIE, Local Governments for Sustainability. This was a recommended action from the Environmental Advisory Committee (EAC). ICLEI is an international organization of communities committed to environmental sustainability. Membership allows access to best management practices and grant opportunities. In addition, membership allows free utilization of a database to determine a community's carbon footprint. Although use of the database is free with membership, it is labor intensive to input information into the database to determine energy usage and the carbon footprint for the community. The EAC is recommending that the Town retain a short -term contract resource to determine TOSV's carbon footprint. Staff is requesting to use up to $7,000 from the REOP fund to pay for this labor. As a point of comparison, the City of Aspen created its own database and took several years and 3 staff person to determine its carbon footprint. Aspen Ski Company Summer Operation of the Gondola At the December 21, 2009 Council meeting, Steve Sewell and Victor Gerdin of the Aspen Ski Company presented a proposed operational plan for summer 2010 and beyond. The primary component of the Ski Company's summer planning was taking steps to begin a summer program at the top of the Elk Camp Gondola. This operation as presented would include: Summer operation of the Elk Camp Gondola Weekend operation of the Elk Camp Lift to the top of the ridge Summer Operation of Cafe Suzanne Summer Activities at the top of the Elk Camp Gondola, and New hiking and biking trails This presentation was well received by the Town Council. At the December 21 meeting, the Council also discussed the "Ski Resort Operator Agreement" dated November 4, 2004 (See Attached Agreement). The Council did not have a copy of the agreement at the meeting and asked to schedule an item on a future agenda to consider whether to provide written notice to the Aspen Ski Company to initiate summer operation of the Elk Camp Meadows Gondola as per Section 2.4 of that agreement. To allow the ski company to consider their request on this issue more carefully, the Aspen Ski Company requested that this item be considered on January 19,'2010. Special Council Meeting At the December 21 meeting Council agreed to have a special meeting on January 25 from 3:00 -5:00. The specific agenda for this meeting would be reviewed by Council prior to the 25 of January. Pending Strategic Actions Last Updated December 28, 2009 Staff Action Status Date to follow -up w/ Contact I I Council Land Use Comp. Plan Comprehensive Completed Comp Plan sent to the January 4, 2010 Team Plan Update professional technical editor. Final edit being completed and then sent to Winton for production. John Dresser Demolition Council asked that an ordinance be prepared To be scheduled to provide a period of time to review after anticipated demolition permits before demolition of a adoption of the building occurred. Comprehensive Plan Schedule to be Council agreed that staff should develop provided to Council language for future PUDs to identify critical on January 19 integral components of a PUD that must continue to exist over time. In addition, John Wilkinson requested that staff bring back a landmark ordinance for discussion in the future. Other Land Use Other Land Use Code Improvements should To be scheduled Code Issues also be considered with the completion of the after anticipated Comprehensive Plan. Staff would recommend adoption of the having a work session with Council to review Comprehensive Plan potential code changes. Schedule to be provided to Council on January 19 th Housing Housing Draw Site /Land On February 17 the Town Council asked that Revisit in Summer of Department Inventory a Land Inventory to identify potential housing 2010 sites be completed after the Town completes its budget process for 2010. On November 2, 2009 the Council directed staff to take no action on this topic other than to continue identifying sites that should be further investigated. Council asked that this project be revisited in the summer of 2010. Housing Housing Policy The consultant has completed a rational Department nexus study and can begin to work with the To be scheduled Town on a new housing policy. The Planning after anticipated Commission is also reviewing housing goals adoption of the as part of the Comp. Plan review. Staff will Comprehensive Plan- (f) references to any agreement (including this Agreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and, if applicable, the terms hereof. ARTICLE II SKICO OBLIGATIONS 2.1. Pulse Gondola to illall (a) IBC has proposed to construct a "pulse gondola" aerial connector on the Property which will travel between the Property and the Snowmass grillage Mau (the "Mall as part of the Project (the "Pulse Gondola By separate agreement, IBC has agreed to convey= the Pulse Gondola to the Town, or its assignee, upon completion of construction of the Pulse Gondola and SkiCo hereby agrees to operate and maintain the Pulse Gondola on behalf of the Town subject to the conditions set forth below. (b) SkiCo shall be solely responsible for all costs of operating the Pulse Gondola daily during the Ski Season from 8:30 AM to 4:00 PM, determined in the manner set forth in Section 2.1(c) below, and at such other times during the year as it may determine in its sole and absolute discretion. (c) SkiCo shall operate the Pulse Gondola at times other than those set forth in Section 2.1(b) above as requested by the Town, at the Town's sole cost and expense. The cost paid by the Town to SkiCo for the operation of the Pulse Gondola pursuant to this Section 2.1(c) shall be all actual costs incurred or accrued by the Town and SkiCo for such operation, which actual and accrued costs shall be calculated to include, without limitation, the items of cost listed on Exhibit "A" attached hereto. The Town and SkiCo shall pay their pro rata share of all actual and accrued costs due to each other within 30 days after recev ing an invoice therefor from the party incurring or accruing such costs during the period covered by said invoice. (d) SkiCo shall at all times operate the Pulse Gondola in compliance with the applicable laws, regulations, ordinances, codes and rules of all local, state and federal governmental bodies having jurisdiction. (e) The Town may assign its rights and obligations under this Section 2.1 to a general improvement district formed within the Town without the prior consent of Skico. 2.2. Burlingame Lift (a) SkiCo currently operates a ski Lift between the Mall and the lower Sam's Knob area of Snowmass Ski Area known as the Burlingame Lift (the `Burlingame Lift and shall continue to do so at least through the end of the 2010 Ski Season. Not later than Februaryr 1, 2001, SkiCo shall construct a new upper terminal near the Spider Sabich Race Arena, reconfigure the maze at the lower terminal of the lift and install improved Chairs. Through the end of the 2010 Ski Season, SkiCo shall operate the Burlingame Lift at such {00158162.DOC 6} 3 (a) The easment rights may be exercised only outside the operating season of the Ski Area. (b) The easement rights shall be subservient to the use of the subject area for skiing and snowboarding, SkiCo maintenance activities, and construction of Ski Area related improvements by SkiCo. (c) The easement shall require the Town to indemnify, defend and hold harmless SkiCo, its owners and and employees, to the fullest extent allowed by law, from and against all claims brought against SkiCo and in any way arising out of or related to the use of the easement area by the Town. (d) The easement shall require the Town to repair all damage to the easement area caused by the Town's use of the easement area and after each such use is complete, to restore the condition of the easement area to that which existed prior to such use. (e) The easement shall be permanent except in the event of a default by the Town which remains uncured after reasonable written notice thereof to the Town. ARTICLI III DEFAULT 3.1. Event of Default The failure by either party to observe or perform, in any .material respect, any material provision of this Agreement to be observed by such party shall constitute an event of default "Event of Default"). 3.2. Notice of Default Upon the occurrence of an Event of Default, the non defaulting party shall provide the defaulting party with a written notice of such default ("Notice of Default The defaulting party shall have 20 days after receipt of the Notice of Default (the "Cure Period to cure the breach specified in the Notice of Default. During the Cure Period, SkiCo and the Town shall seek diligently and in good faith to negotiate a settlement of any dispute set forth in the Notice of Default, using the services of a neutral mediator if either party so requests. The conduct of such negotiations, or the failure of such negotiations to achieve a settlement, shall not affect the other rights and remedies of the parties under this .Agreement. 3.3 Remedies Notwithstanding anything in this Agreement to the contrary, in the event an Event. of Default has not been cured by the defaulting party as of the expiration of the Cure Period, the non defaulting shall have all rights' available to it at law or in equity, specifically including the right to. injunctive relief or damages. {00158162.DOC 6} 6 If to the Town: Town of Snowmass Village P.O. Box 5010 0016 Kearns Road Snowmass Village, Colorado 81615 Attention: Town Manager Telephone: (970) 923 -3777 Facsimile: (970) 923 -6083 If to SkiCo: Aspen Skiing Company, LLC 117 AABC P.O. Box 1248 Aspen, CO 81612 Attn. David BelIack "Telephone: (970) 300 -7150 Facsimile: (970) 300 -7154 with a copy to: Intrawest /Brush Creek .Development Company, LLC P.O. Box 6565 5131 Owl Creek Road Snowmass Village, Colorado 81615 Attention: Nfike O'Connor Telephone: (970) 922 -0556 Facsimile: (970) 922 -0561 and Kevin H. Kelley, Esq. Jacobs Chase Frick Kleinkopf Kelley I�I..0 1050 17th Street, Suite 1500 Denver, CO 80265 Telephone: 303 685 -4800 Facsimile: 303 685 -4869 5.6. Recording SkiCo and the 'Down each shall have the right to record this Agreement in the records of the office of the Clerk and Recorder of Pitkin County, Colorado. 5.7. Captions and Titles All captions and titles of headings of Articles and Sections in this Agreement are for the purpose of reference and convenience and are not to be deemed to limit, modify or othenvise affect any of the provisions hereof or to be used in determining the intent or context thereof. i00158162.DOC 6, 9 rn 5" DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA TUESDAY, JANUARY 19, 2010 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS (5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: YEAR END RODEO REPORT SNOWMASS WESTERN HERTIGAGE (Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Receive report and comment --Greg Rulon Item No. 5: FACILITY AUDIT IMPLEMENTATION (Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Approve the Town's submission of a proposal to Holy Cross to use up to $220,000 of the Community enhancement Fund to implement building efficiency improvements identified by the Energy Audit SGM recently conducted. --Hunt Walker/Nick Reitter Item No. 6: CONTINUATION OF PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 18, SERIES OF 2009 (Time 60 minutes) A REZONING TO "MULTI-FAMILY" (MF), AND REVISED MINOR PRELIMINARY PLANNED UNIT DEVELOPMENT AND AMENDMENT REGARDING THE PROPOSED SNOWMASS CLUB CIRCLE DEVELOPMENT PROJECT INVOLVING A TWO- FAMILY DWELLING ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 18, Series of 2009 01 -19 -10 TC Page 2 of 3 Item No. 7: PROVIDE DIRECTION TO ASPEN SKIING COMPANY CONCERNING OPERATION OF THE GONDOLA AS PER THE SKI RESORT OPERATOR DEVELOPMENT AGREEMENT (Time: 45 Minutes) -Russ Forrest John Dresser Page (TAB Item No. 8: RESOLUTION NO. 07, SERIES OF 2010 RECOVERY EXPENSES FOR NATURAL DISASTER DAMAGE IN DEED RESTRICTED FOR SALES HOUSING (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Council will decide if any of the construction costs to repair the two homes damaged by flooding will be revocable. The homes are located in the Crossings. -Joe Coffey ...........................Page (Tab Item No. 9: _SECOND READING ORDINANCE NO. 1, SERIES OF 2010 COMPREHENSIVE PLAN AN ORDINANCE REVISING AND RESTATING CERTAIN PORTIONS OF THE COMPREHENSIVE PLAN. (Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny first reading of Ordinance No. 1, Series of 2010 Comp Plan Team (Russ Forrest, Chris Conrad, Lesley' Compagnone, David Peckler ........................Page (TAB Item No.10: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest ...........................Page (TAB Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING ..............................P (TAB Page Item No. 12: APPROVAL OF MEETING MINUTES FOR: ..............................P g AB Page (T Item No. 13: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS ...........................Page (TAB Item No. 14: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 4 hours (excluding items 1 -3 and 9 =13) ALL ITEMS AND TIMES ARE, TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. I SNOWMASS VILLAGE 2 REGULAR MEETING MINUTES 3 MONDAY, NOVEMBER 16, 2009 4 5 Mayor Bill Boineau called to order the Regular Meeting of the Snowmass Town Council 6 at 4:00 p.m. 7 8 Item No. 1: ROLL CALL 9 10 COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, Reed Lewis, John 11 Wilkinson, and Markey Butler 12 13 Arnold Mordkin arrived at 5:10 P.M. 14 15 STAFF PRESENT: Russ Forrest, Town Manager; John 16 Dresser, Town Attorney; Chris Conrad, 17 Planning Director; Jim Wahlstrom, 18 Senior Planner; David Peckler, 19 Transportation Director; Mark Kittle, 20 Chief Building Official; Hunt Walker, 21 Public Works Director; Joe Coffey, 22 Housing Manager; and Donna J. Garcia 23 Spaulding, Deputy Town Clerk 24 25 PUBLIC PRESENT: Scott Stenman, Steve Alldredge, 26 Patricia L. Smith, Cinny Wickwire, Julie 27 Ann Woods, Shawn Rios, Eric Mead, 28 David Harris, Madeleine Osberger, 29 Diana Sirko, Laura Kornasiewicz, Gilbert 30 Sanchez, Mak Keeling, and other 31 members of the public interested in 32 today's Agenda items. 33 34 Item No. 2: JOINT MEETING WITH ASPEN SCHOOL DISTRICT TO DISCUSS 35 TOWN COUNCIL RESOLUTION NO. 31 SERIES OF 2009 36 37 Mayor Boineau reported that staff received an e-mail document just prior to today's 38 Town Council meeting from The Elk Mountains Planning Group, Inc. (EMPG) regarding 39 the Aspen School District response to Council recommendations. 40 41 Representative from the EMPG Julie Ann Woods introduced herself and stated that she 42 is assisting the Aspen School District (ASD) Board with the process to approve their 43 employee housing project. 44 45 Town Council, staff and Ms. Woods proceeded to review her letter point -by -point 46 clarifying the ASD Board's position. 11- 16 -09tc Page 2 of 12 47 Council recommends obtaining a License Agreement from the Town to permit the 48 parking, or any other improvements, to extend into the Owl Creek Road right -of -way 49 prior to issuance of a Certificate of Occupancy. The issue for the ASD is the language 50 stating "prior to issuance of a Certificate of Occupancy." The Public Works Director Hunt 51 Walker reported that the existing parking improvements, landscaping and a sign need to 52 be completed before the Certificate of Occupancy should be issued, since ASD can not 53 use the property without these items being completed. 54 55 In response to an inquiry by Council Member Lewis, the Town Attorney John Dresser 56 clarified that the project is not final in design at this time because of the State approval 57 requirement; the License Agreement will probably not be issued until there is at least a 58 building permit issued by the State that the Town knows literally that the final project is 59 complete. 60 61 Council Member Reed Lewis stated his approval of issuing the License Agreement prior 62 to a Certificate of Occupancy. Council Member Butler inquired if the Town could issue 63 the Licensing Agreement contingent upon approval from the State. 64 65 After further discussion the Applicant, staff and Town Council determined that what the 66 Town needs from the ASD in order to complete the License Agreement are the parking 67 issue, the Right -of -Way, more landscaping as a buffer, movement of the sign, and 68 issuance of a plan of improvements as a part of the Licensing Agreement. 69 70 The Town Attorney clarified that there are not any conditions; this is a recommendation 71 and the State is the entity who will be issuing the Certificate of Occupancy, which is the 72 latest possible date we could have for the License Agreement. 73 74 The Mayor clarified that what the Town would like to do at this point is obtain a License 75 Agreement drafted between the ASD and the Town for review with language specifying 76 the Town's punch list the ASD needs to complete including the parking area spaces, 77 what would happen within the Right -of -Way (ROW), moving the sign configuration, and 78 addendum to the landscaping, this is something that could be submitted to Public Works 79 and the Town would not unduly withhold approval of the License Agreement as long as 80 it met the criteria specified by Town Council here today. 81 82 Item No. 3: PUBLIC NON AGENDA ITEMS 83 84 Nothing for discussion on this item. 85 86 Item No. 4: COUNCIL UPDATES 87 88 Aspen Community Theatre 89 Council Member Lewis thanked the Aspen Community for another great production and 11- 16 -09tc Page 3 of 12 90 also thanked all those who contributed their time and effort. 91 92 TOSV Acceptance of Credit Cards 93 Council Member Lewis requested that staff investigate implementing acceptance of 94 payment and acceptance of credit card from outside entities as a convenience to the 95 community for 2010. Council majority agreed and requested that the Finance Director 96 provide costs and departmental comparisons to them during a meeting in the near 97 future. 98 99 Thanksgiving Pot luck John H. Bemis 100 Council Member Butler invited the public to the Thanksgiving pot luck that begins at 101 5:30 p.m. this Sunday at the Silvertree Hotel. She further requested that this event 102 renamed for this year in honor of John Bemis, who is the person who started this event. 103 She reported that this is a request that comes from individuals involved with the Rotary 104 Club and from individuals from the Snowmass Chapel. Council consensus agreed with 105 Butler's request. 106 107 The Lovinq Tree 108 Council Member Butler reported that she will not be in attendance during the December 109 7, 2009 meeting and reported that The Loving Tree will be December 8th at 5:00 p.m. at 110 the Silvertree Hotel, this event is celebrating family memories, those who we have lost 111 in the Valley and to support hospice of the valley. 112 113 Nordic Council 114 Council Member Wilkinson reported that the Aspen /Snowmass Nordic Council has 115 groomed a couple of trails including one by the high school and one by the Aspen Golf 116 Course. He reported that one of the other things this organization is looking at is 117 extending the trail in Snowmass to connect to the Snowmass Recreation Center and 118 they have worked out a way to get the piston bully across Brush Creek Road via an 119 underpass. 120 121 Skatinq Rink at Rodeo 122 Wilkinson inquired what is happening with the skating amenity at the rodeo. In 123 response, the Town Manager Russ Forrest stated that this is a use by right and there 124 isn't a process. Forrest conveyed to Council that he believes there would be intent to 125 have some sort of night lighting for this that will need to comply with the Town's lighting 126 ordinance and he will confirm this with Tom Yocum, who is also looking into insurance 127 coverage. 128 129 Nice Snowfall for Ski Season 130 Mayor Boineau stated that we recently had: a nice snow fall this past week and he is 131' very excited for a good ski season. 132 11- 16 -09tc Page 4 of 12 133 Item No. 5: RESOLUTION NO. 22 SERIES OF 2009 CDOT 5311 RURAL 134 135 Arnold Mordkin made the motion to approve Resolution No. 22, Series of 2009, 136 Reed Lewis seconded the motion. The motion was approved by a vote of 5 in favor 137 to 0 opposed. 138 139 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 140 Markey Butler. 141 142 Voting Naye: None. 143 144 Item No. 6: RESOLUTION NO. 21 SERIES OF 2009 FEDERAL TRANSIT 145 ADMINISTRATION GRANT CERTIFICATIONS AND ASSURANCES 146 147 Reed Lewis made the motion to approve Resolution No. 21, Series of 2009, Arnold 148 Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 149 opposed. 150 151 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 152 Markey Butler. 153 154 Voting Naye: None. 155 156 Item No. 7: FIRST READING ORDINANCE NO. 20 SERIES OF 2009 157 158 Reed Lewis made the motion to approve Ordinance No. 20, Series of 2009, Arnold 159 Mordkin seconded the motion. 160 161 The Chief Building Official summarized the Building Code for changes from 2003 to 162 2009 within the ordinance and outlined those changes for Town Council's review. 163 164 Snowmass Wildcat Fire Department Chief John Mele stated that currently if you 165 build a single family home that is over 5,000 Square feet anywhere else in the Valley 166 it is required to be spinklered and for some reason Snowmass has not been included 167 in this. The new Code would take place in 2011 and require all homes to be 168 sprinklered. The rationale behind the fire sprinklers is the fact that they save lives, 169 property and fire fighter's lives. Mele explained that one threat for Snowmass 170 Village is very much to control a house fire from creating a wild fire in our area 171 from trees, wood decks, and wood shake.shingles and the Fire Department supports 172 this International Building Code. He further stated that the residential sprinkler code 173 that is coming into affect in 2011 also provides for a system referred to as P2904, 174 which is not a stand -alone sprinkler system and runs off of the domestic system of 175 the home, which brings the costs way down. 11- 16 -09tc Page 5 of 12 176 Town Council and staff determined that all other jurisdictions are going in this direction 177 and the consensus of Council was to look at the remodeling question and do it within 178 the next year and have staff report back to Council what the cost implications 179 comparatively would be. 180 181 In response to an inquiry by Council Member Mordkin, Kittle reported that by adopting 182 the conservation code he is not being less conservative, rather he is being a more 183 restrictive. The Town Attorney suggested that the language include a provision that 184 allows for Town Council to conduct a review in a year's time based upon feedback from 185 staff; Council consensus agreed to have more in -depth discussions during Second 186 Reading of Ordinance No. 20, Series of 2009. 187 188 There being no further discussion, Council requested that staff bring back new 189 information within the next six months for them to review. 190 191 Reed Lewis made a motion to approve Ordinance No. 20, Series of 2009, Arnold 192 Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 193 opposed. 194 195 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 196 Markey Butler. 197 198 Voting Naye: None. 199 200 NOTE: Council took a 10- minute break at 6:05 p.m. and reconvened at 6:15 p.m. 201 202 Item No 8: COUNTRY CLUB TOWNHOMES UPDATE ON SPECIAL 203 ASSESSMEENT AND REQUEST TO PURCHASE UNIT NO 26 204 205 There being no further discussion, Arnold Mordkin made a motion to approve as 206 amended the ordinance involved for Country Club Townhomes, unit 26, Markey 207 Butler seconded. 208 209 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 210 Markey Butler. 211 212 Voting Naye: None. 213 214 Item No. 9: CONTINUATION OF PUBLIC HEARING AND SECOND READING OF 215 ORDINANCE NO. 14 SERIES OF 2009 SNOWMASS CLUB 216 EMPLOYEE HOUSING 217 11- 16 -09tc Page 6 of 12 218 Mayor Boineau re- opened the Public Hearing for Ordinance No. 14, Series of 2009 219 concerning the Snowmass Club Employee Housing. 220 221 Senior Planner Jim Wahlstrom stated that staff has provided Council with an edited 222 version of Ordinance No. 14, Series of 2009 based upon findings from the meeting of 223 November 2nd. Wahlstrom referred Council to a majority of the changes involved 224 located on packet page 77. He stated that the Applicant has reviewed the information 225 and has submitted a few comments enclosed in today's packet of information. 226 227 At this time Council and staff began the arduous work of amending language to the 228 ordinance. 229 230 Aspen Skiing Company (ASC) Representative Don Schuster stated that they are fine 231 with the language regarding Related West Pac as an affiliate. He stated that 232 Snowmass Club LLC is controlled by ASC as a whole and specifically is held within an 233 entity as defined within Webster's Dictionary. 234 235 The Planning Director Chris Conrad stated for the Record that the references for today's 236 edits were taken from Attachment 1, edited version. 237 238 There being no comment from the Public nor any further discussion, Mayor Boineau 239 closed the Public Hearing and Arnold Mordkin made a motion to approve Ordinance No. 240 14, Series of 2009, seconded by John Wilkinson. The vote passed unanimously with 5 241 in favor and 0 opposed. 242 243 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill 244 Boineau. 245 246 Voting Naye: None. 247 248 Item No. 10: FIRST READING ORDINANCE NO. 21 SEREIS OF 2009 249 250 Markey Butler made a motion to approve Ordinance No. 21, Series of 2009 Extending 251 the temporary moratorium on the acceptance of any new land use application, 252 seconded by Reed Lewis. 253 254 Council Member Lewis inquired of when we are going to have the tool box for which we 255 keep waiting six months at a time? The Town Manager Russ Forrest stated that First 256 Reading would, be presented to Council during the last meeting of December2009, with 257 Second Reading in January 2010. Forrest stated that the next part of this is the housing 258 mitigation language, as well as taking a look at the language within the Land Use Code. 259 11- 16 -09tc Page 7 of 12 260 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 261 Markey Butler. 262 263 Voting Naye: None. 264 265 Item No. 11: MANAGER'S REPORT 266 267 Representatives from JAS Marc Breslin and Joe Lang provided Council with an update 268 to Town Council regarding discussions JAS had following their Board meeting that 269 occurred on November 6, 7, and 8th. 270 271 Lang reported that they have entered their 20th anniversary season as a non profit 272 organization and appreciate working with Snowmass Village partnerships including the 273 Police, Public Works, Marketing Tourism, Wildcat Fire, and Transportation 274 Departments for 15 years. 275 276 After further discussions, Lang stated that his Board directive was to request from the 277 Town a sponsorship in the amount of $250,000 to keep the event 'in Snowmass Village 278 for 2010 and if this level is not attainable for the Town JAS does need to explore other 279 alternatives. He explained that JAS does not have the luxury of an endowment, which 280 means that they do not have any sort of cushion to fall back from year -to -year. Labor 281 Day festival is their only event opportunity to capture a larger net of people to attend a 282 festival event of this size and they did lose their title sponsorship, Element Investments 283 during the 2008 season, which a half million dollar sponsorship this was a significant hit 284 to their organization. 285 286 The Town Manager Russ Forrest clarified that JAS is first requesting to seek an 287 alternative venue that would give them more numbers and they are asking the Town's 288 blessing for that; secondly, JAS is requesting an increase in sponsorship contribution 289 from the Marketing Department. In response, Lang stated that he would flip -flop the 290 priorities to include firstly the $250,000 sponsorship request in order for JAS to stay in 291 Snowmass Village. 292 293 In response to an inquiry by the Town Council Lang clarified their Board directive is to 294 request $250,000 from the Town for 2010 to remain in Snowmass and if that level can 295 not be met then they are to pursue other alternatives. 296 The Town Council, staff and the Applicants discussed relative ways of ticketing the 297 venue. The Marketing Director Susan Hamley stated that the Marketing Department 298 does package promotions but as a rule Marketing does not sell tickets. 299 300 Hamley stated that the Marketing Department does not have the ability to tell JAS what 301 to do, as they "are a business so if they decide to move with the reason being to obtain 302 "A" talent then she would want to reduce marketing sponsorship by a significant 11- 16 -09tc Page 8 of 12 303 amount, get everything they have in the past from ads to all the promotions to the 304 tickets and base it upon performance guaranteed numbers and see how it goes for a 305 year. 306 307 After further discussion, Council consensus requested staff to explore ways to come up 308 with creative ways that offer more affordable lodging and packaging of tickets at the 309 tune of $100,000, look at the implications of moving to Buttermilk and thirdly what would 310 happen if Snowmass did nothing. 311 312 NOTE: At 8:20 p.m. Town Council took a 5- minute break and reconvened at 313 8:25 p.m. 314 315 NOTE: Town Council continued discussions Item No. 11 listing 316 within the Manager's Report. 317 318 Related West Pac /Viceroy Update 319 The Town Manager Russ Forrest reported that staff is actively conducting inspections of 320 both Sinclair and the Viceroy. In addition, Related is working on the payment of bills and 321 the Town is reconciling bills between the Town and Related West Pac. Forrest reported 322 that staff conducted a lottery for both Sinclair Meadows and Capital Peaks. Capital 323 Peaks has two owners, who are already in their homes and Sinclair Meadows received 324 their TCO this past week. Forrest provided Council with further details concerning 325 Sinclair Meadows and the Viceroy. 326 327 Forrest reported the Related has paid a number of significant bills including the garage 328 occupancy fee, Viceroy occupancy fee, variety of miscellaneous fees, Planning and 329 Public Works fees, attorney's fees, and the Town owes them approximately 330 $1,245,894.00 excluding billings that have not yet been sent out for the Planning 331 Department, attorney fees and the $130,000 for the Snowmass Center access road. 332 Related owes the Town $985,942.00 with a net difference of $259,000.00 with an 333 outstanding bill $176,848.00 stemming from various engineering related bills. Forrest 334 reported that the Town has various financial securities including a Letter of Credit, 335 Performance Bond and $2Million for Building 7 and $1.2Million on Sinclair. He reported 336 that the Town anticipates a TCO request from Related and that he is not proposing that 337 the Town withhold a TCO at this time. 338 339 Counsel Representative for Related West Pac Scott Stenman stated that it is incumbent 340 upon him to dispute the amount owed within the next four months or sooner. 341 342 After further discussion, Council consensus was in favor of opening the Viceroy 343 Hotel as soon as possible. 344 11- 16 -09tc Page 9 of 12 345 Tree Protection 346 The Town Manager Russ Forrest provided Council with background based upon 347 Council's request that staff research options for improving the protection of trees in 348 Snowmass Village. Forrest stated that concern was expressed over the incident in 349 Glenwood Springs where a property owner removed a number of large trees in a 350 mobile home complex that should have been protected. He referred Council to the 351 three options outlined within today's packet of information. 352 353 After further discussion, Council directed staff to implement a tree policy that requires 354 anyone to come before Council before they cut down beautiful trees. Council Member 355 Butler stated that she could approve Option No. 2, with an exemption of activities and 356 requested that staff report back to Council how this could work. Forrest reported that the 357 local Homeowner's Association does manage such matters to some extent and inquired 358 of Council whether they desire that staff go beyond that and deal with issues 359 administratively. There being no further discussion, Council majority (Wilkinson, Lewis 360 and Mayor Boineau) approved Option No. 3. 361 362 Grant Request History 363 Forrest inquired of Council whether they desire grant procedures be changed. 364 365 Council Member Wilkinson emphasized as a town we are passing out tax payer dollars 366 to non profit organizations that exist to provide services that we as a town cannot 367 provide. He is concerned that the Town is not given raises to staff, has eliminated eight 368 Town positions and now is passing out money to these organizations. 369 370 Council Member Wilkinson disclosed that his wife serves on the town's Citizen's Grant 371 Review Board. 372 373 After further discussion, Council consensus agreed to not change the town's grant 374 program philosophy. 375 376 Thanksgiving Schedule 377 Forrest reported that Town Hall is planning to be closed for part of the day November 378 24th and all day on November 25th; the Police, Transportation, Road and Solid Waste 379 services will be operating on these two days. 380 381 Item No. 12: AGENDA FOR NEXT TOWN COUNCIL MEETING 382 383 Council and staff discussed the Agenda for December 7, 2009 and determined that they 384 would leave on the Agenda discussions regarding Disaster Damage in deed restricted 385 for sales housing; Council requested that staff look into this more. 386 11- 16 -09tc Page 10 of 12 387 Council Member Butler reported that she would not be available for the December 7th 388 meeting. 389 390 Item No. 13: APPROVAL OF MEETING MINUTES FOR APRIL 27 2009 391 392 John Wilkinson made the motion to approve the meeting minutes for April 27, 2009, 393 Reed Lewis seconded the motion. The motion was approved by a vote of 5 in favor 394 to 0 opposed. 395 396 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 397 Markey Butler. 398 399 Voting Naye: None. 400 401 Item No. 14: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS 402 403 The Town Attorney John Dresser reported that there is a possibility of a special meeting 404 on December 7th to approve the Mill Levy if the valuation is ready. Forrest explained if it 405 is ready the Town would then go back to the road fund and ask for funding. 406 407 Snowmobile Storage Lot 408 In response to an inquiry by Council Member Butler, Forrest stated that now that the 409 landscaping is completed a letter is going out to the individual who was doing the 410 landscaping working out of this lot for Rodeo Place concerning moving equipment from 411 that location. 412 413 RFTA Raisinq Fare Fees 414 Council Member Butler inquired of her colleagues whether what she is hearing is true, 415 that RFTA will be raising the fare fees and if they have cut their overhead? Council 416 Member Wilkinson reported that bus fares represent 25% of income required to run 417 RFTA and the other 75% comes from taxes and service contracts. Wilkinson stated that 418 they have cut overhead significantly and are experiencing an overall decrease in 419 revenue of 20% and have had some reduction in costs relating to fuel and health 420 insurance. He stated that RFTA has given an offer to Garfield County regarding whether 421 they would like to run the Hog Back. He stated even though we are asking for $150,000 422 to run the Hog Back, which is approximately six buses running down to Rifle and Silt, 423 this is just a portion of the costs involved; the Upper Valley communities are still 424 subsidizing including Glenwood Spring, Snowmass Village and Pitkin County as the 425 largest subsidizers of the transit system. 426 427 Wi -Fi in Snowmass 428 Council Member Lewis requested that staff investigate the opportunity of Wi -Fi 429 coming to this community. Lewis disclosed that he live next door to Mitchell 11- 16 -09tc Page 11 of 12 430 Company the company working on Wi -Fi. He stated further that there is a lot of 431 federal money to pay for most of this. 432 433 Forrest reported that he had a conversation with Matt concerning fiber optics and the 434 Town has not missed the opportunity for federal funding and yes, staff would like to 435 pursue finding out more details pertaining to Wi -Fi installation for the community and 436 Mitchell Company is putting together a proposal to report back to Council with 437 findings. 438 439 Council Member Lewis Reed requested that he and his Council colleagues be 440 contacted if negotiations get to stumbling point and let Council know what "We as a 441 town need to do to get on the band wagon." 442 443 Forrest stated that this would be an asset to offer the guests and would safe the 444 Town significant money in terms of our remote facilities. Lastly, he stated that staff 445 will continue to pursue this matter and report back to Council with findings. 446 447 Reimburse Owners Employee Housing 448 Council Member Wilkinson inquired of what is happening with the presentation 449 regarding the proposal to reimburse owners within the employee housing for a 450 storage unit. In response, Forrest reported that they rejected the proposal and staff 451 has not heard anything more. 452 453 John Bemis 454 Mayor Boineau reported that this Sunday night is the Community John Bemis 455 Thanks Giving potluck and invited the community to attend and also bring a plate for 456 eight. 457 458 NOTE: At 9:30 p.m. John Wilkinson made the motion to convene into Executive 459 Session, Reed Lewis seconded the motion. The motion was approved by 460 a vote of 5 in favor to 0 opposed. 461 462 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 463 Markey Butler. 464 465 Voting Naye: None. 466 467 Mayor Boineau stated that the Town Council will now meet in Executive Session 468 pursuant to C.R.S. 24- 6- 402(4) and Snowmass Village Municipal Code Section 2- 45(c), 469 to. specifically discuss two items: 470 471 a)' Determining positions 'relative to matters that may be subject to negotiations, 472 developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24-6 r 11- 16 -09tc Page 12 of 12 473 402(4)(e) and Snowmass Village Municipal Code Section 2- 45(c)(5); and 474 475 b) Conferences with an attorney for the purposes of receiving legal advice on specific 476 legal questions pursuant to C.R.S. 24- 6- 402(4)(c) and Snowmass Village Municipal 477 Code Section 2- 45(c)(2); 478 479 Provided, there is an affirmative vote of two thirds of the quorum present at this meeting 480 to hold an Executive Session and for the sole purpose of considering items (a) and (b) 481 above. Provided further, that no adoption of any proposed policy, position, resolution, 482 regulation, or formal action shall occur at this Executive Session. 483 484 NOTE: At 9:36 p.m. John Wilkinson made the motion to reconvene the Regular 485 Town Council meeting. Reed Lewis seconded the motion. The motion was 486 approved by a vote of 5 in favor to 0 opposed. 487 488 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 489 Markey Butler. 490 491 Voting Naye: None. 492 493 Item No. 15: ADJOURNMENT 494 495 John Wilkinson made the motion to adjourn the Regular meeting of November 16, 2009, 496 Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor 497 to 0 opposed. The meeting adjourned at 9:37 p.m. 498 499 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. 500 501 Voting Naye: None. 502 503 Respectfully Submitted By: 504 505 506 Donna J. Garcia Spaulding, CMC 507 Deputy Town Clerk s Sun Mon Tue Wed Thu Fri Sat 1 2 TOWN HALL CLOSED DUE TO NEW YEARS DAY HOLIDAY! 3 4 5 6 7 8 9 Town Council Meeting 4:00 p.m. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Town Martin Luther Council King Jr. Day Meeting 4:00 p.m. 24 25 26 27 28 29 30 31 EM -1E Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 Town Groundhog Day Council Meeting 4:00 p.m. 7 8 9 10 11 12 13 Lincoln's Birthday 14 15 16 17 18 19 20 Valentine's Day President's Day T own Ash Wednesday Council Town Offices Meeting Closed 4:00 p.m. 21 22 23 24 25 26 27 Washington's Birthday 28 I i ATTACHMENT FOR ITEM NO. 9 First Reading of Ordinance No. 1, Series of 2010 Comprehensive Plan January 4t 2010 TOWN COUNCIL MEETING TO: Snowmass Village Town Council CC: Russell Forest, Snowmass Village Town Manager Chris Conrad, Snowmass Village Planning Director FROM: Ellen Sassano, Long Range Planner, Pitkin County DATE: December 29, 2009 RE: Comments Regarding Draft TOSV Comprehensive Plan Referral /Comment Timeframe Pitkin County appreciates the opportunity to comment on the Snowmass Village Comprehensive Plan. Unfortunately, we did not receive any notification that the Town of Snowmass Village's draft Comprehensive Plan was complete, or available for review and comment. In response to our recent inquiry regarding timeframe for comments, we were informed that the general public comment period had ended on December 14, 2009, weeks prior to our inquiry. Given the circumstances, we respectfully request that the following comments be included in the Town Council's packet for the January 4, 2010 review of first reading for adoption of the draft Plan. While the following Staff generated comments have not been specifically endorsed by the BOCC, (as there is no opportunity for BOCC review prior to the Town's first reading,) they do reflect general Pitkin County policy direction, and discussion generated at the last joint meeting of the BOCC and Town Council. Based on a phone conversation with Russell Forest, we understand that there will be an opportunity to submit formal comments from the Board of County Commissioners prior to second reading for adoption of the Plan. During the interim between 1 St 2 nd reading, Pitkin County Staff is also amenable to meeting with Snowmass Village Staff, as suggested by the Town Manager, to discuss issues of concern. Comments Intergovernmental Agreement Objectives and Policies within the Built Environment, Workforce Housing and Transportation chapters of the Plan allude to a need for local and regional cooperation and collaboration to achieve desired end goals with respect to preserving rural character in defined influence areas, providing housing, and providing needed transit and parking solutions, (all outside of Town boundaries.) The following statement in the Plan suggests the need to establish an Intergovernmental Agreement (IGA) between the Town of Snowmass Village and Pitkin County. Such an agreement could provide the framework and standards for addressing cross jurisdictional issues, and specific concerns of both the City and the County. The following statement is included within the Built Environment chapter, under the heading of, Annexation Policy: "Existing and future land use in the influence area could have significant impacts on Snowmass Village. Governing jurisdictions should evaluate land use decisions and mitigate their impacts in away that is consistent with this plan. The goal is to establish a cooperative process for review of future land uses in the Influence Areas. To implement this, and other related direction in the Plan, we recommend that an Action and Implementation item be added to Chapter 10, providing direction to the Planning Department to work with Pitkin County within the next year to develop an Intergovernmental Agreement for consideration by respective elected officials. The following identified Comprehensive Plan issues could be addressed within the IGA: Land Use Referral Standards Procedures Annexation Policies Preservation of Rural Character, Scenic Natural Resources within Influence Areas Parking Transit at the Highway 82 /Brush Creek Intercept Lot Affordable Housing Collaboration Preservation of Stream Water Quality Quantity Assessment of and Mitigation for Development Related Traffic Impacts on Brush Creek Owl Creek Roads Intercept Lot In Chapter 10, Actions and Implementation, item number "9," under the sub heading of Transportation states the following: "Develop comprehensive subarea plans for the rodeo grounds and for the Highway 82 intercept lot that address parking, information, bus transfer, employee housing, baggage transfer, bus types, etc. The intercept lot at Brush Creek Road and Highway 82 is included as part of Pitkin County's "Brush Creek" Area Master Plan, adopted in 2003, and identified as a "Public" use on the Future Land Use Map. Given the importance of this inter -modal transit location, it may well be appropriate to update the Brush Creek Master Plan as a collaborative effort between RFTA, CDOT, TOSV and Pitkin County, to address current and foreseeable needs. However, Pitkin County has historically considered this location to be more rural than urban in nature, and not an appropriate location for employee housing or commercial development. 2