Loading...
02-22-10 Town Council Packets �!v SNOWMASS VILLAGE TOWN CO NCIL REGULAR MEETING AGENDA FEBRUARY 22, 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. 9, SERIES OF 2010 APPRECIATION FOR LINDA GERDENICH (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 9, Series of 2010 Rhonda Coxon ...........................Page 1 (TAB A) Item No. 5: RESOLUTION NO. 10, SERIES OF 2010 APPRECIATION FOR MOLLY DONNELLY (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 10, Series of 2010 Rhonda Coxon ...........................Page 3 (TAB B Item No. 6: RESOLUTION NO. 11, SEREIS OF 2010 FINANCIAL ADVISORY BOARD APPOINTMENT (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 11, Series of 2010 Rhonda Coxon ...........................Page 5 (TAB C Item No. 7: FIRST READING ORDINANCE NO. 4 SEREIS OF 2010 NAME CHANGE FOR ARTS ADVISORY BOARD (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Ordinance No. 4, Series of 2010. Rhonda B. Coxon ...........................Pagel 0 (TAB D 02-22-10 TC Page 3 of 3 Item No. 14: FIRST READING ORDINANCE NO. 6, SERIES OF 2010- EXTENTION OF THE EXCISE TAX (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Receive information and provide recommendation to renew excise tax. --John Dresser ...........................Page 75 (TAB K Item No. 15: MANAGER'S REPORT (Time: 10 minutes) --Russell Forrest ...........................Page 80 (TAB L Item No. 16: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 88 (TAB M Item No. 17: APPROVAL OF MEETING MINUTES FOR: AUGUST 17, 2009 OCTOBER 19, 2009 OCTOBER 26, 2009 NOVEMBER 2, 2009 DECEMBER 21, 2009 Page 90 (TAB N Item No. 18: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 131 (TAB 0 Item No. 19: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 4 hours 25 minutes (excluding items 1-3 and 10 —12) 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. IF THE MEETING ENDS BEFORE 9:00 P.M. THE TOWN COUNCIL MAY HAVE A SOCIAL AT THE MOUNTAIN DRAGON. PLEASE FEEL FREE TO JOIN THE COUNCIL. MEMORANDUM TO: Snowmass Village Town Council FROM: Barbara Peckler, Arts Advisory Board Liaison DATE: February 22nd, 2010 SUBJECT: RESOLUTION NO. 9 EXPRESSING APPRECIATION TO LINDA GERDENICH FOR HER SERVICE AS A MEMBER OF THE ARTS ADVISORY BOARD. I. PURPOSE AND ACTION REQUESTED OF COUNCIL A. Recognition for a retiring member of the Arts Advisory Board. II. DISCUSSION Linda Gerdencich's term has expired and at this time will not be renewing her appointment to the board. She has been a great asset to the board and will continue to assist with the subcommittees. III. STAFF RECOMMENDATION The Arts Advisory Board recommends that the Council give final approval for the recognition of Linda Gerdenich. SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 09, SERIES OF 2010 A RESOLUTION EXPRESSING APPRECIATION TO LINDA GERDENICH FOR HER SERVICE AS A MEMBER OF THE ARTS ADVISORY BOARD. WHEREAS, Linda Gerdenich was appointed by the Town Council of Snowmass Village to serve as a Member of the Arts Advisory Board on July 24, 2005 and continued serving through December 31, 2009; and WHEREAS, Gerdenich's hard work and excellent attendance record have been an asset to the Arts Advisory Board; and WHEREAS, the Town Council appreciates Gerdenich's dedication as a Member of the Arts Advisory Board; and WHEREAS, Ms. Gerdenich's dedication, leadership, and contributions to this Town Board will be missed. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, the Snowmass Village Art's Advisory Board, and the entire Town Staff hereby express their sincere gratitude and appreciation to Linda Gerdenich for her contribution to promoting a strong community and enhancing the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 22nd day of February 2010 upon a motion made by seconded by Council Member and upon a vote of in favor and 0 opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: Rhonda Coxon Town Clerk MEMORANDUM TO: Snowmass Village Town Council FROM: Barbara Peckler, Arts Advisory Board Liaison DATE: February 22nd, 2010 SUBJECT: RESOLUTION NO. 10 EXPRESSING APPRECIATION TO MOLLY DONNELLY FOR HER SERVICE AS A MEMBER OF THE ARTS ADVISORY BOARD. I. PURPOSE AND ACTION REQUESTED OF COUNCIL A. Recognition for a retiring member of the Arts Advisory Board. 11. DISCUSSION Molly Donnelly's term has expired and at this time will not be renewing her appointment to the board. She has been a great asset to the board and will continue to assist with the subcommittees. 111. STAFF RECOMMENDATION The Arts Advisory Board recommends that the Council give final approval for the recognition of Molly Donnelly SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 10, SERIES OF 2010 A RESOLUTION EXPRESSING APPRECIATION TO MOLLY DONNELLY FOR HER SERVICE AS A MEMBER OF THE ARTS ADVISORY BOARD. WHEREAS, Molly Donnelly was appointed by the Town Council of Snowmass Village to serve as a Member of the Arts Advisory Board on January 01, 2008 and continued serving through December 31, 2009; and WHEREAS, Donnelly's hard work and excellent attendance record have been an asset to the Arts Advisory Board; and WHEREAS, the Town Council appreciates Donnelly's dedication as a Member of the Arts Advisory Board; and WHEREAS, Mrs. Donnelly's dedication, leadership, and contributions to this Town Board will be missed. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, the Snowmass Village Art's Advisory Board, and the entire Town Staff hereby express their sincere gratitude and appreciation to Molly Donnelly for her contribution to promoting a strong community and enhancing the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 22nd day of February 2010 upon a motion made by seconded by Council Member and upon a vote of in favor and 0 opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: Rhonda Coxon Town Clerk MEMORANDUM TO: Snowmass Village Town Council FROM: Rhonda B. Coxon, Town Clerk DATE: February 22, 2010 SUBJECT: RESOLUTION NO. 11, SERIES OF 2010 A RESOLUTION APPOINTING A MEMBER TO FILL A VACANCY ON THE FINANCIAL BOARD I. PURPOSE, ATTACHMENTS AND ACTIONS REQUESTED OF COUNCIL: A Resolution appointing a member to fill a vacancy on the Financial Advisory Board. II. ATTACHMENTS: a. Resolution No. 11, Series of 2010 III. ACTION REQUESTED: Interview and appoint new member to the Financial Advisory Board. There are two citizens applying, the Town Council is requested to select one applicant to fill the only vacancy for the Financial Advisory Board. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 11 SERIES OF 2010 A RESOLUTION APPOINTING A MEMBER TO FILL A VACANCY ON THE FINANCIAL ADVISORY BOARD. 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 citizen's have submitted an application expressing a desire to be appointed: John Borthwick Howard Gross NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: That the following citizen is hereby appointed to serve as follows: Section One: Appointments and Terms 1, three year term INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado, on the 16 day of February 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, CMC Town Clerk APPROVED AS TO FORM: 09 -03 Page 2 of 2 JOHN C.DRESSER, JR., Town Attorney TOWN OF SNOWMASS VILLAGE Application for Board /Commission Position Board of Appeals and Examiners Liquor Licensing Authority xx Financial Advisory Planning Commission Citizens Grant Review Arts Advisory Marketing, Group Sales Special Events 2 Homeowners Name: Home Phone: John Borthwick 970.922.0243 Email: john@borthwickgroup.com Physical Home Permanent Residence Address: 41 Colt Circle City: Snowmass Village, CO 81615 ST. ZIP: Yes X No Mailing Address: PO Box 6260 If No, place of Permanent Residence: Snowmass Village, CO 81615 Business Mailing Address: (same) Office Phone: Email address: 970.279.1717 Employed With: Positior Borthwick Group LLC Managing Partner Are you Registered to Vote in Snowmass Village: Yes X or No List the Experience or Education which may qualify you for this position: 5 year full time resident of SV, semi retired from a long career in the high tech industry. MBA from Univ of Michigan. While my career was not in corporate finance, I am comfortable with most aspects of finance and feel I could function effectively in an analysis and advisory board position. Why do you wish to be appointed to this position Full time resident with a vested interest in the health and welfare of the SV community. A 4th year skico ambassador at Snowmass, I am very familiar with the issues and challenges facing SV both near and long term, 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 \clerktoards \app.b &c 0 TOWN OF SNOWMASS VILLAGE Application for Board /Commission Position Board of Appeals and Examiners Liquor Licensing Authority >01 Financial Advisory Planning Commission Citizens Grant Review Arts Advisory Marketing, Group Sales Special Events Part Time Residents Advisory Board Name: Home Phone: I go .3 Email: �t 11 R G,A0 P— Co w,c, A9 Physical Home Permanent Residence Address: t t 'Py F7A (?,r-\ uJ t 9D, cit S#3 PS i �f I sT. ZIP: Yes, No El X1 I Mailing Address: If No, place of Permanent Residence: P. c). 3t, �s9 So Apf >,f Business Mailing Address: Office Phone: Email address: Employed With: Position: Are you Registered to Vote in Snowmass Village: Yes or No List the Experience or Education which may qualify you for this position: A�`r�12Eb Coo aF A PJ a ��L�y o t .b 'J J*)JW CIt Why do you wish to be appointed to this position �.r, �.,�1 a ,mss �,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 duties. A-&,c�Y 1 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 MEMORANDUM TO: Snowmass Village Town Council FROM: Barbara Peckler, Arts Advisory Board Liaison DATE: February 22nd, 2010 SUBJECT: ORDINANCE NO. 4,SERIES OF 2010 —BOARD NAME CHANGE AN ORDINANCE AMENDING AND RESTATING PROVISIONS OF ARTICLE XV OF CHAPTER 2 OF THE SNOWMASS VILLAGE MUNICIPAL CODE TO CHANGE THE NAME AND QUALIFICATIONS OF THE ARTS ADVISORY BOARD I. PURPOSE AND ACTION REQUESTED OF COUNCIL A. To change the name of the committee from Arts Advisory Board to Snowmass Village Arts Advisory Board (SAAB) II. DISCUSSION The Arts Advisory Board believes that by changing the name to Snowmass Village Arts Advisory Board it helps eliminate any confusion with the other Arts boards in the area. This also allows the Board to create a logo of SAAB to be used on all letterhead and any other promotions that,the board does. See attached logo. Under Sec. 2 -174 Responsibilities, the following changes were made: Item No. 5. Holding annual forums changed to read holding a forum a minimum of every four (4) years for all cultural arts organizations Item No. 8 deletion of organizations that no longer exist, Aspen Snowmass Council for the Arts and Snowmass Village Resort Association III. STAFF RECOMMENDATION The Arts Advisory Board recommends that the Council give final approval for the name change TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 4 SERIES OF 2010 AN ORDINANCE AMENDING AND RESTATING PROVISIONS OF ARTICLE XV OF CHAPTER 2 OF THE SNOWMASS VILLAGE MUNICIPAL CODE TO CHANGE THE NAME AND QUALIFICATIONS OF THE ARTS ADVISORY BOARD WHEREAS, the Arts Advisory Board has recommended to the Town Council that certain provisions of the Snowmass Village Municipal Code be amended; and WHEREAS, the Town Council desires to change the name and qualifications as established in Article VII of Chapter 2 of the Snowmass Village Municipal Code for the Arts Advisory Board; and WHEREAS, the Town Council desires to establish a new name and qualification by restating Article VII of Chapter 2 of the Snowmass Village Municipal Code; and WHEREAS, the Town Council desires to amend and restate the provisions of the Snowmass Village Municipal Code as hereinafter setforth; and WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate 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. Chapter 2, Article VII, Section 2 -171 through Section 2 -174 shall be amended to read as follows: ARTICLE VII Snowmass Village Arts Advisory Board (SAAB) Sec. 2 -171. Establishment of Snowmass Village Arts Advisory Board (SAAB) A permanent Snowmass Village Arts Advisory Board (SAAB), specifically designated as "advisory, is hereby created. (Ord. 11- 19911; Ord. 9 -1931) Sec. 2 -172. Qualifications a) All members of the Snowmass Village Arts Advisory Board (SAAB) shall have some experience in arts, cultural, educational or community organizations. (Ord. 11- 19912) Sec. 2 -173. Composition, appointment,terms. 10 -04 Ordinance Page 2 of 3 The Snowmass Village Arts Advisory Board (SAAB) shall consist of not less than five(S) nor more than fifteen (15) members, who shall serve overlapping terms of two (2) years each. The term of each member shall be designated in the Resolution of Appointment by the Town Council. (Ord. 11- 19914; Ord. 9 -1993 3; Ord. 23 -2000) Sec. 2 -174. Responsibilities The Snowmass Village Arts Advisory Board (SAAB) shall have the following responsibilities; (1) Provide direction and leadership for future cultural arts initiatives, as they impact the Town's funding. (2) Act as a cultural arts advocate and consultant to the Town Council by promoting awareness and education concerning the cultural arts. (3) Provide a resource of information and expertise on cultural arts issues. (4) Function as the primary cultural arts liaison between the Town Council and the community. (5) Process, review and make recommendations to the Town Council on arts- related and cultural related issues, propositions and funding proposals by: a. Holding a forum a minimum of every four (4) years for all cultural arts organizations (6) Review and evaluate progress of the Snowmass Village Arts Advisory Board (SAAB) strategic Planning Document (7) Present annual reports to the Town Council outlining the condition of the cultural arts serving the Town and goals for future development. (8) To work in cooperation with other organizations which purports to represent and develop special cultural events within the Town To render such other recommendations or advice as the Town Council may request (Ord. 11-19015; Ord. 9 -1993 4; Ord. 23 -2000) 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. INTRODUCED, READ, AND APPROVED on First Reading by the Town Council of the Town of Snowmass Village, Colorado on this 22 t day of February, 2010, upon a motion made by Council Member and the second by Council Member upon a vote of in favor and opposed. READ, APPROVED AND ADOPTED on Second Reading by the Town Council of the Town of Snowmass Village, Colorado on this 1st day of March, 2010, upon a motion made by Council Member and the second by Council Member upon a vote of in favor and opposed. 10 -04 Ordinance Page 3 of 3 TOWN OF SNOWMASS VILLAGE ATTEST: Bill Boineau, Mayor Rhonda Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney MEMORANDUM TO: Snowmass Village Town Council FROM: Joe Coffey DATE: February 22, 2010 SUBJECT: Country Club Townhome 5 th Assessment Renovation Budget Discussion I. Purpose and Actions Requested of Council: Discussion and request from the deed restricted homeowners to use the remaining balance of the approved Country Club Townhomes renovation budget funds for a fifth special assessment due to increased renovation expenses. II. Background The Country Club Townhome Association Board recently mailed the homeowners a statement for the fifth and final assessment to cover the increased renovation expenses. This fifth assessment was discussed with Council in November 2009 and Council requested staff to bring this item back when the final payment was delivered to the homeowners. The fifth assessment equals a 12.51 increase in the renovation expense for each unit. The total expense for the fifth assessment is $122,328 for all 11 units. A 12.51 renovation assessment for the deed restricted units equals an additional homeowner expense of $9,870 to $12,132 depending upon the size of the townhome. The Town has budgeted $1,048,147.00 for the renovation expense and to date we have expended $916,007.895 leaving a balance of $132,139.15. Council will need to discuss the fifth assessment to determine if the homeowners will receive a subsidy from the Town and be allowed to recover a portion of the additional renovation costs. The Town has subsidized 75% of the renovation expenses to date and allowed the homeowner's 25% expense to be added to the resale price of their unit. Attached to this memo is a request from the Country Club Deed Restricted Homeowners for consideration of an additional subsidy to fund the fifth assessment. Please note the Town of Snowmass Village now owns three units and the fifth assessment for these units is included in the numbers below. Remaining Contingency $132,139.15 75% Subsidy for 5 th Assessment 75,244.50 CCTH #25 Town owned (100 12,132.00 CCTH #26 Town owned (100 9,870.00 Remaining Fund Balance after 75% subsidy $34,892.65 III. Options: Deny the funding request for the fifth assessment. Continue to subsidize 75% of the fifth assessment and allow the homeowner to add 25% of this assessment onto the resale price of the unit. Determine a different subsidy amount for the fifth assessment. IV. Staff Recommendations: Continue to use the Excise Tax fund to subsidize 75% of the fifth renovation assessment and the homeowners will pay 25 The 25% percent paid by the owner will then be added to the unit at resale. V. Attachments: CCTH Homeowners letter requesting use of remaining contingency funds for fifth assessment. CCTH Renovations Budget Final Assessment letter from County Club Townhomes Corp. CCTH 5 th Assessment Renovation Project Summary Country Club Townhome Deed Restricted Homeowners February 12, 2010 Town of Snowmass Village: The Country Club Townhome Deed Restricted Homeowners would like to formally request the Snowmass Village Town Council and the Town of Snowmass Village to utilize the funds available, as authorized per Resolution #25 Series of 2007, to pay the final CCTH renovation assessment. The final assessment amount of 12.51 represents less than half of the final contingency that was included in the resolution. The final billing has been processed and is due 3/1/2010. Sincerely, CCTH Deed Restricted Homeowners [Click here and type slogan] CD o �I 0 c o C) —1 (a `e 0 p z 0 c CO) ;u C7 cr n W! D 0) O cm PI) to 0)1J tJ IJA3 W n C. O N 1 (D N tD 00 1 N to 00 0) (0 y m' D N m o, CD 1 r o rt 3 3 7 n 3 o to W es N m rr -1 cn O CL N 3 m co f N to lu M M �mo�< o •in cn to mN ID »y mZ N 0 N 0 0 O A O Cn N 40 0 V) 69 V) 69 VI 69 69 69 69 69 V) V) Vi V) 69 Q. 40 cn C. o ro N V -4 (D coo co Co (o to c0 0 00 V V V V V d N V O) o W o T Q) O) W A (b (b Oo do do V A .O. v c0 co W co (o (D co A A W W W Oo OD W CO (D V N V V V V V 0) N (o 0 (D (D (D C O V N N V V V V A O O O O O O a W O O o O 0 0 0 0 0 O 00000 N O V O O O O 0 0 0 0 0 O 0 0 0 0 0 ty rn OD rnrnrnrnrn wwwww' O W W co co W co (P N N K) n �f O Con oo00 0)0)0)0)0) O N 0 T N N -1 E» 69 69 V) V) EA 69 69 69 69 69 Vi V) V) V) i 3" c G1 t7 W n n O p Z y y (G 0 W m CL C7 O m w C C 3 N fp m m M' 3 3 t j N CA cn (D 0 0) V V V V V U7 U7 Cn Cn (n V W O A NNNNP (n OOOCO CD O) CD fJ7 (D Q) V V V V V CO co s co V V W W W W A W rnrnCnrnrn Cl) N W V O) O NNNN W V V V V V-l0 D Cn O (n O V V -1 V O (T (n Ul (n cn O, M O O O O Cn (JI (n Cn O O OOOOO 69 6A 40 69 69 4A fA 69 69 V) H/ N 69 69 4A 69 69 69 69 4A fp 0 N O N t0 A V N O A O N N N NNNNN (O m J N CA tJ N to N A tD O is O O Cn AAAA� NN► N A tJt O Cn O V (n W CA N NNNNN e N 0 W Cn N O Cn 0) O N N N N O NNNN{7t O U1 Ov O O O o (n N N CA O 00000 V) 69 4A 69 69 69 69 fA V) V) y) !A 69 69 69 C V A W N W A W N O O 00 0o V OD Oo O< O co O 00 W V V Cn A o 8 Cn W O N A 0) V V 0) (D A A N (O N O) 0) to co 0 m N P W 00 O) m A A p (n (n Cn A O) (n O (0. O O O O O O O O O O 00000 N O O O O Ooo 0 O 00000•► 69 69 69 69 69 69 69 69 V) V) V) 69 69 69 69 69 69 69 69 69 4A A 1 N o ao (n V O (0 4 i i A A 0 (D N V 8 V W W W W W V, p O 00 00 Ul Cn 0o (D W O U) 0) i V Cn N V 0) O Cn N(D O O N A N V 0) c) 7 \S� CJ (O A au A V au Oo 0) Ou W W V W _O y CJl o (n 0 00000 0 Cn In o O (J) 69 V) 69 V) 69 69 69 fA 69 69 69 69 (A to 69 0 07 rp x w N W O tnrntn (n V N AAAAAO N 7 N j p0 (D 0) 1 (n N W O'ny 7 N D7 n m jt0 W W O A OA w 00N`" (b CD (O tD 0) M J co CD (D N N On N0000 V IJ NOON Ul O O 00000 Cn N N 0 0 In M 69 N C 69 40 69 ffl 69 44,W 69 69 69 69 M 69 O O 1 e A N N A L" co tD co (D 00 (D O t (D V V V V V r N --�0 O 0) O O(D to W NNNNN N p] A (D N W N A T V W (D V C W O N A� (7) 00 00 tD A W W V 0)� V V (D(D W CA- N O N N Al V V V O V NN to fnN� N O N O NtJI (n UO to N O O N 1' Country Club Townhomes Corporation Renovation Project P.O. Box 1844 Aspen, CO 81612 970 925 -7128 FINAL ASSESSMENT COUNTRY CLUB TOWNHOMES RENOVATION PROTECT 12010 As you may remember, back in August of 2009 you received a notice regarding the Board's estimate of the fifth and final assessment for the Renovation Project. This fifth assessment is a result of the Board's decisions, over the course of the Project, to implement certain project improvements and deal with certain expenses which were unanticipated at the outset of the Project. Much of the specific information on the i'need for this final assessment was covered during our most recent Annual Meeting on Dec.28, 2009 and can be found on our website in the draft of the Annual Meeting minutes. In August we estimated that the 5`" assessment would be about 12% of your total assessments to date. The final figure is 12.51 %o, of your total assessment, for a total of $1,622,000 to be shared by all CCTH owners. You should receive your invoice in about a week from the above date, and the due date will be March 1, 2010. You can estimate your final assessment invoice by multiplying the sum of your invoiced payments to date, assessments 1 through 4 by 0.1251. The table below will give you some example "ball park" figures for estimating what your fifth and final assessment will be: Heated sq.#'t. Original Renovation Assessment Final Assessment 2866 $170,513 $21,331 2145 127,617 15,965 1630 96,977 12,132 Chuck Buhsmer, Treasurer 3:16 PM Country Club Townhomes Renovation Project 02110110 5th Assessment January 26, 2010 Type Date Num Merno Account Cir Split Amount Robert Christine Brambach #4 Invoice 1/26/2010 365 Accounts Receivable Assessment In... 9,870.00 David Katie Reeves #5 Invoice 1/26/2010 366 Accounts Receivable Assessment In... 12,318.00 John Hannah Sehnal #18 Invoice 1/26/2010 379 Accounts Receivable Assessment In... 12,132.00 Terry Wayne Johnson #19 Invoice 1/26/2010 380 Accounts Receivable Assessment In... 12,132.00 Snowmass Housing Department #25 Invoice 1/26/2010 386 Accounts Receivable Assessment In... 12,132.00 Snowmass Housing Department #26 Invoice 1/26/2010 387 Accounts Receivable Assessment In... 9,870.00 Damian G. Smith #28 Invoice 1/26/2010 389 Accounts Receivable Assessment In... 9,870.00 Gary Quist #29 Invoice 1/26/2010 390 Accounts Receivable Assessment In... 9,870.00 David Mary Harris #59 Invoice 1/26/2010 08 Accounts Receivable Assessment In... 12,132.00 Snowmass Housing Department #60 Invoice 1/26/2010 419 Accounts Receivable Assessment In... 12,132.00 Thomas Judith Goode #62 Invoice 1/2612010 421 Accounts Receivable Assessment In... 9,870.00 Pagel MEMORANDUM TO: Snowmass Village Town Council FROM: Russ Forrest DATE: Monday, February 22, 2010 SUBJECT: Rodeo Lease I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The purpose of this item is to review a concept for future leases with the Snowmass Western Heritage Association and determine how the 2009 lease for $10,000 should be resolved. II. BACKGROUND At the January 19, 2010 Council Meeting, the Council asked the SWHA Board to return with a proposal that could be a "win" for the Town and a "win" for SWHA. Bill Boineau and I met with the SWHA Board, and the concept of an annual lease payment of $1 per year was discussed. In return, SWHA would be responsible for all the start up and break down expenses the Town has performed on an annual basis (see below). SWHA is also asking for a 5 year term on the lease. Staff would ask that if this term was acceptable to the Council that the Town reserve the right to use the Rodeo Grounds for other Town events. The Public Works Department was asked to quantify the labor and material costs spent on the Rodeo for the last 4 years. The costs for labor and materials are consistently in excess of the annual $10,000 lease value. Town staff is comfortable with this lease proposal with the explicit understanding that the Town would not expend resources on the rodeo grounds. TOWN RODEO EXPENSES 2006 2007 2008 2009 Force Account $11,715 $19,308 $12,860 $17,566 Materials $4,635 $12,417 $7,122 $43,029 $16,350 $31,725 $19,982 $60,595 The 2009 lease is for $10,000. The SWHA proposes a $1,000 rental fee. Since, from their point of view, they spent $13,722 for repairs to the pens, fencing, sound, and lighting systems, they are not willing to cover the Town's additional expenses of $3,028.67. III. STAFF RECOMMENDATION Council is requested to: Determine if the proposed concept of a 2010 lease are acceptable ($1, no TOSV cost for set up and tear down of the event, and 5 year term) Whether any portion of the $10,000 2009 lease should be forgiven. Staff supports the general concept of the 2010 lease but would like to further negotiate the details of the lease with SWHA. There are several issue that staff is concerned about in the materials provided by SWHA including for example: Further discussions are needed to discuss the term of the lease and what responsibility the Town has for underground utilities. The current lease does not give SWHA exclusive use of the site and the Town should retain the right to also use the site during times which do not conflict with SWHA events. Staff does not recommend waiving the TUP requirement which is required for all special events since that controls lighting and amplified sound along with other impacts associated with a special event. Also the proposed wording in section 5 that states "....but SWHA will have complete use of that area as well as the paved parking area to the west of the arena" is not acceptable to staff since the contestant parking area is also used for a variety of public uses and parking is required for the Recreation Center. Staff agrees that the Town should make every effort to maximize parking for rodeo events. Staff recommends that Council listen to SWHA's proposal, accept, modify, or reject their proposal, and direct staff to develop a new lease. With regard to the 2009 lease, since the Town spent $43,028.67 to move the Rodeo to its current location, staff feels SWHA should pay the Town the $1,000 plus the overage of $3,028.67 for a total of $4,028.67. Attachments: A) Proposal from SWHA B) 2009 Lease with SWHA EXHIBIT i S a �;pthSS. typSrA �j tt RA. Box 5745 �r Snowmass Vlllage it Colorado 81$15 xt 970.923.8898 www snowmossrodeo.org ca ASOO February 3, 2010 Pies9nters of the S r�awrn A88 1"3au>ra 2009 LEASE PAYMENT PROPOSAL Board of Directors Tom Yocum'. Presldertt Jim Benson The Snowmass Western Heritage Association hereby proposes John Canning a..fee of $1,000.00 as payment In full for the 2009 lease rental, Paul Dioguardi Jim Finn Alex Kailas Per the terms of the .2009 lease #4 ($10,000 rent due) and #5 Chris Kelly arena corral maintenance Town O bligations for repairs to Jim Rathell p Greg Rulon area, pens, fencing, sound and lighting —the SWHA SPENT Marty Schlumberger Boone Schweitzer $13,722 for those items,'obligations. The Town spent $9,000 Jim Snyder on those items over budget which the SWHA had no control Barb Yocum over) plus $10,000 rent. SWHA proposes a $1,000 payment to executive Director. settle the 2009 summer lease as final settlement with the Diane Teague Town, effectively a wash between both parties, Snowmass Western Heritage Ass,"latlon is a tax exempt 601(c)'(3) (EIN '90- 0138524)' nonprofit organization that strives to preserve and enhance the western heritage and character of Snowmass Village and Roaring Fork Valley. e�o� At As S tv� ZnWan WS P.O. Box 5745 s3 8nowmass Village t� Colorado 81615 970- 923.8888 www.snowmassrodeo.org O�RJrjG AsSOttrta February 3, 2010. P fOS017tOIS Of the SN IIWMA8S 23II13>rt0 SNOWMASS WESTERN HERITAGE ASSOCIATION. 2010 SUMMARY OF LEASE TERMS Board of Directors Tom Yocum Pfesident Recitals: Add specific definition of the Parcel that Is covered by this Jim Benson lease Jahn Canning Paul Dloguardl Jim Finn Alex Kailas Chris Kelly t. Site and Facilities; Same Jim Rathell 2, Same Greg Rulon 3, Term leasvcommence on May 1, 2010 and terminated April 30; 2d1S. Marty Schlumberger Boone Schweitzer Other terms the same Jim Snyder 4, Compensation $1.60 /year full payment Barb Yocum 5; Arena and corral maintenance -SWHA will be responsible for repairs to all fences, corrals; pens, stands, etc., as well as lighting and sound, Exeputive Director. system. SWHA Is responsible for all.sttrface area (above ground) Diane Teague maintenance repairs and costs ONLY, specifically excluding repairs to any major electrical lines (including arena. overhead Ilghting), trunk telephone Imes or major water lines. In regard to porking, will, maintain and control the contestant parking area but SWHA wili have complete use of that area as well as the paved parking area to the west of the arena 6. Mantire- same 7. Government approvals deletion of the requirement to obtain a "Temporary Use Permit" as this Is speclflcatly addressed.in the tease document ti. Partlilpant Walvers -same Snowmass Western Heritage Association is a tax-exempt 601(c)(3) (EIN 90. 0136524) nonprofit organizatiori that strives to preserve and enhance the western heritage and character of Snow hMs Village and the Roaring Fork Valley. 6�Q�AIASS ;yPS 'WirnX Rival AmmATION P.O. Box 5745 Snowmass Village A Colorado 81615 970. 923.8898 •www snowmassrodeo,org A�sVGt 9. No Partnership -same 10. Exclusivity -same Presenters o�tlre 11, Indemnification =same SNOWMABS 13031Eti 12. Site Inspection-same 13. Acceptance of risks -same 14. Signs -same Board of Directors 15. Animal care -same Tom Yocum 16. Entire Agreement and Termination: same Pres /dent Jim Benson R John Canning Paul Dioguard€ Jim Finn Alex Kailas Chris Kelly Jim' RathelE Greg Rulori Marty Schlumberger, Boone Schweitzer Jim Snyder Barb Yocum Executive Director Diane Teague Snowmass'Western Heritage Association Is a tax-exempt. 501(c)(3) (EIN 90- 0138524) nonprofit organizatlon that strives to preserve and enhance the Western heritage and character of. Snowmass;Village and the Roaring Forte Valley. EXHIBIT B SITE AND FACILITY AGREEMENT This Agreement is made and entered into this 19th day of May 2009, by and bet%veen the Totivn of Snowmass Village, hereinafter referred to as `TOSV', and Snowmass Western Heritage Association, a Colorado nonprofit corporation hereinafter referred to as "SWHA." Recitals. A. SWHA, whose purpose is to preserve and enhance western heritage and culture, through its employees and agents, will be providing activities and events to educate and entertain tine general public. Various equestrian activities will be provided, including a non- professional rodeo series. d 73� B. TOSV is the owner of the Stables Facility Parcel a.k.a. the Rodeo Grounds, Brush Creek Road, Snowmass Village, Colorado, hereinafter referred to as the "Rodeo Grounds C. SWHA. desires to utilize the rodeo arena and other portions of the Rodeo Grounds for conducting the above referenced western heritage activities and events on the terms set forth below. For and in consideration of the mutual promises and covenants set forth below, TOSV and SWHA agree as follows: 1. Site and Facilities. TOSV and SWRA shall mutually agree upon areas for the rodeo and facilities ithin the boundaries of the Rodeo Grounds for the rodeo, stabling and related western heritage, equestrian, and rodeo support activities. SWHA shall be responsible for determining the suitability of any area and terrain for the rodeo and related activities and proposing such areas to the Town for approval. 2. Site Preparation. The parties acknowledge that the ability to safely and effectively utilize any area for a rodeo, horseback riding, or other event will depend upon weather, surface conditions, and other factors, which are beyond the control of TOSV. SWHA assumes full and complete responsibility for the preparation and maintenance of such areas and for the determination, on a daily basis, of the condition or suitability of any area for the rodeo or any other operations or activities by SNVHA. TOSV shall have the right to veto the selection of any areas in its discretion if it determines that the use of die site poses an unacceptable risk to the safety of TOSV employees, guests, and facilities or unreasonably interferes with other operation by TOW. TOSV has made no warranty, expressed or implied, as to the suitability of die Rodeo Grounds for the conduct of any activity by SWHA. 3. Term. The term of this Agreement shall commence on June 1, 2009, and shall be terminated on September 18, 2009 unless sooner terminated as provided below. SWHA may hold regular activities (such as petting and feeding arena, fishing pond, and displays of its western heritage collection of art and artifacts), during any daylight times. Rodeos will occur each Wednesday from the thud week of June through the fourth week of August from approximately 5 :00 pin to 10:00 pin. SWHA may schedule additional evening events until 10:00 pm on five additional occasions. All activities at the Rodeo Grounds during that period will be subject to an approved Temporary Use Permit to be sought by SWHA. SWHA may propose additional activities for approval by TOSV. 1 4. Compensation to TOSV. In consideration of the rights granted herein, SWHA agrees to pay TOSV $10,000 per year. pull Payment ($10,000) will be owed by SWHA to the TOSV by October 9, 2009. The Town Council at a regularly scheduled meeting can waive the rent prior to October 9, 2009 in their sole.discretion. SWHA shall keep a• complete set of accurate financial records of its operations, in a manner consistent with ordinary accounting methods and procedures. SWHA shall maintain accurate records of all receipts, invoices, payments, income, accounts, documents, and other relevant information in its offices in Snowmass, which shall open for inspection, review, examination, audit, and copying by TOSV during normal business hours upon TOSV's reasonable request. It is SWHA's goal to have net revenues from the operation of the summer rodeo series to be able to put additional funds into the upkeep and improvement of the Rodeo Grounds, as well as to increase the activity opportunities for the community. At the end of each summer rodeo series, SWHA will provide to TOSV an audited budget to actual report on its rodeo operations. S. Arena and Corral Maintenance. Prior to the commencement of the first SWHA event, TOSV will make any necessary (as determined by the Town) repairs to the arena, pens, outbuildings, fencing, and entrance /roadway. Additionally, the sound and lighting systems for the rodeo and the adjacent parking lot for rodeo and special event nights will be provided by TOSV. SWHA will be responsible for installing the BBQ tent and the costs of installation. SWHA may construct, with TOSV approval, other small temporary booths within the'park' area of the Rodeo Grounds for displays or children's activities, including a teepee, and improve /upgrade the existing structures. b. Manure Removal. SWHA will thoroughly remove manure from the areas of its operation and dispose of all manure at such locations as are mutually agreeable to TOSV and SWHA. All manure removal and disposal shall be at SWHA's sole cost, The Town of Snowmass Village will consider alternate methods of disposal as proposed by SWHA. 7. Governmental Approvals. TOSV and SWHA shall reasonably cooperate to obtain all governmental approvals and permits necessary for the conduct of SWHA's operations hereunder. SWHA agrees that it will, at all times, conduct all of its operations in compliance with all conditions and requirements of all applicable permits, approvals, laws, and regulations. TOSV makes no warranty hereunder that TOSV and SWHA will be successful in obtaining and maintaining any and all permits and approvals necessary for the conduct of Operator's activities during the term of this Agreement. In the event that any permit or approval necessary therefore is not obtained after all reasonable efforts, then this Agreement shall terminate at the time that the governmental body having authority to issue such permit finally determines to deny such perinit. The Town hereby authorizes SWHA to secure an Annual Temporary Use Permit (ATUP) for the rodeo /barbecue and other activities. The ATUP will not give SWHA exclusive use of the property; the Town reserves the right to use the property for other uses as long as they do not interfere with the rodeo and other proposed SWHA activities. If SWHA needs to use private property to pasture animals, SWHA must secure the approval of the property owner. SWHA may not move Rodeo stock through the Town Park to a private pasture. S. Assignment. Provided that SWHA is in full compliance with all of its obligations and covenants hereunder, this Agreement and SWHA hereunder may assign its tights with the prior written consent of TOSV. 2 9. Participant Waivers. Event participant entering onto the Rodeo Grounds under this Agreement shall have first been advised regarding and shall thereafter have fully executed a "Waiver and Release of Liability" in a form acceptable to TOSV, 10, No Partnership. Under the terms of this Agreement, SWHA shall not be considered an employee, agent, partner, joint venture or contractor of TOSV. Operator's status shall be solely that of an independent contractor. Nodxing in this Agreement is intended to confer any benefit upon any thud party. 11. Exclusivity. During die term of this Agreement, TOSV will not enter into any other contracts authorizing production of rodeos. This Agreement shall not preclude any other activity whatsoever at the Rodeo Grounds by TOSV, its employees, agents or invitees so long as such activities do not interfere with scheduled and approved events or activities of SWHA. Further, TOSV acknowledges and agrees that SWHA intends to cooperate and partner with other local nonprofits and entities to jointly host and market certain activities and events at the.Rodeo Grounds. 12. Indemnification. SW14A agrees, for itself, its successors and assigns, to indemnify, defend, and hold harmless TOSV, its owners, employees, and officers, from and against any and all claims of any sort whatsoever, including negligence, arising out of or related to any action or failure to act by SWHA or its customers, agents, and employees. This obligation of indemnity shall include the payment of reasonable attorney's fees incurred in the investigation of defense of any claim, regardless of whether die claim is subsequently determined to lack merit. In furtheiance of die obligation of indemnity and defense hereunder; SWHA shall at all times during die term of this Agreement, obtain and maintain in full force and effect a policy of comprehensive general liability insurance with policy limits of not less than $1,000,000 per occurrence and $1,000,000 aggregate. TOSV shall be named as additional insured on such policy and SWHA shall deliver a certificate evidencing such coverage to TOSV prior to the commencement of any activity hereunder, 13. Site Inspection. In consideration of being permitted to enter for any purpose, the Snowmass Village Rodeo Grounds, herein defined as including, but not limited to the arena, chutes, pens, areas reserved and intended for participants or restricted to die general public, all walkways, concessions, bleachers, or areas appurtenant to any areas where activity related to any event shall take place, or being permitted to compete, officiate, observe, work for, or for any purpose participate in any way in any event, the User, for their self, their personal representative and heirs, acknowledges, agrees, and represents that they have or will, immediately upon entering any such areas, and will continuously thereafter, inspect such areas and all portions thereof which he enters and with which they come in contact, and they do further warrant that their entry upon such areas and their participation, if any, constitutes an acknowledgement that they have inspected said area and that they find and accept the same as being safe and reasonably suited for the purposes of their use, and they further agree that if they feel anything to be unsafe, they will immediately advise the officials of the Town of Snowmass Village of such and will leave said area. 14. Acceptance of Risk. SWHA hereby assurnes full responsibility for any risk of bodily injury, death or property damage, due to the negligence of SWHA or otherwise while in or upon the premises while competing, officiating, observing, or working in any event. SWHA hereby agrees that the activities of an event may be dangerous and involve the risk of serious injury and or death and property damage. SWHA further expressly agrees that the foregoing Release and Waiver of 3 Liability and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Colorado and that if any portion hereof is held invalid. It is agreed that the balance shall continue in full force and effect. SWHA acknowledges that the use, handling, and riding of a horse, bull, or other rodeo animal involves a risk of physical injury to any individual undertaking such activities; and that a horse, bull, or other rodeo animal, regardless of its training and usual past behavior characteristics, may act or react unpredictably at times based upon instinct or fright which, likewise, is an inherent risk assumed by a participant. Under Colorado law, an equine activity sponsor is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13 -21 -119, Colorado Revised Statutes. 15, Signs. TOSV and SWHA will cooperate to design and display one or more signs describing -SWHA's programs at such locations as may be mutually agreeable. In the event of any failure to agree, the location and design of any signs at the Rodeo Grounds shall be determined by TOSV in its discretion. TOSV agrees that SWHA may install new ranch gates at the contestant and visitor entry to the Rodeo Grounds: SWHA will obtain prior approval of the gate designs. 4-G: Animal Care. SWHA agrees to provide proof of vaccination for all stock animals. SWHA agrees to allow the TOSV Animal Control Department to inspect the stock animals for compliance with reasonable standards of care. SWHA will comply with any directives issued by the Town's Animal Control Department, 17. Entire Agreement and Termination. This Agreement states the entire Agreement and is intended to be a complete and integrated contract. No amendment or change to this Agreement shall be binding or effective unless in writing and executed by both parties hereto. In the event SWHA wishes to terminate this agreement, it will give TOSV a -one -month written notice. If the TOSV wishes to terminate this Agreement, it will give SWHA a one -month written notice. If SWHA "abandons" the Rodeo Grounds and does not plan to host the summer rodeo series the TOSV has the right to take over the Rodeo Grounds and notify SWHA in writing of termination of this Agreement. In the event such notification is received by SWHA and SWHA disagrees with TOSV' s determination of abandonment, then SWHA shall have 30 days to cure any alleged breaches of this agreement and satisfy TOSV that SWHA is proceeding according to its proposal referenced in Paragraph 17, above. 4 i TOWN OF SNOWMASS VILLAGE SNOWMASS WESTERN HERITAGE By By: CL Title: Title: 5 MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: February 22, 2010 SUBJECT: RESOLUTION NO. 14, SERIES OF 2010 SUBDIVISION EXEMPTION LOTS 47 PORTION OF 48, MELTON RANCH I Applicant: Alan Richman Planning Services representing the Lynda R. and Ronald B. CharFoos Living Trust "Landowner Planner: Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Alan Richman, representing the Lynda R. and Ronald B. CharFoos Living Trust (landowner), is requesting subdivision exemption approval to permit the combination of Lot 47, Melton Ranch Unit I Subdivision with that portion of Lot 48 Action Requested: To review the application and approve, modify or deny Resolution No. 14, Series of 2010. No Public Hearing is required. BACKGROUND: A copy of the application has been placed in your council boxes. A copy is also available for public viewing at the Planning Department. A portion of Lot 48, Melton Ranch Unit I Subdivision was deeded to the then property owner of Lot 47 in 1973 when it was discovered that the original residence constructed in 1972 extended onto Lot 48. The approximately 1,300 square foot conveyance corrected the encroachment and provided for a five (5) foot setback from the new common property line but the residence still was outside the platted building envelope established by the original subdivision setback map. An Administrative Variance was approved on July 20, 1998 by the Snowmass Village Planning Department permitting those portions of the residence extending outside the building envelope to remain; however, some of the structure extended beyond the platted lot line of Lot 47 and into the 1,300 sq. ft. portion of Lot 48 conveyed in 1973. A subdivision exemption should have been processed at that time to establish a parcel combining Lot 47 with the transferred portion of Lot 48 and establishing a new building envelope. The Landowner contacted the Planning Department late last year and indicated a desire to remodel and enlarge the house. It was determined that the residence was technically a legal non conforming structure and could not be enlarged unless the parcel was replatted and a new building envelope was established. 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission does not review subdivision exemption applications. 3. APPLICABLE REGULATIONS. The proposal is being processed as a Subdivision Exemption application in accordance with Section 16A -5- 500(1), Lot line adjustments, of the 1 Snowmass Village Municipal Code. Review Standards that apply to this application may be found at Section 16A -5 -530, Review standards. 4. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS: Lot line adjustments require Town Council approval. This application will consolidate the small portion of Lot 48 conveyed in 1973 with Lot 47, establish a new building envelope and enable the Landowner to proceed with the remodel. 5. STAFF RECOMMENDATION: Staff recommends approval of the enclosed resolution. ATTACHMENT Resolution No. 14, Series of 2010. HANDOUT Application dated December 10, 2009 prepared by Alan Richman Planning Services. 2 ATTACHMENT 1 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION NO. 14 5 SERIES OF 2010 6 7 A RESOLUTION CONCERNING A SUBDIVISION EXEMPTION TO PERMIT A LOT LINE 8 ADJUSTMENT INVOLVING LOT 47 AND A PORTION OF LOT 48, MELTON RANCH UNIT 1 9 SUBDIVISION. 10 11 WHEREAS, Alan Richman Planning Services "Applicant on behalf of the landowner, Lynda 12 R. and Ronald B. Charfoos Living Trust, submitted a subdivision exemption application on December 13 11, 2009 requesting approval of a lot line adjustment involving Lot 47 and an approximately 1,300 14 square foot portion of Lot 48, Melton Ranch Unit I Subdivision, recorded in Plat Book 3 at Page 100 15 in the records of the Pitkin County, Colorado Clerk and Recorder; and 16 17 WHEREAS, said lot line adjustment combines Lot 47 with a portion of Lot 48 that was 18 deeded to the then property owner of Lot 47 in 1973; and 19 20 WHEREAS, the resultant Lot 47 will be 0.39 acres more or less in size; and 21 22 WHEREAS, the application also proposed amending the building setback map to establish a 23 new building envelope for Lot 47; and 24 25 WHEREAS, Section 16A -5- 500(1) of the Snowmass Village Municipal Code "Municipal 26 Code permits a lot line adjustment as proposed; and 27 28 WHEREAS, the subdivision exemption request does not require published, mailed and 29 posted notice pursuant to Section 16A -5 -60 of the Municipal Code; and 30 31 WHEREAS, the Town Council reviewed the subdivision exemption application and heard the 32 recommendations of the Town Staff on February 22, 2010. 33 34 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 35 Village, Colorado: 36 37 Section One Findings. Based upon the information submitted and testimony in the record, the 38 Town Council finds as follows: 39 40 1) Section 16A -5 -60 of the Municipal Code specifies that there are no public notification 41 requirements for a subdivision Exemption application. 42 43 2) The Applicant has submitted sufficient information pursuant to Section 16A -5 -500 of the 44 Municipal Code to permit the Town Staff and Town Council an adequate review of the 45 subdivision exemption application for the proposed lot line adjustment. 46 47 3) The subdivision exemption plat is consistent with the Review Standards for granting a 48 subdivision exemption contained in Section 16A -5 -530 of the Code, because: 49 50 a) The exemption is necessary for the preservation and enjoyment of substantial property rights 51 of the applicant; 52 b) The exemption is consistent with the land ownership involved in that the boundaries will TC Reso. 10 -14 Page 2 of 3 53 remain as they have existed since the subject portion of Lot 48 was conveyed to the owner of 54 Lot 47 in 1973; 55 56 c) No new lots will be created within this single family subdivision; 57 58 d) The exemption plat complies with other sections of the Municipal Code, and the exemption 59 plat will actually eliminate the non conformity of the existing structure on Lot 47; 60 61 e) No adverse impacts are created; and 62 63 f) The subdivision exemption by itself does not increase the total allowable floor area for Lot 47 64 which will remain at 2,705 square feet. 65 66 Section Two Action. The Town Council hereby grants the subdivision exemption request to 67 combine the subject portion of Lot 48 with Lot 47 and establish a new building envelope, as shown 68 and described on Exhibit "A" attached hereto, subject to the conditions in Section Three of this 69 resolution below. 70 71 Section Three Conditions. The approval shall be subject to the following conditions: 72 73 1. Following execution, this resolution and its exhibits shall be recorded, at the Applicant's 74 expense, with the Pitkin County Clerk and Recorder. 75 76 2. All prior restrictions or easements of record shall remain and will be shown upon the plat 77 unless they are relocated or relinquished by all parties having interest prior to recording the 78 subdivision exemption plat. 79 80 3. The lot combining Lot 47 with that portion of Lot 48, as described in Exhibit "A shall 81 hereafter be described as Lot 47, Melton Ranch Unit I Subdivision Exemption. 82 83 4. The Applicant shall complete, before the subject subdivision exemption plat is placed of 84 record, all actions or matters that in the opinion of the Town Planning Director or Town 85 Attorney are necessary to satisfy or dispense with the requirements of the Municipal Code. 86 Should problems arise that cannot properly be resolved at the administrative level, they will 87 be presented to Town Council for direction. 88 89 5. The Applicant shall then submit two (2) sets of the plat mylars, executed by landowners, 90 mortgage holder(s), title examiner and surveyorfor signature by Town officials. The Mayor is 91 then hereby authorized to sign the plat only after approval as to technical and substantive 92 completion by the Town Attorney and Planning Director. 93 94 6. The Planning Director shall review the exemption plat to ensure it complies with the terms 95 and conditions of approval and obtain signatures for all of the applicable plat certificates. 96 97 7. The subdivision exemption plat will then be recorded, at the Applicant's expense, in the 98 records of the Pitkin County Clerk and Recorder's Office. 99 100 Section Four Severability. If any provision of this Resolution or application hereof to any 101 person or circumstance is held invalid, the invalidity shall not affect any other provision or TC Reso. 10 -14 Page 3 of 3 102 application of this Resolution which can be given effect without the invalid provision or 103 application, and, to this end, the provisions of this Resolution are severable. 104 105 INTRODUCED, READ AND APPROVED on the motion of Council Member 106 and the second of Council Member by a vote of in favor and opposed, on 107 this 22 day of February, 2010. 108 109 TOWN OF SNOWMASS VILLAGE 110 TOWN COUNCIL 111 112 113 114 115 Bill Boineau, Mayor 116 117 ATTEST: 118 119 120 121 122 Rhonda B. Coxon, Town Clerk 123 124 APPROVED AS TO FORM: 125 126 127 128 John Dresser, Town Attorney 129 Exhibit A TC Resolution No. 14, Series of 2010 (Page 1 of 2) Subject Property: PARCEL T LOT 47, MELTON RANCH ONE PARCEL H A tract of land situated in the SE' SE '/4 of Section 36, Township 9 South Range 86 West of the 6ht P.M., said tract being part of Lot 48, Melton Ranch Unit One, more fully described as follows: Beginning at a point on the Southwesterly Line of said Lot 48 whence the most Southerly corner of said Lot 48 bears South 46 degerees 09 minutes 00 seconds East 23.92 feet; thence North 46 degrees 09 minutes 00 seconds West 31.44 feet along Southwesterly line of Lot 48; thence North 61 degrees 43 minutes 30 seconds East 9.65 feet; thence South 28 degrees 16 minutes 30 seconds East 29.92 feet to the point of beginning. County of Pitkin, State of Colorado Resulting Lot 47: Leaa! Qescri ion fr?esultina Lot 47 Beg /nn/ng at a found ,f5 rebar and il/eg/ble plastic cap marking the southwesterly corner of Lot 48 Me /ton Ranch Unit Subdlvision, thence N46 '09'00 "W 23.92 feet, thence N2876'30 0 W 29.92 feet, thence 56143'30 "W 9.65 feet, thence N46 '09'00 "W 139.66 feet, thence 112.84 feet along the arc of a curve to the left having a radlus of 190.38 feet, a central angle of 3357'40" and subtending a chord bearing of S2156'09 7 W a distance of 111.20 feet, thence S58 °45'00 "E 205.92 feet, thence 81.22 feet along the arc of a curve to the right having a radlus of 60.00 feet, a central angle of 7733 and subtending a chord bearing of N0439'03 "E a distance of 81.22 feet to the point of beginning, costa /n/ng an area of 0.39 acres, more or less Exhibit "A" TC Resolution No. 14, Series of 2010 (Page 2 of 2) '070, 1666¢ lr V �1 M GRAPHIC SCALE 5 p" setear� Una P4 1l t 60� 3 Pa9e 1Oj I Ik h -b F 2 0 AND., 08 Reba end 3 Inon 20 it aluminum cap 1 L Deco t/a: OrfenlnW Lot 47 P r Plot R ---r d In Bo at P pe 100 �I Beginning at a found 45 rabor and //legible plosUc cap marking the southwester, comer of Lot 48 Melton Ranch Unit l Subd /vis /en, thence IV460900'W 194.96 fret thence T A p 4 I 112.81 feat o%ng the arc of a W_ to the left haying a radius of 190.38 feat a Lo 6 't0 "fI central ang /e of 3357'03" and subtending a chord bearing of SI, W W a distance 0 11117r, et than 0.65 AC t/ m l 5584500E 205.92 feet thence "5 S.F. t/- 9296 feet along the arc of a tuna to the right hating a radius of 60.00 hat o 41 central ang /e of 884557" and subtending o chord bearing of N107221"W o distance Of .93 feet to the point of beghning, containing an area of aJ6 a"4 more a 401G De.'rotbn LYioino/ lot yd 8r Plot Ren d Beak 3 at pace, 1pQ e Beginning at o found /5 rabor and r7 /egiL /a plastic cop marking the southaostely h 0 f\ 0 01 cmmer of Lot 47 Me/t- Ranch Unit V4609 00'W 194.96 het, Subdhrslon, thence l m\ i thence 105.78 het along the ace of a curare to the left hating a radius of 290.38 feet a a tml angle of 2052'18' end subtending a chord bearing of N183105 E a dlstmcn l A.y o 6 New Lot Lines 1 of 10520 feet thence i LoG 5�`/ 3 I S8070'00E 166.64 feet thence 0.39 AC t o 5 61 50737 00'W 17852 hat, thence 1 9 1 41.87 het along the arc of a taro to the left having a radius of 6000 feet, a 1 059 S.F. f� J central an of 39^5458" end subtending o chord bearing of 5540007'W a distance 1 a et of 41.03 feet to the point of beginning, conta/ning an area of 0.65 acres; more or v e el to less L m e o 5 tip 3 P l 2 t a,g°jp P�0 G6 409W D ScWlon Resulting let 47 Rebor and Beginning at a fund j5 -bet and 1 /agib /e plastic cop morfiing the southwastery i /egg /e plastic cop per of Lot 4B Melton Ranch Unit I Subdivision, thence N4609'00"W 23.92 feet, thence ��zi N287630"W 29.92 feet thence s wee n 5614330 "W 9.65 het thence J Q N4609'00'W 139.66 het thence "�a o h• 11284 feet along the arc of a taro to the left hating a radius of 190.38 feet a central ang /e of 3357'40" and subtending a chard bearing of 57156'09 "W a distance �0 11lartengale of 111.20 fee t thence Place 81,22 het aong the Oro o o of o aura to the right hating a radius of 6p00 font, R. 0 h p) cenfrol ang /e of 773336' and subtending a chord bearing of N043903E a distance la f -0(6' I f 81.22 feet to the point of beghnJng, containing an area of QJ9 a-4 mcm or less. Legal Dew Resv /flop or 48 Beginning at a found 0 rebar and h7/egffi /e plastic rap marking the southeostely caner of Lot 47 Melton Rench Unit Subdivision, thence N46D900'W 2£92 feet thence N287630'W 29.92 feet, thence CURVE TABLE S6MY30 9.65 feet, thence Chord Chord N460900V 13966 het, thence CURVF Radius Length Distance Bearing Ds /to 105.78 feet along the ar of a curve to the left holing a radius of 290.38 feet o central angle of 2052'18" and subtending a chord bearing of N1831'05 E a distance C4 290.38 105.78 105.20 N1831'05 E 2052'18" of 10520 feet thence C5 60.00 81.22 7576 5043903 "W 7733'36" 5807000E 166.64 het, thence C6 60.00 37.47 36.87 5617927'W 3547'00" 5073100'W 17852 feat, thence CF 190.38 11264 111.20 S21 56'09'm, 3357'40" 41.87 feet along the arc of a taro to the /aft hating a radius of 60.00 feat, a central eng /e of J9'3858" and subtending a chord bearing of 5540007'W a distance of 41,0) feet co the point of begkming. contaking an area of 0.65 afros, more ar less. MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: February 22, 2010 SUBJECT: PUBLIC HEARING AND SECOND 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, 2009 and January 4, 2010 Town Council meetings. This item received 1S Reading approval on February 1. Action Requested: To review the supplemental information provided by the Applicant (See Attachment 1) concerning the inclusion of the subject party to the provisions of the Master Declaration of Protective Covenants for Snowmass -at -Aspen Residential Areas. Conclude the Public Hearing and then approve, modify or deny second reading of Ordinance No. 2, Series of 2010. 2. 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 An application for a minor amendment to a final PUD needs to demonstrate that: 1) the proposed amendment will be consistent with, or an enhancement of, the original PUD approval; 2) the proposed amendment will 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; and 3) the proposed amendment will not change the basic character of the PUD or surrounding areas. ATTACHMENTS 1) Draft Master Declaration of Protective Covenants dated February 3, 2010. 2) Town Council Ordinance No. 2, Series of 2010. 1 ATTACHMENT 1 Draft 2/03/10 SUPPLEMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS FOR SNOWMASS -AT -ASPEN RESIDENTIAL AREAS, AS AMENDED For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned, as the owner of Parcel D, Two Creeks, as depicted on a Plat of East Village PUD, recorded in the office of the Clerk and Recorder of Pitkin County, Colorado, in Plat Book 35 beginning at Page 54, on October 14, 1994 "Parcel D hereby covenants and agrees as follows: (1) If and when it is converted from commercial /office use to residential use, in accordance with the provisions of Town of Snowmass Village Ordinance No. 2, Series of 2010 "Ordinance 2 Parcel D shall be subject to the provisions of the Master Declaration of Protective Covenants for Snowmass -at -Aspen Residential Areas, recorded in Book 225 at Page 6 in the office of the Clerk and Recorder of Pitkin County, Colorado, as amended (the "Master Declaration except as follows: In the event of any conflict between the provisions of Articles V or VI of said Master Declaration and the Amended PUD Guide for Parcel D approved by Ordinance 2 and recorded as Reception No. in the office of the Clerk and Recorder of Pitkin County, Colorado, the provisions of the Amended PUD Guide shall control. (2) This Supplement shall run with title to Parcel D and shall be binding upon the undersigned as the current owner thereof and all successors in the ownership of Parcel D. SNOWMASS OFFICE COMPANY, LLC By: STATE OF COLORADO ss COUNTY OF The foregoing instrument was acknowledged before me this day of 20, by as Manager of Snowmass Office Company, LLC. Witness my hand and official seal My commission expires: Notary Public G: \Client \Chaffin /Light \Snowmass Officc \Supplement to Master Declaration of Protective Covenants for Snowmass -at -Aspen DRAFT 020310.doc 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 further discussed the item on January 4, 2010; and 29 30 WHEREAS, the public hearing notice was published in the Snowmass Sun on January 31 13, 2010 for the Town Council meeting on February 1, 2010 to hear a presentation of the 32 proposal by the Applicant, consider Town staff and Planning Commission recommendations 33 and public comments along with the application review; and 34 35 WHEREAS, the application was reviewed and processed in accordance with the 36 provisions outlined in Sections 16A -5 -390 of the Municipal Code. 37 38 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 39 Snowmass Village, as follows: 40 41 Section One Findings and Recommendations. The Town Council hereby finds that: 42 43 General Findings 44 45 1) The submission requirements for the application were adequately provided pursuant to 46 Sections 16A -5 -40 and 390 of the Municipal Code and included written and graphic 47 materials in sufficient detail to deem the application complete for review. 48 TC Ord 10 -02 Page 2 of 4 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 57 b) The proposed amendment does not have a substantially adverse effect on the 58 neighborhood surrounding the land where the amendment is proposed, nor has a 59 substantially adverse impact on the enjoyment of land abutting upon or across the 60 street from the subject property; 61 62 c) The proposed amendment would not change the basic character of the PUD or 63 surrounding areas; and 64 65 d) The proposed amendment acceptably complies with the other applicable standards 66 of this Division 3, Planned Unit Development, including but not limited to Section 67 16A- 5- 300(c), General Restrictions and Section 16A -5 -310, Review Standards 68 69 Specific Findings 70 71 1) It is acceptable to permit the current professional office building use to remain until 72 such time as a property owner applies for and receives approval to permit the 73 modification of the existing building or construction of a new building for single family 74 use. 75 76 2) The zoning parameters that are attached as Exhibit "A" of this Ordinance provide for 77 the conversion of the existing structure or construction of a new structure for single 78 family use consistent with the current provisions for single family residences within Two 79 Creeks and The Pines. 80 81 3) The Floor Area Excise Tax (FAET) provisions of the Municipal Code should be 82 amended to enable additional floor area to be acquired for a new single family 83 residence on this parcel. 84 85 4) Neither the existing structure or any new residential structure should be permitted to 86 include an Accessory Employee Unit (AEU) unit within the lot. 87 88 5) The Applicant has offered to submit to the Snowmass Homeowners Architectural 89 Design Committee Guidelines and review for any modification of the existing structure 90 or construction of a new single family residence. 91 92 Section Two Action. The Town Council hereby grants the approval of the Minor PUD 93 Amendment, subject to the compliance with the Amended PUD Guide attached as Exhibit "A and 94 the conditions set forth in Section Three of this ordinance. 95 96 Section Three: Conditions. The Town Council makes the following conditions for the 97 Applicant to comply with or implement: TC Ord 10 -02 Page 3 of 4 98 99 1) Based upon the Applicant's offer for this parcel to submit to the Snowmass 100 Homeowners Architectural Design Committee Guidelines and review for any 101 modification of the existing structure or construction of a new single family residence, 102 written verification from the Snowmass Homeowners Association shall be provided to 103 the Town Planning Director prior to receiving a building permit for residential use of the 104 property or within sixty (60) days on the effective date of this Ordinance, whichever 105 occurs first. 106 107 2) This Ordinance shall be recorded, at Applicant's expense, in the records of the Pitkin 108 County Clerk and Recorder. 109 110 3) At such time as any building permit is issued to convert the land use for this parcel from 111 professional offices to residential, the use and all land use /zoning parameters set forth 112 for this parcel in the East Village Land Use Plan as approved by Ordinance No. 6, 113 Series of 1994, which included "Professional Offices shall be considered null and void 114 and the parcel will thereafter be subject to the Amended PUD Guide attached as 115 Exhibit "A" of this Ordinance. 116 117 Section Four Severability. If any provision of this Ordinance or application hereof to any 118 person or circumstance is held invalid, the invalidity shall not affect any other provision or 119 application of this Ordinance which can be given effect without the invalid provision or 120 application, and, to this end, the provisions of this Ordinance are severable. 121 122 Section Five Enforcement. Obligations herein this Ordinance shall be binding on the 123 Applicant, its affiliates, successors and assigns. 124 125 INTRODUCED, READ, AND APPROVED on First Reading by the Town Council of the 126 Town of Snowmass Village, Colorado on this 1st day of February, 2010, upon a motion made 127 by Mayor Boineau and the second by Council Member Butler, upon a vote of 3 in favor and 2 128 opposed. Council Members Mordkin and Lewis opposed. 129 130 READ, APPROVED AND ADOPTED on Second Reading by the Town Council of the 131 Town of Snowmass Village, Colorado on this 22 day of February, 2010, upon a motion made 132 by Council Member and the second by Council Member upon a 133 vote of in favor and opposed. 134 TOWN OF SNOWMASS VILLAGE 135 136 137 138 ATTEST: Bill Boineau, Mayor 139 140 141 142 Rhonda Coxon, Town Clerk 143 144 APPROVED AS TO FORM: 145 146 TC Ord 10 -02 Page 4 of 4 147 148 John C. Dresser, Jr., Town Attorney Exhibit "A" TC Ordinance No. 02, Series of 2010 (Page 1 of 4) Parcel D, East Village PUD [Amended PUD Guide] Parcel Acreage: .997 Acres The use and ail 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 and the building envelope shall be as shown on the attached Building Envelope and 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. Along the walls of the existing basement defined by the bubble on Diagram 1, only light wells may be permitted as necessary to provide required light and egress as minimally required by the Town building code. With the exception of light wells, the current finished grade along the north side shall not be modified by more than thirty six (36 inches) from its present condition as shown on Diagram 1. b. On the south side of the existing basement, grading and daylighting of the basement area shall be permitted in a way that is consistent with the attached Diagram 1. Exhibit "A" TC Ordinance No. 02, Series of 2010 (Page 2 of 4) c. With the exception of any basement window well casements, no structural modifications to the basement habitable space or below -grade foundation wall may extend beyond the existing footprint of the building. For the avoidance of doubt, the foregoing does not prohibit patios or rear yard grading on the south side of the existing basement. d. 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. e. 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. Additional subgrade floor area may be allowed pursuant to the Floor Area Excise Tax provisions of the Municipal Code. 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 requirements if and when it is converted to residential use. Notice to Owners and Occupants of Parcel D Parcel D is adjacent to an active ski area and a commercial area. As such, Parcel D will be impacted by ski area operations and commercial activities associated with those operations, including, but not limited to, snowmaking, snow grooming, lift operations, the maintenance, repair, replacement or re- grading of skiing areas and facilities, patrons skiing near Parcel D, permitted commercial activities, and public and private transportation and parking. d� a� o 0 o N N i d d M ai I O y LJJ G Z W A L E a Q LAJ N 11140N CL. g uj J E.i W 3 CD uj cm a _sa mac a oz"i. •tea' 'j E i V c C u t- C Q V V C G r o o N Q O Vi C V O ti L Q G Q L N 'S 0 c F O d HibON c o LLI v I I W 6t7 A Z a W •�i1Qa 50 W T o Iro I i� tD O Uto 1 o aY.i u�. a�i�� ll r r I r l i I L6 Q Li! Ff Q co f i y I J I �II J II I N"..� 4 s 5>��� i m 1p C r Lk lk I t i r w 41Fi 1�„1 /r i t L cx c 0 a IL EE U 0 1 c U c 0 v C, C C MEMORANDUM TO: Snowmass Village Town Council FROM: Russell Forrest, Chris Conrad, David Peckler, Lesley Compagnone DATE: February 22, 2010 SUBJECT: COMPREHENSIVE PLAN APPROVAL I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Staff is requesting that the Town Council A. Review the final format of the Comprehensive Plan and approve on second reading Ordinance 1, Series of 2010 approving the Comprehensive Plan. II. BACKGROUND Goals for 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 a comprehensive plan 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 identified in Chapter 3, Transportation Plan, and Employee Housing Needs) that needs to be updated 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. III. PITKIN COUNTY COMMENTS On first reading, Council directed staff to incorporate Pitkin County staff and Commissioner comments. TOSV staff closely reviewed the comments and changed where appropriate. The following text outlines exactly what the comments where and where to find them in the Comprehensive Plan. Council can direct staff to make further changes in response to the County's comments. The following comments referenced as "changes in document" have been incorporated into the Plan: Comment 1 BOCC recommendation (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. Governingjurisdictions should evaluate land use decisions and mitigate their impacts in a way 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 TOSV Response /Changes in the document: The request was broken into subject areas and added by topic to the corresponding chapter. A change was made in Chapter 10, on page 41, as Environmental Resources Action 11. The Action states: "The Town of Snowmass Village will engage Pitkin County in future discussions on drafting an Inter Governmental Agreement and also discuss water quality issues." "The Town of Snowmass Village will coordinate and work with, the Snowmass Village Water and Sanitation District on issues relating to water quality" was added as Environmental Resources Action 12 on page 41. And on page 43, a new action was added: "The Town of Snowmass Village will work with regional partners toward the development, where feasible, of transit oriented development at major transportation nodes." Comment 2 BOCC Recommendation (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 is 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. Staff Response /Changes in the document: The reference to Highway 82 Intercept Lot was removed from the sentence: "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" in Transportation Action 9 on page 43. On page 43, a new action was added: "The Town of Snowmass Village will work with regional partners toward the development, where feasible, of transit oriented development at major transportation nodes." "Furthermore, the Town may explore opportunities for creating transit oriented development, particularly affordable housing at this location, with Pitkin County" was removed from page 23 24. Comment 3 BOCC Recommendation (Water): Chapter 6, (Environmental Resources) We recommend that Chapter 6, (Environmental Resources) and Chapter 10, (Actions Implementation) include policies and implementation items respectively, that ensure that the Town will address and contribute to the protection and enhancement of minimum stream flows and water quality for Brush Creek and Snowmass Creek; and to ensure that existing and future development will not contribute to degradation of water quality and/or depleted flows in Brush Creek. We recommend that storm water runoff from existing and future development be monitored and addressed as part of overall stream water quality protection. Staff Response /Changes in the document: Additional language was added to the text to strengthen the town's position on water quality. In addition, the Snowmass Water and Sanitation District supplied replacement language for two areas of the document. In Chapter 10, "The Town of Snowmass Village will engage Pitkin County in future discussions on drafting an Inter Governmental Agreement and also discuss water quality issues" was added on page 41 as Environmental Resources Action #11. "The Town of Snowmass Village will coordinate and work with, the Snowmass Village Water and Sanitation District on issues relating to water quality" was added as Environmental Resources Action 12 on page 41. The Water and Sanitation district supplied new language that replaced the previous language found in Chapter 6 page 20: Water Water service within Snowmass Village is provided by the Snowmass Water Sanitation District (SWSD). SWSD currently serves approximately 5,000 equivalent residential units (EQRs) in the Snowmass Village area. Upon completion of projected development or redevelopment of portions of Snowmass Village, including Base Village, Sinclair Meadows, the Entryway, Snowmass Center, and West Village, approximately 1,100 EQRs will be added to the District's water system, bringing total water service levels to approximately 6,100 EQRs. SWSD recently conducted a review of its water service capabilities. While water and wastewater treatment capabilities appear adequate to serve existing and foreseeable future development, raw water availability and storage capacity significantly constrain future development potential. According to SWSD's recent water supply analysis, after reconstruction and enlargement of Ziegler Reservoir are complete, SWSD will be able to reliably serve approximately 6,200 EQRs. The most significant constraint insofar as future water service potential at this time is the limited legal and physical availability of raw water of satisfactory quality for treatment at peak demand times. The following was the recommended language for Appendix 5, page 59 that replaced the prior language reviewed on the topic. Snowmass Water and Sanitation District The Snowmass Water and Sanitation District (SWSD) is a special district that was formed in June 1966 to provide water and sewer service for the Snowmass Village area. a. Raw Water. SWSD currently provides water service to approximately 5,000 equivalent residential units (EQRs). SWSD's primary raw water source is surface water from the Snowmass Creek basin. Available raw water supplies are limited due to a variety of factors, including natural weather variations, other water rights demands, and limited available storage capacity. In order to firm up the reliable yield of raw water to its present and future customers, SWSD has acquired and is in the process of reconstructing and expanding Ziegler Reservoir to hold additional raw water with an estimated project budget of $10,000,000. Upon completion, SWSD's engineers presently estimate that available raw water supplies will be sufficient to serve about 6,200 EQRs. Beyond this level of service, raw water availability and storage capacity appear likely to continue to significantly constrain additional development within the Snowmass Village area. b. Water Treatment and Distribution. SWSD's Water Treatment Plant (WTP) capacity and potable water storage were established by analyzing peak demand for water, fire flows, and emergency storage during a major system failure. SWSD has 5.2 million gallons (16 acre feet) of potable water storage. The WTP can treat 4.7 million gallons per day (mgd) and has an ultimate design capacity of 5.1 mgd. Potable water storage tanks totaling in aggregate of approximately 6.2 million gallons are located in various pressure zones to allow SWSD to manage water distribution during peak demand periods or during exigent circumstances. Although overall WTP capacity is adequate to accommodate foreseeable growth, additional storage may be needed in certain pressure zones depending upon future development patterns. C. Sewage Treatment. SWSD operates a Waste Water Treatment Plant (WWTP) that performs primary, secondary, and advanced treatment at a capacity of 3.2 million gallons per day. The WWTP is a mirror image 1.6 million gallon bifurcated system which allows SWSD to utilize the minimum capacity for its primary, secondary and tertiary treatment. Present WWTP capacity appears adequate to accommodate foreseeable growth in Snowmass Village. Comment 4 BOCC Staff recommendation (Open Space Trails): Chapter 5 (Community Services, Facilities Amenities) Recognizing that the TOSV trail system connects to other trail systems in the Valley, we recommend that Chapter 5 (Community Services, Facilities Amenities) and Chapter 10 (Actions Implementation) be amended to include policies and action items to the following effect: Coordinate with Pitkin County OST, USFS and other appropriate entities to ensure that trail connectivity between TOSV and surrounding communities and public lands are maintained and managed to provide a seamless, coordinated trail system. In order to accommodate future opportunities for acquisition of open space properties and interests, explore new open space funding opportunities, which may include collaborative efforts and initiatives for bonding or other funding mechanisms. Chapter 6, (Environmental Resources) We recommend that Chapter 6, (Environmental Resources) and Chapter 10, (Actions Implementation) include policies and implementation items that direct coordinated management of adjacent TOSV and Pitkin County open space and conservation lands. The end -goal of coordinated management is to manage the land as a contiguous landscape for wildlife habitat; to protect and enhance wildlife habitat, scenic open space, and where appropriate, public recreation. Recent developments indicate a need to cooperatively develop and/or enforce hunting regulations on contiguous open space parcels. Chapter 10, (Actions Implementation) We support inclusion of an action item to support the stated goal of completing an inventory of the Town's open space holdings, and their legal restrictions; and obtaining perpetual protection for any key open space parcel (including Horse Ranch) that is not adequately protected from future development. Map 6.6 Brush Creek Impact Zones This map depicts an "Agricultural Uses" circle on the County owned Seven Star property and private land that is under a conservation easement to the County. Lands in the area covered by that circle are being restored to native vegetation. We recommend that the circle be relabeled "Habitat Restoration" or "Natural Habitat Map 6.11 and 6.12 Trails and Open Space We recommend the following modifications to these maps: Add Brush Creek Trail (paved bike path from Hwy 82 to just below roundabout); Add the Hwy 82 underpass to illustrate connectivity of the TOSV trail system to the valley floor It is not clear what the "Other Route" symbol represents. If "other routes" are not open to the public, then we recommend that they be removed to eliminate confusion as to where the public may or may not gain access to trails and other public lands. There are several locations where these routes are mapped across OST managed County open spaces, where there is no maintained public trail. Please coordinate with the Pitkin County Open Space Department before finally publishing the map to ensure that information depicted is accurate. Map 6.13 Environmental Sensitivity We recommend that the following additions be made to the map to represent environmentally sensitive wildlife areas: Elk production areas, including the elk migration corridors in the Wildcat /Cougar Canyon subdivision; All of the Mule Deer Migration Corridor at the Glendale Divide area. Staff Response /Changes in the document: No issue with adding an action item to inventory open lands. It was discussed during the process. Bullet 1 may be added to the first bullet under section 5.3 Policies on page 18 and also added as Community Services, Facilities, and Amenities Action Item #4 on page 41. Bullet 2 is addressed adequately in Environmental Resources Action Item #4 on page 41. "Coordinate with Pitkin County OST, USFS and other appropriate entities to ensure that trail connectivity between TOSV and surrounding communities and public lands are maintained and managed to provide a seamless, coordinated trail system" was added to the first policy bullet for Chapter 5 on page 18 and also inserted as Community Services, Facilities, and Amenities Action Item #4 on page 41. Chapter 10 (Actions Implementation) was amended to include policies and action items to the following effect: "Coordinate with Pitkin County OST, USFS and other appropriate entities to ensure that trail connectivity between TOSV and surrounding communities and public lands are maintained and managed to provide a seamless, coordinated trail system." The change made to the first bullet under section 5.3 Policies on page 18 and also added as Community Services, Facilities, and Amenities Action Item #4 on page 41. A change was made in Chapter 10, on page 41, as Environmental Resources Action 11. The Action states: "The Town of Snowmass Village will engage Pitkin County in future discussions on drafting an Inter- Governmental Agreement and also discuss water quality issues." The direction to "Inventory open lands and document their legal restrictions" was added as the last policy bullet Chapter 6, (Environmental Resources) on page 21 and also to page 41 of Chapter 10, (Actions &Implementation) as Environmental Resources Action 10. The trail maps were modified to remove the "other route highlight Brush Creek Trail, and to display the interaction of the trail system in the Highway 82 Corridor/Roaring Fork Valley. Mapping was adjusted to remove areas without data from the display. NO Change to the document: The request to change "Agricultural Use" to "Habitat Restoration" or "Natural Habitat" on Map 6.6 was not made. Staff feels that "Agricultural Use" is an appropriate description and the current deed restriction on the land is seen to adequately protect the property. Comment 5 BOCC Recommendation (Transportation): Chapter 8, (Transportation) Future construction of Base Village, along with any additional development and redevelopment will continue to increase the load to Brush Creek and Owl Creek Roads. Pitkin County does not have the funding available to implement a pavement management program that would keep up with the damage to these roads. Consequently, we recommend that a policy and implementation item be added to Chapter 8, (Transportation) and Chapter 10 (Actions and Implementation,) to acknowledge the need for the Town of Snowmass Village to monitor and mitigate for impacts of existing and future construction on Brush Creek and Owl Creek Roads. Cost sharing for maintenance should be explored as a mechanism for maintaining the function of these roads at an optimum level of service. Furthermore, we recommend that the Plan recommend the adoption of a transportation impact fee to offset the impacts of new development on Roads. Staff Response /Changes in the document: Base Village did make payment for significant improvements to Brush Creek Road and the Intercept Lot. Staff is open to discussion and potentially develop an Inter- governmental Agreement to further address concerns. The statement: "TOSV acknowledges the need for Pitkin County and the Village of Snowmass to work collectively in monitoring impacts to Brush Creek Road including stretches within and outside town limits." was added at the top of the first column, last sentence on pg 32. The statement "The Town will work collectively with Pitkin County in monitoring the construction impacts of Brush Creek Road" was added as a final bullet on page 34 and was also added as Transportation Action 12 on page 43 (with the responsible department: transportation and planning, priority: ongoing). IV ACTION REQUESTED OF COUNCIL Town Council is requested to approve on second reading the Update to the Comprehensive Plan. 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 10 -01 Ordinance Page 2 of 3 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 1.6A- 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 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 Mordkin, the second of Council Member Wilkinson, and upon a vote of 5 in favor and 0 opposed. READ, APPROVED AND ADOPTED as amended, by the Town Council of the Town of Snowmass Village on Second Reading on February 22, 2010 upon a motion by Council Member the second of Council 10 -01 Ordinance Page 3 of 3 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 To: Snowmass Town Council From: Russ Forrest Date: February 22, 2010 Subject: Discussion on an Urban Renewal Authority 1. INTRODUCTION The Town Council has requested a follow -up discussion on the creation of an Urban Renewal Authority (URA) in Snowmass Village. Staff has invited Paul Benedetti to the meeting to review the process for creating an Urban Renewal Authority and to respond to questions from the Council on the risks and opportunities associated with the creation of a URA. The purpose of an Urban Renewal Authority is to remove or eliminate "blight' in a community. The reasons that communities in the State of Colorado have created URAs include: Using the URAs powers of condemnation, properties can be acquired to remove a blighted condition, typically with the assistance of a private development partner. Utilizing a financing tool called Tax Increment Financing to fund public improvement in a URA district. 2. BACKGROUND On September 14, 2009, the Town Council received a presentation by Paul Benedetti who is an attorney with significant experience in creating Urban Renewal Authorities. The purpose of the presentation was to provide an overview of the potential benefits and risks associated with creating an Urban Renewal Authority. The purpose of the discussion was to determine if the creation of an Urban Renewal Authority in Snowmass Village would be helpful in addressing the partial completion of structures in Base Village and the visual and economic impacts associated those incomplete structures. After reviewing the process for creating a URA, the Town Council elected to take no further action at the time. Now in February of 2010, there does not appear to be a solution for moving forward with the development of Base Village. Council has again asked to have a conversation about the process to determine if a URA is a potential tool to facilitate development to move forward in Base Village. 1 3. SUMMARY OF CONSIDERATIONS: A. What is the legal process for creating a URA? Attachment A is summary of the legal process for creating a URA provided by Paul Benedetti. The process is very involved and requires multiple legal notices. The Two major steps for creating a URA include: 1) Creating the Authority 2) Developing and adopting a plan for a geographic area that can provide powers to create a tax increment financing district and to condemn land. B. What are the basic powers of a URA URA's has the power to: Issue bonds Create a Tax Increment Financing District Undertake redevelopment projects Develop plans for redevelopment to submit to the Town Council Acquire property Condemn property C. What is involved in determine if an area meets the legal definition of "blight" The determination that an area meets the criteria of the Colorado Urban Renewal Law is a cumulative conclusion attributable to the presence of several physical, environmental, and social factors. Indeed, blight is attributable to a multiplicity of conditions, which, in combination, tend to accelerate the phenomenon of deterioration of an area. The definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law, as follows: "Blighted area" means an area that, in its present condition and use and, by reason of the presence of at least four (5 are required if eminent domain is authorized) of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe conditions; e. Deterioration of site or other improvements; 2 f. Unusual topography; g. Defective or unusual conditions of title rendering the title non marketable; h. The existence of conditions that endanger life or property by fire and other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidations, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; or k. Inadequate public improvements or utilities. Several principles have been developed by Colorado courts to guide the determination of whether an area meets the criteria under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. The definition of "blighted area contained in [the Urban Renewal Law] is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration." Second, the presence of one well maintained building does not defeat a determination that an area constitutes a blighted area. A determination of blight is based upon an area "taken as a whole," and not on a building -by- building basis. Third, one of the purposes of the Urban Renewal Law is to prevent future decline of an area. Therefore, an area need not evidence widespread dilapidation to qualify as blighted so long as factors which lead to further decline are present. Fourth, an authority's "determination as to whether an area is blighted is a legislative question and the scope of review by the judiciary is restricted." A court's role in reviewing such a blight determination is simply to independently verify if the conclusion is based upon factual evidence and consistent with the statutory definition. D. How large or small should a URA District be? If TIF is used this becomes a very important question. The area of the district must meet the conditions as specified above. It can be advantageous to make the area as large as possible to increase the ability to raise TIF funds. However, the larger the area, the more the concern of other taxing entities that the URA will unduly impact them financially. Small targeted districts can be advantageous in working with other taxing entities and can be helpful with public communication and perception. A larger area could be advantageous if the State Law is changed and prohibited or limited the powers of a URA. The creation and adoption of a plan, grandfathers the powers of a URA within that plan area. 3 E. What is Tax Increment Financing (TIF)? Once a URA has been established, the URA is able to adopt a plan to use tax increment financing or TIF. Once a redevelopment district is established and a plan is adopted, the property tax base for the redevelopment district is frozen. This means that after the date of plan adoption, the assessed value to which the mill levy for the town and other taxing jurisdictions (i.e. the water district, fire district, school district, and the county) would be the same each year with adjustment for general reassessments and historical growth. For example, if the assessed value in a redevelopment district is $1 million on the date of plan adoption, then the mill levy for each of the overlapping taxing jurisdictions is applied to that $1 million assessed value each year of the plan. As the properties in the redevelopment district begin to increase in value due to the redevelopment efforts, that increase in assessed value times the combined mill levy of the overlapping taxing jurisdictions goes to the URA. For example, if the assessed value of property in the district increases to $10 million in year 5 of the plan, the taxes derived from multiplying the combined mill levy times the $1 million base go to the overlapping taxing jurisdictions and the mill levy times the $9 million increase goes to the URA. So revenues attributable to redevelopment in the district that would have ended up with the county and other entities through increases in tax revenues, stay in the redevelopment district. The plan can also affect town sales tax revenues, but not state or county revenues. The plan can dedicate sales tax revenues above the base year revenues to the URA. No new taxes are established using TIF nor are taxes increased. The revenues produced by increased property values and increased retail sales activity are simply redistributed to benefit the redevelopment district. The following graph represents how revenues are captured by the redevelopment district. 4 Assessed Values Incremental Assessed Value in Future Years Growth in assessed value captured in redevelopment district Assessed value used by taxing agencies will Base Year Assessed Value continue to increase based on Time general assessment process Once these revenues are captured, this new stream of revenue can be utilized to pay debt service on bonds that are issued by the Authority for public improvements. Bonding is necessary, as it would take a period of time to acquire enough revenue to fund public improvements. Lending institutions generally find TIF a speculative source of revenue and require a higher interest rate compared to general obligation bonds. If TIF is used, significant discussions and negotiations are required with other taxing authorities to simply explain this financing tool. It should be anticipated that other taxing districts initially will see TIF as a threat to their funding. However, the argument for TIF is that this additional incremental revenue would not have been realized if it were not for the redevelopment in the URA District. No new taxes are established using TIF nor are taxes increased. The revenues produced by increased property values and increased retail sales activity are simply redistributed to benefit the redevelopment district. The following graph represents how revenues are captured by the redevelopment district. 5 F. State Legislation on URAs Urban Renewal Authorities and particularly TIF have been controversial and contested issues in the Colorado State Legislature. Nearly every year, bills are introduced to change or limit the powers of a URA. Currently there is a bill that may fundamentally limit the powers of a URA. G. What are the pros and Cons of a URA? Pros: A URA is one of the only means to condemn private development for an economic purpose. A URA is one of the only means to condemn private development for redevelopment by a private third party developer. TIF can provide a source of funding for needed public improvements without an increase in taxes. This makes a project more attractive for a private development partner. TIF takes the additional incremental revenue resulting from public and private improvements to help pay for public improvements in a redevelopment area. This form of public revenue is paid for by the development without increasing taxes (User Pays). Other taxing jurisdictions still get what they receive today in revenue. After the TIF district expires (25 years) the other jurisdictions will receive the full benefit of the growth in property and sales tax. Other TIF Districts in Colorado have generally reported that this financial tool has achieved its goal for funding public improvements. Cons: URAs requires legal, financial, land planning (TIF study), and communication expertise. Consulting services can be significant to implement this financing tool. The process cost can vary dramatically but can range from $50,000 to $80,000 to create the authority and adopt a URA plan. After the Authority is created and a plan adopted, there can be significant additional costs if there is a complicated or unfriendly condemnation action. The URA process can impact relationships with other taxing jurisdictions. Creating a URA requires a declaration of blight that can be problematic in a ski resort. However, URAs exist in several Mountain Towns (Vail, Steamboat) If there is a not a capable private partner the Town most likely will not be able to implement its goals through a URA. 6 If property values and sales tax don't increase with development the authority may not be able to pay for the debt service for the bonds. If real estate continues to be depressed, a private development partner may be difficult to find or if found may not be able to find financing for development. If a URA is used, citizens can be concerned about condemnation. This is a confusing financial tool and it is harder to communicate how this tool works compared to other more traditional revenue sources (sales tax, property tax ect). Attachments: A) Materials prepared by Paul C. Benedetti 7 4 Paul C. Benedetti 2730 Iliff Street Attorney at Law Telephone: (303) 499 -6340 Boulder, Colorado 80307 -3138 Fax: (303) 499 -6408 Email: paul.benedetti @comcast.net URBAN RENEWAL AUTHORITY AND URBAN RENEWAL PROJECTS Caution This is an outline only. It is not intended to be legal advice and may not be relied upon for such purposes. This outline does not contain all of the statutory provisions and case law applicable to urban renewal authorities and urban renewal plans. Please consult the statute for more information and your legal counsel for legal advice. Thank you. I. Formation of Urban Renewal Authority [31 -25 -104 C.R.S.] A. A petition stating a need for URA to function in the municipality signed by at least 25 electors of the municipality must be filed with clerk of the municipality. B. Clerk publishes notice of time, place, and purpose of public hearing at which the governing body of municipality will determine the need for the URA. Notice published at least 10 days prior to date of public hearing in newspaper of general circulation in municipality. If there is no newspaper by posting the notice in at least three public places at least 10 days prior to the hearing. C. Full opportunity to be heard granted to all residents, taxpayers, and other interested persons at public hearing. D. After the hearing, the governing body may adopt a resolution finding: 1. One or more slum or blighted areas exist in the municipality. 2. The acquisition, clearance, rehabilitation, conservation, development, or redevelopment, or combination thereof of such area is necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality. 3. It is in the public interest that the URA for the municipality exercise the powers granted by statute. E. If the governing body adopts a resolution denying the petition, a new petition may be considered if 6 months have elapsed after denial of the original petition. II. Commissioners A. Governing body may designate itself as the URA at time of establishing the URA. A transfer of an existing URA may be accomplished only by a majority vote at a regular general election. [31 -25 -115, C.R.S.] B. The mayor may appoint an odd number of commissioners of not less than 5 or more than 11 members. The mayor shall designate the chair for the first year. 1. The appointments are subject to approval by the governing body. 2. Under this procedure, not more than one commissioner may be an official of the municipality. The term of such official is not affected by the expiration of the term of his or her municipal office. 3. The commissioners first appointed shall be designated to serve for staggered terms so that the term of at least one commissioner will expire each year. Thereafter the term shall be 5 years. A commissioner serves until a successor has been appointed and qualified. 4. A majority of the commissioners constitute a quorum. 5. The mayor files a certificate of the appointment or reappointment of any commissioner with the clerk of the municipality. C. After appointment, the commissioners sign a certificate stating that the governing body has made the findings regarding formation of the URA and has appointed them as commissioners. The certificate is filed with the Division of Local Government in the Department of Local Affairs. D. Upon filing of the certificate with DOLA, the commissioners and their successors are constituted an urban renewal authority. E. A commissioner receives no compensation for serving, but may be reimbursed for expenses, including travel, incurred in discharge of duties. F. After the first year and annually thereafter or when the office becomes vacant, the commissioners select a chair and vice -chair and it may employ a secretary, who shall be executive director, and other officers, employees, or agents. G. A commissioner, officer, or employee of the URA may not acquire any interest in any property or contract in connection with any urban renewal project. Upon disclosure of such an interest the commissioners may make a determination that the conflict will not be contrary to the public interest. H. The mayor, with the consent of the governing body, may remove a commissioner for inefficiency, neglect of duty, or misconduct in office. 2 I. By statute, an urban renewal authority is an independent corporate body. 1. The Colorado Sunshine Act applies to urban renewal authorities. 3. URA is exempt from Article X, 20 of Colorado Constitution (TABOR). III. Powers and Duties of URA (31 -25 -105 C.R.S.] A. The URA has all powers necessary to carry out provisions of UR law. B. URA may sue and be sued, and have perpetual succession (unless terminated under 31 -25 -115, C.R.S.). C. Carry out urban renewal plans and to enter into contracts necessary and convenient to act in accordance with the Colorado UR Law. D. Staffing separate or contract with municipality E. Buy property URA has the power of eminent domain if specifically authorized by the governing body. F. Sell property pursuant to reasonable competitive bidding requirements for sale or disposition to private parties. Enter into redevelopment agreements. IV. Blight Designation r32 -25 -103, C.R.S.] A. At least 4 of the following conditions must be present 5 if eminent domain is authorized by the governing body. 1. Slum, deteriorated or deteriorating structures. 2. Predominance of defective or inadequate street layout. 3. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. 4. Unsanitary or unsafe conditions. 5. Deterioration of site or other improvements. 6. Unusual topography or inadequate public improvements or utilities. 7. Defective or unusual conditions of title rendering the title nonmarketable. 3 8. Conditions that endanger life or property by fire or other causes. 9. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities. 10. Environmental contamination of buildings or property. 11. The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements. B. If there is no objection by the property owners or tenants to the inclusion of property in the UR area only one of the above factors is necessary. C. Any condition found to be present may satisfy as many of the above factors as are applicable to such condition. D. The presence of such factors must be found to substantially impair or arrest the sound growth of the municipality, retard the provision of housing accommodations, or constitute an economic or social liability, and is a menace to the public health, safety, morals, or welfare. E. Upon approval of an urban renewal plan, the plan becomes controlling with respect to land area, land use, design, building requirements, timing, or procedure applicable to the property covered by the plan. F. A substantial modification of an adopted urban renewal plan requires the same procedural steps as for approval of the plan. After the URA has sold or leased real property, however, the right to modify the plan is subject to the legal and equitable rights of the lessee or purchaser and their successors. V. Urban Renewal Plans r31 -25 -107, C.R.S.] A. URA is required to give written notice to property owners in area within 30 days of commissioning a study to determine if area is blighted for the purpose of approving an UR Plan. Governing body finds and declares that plan area boundaries are drawn as narrowly as feasible to accomplish the planning and development objectives of proposed UR area. B. Plan requirements and contents. 1. Must conform with the comprehensive plan. 4 2. Must be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. [31 -25 -103, C.R.S.] C. Proposed plan must be submitted to planning commission for review and recommendations as to conformance with comprehensive plan. D. Notice of public hearing must be published at least 30 days prior to date of hearing. Notice must describe time, date, place, purposes of hearing, and generally outline the proposed urban renewal plan. E. Written notice of the public hearing must be given to all property owners, residents and owners of business concerns in the proposed urban renewal area at their last known addresses at least 30 days prior to the public hearing. F. The proposed plan and impact report that conforms with Section 31 -25- 107(3.5), C.R.S. must be submitted to the county at least 30 days prior to the hearing on the Plan. At public hearing, county may present evidence that proposed development in urban renewal area will create a need for additional county infrastructure and services sharing of TIF is authorized. If disagreement an arbitration procedure is set out in the statute. [Section 31 -25- 107(11), (12), C.R.S.] G. If TIF financing is included in the plan, the school district that includes the urban renewal area must be consulted. H. If relocation is required, a feasible method exists for the relocation of individuals and families in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families. I. If relocation is required, a feasible method exists for the relocation of such business concerns in the Urban Renewal Area or in other areas that are not generally less desirable with respect to public utilities and public commercial facilities. J. The plan must afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise. 5 K. The plan must be approved within 120 days since the commencement of the first public hearing on the Plan. L. If property in urban renewal area was included in a proposed urban renewal plan that was not approved, at least two years must have elapsed since the commencement of the prior public hearing concerning such unapproved plan. M. If urban renewal area consists of open land, special findings are required. N. Additional findings are required if the governing body authorizes the use of eminent domain. O. If the urban renewal plan contains language implementing the statutory TIF provisions, the municipality is required to notify the assessor of that fact. State regulations require delivery to the assessor of a copy of the adopted plan, the resolution or ordinance approving the plan, and a map of the urban renewal area if TIF is part of the plan. VI. Tax Increment (TIF) Financing f31 -25- 107(9) C.R.S.I A. The urban renewal plan may contain statutory language dividing the property tax assessment roll and allocating future revenues in the urban renewal area (or an area later added to the area) for up to 25 years as follows: 1. The total assessed value in the urban renewal area as last certified by the county assessor is established as the base value, and taxing bodies levying taxes in the urban renewal area receive the revenues produced by levy against the base value, as adjusted from time to time as a result of general reassessments. 2. The revenues produced by levy of the taxing bodies against increases in assessed value are allocated to the urban renewal authority to pay indebtedness incurred by the authority in carrying out the urban renewal project described in the plan. B. The plan may also contain language allocating for 25 years all or a portion of the municipal sales taxes collected in the area in excess of the total for the 12 months prior to adoption of the urban renewal plan. C. The governing body of the municipality or the urban renewal authority may enter into an agreement to offset the costs of any additional county infrastructure or services necessary to offset the impacts of the urban renewal project. If the county objects to the use of TIF it may employ an arbitration proceeding (as its sole 6 remedy) to require a sharing of revenues where it can compel such sharing if it can demonstrate additional county infrastructure or costs are required as a result of the project. D. Upon a general reassessment of taxable property or a change in the sales tax percentage levied by the municipality, both the base value and TIF value and the sales tax allocation between the city and the URA are required to be proportionately adjusted in accordance with the assessment or change. E. The TIF mechanism is one of allocation only. 1. Tax rates are not increased. 2. Property taxpayers receive the tax bill they would normally receive and pay at the same rates as other taxpayers. 3. Sales taxpayers pay the same rates of sales tax. 4. Once paid, property taxes are allocated so that each taxing body obtains the product of its tax rate times the base value as calculated each year by the assessor., 5. The URA receives the total of all taxing agency tax rates times the TIF value, if any, and any incremental sales taxes, if made available by the municipal governing body. F. An urban renewal authority may not itself levy taxes [31 -25 -113, C.R.S.] or compel anypublic body to levy taxes. [31-25-107(9)(c), C.R.S.] VII. Plan Implementation A. Implementation of comprehensive plan, zoning, design standards, land use and building requirements and policies. B. Financing and constructing public infrastructure such as streets, sidewalks, utilities, traffic improvements, parking facilities, traffic improvements, flood and drainage control improvements, and parks. C. Land acquisition/disposition. 1. Voluntary acquisition of property. If eminent domain is used, special provisions not covered in this outline must be implemented. 7 2. Land disposition [31 -25 -106, C.R.S.] a. The URA may dedicate real property to public use, with or without compensation, if the public use is consistent with the urban renewal plan. b. A reasonable competitive bidding procedure required for disposition to a private parry. The authority can follow statute or adopt its own. C. URA may invite proposals by publishing invitation for proposals in newspaper of general circulation once each week for two consecutive weeks. d. An authority may dispose.of real property for fair value (not fair market value) taking into account the uses provided in the urban renewal plan; the restrictions upon the land and the purchaser; the covenants, conditions, and obligations assumed by the purchaser or lessee; and the objectives of the plan. D. Rehabilitation and Redevelopment Agreements with private developers. E. Cleanup of contaminated and property, demolition, and site preparation. VIII. Cooperation with Other Public Bodies [31 -25 -112 C.R.S. A. In the planning and execution of urban renewal projects, public bodies are authorized to cooperate with the URA. 1. Selling, leasing, or donating property to the URA. 2. Providing public improvements 3. Planning or replanning and zoning or rezoning all or part of the urban renewal area, or to make exceptions from applicable building regulations. 4. Providing various kinds of financial aid. B. A public body means the State of Colorado or any municipality, quasi municipal corporation, board, commission, authority, or other political subdivision or public corporate body of the state. 8 cc Lo CM CD cm OD COD COD COD ob mm LL CD ca OD cm COD Com I i 1 9D CA Item No. 4: INFORMATIONAL PRESENTATION ON URBAN RENEWAL AUTHORITY (URA) The Town Attorney John Dresser introduced Paul Benedetti, who is presenting to Town Council on the State of Colorado law regarding Urban Renewal Authorities, with an eye to fixing some of the Town projects. Dresser further stated that Mr. Benedetti's is an Attorney practicing exclusively in this area within the State of Colorado. He passed out an outline prepared by Mr. Benedetti, announced that a copy of this outline is available for the public to view and pointed out that the site map relating to this discussion is out for Council to view. Paul Benedetti, Urban Renewal Authority (URA) Attorney provided Town Council with a brief background of his credentials and stated that he has been working in this specialized field for many years and can provide the Council with a copy of his resume upon request. He further commented that an URA is a corporate body similar to a Housing Authority and is not a government entity; it is a public corporation, with a ruling by the Court of Appeals and is not subject to TABOR; it is a body that does not levy taxes but it uses increases in tax revenues in an effort to increase an assessed value of urban renewal areas to pay for project costs; the financing method it uses is one of allocation of tax money. He stated that there is a simple method for forming an Urban Renewal Authority by means of getting 25 electors to sign a petition, a public hearing must be held with proper publication in the newspaper of that hearing, and you have to find that there are one or more blighted areas within the Town. He referred Council to packet page three regarding blight designation. He stated that he has noticed an increase in interest in URAs, due to the tough times we all are experiencing. Blight Designation has to have four of the areas listed on packet page three for approval of a plan, such as in- adequate street layout, faulty lot layout, unsanitary or unsafe conditions, deterioration of site improvements, unusual topography, in- adequate public improvements, title defects, dangerous conditions due to fire or other causes, unsafe buildings, due to building code violations, in- adequate facilities, existence of factors that require high levels of municipal services, and environmental contamination; it is required to have four of these elements to approve a plan. He explained that an unsafe condition can satisfy two of these factors in the statute because of fire or flood endangerment. In response to an inquiry by Council Member Butler, Benedetti stated that one would not just go in and take the land because an URA has nothing to do with public ownership and referred Town Council to the T.I.F. Chart included in his handout today. Benedetti explained that the base year of total assessed valuation is established and every year after that hopefully there is an increase in assessed value and what is allocated to URA the part between the red line stair steps and the green line. The Assessor then sends out to the tax payers (not imposing extra taxes), they just pay the total assessed value and the money is divided between the taxing bodies and the URA (the taxing bodies get everything below the red line and the URA gets everything between the red and the green line); and every other year there is an assessment for inflation a proportion increase for taxing bodies to share as one goes along. Benedetti stated that when you form the Authority you don't worry about T.I.F. or the public hearing to approve the plan but once you get to the point of the conditions survey, most urban renewal plans are simple to implement. You can have more stringent design guidelines if you desire and most cities rely upon their codes, ordinances and policies. Make sure that you are following the Comprehensive Plan, regarding what you are going to do about T.I.F. for property taxes because the State has legislation over property taxes and then it is up to the municipality if want to throw in sales tax increments; "if the municipality is Home Rule you can follow the Statute." Benedetti further explained that an impact study for the county has to be conducted. Aspen Skiing Company Representative Don Schuster inquired if an URA has ever been implemented or applied to a special district, such as a GID or Metro District. In response, Paul Benedetti stated that it can be and it could help pay for public infrastructure. The Town Attorney John Dresser emphasized the timing of how an URA works and stated that one does not necessarily have to do anything with it right away and it is always subject to change at the Legislator; every session has amendments, revisions or repeals introduced, while it is a tool it may not be there for ever. He stated that various districts and counties are not strongly in favor of using this tool for the municipalities. Council Member Butler thanked Paul Benedetti for coming, stated that this information has been extremely helpful from the Town Council's perspective and requested approximately 30 -days for this information to settle. Council consensus requested that staff make a list of options for Council review. MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: February 22, 2010 SUBJECT: Extension of Floor Area Excise Tax (FAET) I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Extend FAET in perpetuity and re- establish the procedures for assessing and collecting the tax. II. SUMMARY OF PROJECT The FAET expires March 22, 2010 and the voters approved extending the tax in perpetuity November 4, 2008. III. BACKGROUND After an initial term of ten years the voters decided to extend the FAET in perpetuity. IV. APPLICABLE REGULATIONS n/a V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV codify the extension approved by the voters? VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council extend in perpetuity the FAET. 1 I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE No. 6 5 SERIES OF 2010 6 7 AN ORDINANCE RE- ESTABLISHING THE PROCEDURES TO ASSESS AND 8 COLLECT THE LIMITED EXCISE TAX ON IMPROVEMENTS IN EXCESS OF THE 9 MAXIMUM ALLOWABLE FLOOR AREA FOR A LOT AS APPROVED BY THE 10 ELECTORS OF THE TOWN OF SNOWMASS VILLAGE ON NOVEMBER 2, 1999, 11 AND EXTENDED IN PERPETUITY BY THE ELECTORS OF THE TOWN OF 12 SNOWMASS VILLAGE ON NOVEMBER 4, 2008 IMPLEMENTING THE SAME BY 13 AMENDMENT TO CHAPTER 4 OF THE SNOWMASS VILLAGE MUNICIPAL CODE. 14 15 WHEREAS, the Town Council proposed the establishment of a limited excise tax 16 for consideration by the electors of the Town, in accordance with the provisions of 17 Section 11.1 Authority to Levy Taxes of the Home Rule Charter, by Resolution No. 34, 18 Series of 1999; and 19 20 WHEREAS, the limited excise tax was considered by the electorate at the 21 November 2, 1999 municipal election as required by the Home Rule Charter, and as a 22 financial question within the meaning of Article X, Section 20 of the Colorado 23 Constitution; and 24 25 WHEREAS, the electors of the Town approved the financial question at the 26 municipal election occurring on November 2, 1999, as follows: 27 28 29 SHALL TOWN OF SNOWMASS VILLAGE TAXES BE INCREASED BY 30 $500,000.00, ESTIMATED FIRST FULL FISCAL YEAR COLLECTION, 31 OR SUCH OTHER AMOUNT THAT SHALL BE RECEIVED ANNUALLY, 32 BY THE ENACTMENT OF A LIMITED EXCISE TAX TO BE ASSESSED 33 ONLY IF THE OWNER OF A LOT DECIDES TO CONSTRUCT, 34 REMODEL, OR EXPAND IMPROVEMENTS IN EXCESS OF THE 35 MAXIMUM ALLOWABLE FLOOR AREA FOR A LOT, OTHER THAN BY 36 VARIANCE, IN DETACHED SINGLE FAMILY RESIDENTIAL AREAS 37 ONLY, PROVIDED THAT ANY SUCH CONSTRUCTION, REMODELING 38 OR EXPANSION THAT IS SUBJECT TO THE EXCISE TAX MAY NOT 39 EXCEED 550 SQUARE FEET OR 10% OF THE MAXIMUM ALLOWABLE 40 FLOOR AREA FOR THE LOT, WHICHEVER IS LESS, AT A SQUARE 41 FOOTAGE EXCISE TAX RATE EQUAL TO THE FAIR MARKET VALUE 42 OF THE IMPROVEMENTS ON THE LOT CALCULATED TO THE 43 SQUARE FOOT, NOT INCLUDING LAND, AS SET FORTH IN THE 44 RECORDS OF THE PITKIN COUNTY ASSESSOR, AND UPON TERMS 45 AND CONDITIONS ENACTED BY THE TOWN COUNCIL FROM TIME 46 TO TIME; AND SUCH EXCISE TAX TO EXPIRE 10 YEARS AFTER 47 ENACTMENT OR SUCH EARLIER DATE AS DETERMINED BY THE 1 48 TOWN COUNCIL; AND REVENUES FROM SUCH EXCISE TAX TO BE 49 RESTRICTED FOR THE ACQUISITION, CONSTRUCTION, 50 REHABILITATION OF AFFORDABLE EMPLOYEE HOUSING, 51 INCLUDING LAND, NOW OWNED OR HEREAFTER ACQUIRED BY 52 THE TOWN AND ANY SUCH AFFORDABLE EMPLOYEE HOUSING SO 53 ACQUIRED, CONSTRUCTED OR REHABILITATED MAY BE SOLD TO 54 QUALIFIED PURCHASERS AS DETERMINED BY THE TOWN 55 COUNCIL; AND SUCH EXCISE TAX REVENUES TO BE COLLECTED 56 AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER 57 APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF 58 THE COLORADO CONSTITUTION? 59 60 ;and 61 62 WHEREAS, the Town Council established the procedures to assess and collect 63 the Limited Excise Tax by adoption of Ordinance No. 2, Series of 2000, which 64 Ordinance provided, inter alia, that the Limited Excise Tax would expire on March 22, 65 2010; and 66 67 WHEREAS, the Town Council proposed the extension in perpetuity of the 68 Limited Excise Tax for consideration by the electors of the Town, in accordance with 69 the provisions of Section 11.1 Authority to Levy Taxes of the Home Rule Charter, by 70 Resolution No. 23, Series of 2008; and 71 72 WHEREAS, the limited excise tax was considered by the electorate at the 73 November 4, 2008 municipal election as required by the Home Rule Charter, and as a 74 financial question within the meaning of Article X, Section 20 of the Colorado 75 Constitution; and 76 77 WHEREAS, the electors of the Town approved the financial question at the 78 municipal election occurring on November 4, 2008, as follows: 79 80 SHALL THE LIMITED EXCISE TAX APPROVED BY THE VOTERS OF 81 THE TOWN OF SNOWMASS VILLAGE ON NOVEMBER 2, 1999, AND 82 ENACTED BY THE SNOWMASS VILLAGE TOWN COUNCIL ON 83 MARCH 6, 2000 BY ORDINANCE NO. 2, SERIES OF 2000 BE 84 EXTENDED IN PERPETUITY, THE USE OF THE REVENUES DERIVED 85 THEREFROM TO CONTINUE TO BE RESTRICTED FOR THE 86 ACQUISITION, CONSTRUCTION, REHABILITATION OF AFFORDABLE 87 EMPLOYEE HOUSING, INCLUDING LAND, NOW OWNED OR 88 HEREAFTER ACQUIRED BY THE TOWN AND ANY SUCH 89 AFFORDABLE EMPLOYEE HOUSING SO ACQUIRED, CONSTRUCTED 90 OR REHABILITATED MAY BE SOLD TO QUALIFIED PURCHASERS 91 AS DETERMINED BY THE TOWN COUNCIL, SUCH EXCISE TAX 92 REVENUES TO CONTINUE TO BE COLLECTED AND SPENT 93 WITHOUT LIMITATION OR CONDITION AS A VOTER APPROVED 2 94 REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE 95 COLORADO CONSTITUTION? 96 97 and 98 99 WHEREAS, the Town Council received and considered comment regarding the 100 procedures from the public at the public hearing, and comment and recommendations 101 from the Town Staff in 1999 and 2000 while considering Ordinance 2, Series of 2000 102 and there are no changes in such procedures proposed herein; and 103 104 WHEREAS, the Town Council finds that the adoption of this Ordinance is 105 necessary for the immediate preservation of the public health, safety and welfare. 106 107 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 108 Snowmass Village, as follows: 109 110 1. The Limited Excise Tax approved by the voters of the Town of Snowmass 111 Village on November 2, 1999, and enacted by the Snowmass Village Town 112 Council on March 6, 2000 by Ordinance No. 2, Series of 2000, is hereby 113 extended in perpetuity, as approved by the electors of the Town of Snowmass 114 Village on November 4, 2008. 115 116 2. The procedures to assess and collect the limited excise tax on improvements 117 in excess of the maximum allowable floor area for a lot established by 118 Ordinance No. 2, Series of 2000 are hereby re- established in perpetuity. 119 120 3. The use and allocation of such revenues derived from the Limited Excise Tax 121 shall continue to be restricted for the acquisition, construction, rehabilitation of 122 affordable employee housing, including land, now owned or hereafter 123 acquired by the Town and any such affordable employee housing so 124 acquired, constructed or rehabilitated may be sold to qualified purchasers as 125 determined by the Town Council, such excise tax revenues to continue to be 126 collected and spent without limitation or condition as approved by the electors 127 of the Town of Snowmass Village. 128 129 4. If any provision of this Ordinance or application hereof to any person or 130 circumstance is held invalid, the invalidity shall not affect any other provision 131 or application of this Ordinance which can be given effect without the invalid 132 provision or application, and, to this end, the provisions of this Ordinance are 133 severable. 134 135 136 READ, APPROVED AND ADOPTED by the Town Council of the Town of 137 Snowmass Village on First Reading on February 22, 2010 upon a motion by Council 138 Member the second of Council Member 139 and upon a vote of in favor and against. 3 140 141 READ, APPROVED AND ADOPTED by the Town Council of the Town of 142 Snowmass Village on Second Reading on March 1, 2010 upon a motion by Council 143 Member the second of Council Member and 144 upon a vote of in favor and against. 145 146 147 148 149 150 TOWN OF SNOWMASS VILLAGE 151 152 153 154 155 Bill Boineau, Mayor 156 157 158 159 ATTEST: 160 161 162 163 164 Rhonda B. Coxon, Town Clerk 165 166 167 168 APPROVED AS TO FORM: 169 170 171 172 173 John C. Dresser, Jr., Town Attorney 174 175 176 177 178 179 180 181 182 183 4 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: FEBRUARY 22, 2010 Council Meetings Starting at 5:00 Staff wants to confirm that the Town Council would like to start its March 1, 2010 meeting at 5:00 p.m. and continue to start its regular meetings at that time into the foreseeable future. EOTC Budget Staff is revising Resolution 13, Series of 2010 by removing the last paragraph referencing the reservation of two thirds of the remaining bondable revenue from the County' /z Cent Sales and Use tax for the Entrance -to -Aspen reserve fund. The EOTC budget will be presented to Council with these changes on March 1, 2010. Staff hopes that this change will address Council's desire to discuss possible alternatives to subsidize the fare for the service, while at the same time allowing the EOTC to move forward meeting obligations to RFTA and other entities for the provision of services year -to -date. Staff has been working to arrange a meeting with representatives from the City, County and RFTA to discuss possible solutions to continue funding the fare subsidized service between Aspen and Snowmass Village. Marijuana Decriminalization Following the introduction of this topic at a recent Council meeting, the Police Department has received a number of inquiries about this issue from the public and the local press. In response, they have pointed out that Measure 2F that was passed by the voters in Breckenridge was to remove the criminal penalties that were in their Municipal Code for the possession of less than an ounce of marijuana. The Town of Snowmass Village Municipal Code does not contain any specific penalties or restrictions regarding the use of marihuana. Consequently, there is nothing to "decriminalize" at our local level. On another note, the supporters of the Measure in Breckenridge felt that the approximately 100 municipal prosecutions for the possession of less than an ounce of marijuana since 2006 was an unnecessary use of their police resources. To the best of Chief Smythe's recollection, the last time our Police Department issued someone a summons to County Court for simple possession of a small amount was in 1995 and that was in response to a citizen complaint about open use in the Mall. Clearly, this is not a focus of their enforcement efforts. The decriminalization of small amounts of marihuana possession is a worthwhile topic for public debate and if there are people in our community that support it, we would encourage them to support the ongoing efforts at the State level. Pedestrian Safety Improvements on Brush Creek at Creekside /Mountain View Due to changes in our shuttle bus routing through the employee housing complexes in this area, there has been an increase in pedestrian activity along Brush Creek Road. In response, the Police Department has requested that additional warning signs be placed in the area to provide better notice to approaching motorist. The Police and Transportation Departments will continue to monitor this situation and additional measures such as designated crosswalks and advisory speed limits remain as future options if warranted. The new warning signs should be up within a week. Joint Meeting with MS &GS Board and Town Council DATE: February 8, 2010 TO: Snowmass Village Town Council Members FROM: Robert Sinko, Chairperson Marketing, Special Events Group Sales Board CC: MS &GS Board; Russ Forrest; Snowmass Tourism Staff RE: March 1, 2010 Council Board Meeting To ensure our Board and Staff focus attention on the key points you wish to discuss together on March 1, 2010, I have outlined our understanding of proposed topics below: Funding Philosophy. Provide information and discuss rationale regarding the current funding philosophy, primarily around winter marketing, winter events, summer marketing and summer events. Special Events. Share summer schedule and overview expenses revenues. Measurement. Provide information about current metrics, other possible tools to be used in the future, and constraints. Communications. Reconfirm the best methods and frequency of communications to keep Council comfortably informed of Board activity are: two face -to -face meetings per year (October and April); two quarterly reports (January and July); and ongoing distribution of Board Meeting Minutes to Council. A proposed format for the quarterly reports will be presented in the March 1 meeting. Please email me any changes or comments Roberts a,thecrestwood.com and copy Russ Forrest and Susan Hamley) or provide your input to Russ in the February 22 Council meeting and we will prepare accordingly for the March 1 joint meeting. Thank you. PUBLIC FINANCE ADVISORY SHERMAN AND HOWARD Proposition 101 and Amendments 60 and 61 What to do in 2010? Proposition 101 and Amendments 60 and 61 have been certified for the November 2010 ballot by the Colorado Secretary of State. Each of these initiatives would put significant new restrictions on the finances of the State of Colorado and its local governments. For more information on the impact of the initiatives if they are approved, please see Sherman Howard's webinar and related materials available by clicking here This Client Advisory describes some of the practical steps that governments may choose to take between now and November 2010 to be prepared if one or more of the initiatives is approved. 1. A State level borrower or local government that has financing plans calling for new capital projects or planned refinancings in the next couple of years should consider revisiting those plans in light of the potential passage of Amendment 61. Obligations issued before the end of 2010 would not be subject to new significant financing restrictions that would be imposed by Amendment 61 if it is adopted. If a potential financing would require voter approval, governments should consider seeking authorization for that financing in 2010. This way, if Amendment 61 is approved, the government would have the option to complete the financing in the final two months of 2010 without the additional restrictions of Amendment 61. If Amendment 61 is approved, the State and State -level authorities, enterprises, and other entities will be prohibited from virtually all financing activities. In addition, local governments: Would not be able to undertake a non enterprise financing if all of its outstanding obligations, including general obligation bonds, revenue bonds, and obligations subject to annual appropriation, when combined, exceed 10% of the assessed value of the real property included within the government's boundaries; Would only be able to undertake financings consisting of bonded debt; Could only enter into enterprise, lease- purchase, and urban renewal authority financings (among others) with voter approval; Could only issue obligations that mature in no more than ten years and are subject to prepayment at any time; Could only refund a prior transaction with voter approval, even if the refunding bonds carried a lower interest rate; and Would have to seek authorization for debt in a separate election question from a property tax increase that would be used to pay that debt if Amendment 60 also is approved. An additional reason exists to accelerate borrowing plans into 2010 if a government intends to issue Build America Bonds under federal law. The subsidy of 35% of the interest payable by the federal government may decrease if the program is extended past December 31, 2010. 2. Any 501(c)(3) nonprofit organization or other private entity planning to utilize tax- exempt private activity bonds and any State or local issuer of private activity bonds should prepare to complete any transactions scheduled for the next few years in 2010, if possible. As described above, Amendment 61 places significant new restrictions on borrowing that would take effect in 2011. Amendment 61 applies to "any loan" for "any reason." Previous restrictions on governmental borrowing, such as those in Article X, Section 20 of the Colorado Constitution "TABOR have been interpreted not to include private activity bond financings because the governmental issuer has no pecuniary liability to repay the bonds. However, the restrictions of Amendment 61 apply to a broader class of obligations than TABOR or any other law, and it is possible that these restrictions will apply to conduit financings as well. 3. If a government has obligations with a final maturity in 2011 (including short -term obligations such as tax or revenue anticipation notes), it should consider preparing to prepay those obligations no later than December 2010 to avoid triggering a decrease in revenue if Amendment 61 is approved. If Amendment 61 is adopted, governments will be required to reduce their tax revenues upon the full repayment of a financing in an amount equal to the average repayment cost of the financing. This reduction is required even if the obligation is not repaid with taxes. However, this reduction will not be required for obligations finally repaid prior to 2011. 4. Any State or local borrower with outstanding interim financing should be prepared to convert to permanent financing prior to 2011. Amendment 61 would prohibit any borrowing from continuing past its original term. Therefore, after 2010, any short -term financing such a construction loan could not be converted into a permanent financing with a later maturity date. 5. A government that has outstanding variable rate debt secured by a letter of credit or standby bond purchase agreement that will expire before the debt is repaid should consider extending the term of the liquidity facility or converting the debt to a fixed rate during 2010 to avoid a potential inability to execute a new liquidity facility if Amendment 61 is approved. As described above, Amendment 61 places significant new restrictions on borrowing that would take effect in 2011. Because these restrictions would apply to "any loan" in "any form" it may not be possible for a borrower to obtain a new letter of credit or standby bond purchase agreement to replace an existing liquidity facility after 2010 without treating the new obligation as a loan under Amendment 61. If that is the case, a new liquidity facility could be prohibited for State level borrowers and subject to new restrictions for local government borrowers. Depending on the terms of a particular borrowing, the inability to replace a liquidity facility can have very negative results for the issuing government. Generally, the outstanding bonds will be purchased by the expiring liquidity provider and will then bear interest at a "bank rate" that is significantly higher than the current rate on the bonds. In some situations, the bonds will also mature more quickly than the government will be able to pay, and the other restrictions of Amendment 61 may prevent the government from refinancing the bonds. 6. If a local government is considering asking its voters for a property tax increase as a sustainable source of revenue as part of its long term plans, it may be worthwhile to submit the election question for that increase in 2010. If Amendment 60 is adopted, any property tax increase after 2010 must expire within ten years. A property tax increase election that is properly conducted under TABOR in 2010 will not be subject to the ten -year limitation that will take effect in 2011 if Amendment 60 is approved. 7. Local governments that are considering submitting a property tax increase to their voters this year should be aware that the dollar amount listed in the election question may become a limit for all future years, and should size the dollar amount accordingly. Amendment 60 would cause the expiration of property taxes "exceeding the one annual fixed, final, numerical dollar amount first listed in their tax increase ballot title." Under the Colorado courts' current interpretation of TABOR, local governments may authorize a property tax increase of a certain dollar amount for the first year that may subsequently grow in future years based upon the growth of the assessed valuation of the local government. For example, a tax increase question can authorize an increase of property taxes by $100,000 in the first year and by whatever amount is generated in future years by a mill levy of 5 mills. In that case, if 5 mills generates more than $100,000 after the first year, governments may generally retain the entire amount without regard to the $100,000 limit in the first year. Amendment 60 would change this law so that no government could collect an amount greater than the dollar figure listed in the election question. 8. Local governments should be aware that any election to retain property tax revenues above the TABOR limit (often called "debrucing" elections) approved in 2010 or before would be voided by Amendment 60. Amendment 60 states that "Starting in 2011... prior actions to keep excess property tax revenue are expired." Therefore, even a property tax debrucing that occurs in 2010 will likely be considered a "prior action" in 2011 when Amendment 60 would take effect and would be voided if Amendment 60 is approved. 9. A local government that submits an election question to its voters seeking the extension of an expiring property tax in 2010 should consider using the full tax increase mechanism in TABOR to decrease the likelihood of the extension becoming void if Amendment 60 is approved. Under current Colorado law, an election to extend an expiring tax is not a "tax increase" for TABOR purposes, and therefore the election need not comply with the TABOR provisions relating to tax increase elections. However, Amendment 60 would cause the expiration of property tax rates approved after 1992 without following the TABOR procedures for tax increases, which may include property taxes that have previously been extended without following those procedures. 10. Local governments that rely upon property taxes or fees charged against property and which have unelected boards should consider whether it would be advisable (and whether it is possible under law) to change their boards to an elected board in 2010. Amendment 60 also states that unelected boards may not impose mandatory fees or taxes on property. Otherwise, the government will be unable to collect any mandatory fees or taxes beginning in 2011 if Amendment 60 is approved. 11. if a special district wishes to submit property tax or debt questions at a spring election, it should consider doing so at the May 2010 election, as this may be the last opportunity to do so if Amendment 60 or Amendment 61 is approved. Under current Colorado law, special districts generally hold their regular elections in May of even numbered years. Special districts may submit tax and debt increase questions to their voters at those elections. Amendments 60 and 61 would change this to allow property tax and debt questions only at November elections. If you have any questions regarding this article or its possible impact on your activities and operations, please contact your Sherman Howard attorney or one of the attorneys in our Public Finance Group Sherman Howard has prepared this advisory to provide general information on recent legal developments that may be of interest. This advisory does not provide legal advice for any specific situation. This does not create an attorney- client relationship between any reader and the Firm. If you want legal advice on a specific situation, you must speak with one of our lawyers and reach an express agreement for legal representation. Did you receive this as a forward? To subscribe for future emails click here If you no longer want to receive emails from Sherman Howard Public Finance Advisory please Opt-Out 2010 Sherman Howard L.L.C. Pending Strategic Actions Last Updated February 16, 2010 Staff Action Status Date to follow -up w/ Contact Council Land Use Comp. Plan Comprehensive Comp Plan approved in first reading. The February 22 2010 Team Plan Update Pitkin County Commissioners are currently reviewing it and will have comments to us within the next few weeks. Second reading moved to February 22 nd 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 March 1, 2010 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 February 22, 2010. 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 To be scheduled Department nexus study and can begin to work with the after anticipated Town on a new housing policy. The Planning adoption of the Commission is also reviewing housing goals Comprehensive Plan as part of the Comp. Plan review. Staff will Schedule to be schedule two agenda items based on the input provided to Council from Council on October 6 (these could be on on February 22, the same dates) which would be 1) policy 2010. discussion to modify the current land use code related to affordable housing; and 2) a review of deed restriction policy. Housing Excise Tax Schedule a work session to discuss the March 1, 2010 Excise Tax and its application Joe C Natural Disasters On 11/3/08 Council asked that staff further Follow up with a (Terri and Cost evaluate criteria for allowing some costs from resolution on Everest) Recovery in Deed property damage incurred by natural disasters February 1, 2010 to Restricted For in deed restricted homes to be recovered provide an allowance Sale Housing upon the resale of the home. Examples of upon resale for a criteria discussed included: cap on recovery of the cost of based on a (percent) value of the home and repairing the units. requirements for comprehensive insurance. Finance Marianne Credit Card Provide options and implications for allowing March 15, 2010 Usage customers to use credit cards for all TOSV functions. Marianne Financial Update Provide a financial update on the winter March 1, 2010 season. Marianne FAB FAB will be brining requested additional duties March 1, 2010 to Council and Council would like to discuss whether FAB should look at how to fund unfunded Road projects. Marianne GID Mil Levy Discuss option to increase the GID mil levy for March 15, 2010 Base Village with the GID Advisory Committee and return back to the GID with options. Other Russ and Negotiate access Direction has been provided to staff to John easement for negotiate for an easement. Skittles Mark Kittle Remodels Council asked on 11/16 for the Chief Building April 5, 2010 triggering Official to bring back options for requiring the sprinkling sprinkling of buildings with a remodel. Staff Shake Shingles was asked to research options and what other communities have done on this issue. This came up with the Building Code update. In addition, Council asked on December 7, 2009 to come back with a discussion on banning shake shingles. Staff was also asked to bring back an ordinance on shake shingles. Lesley and Investigate Determine the steps for developing a sister March 1, 2010 Susan process for city relationship creating a Sister City Relationshi Hunt, David, Pedestrian Staff should evaluate how to improve February 22, 2010 and Art Crossing at Mt. pedestrian crossings on Brush Creek beside View on Brush Mt. View Creek John and Urban Renewal Bring back the URA topic for discussion of the February 22, 2010 Russ Authority Council Susan Marketing, Follow -up on specific form and frequency for March 1, 2010 Hamley Special Events& communication between Council and Board. Group Sales May require code change. Board 8TH DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA MARCH 1, 2010 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 5:00 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: JOINT MEETING WITH MARKETING GROUP SALES AND SPECIAL EVENTS BOARD (Time: 90 Minutes) ACTION REQUESTED OF COUNCIL: Discuss Summer Events, Current Communication and Budget Philosophy with Town Council -Susan Hamley /Board Members ...........................Page (TAB Item No 5: FAB RECOMMENDATIONS ON CAPITAL PROJECTS RESOLUTION (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Discussion on creating a resolution to adopt the FAB's recommendation on capital projects -Fred Kucker ...........................Page (TAB Item No. 6: DISCUSSION OF FAB RESPONSIBILITIES (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Review and comment on draft modification. -Rick Griffin /David Rachofsky ...........................Page (TAB Item No. 7: YEAR END FINANCIAL UPDATE FOR TOSV (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Review staff information and comment. Marianne Rakowski ...........................Page (TAB Item No. 8 RECREATION CENTER SUBSIDY (Time: 30 Minutes) 03 -01 -10 TC Page 2 of 2 ACTION REQUESTED OF COUNCIL: Receive staff report and provide direction to staff regarding fee increases -Hunt Walker /Andy Worline ...........................Page (TAB Item No. 9: RESOLUTION NO. 13, SERIES OF 2010 APPROVING EOTC BUDGET (Time: 20 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 13, Series of 2010 approving the EOTC Budget -David Peckler ...........................Page (TAB Item No. 10 SECOND READING —ORDINANCE NO. 6 SERIES OF 2010 EXTENTION OF THE EXCISE TAX (Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Ordinance No. 6, Series of 2010 to extend the excise tax. -John Dresser ...........................Page (TAB Item No. 11: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest ...........................Page (TAB Item No. 12: AGENDA FOR NEXT TOWN COUNCIL MEETING .............................Pg (AB) Page T Item No. 13: APPROVAL OF MEETING MINUTES FOR: ..............................P g AB Page Item No. 14: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS ...........................Page (TAB Item No. 15: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 4.3 hours (excluding items 1 -3 and 11 —14) 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. IF THE MEETING ENDS BEFORE 9:00 P.M. THE TOWN COUNCIL MAY HAVE A SOCIAL AT THE VICEROY. PLEASE FEEL FREE TO JOIN THE COUNCIL. SNOWMASS VILLAGE REGULAR MEETING MINUTES MONDAY, AUGUST 17, 2009 CALL TO ORDER AT 4:00 P.M. Item No. 1 ROLL CALL Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, August 17, 2009 at 4:03 p.m. COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, and Reed Lewis. COUNCIL MEMBERS ABSENT: Markey Butler was absent Arnold Mordkin arrived at 6:40 p.m. STAFF PRESENT: Russ Forrest, Town Manager, Hunt Walker, Public Works Director, Rhonda B. Coxon, Town Clerk, Jason Haber, Economic Resource Director, Jim Wahlstrom, Planner PUBLIC PRESENT: George Bletsas, Steve Alldredge, Seth Sachson, Mary Lou Farrell, Joe Farrell, John Stine, Bill Fabrocini, Caroline Gibson, Jim, Jason, Jerry and Dan MacEachen and other Members of the Public interested in today's Agenda items. Item No. 2 PUBLIC NON AGENDA ITEMS George Bletsas representing the Part Time Residents Advisory Board (PTRAB) thanked the Town Council for the wonderful Town Picnic and expressed how wonderful it was. Also on behalf of PTRAB, he encourages the Town Council to collaborate with the Pitkin County Board of County Commissioners in the Energy Smart Loan Program, he feels this would be beneficial for all homeowners. Item No. 3 COUNCIL UPDATES RFTA Council Member Wilkinson spoke to the increase in fares for the RFTA bus service and noted this was out of necessity due to RFTA's budget and the tough economic times. Community Picnic Mayor Boineau again thanked the Recreation Center staff and other staff involved in the Community Picnic for the great job. Item No. 4 KRABLOONIK UPDATE 08- 17 -09tc TC Minutes Page 2 of 6 Town Manager Russ Forrest stated that at the June 15, 2009 Regular Town Council Meeting the Voices for Krabloonik group made a presentation to Council that included a request to consider the adoption of additional local ordinances to regulate kennel operations. He noted that at the request of Town Council, the following additional information is being provided to assist in the consideration of this request. It includes Dr. Kate Anderson, DMV the Program Administrator for the State's Pet Animal Care Facilities Act (PACFA) is present to answer Town Council questions and concerns, copies of the State inspection reports are included in today's packet, a survey matrix compiling information gathered by the Town's Animal Service Department regarding operational practices of other sled dog operations, and rules and regulations pertaining to the Administration and enforcement of the Pet Animal Care and Facilities Act are also included in today's information for Town Council. Chief of Police Art Smythe thanked Dr. Anderson for attending our meeting today. Mayor Boineau presented some questions to Dr. Anderson and she responded by first recapping the history of the Pet Care Program and the logistics of the program. Krabloonik has been licensed with the program since 1998 and has improved throughout the years, is in compliance and in good standing at this time. Dr. Anderson stated that tethering is rare in Colorado maybe 20 facilities do it. It is not common in any state and it must be applied for and approved annually in Colorado. She stated that three failed inspections could result in license revocation. At this time, Krabloonik is licensed for 2009 and has applied and received its tethering waiver for 2009, there are two items currently non- compliant, the tethering lengths and perimeter fencing. A plan to correct these items will be submitted some time in 2010. Public Comment: Bill Fabrocini a Snowmass Village resident spoke to the failed inspections and additional reminder that the Voices group initiated the Vet day and picked up the expenses and brought the number of dogs to everyone's attention. He also commented on dogs in pens together and walking on leashes. Judith Cross asked about the fence that was mentioned by Dr. Anderson. Dan MacEachen owner and operator of Krabloonik Kennels and a Snowmass Village resident responded to various comments relating to cameras on the property which he will not allow. He feels this is a violation of his privacy. He stated that he has made substantial changes in the last ten years for the better. He noted the Vet day went very well and the dogs were in good shape considering this was the first ever Vet day. The Voices group atone time had offered spay and neuter financial assistance and that has since been taken off the table. Ann Gerchick representing the Friends of the Aspen Animal Shelter stated that this organization is willing to sit down with Dan MacEachen from Krabloonik to work out a comprehensive plan to spay and neuter his dogs. She wanted the Town Council to know the entire situation at Krabloonik is a moral issue not a legal problem. Lee Vogel Director of Marketing for Base Village spoke to the demoralizing way this issue has been handled by Town Council. 08- 17 -09tc TC Minutes Page 3 of 6 Joe Farrell a resident of Snowmass Village spoke as a friend of Krabloonik. Town Council chooses to take no further direction on this issue at this time and thanked everyone for their input. Town Council took a five minute break at this time. Item No. 5 PUBLIC HEARING AND DISCUSSION SNOWMASS CLUB EMPLOYEE HOUSING At 5:21 p.m. Mayor Boineau opened the Public Hearing for the Snowmass Club Employee Housing Minor PUD Amendment. Don Schuster representing the applicant provided a Power Point presentation and spoke to the fact that they will need to provide additional employee housing mitigation credit with the special review of the Elk Camp restaurant next year. This proposal consists of adding a 10- bedroom dormitory style, seasonal employee housing unit with common area on the second level exterior deck space all containing 2,872 square feet above the Club building's loading and service area, which is next to the tennis structure. Expanding the dining /locker room facilities of 511 square feet for the existing employees and converting 672 square feet of existing storage into office space, also on the second level of the Club building. Schuster noted that if they could not use this project as future housing mitigation credit the applicant would most likely withdraw the application. Town Council asked the applicant to bring back additional information on the parking and they stated they are not willing to authorize the future housing credits at this time. The Town Council asked the applicant to provide the Town Council a "White Paper" explaining the reason why the Town should allow the housing credits. They would also like to have a full Council present to discuss the parking standards. Mayor Boineau continued the Public Hearing to October 5, 2009 when this item will be discussed. Item No. 6 RESOLUTION NO. 19 SERIES OF 2009 SUPPORTING GOCO PLANNING GRANT APPLICATION FOR ENTRYWAY PARKS AND RECREATION Reed Lewis made the motion to approve Resolution No. 19, Series of 2009 supporting GOCO Planning Grant application for the Entryway Parks and Recreation. John Wilkinson seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, and Reed Lewis. Voting Naye: None. 08- 17 -09tc TC Minutes Page 4 of 6 Council Member Wilkinson encouraged staff to be sure to include letter of support, he noted looking at the sucessful grants from the past sometime helps submitting the type of grant that would be approved. Item No. 7 RESOLUTION NO 20 SERIES OF 2009 SUPPORTING GOCO MINI -GRANT APPLICATION FOR ENTRYWAY PARKS AND RECREATION IMPROVEMENTS There being no discussion, Reed Lewis made the motion to approve Resolution No. 20. Series of 2009 supporting GOCO Mini Grant application for Entryway Parks and Recreation Improvements. John Wilkinson seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, and Reed Lewis. Voting Naye: None. Item No. 9 MANAGER'S REPORT Town Manager Russ Forrest informed Council that there are three issues that need to be placed on future agendas, the Tree Ordinance, historical districts and policy discussion regarding housing mitigation. Forrest noted that the Lottery for the Sinclair Meadow, Capitol Peak and the next four homes at the Rodeo Place are all moving forward. Item No. 10 APPROVAL OF MEETING MINUTES FOR JUNE 1 2009 AND JULY 6 2009 Council Member Lewis and Wilkinson submitted changes to the minutes to the Town Clerk Rhonda Coxon who will make the amendments to the minutes. John Wilkinson made the motion to approve the Minutes as amended for June 1, 2009 and July 6, 2009 Reed Lewis seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, and Reed Lewis. Voting Naye: None. Item�No. 11 AGENDA FOR NEXT TOWN COUNCIL MEETING Town Manager Russ Forrest spoke to the Town Council about cancelling the September 28, 2009, the Town Council was in agreement. Reed Lewis made the motion to approve cancelling the September 28, 2009 Regular Town Council Meeting. John Wilkinson seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. 08- 17 -09tc TC Minutes Page 5 of 6 Voting Aye: Mayor Bill Boineau, John Wilkinson, and Reed Lewis. Voting Naye: None. Item No. 12 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Conference Space Council Member John Wilkinson inquired about booking conference space for future years and if the Group Sales department has had success. Town Council and staff discussed various options and asked staff to look at some "out of the box" ideas to help incentivize groups and the properties to increase our Group business in Snowmass Village. Pitkin County Library Council Member John Wilkinson noted that the Pitkin County Library is going through a Master Plan process and welcomes input from the Public. Information is on the Pitkin County website in regards to time and dates of the public meetings. Ride for the Cure Council Member Wilkinson stated the Ride for the Cure will begin and end in Snowmass Village this Saturday. AT 6:38 p.m. Mayor Bill Boineau made the motion to enter closed session. Reed Lewis seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, and Reed Lewis. Voting Naye: None. Seven Member Council Madeleine Osberger from the Snowmass Sun stated that a lot of Town business has been put off lately due to not having a 5 member Council present at the Town Council meetings of late. She stated maybe we need to go back to a seven member Council. She questioned Council Member Mordkin and Council Member Butler's attendance. Osberger also protested today's Executive Session noting some of the school district negotiations could be discussed in public. At 6:40 p.m. Council Member Mordkin arrived Council Member Mordkin stated that he has recused himself from the Krabloonik discussion due to the 9th Judicial District being requested to investigate an issue involving Krabloonik. He feels it is inappropriate to be listening to information provide to this body (Town Council) and then again as a possible prosecutor. Item No. 13 EXECUTIVE SESSION 08- 17 -09tc TC Minutes Page 6 of 6 Town Council will now meet in Executive Session pursuant to C.R.S. 24 -6- 402(4) and Snowmass Village Municipal Code Section 2- 45(c), to specifically discuss two items Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24- 6- 402(4)(e) and Snowmass Village Municipal Code Section 2- 45(c)(5); and Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24- 6- 402(4)(c) and Snowmass Village Municipal Code Section 2- 45(c)(2); At 7:43 p.m. Reed Lewis made the motion to approve reconvening to the Regular Meeting of August 17, 2009. Arnold Mordkin seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis and Arnold Mordkin Voting Naye: None. Item No. 14 ADJOURNMENT At 7:44 p.m. Arnold Mordkin made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on August 17, 2009. Reed Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis and Arnold Mordkin. Voting Naye: None. Submitted By, Rhonda B. Coxon, Town Clerk SNOWMASS VILLAGE REGULAR MEETING MINUTES MONDAY, OCTOBER 19, 2009 CALL TO ORDER AT 400 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on October, 19, 2009 at 4:12 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler and Arnold Mordkin COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Russ Forrest, Town Manager; Hunt Walker, Public Works Director; John Dresser, Town Attorney; Rhonda B. Coxon, Town Clerk; Art Smythe, Chief of Police; Marianne Rakowski, Finance Director; David Peckler, Transit Manager PUBLIC PRESENT: Dwayne Romero, Scott Stenman, Jim Horowitz, Dylan Hoffman, Madeleine Osberger, Jeff David, Aaron Stel, Steve Alldredge, Jim D'Agostino and other members of the Public interested in today's agenda items. Item No. 2 PUBLIC NON AGENDA ITEMS There were no Public Non Agenda Items for discussion Item No. 3 COUNCIL UPDATES Council Member Butler stated that she attended the EOTC with Council Member Lewis, and TOSV did not have a quorum. She will be heading a task force to find funding for the skier shuttle for next year. She also provided a quick overview of the budget. Item No. 4 SECOND READING ORDINANCE NO. 8 SERIES OF 2009 AN ORDINANCE AMENDING CHAPTER 10 OF THE SNOWMASS VILLAGE MUNICIPAL CODE BY ADDING SECTIONS 10-30,10-43,10-44,10-45,10-46,10-47,10-141, 10- 142 and 10 -143 TO CHAPTER 10 OF THE SNOWMASS VILLAGE MUNICIPAL CODE ESTABLISHING ADDITIONAL GENERAL OFFENSES IN THE TOWN OF 10- 19 -09tc Minutes Page 2 of 7 SNOWMASS VILLAGE AND AMENDING SECTIONS 7 -90 AND 126 OF CHAPTER 7 OF THE SNOWMASS VILLAGE MUNICIPAL CODE REGARDING ANIMAL REGULATIONS Town Council discussed concerns and some language changes on the following sections: definition of a vicious animal, abandonment of vehicles, peddlers and solicitors prohibited from going on to private residences and assault prohibited sections. Reed Lewis made the motion to approve Ordinance No. 8, Series of 2009 General Offences. A roll call vote was taken of and two Members were in favor and two members were opposed. Markey Butler seconded the motion. Voting Aye: Mayor Bill Boineau, and Reed Lewis. Voting Naye: John Wilkinson, and Markey Butler. Markey Butler made the motion to reconsider Ordinance No. 8, Series General Offences with the new language provided by the Town Attorney. A roll call vote was conducted for second reading. Reed Lewis seconded the motion. The motion was approved by a vote of 3 in favor to 1 opposed. Voting Aye: Mayor Bill Boineau, Reed Lewis, and Markey Butler. Voting Naye: and John Wilkinson. Council Member Butler is not satisfied with the language in Section 10 -43 assault prohibited and would like to review the language from first reading. Town Attorney John Dresser suggested this item be moved to later in the agenda to allow staff time to provide this information to Town Council. This item was discussed again after Item No. 6 on today's agenda. Town Attorney John Dresser provided Town Council with the first reading language and provided them with the reasoning behind that language. Markey Butler made the motion to approve the amendment to Ordinance No. 8, Series of 2009 as provided by the Town Attorney. Reed Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. Voting Naye: None. Reed Lewis made the motion to approve Ordinance No. 8, Series of 2009 General Offences. A roll call vote was taken and the vote was 3 in favor and 1 opposed. Markey Butler seconded the motion. The motion was approved 3 in favor to 1 opposed. 10- 19 -09tc Minutes Page 3 of 7 Voting Aye: Mayor Bill Boineau, Arnold Mordkin, and Markey Butler Voting Naye: John Wilkinson Town Council took a break at this time. Item No. 5 DISCUSSION WITH JAZZ ASPEN SNOWMASS Jim Horowitz from Jazz Aspen Snowmass was available to provide information regarding the Labor Day Festival in Snowmass Village and noted that this is the 20 year anniversary of the event. After 2002, the event grew and had to move across Brush Creek Road. Throughout the years, JAS has looked at several other venues and Buttermilk is just one of those being looked at. This is budget time for most organizations include JAS and being the 20th anniversary year everything is being considered for this upcoming event. Town Council expressed their concerns with moving this event out of Snowmass Village but appreciates JAS for keeping an open dialogue with the Council. If the event was to move from Snowmass, JAS would expect the sponsorship would be less. Item No. 6 FIRST READING ORDINANCE 16 SERIES OF 2009 RENEWABLE ENERGY Town Manager Russ Forrest stated the purpose of this ordinance is to allow the Town of Snowmass Village to opt in to the local improvement district for the Energy Smart Loan Program. On September 1, 2009 the Pitkin County Board of County Commissioners approved a resolution referring ballot measure 1A. The question to be posed to the voters on November 3, 2009 will be the authority for Pitkin County to issue bonds in the amount of $7 million to create the "Energy Smart Local Improvement District" arising under Section 20 of Article X of the State Constitution. If Referendum 1A passes, Pitkin County will create the Energy Smart Loan Program. This program will provide low interest loans to property owners to make energy efficiency and renewable energy improvements to their properties. The loans would then be repaid as a special assessment to the owner's property taxes. This Ordinance allows the Town of Snowmass Village to opt into this program, thereby making the loans available to the property owners within the Town's municipal boundary. Dylan Hoffman from Pitkin County was available to answer questions of Town Council. Rick Griffin, a resident of Snowmass Village, spoke to the issue of this tax running with the property versus a special assessment. He also wanted to reiterate that this is only a tax on the property making the improvements and receiving the grant monies. Markey Butler made the motion to approve First Reading of Ordinance No. 16, Series of 2009 Renewable Energy Reed Lewis seconded the motion. The motion was approved 10- 19 -09tc Minutes Page 4 of 7 by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. Voting Naye: None. Item No. 7 RESOLUTION NO. 23, SERIES OF 2009 -APPROVING THE 2010 BUDGET Markey Butler made the motion to approve. Reed Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Voting Aye: John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Naye: None. There was a lengthy discussion on the Road Fund, Mill Levy and the operation of the Recreation Center. The Financial Advisory Board Chairman Rick Griffin was present to provide input from that Board. Item No. 8 FIRST READING ORDINANCE N0. 12, SERIES OF 2009 AMENDING THE 2009 BUDGET There was no discussion on this item and a vote was taken. Markey Butler made the motion to approve First Reading of Ordinance No. 12, series of 2009 amending the 2009 budget. John Wilkinson seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Voting Aye: John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Naye: None. Item No. 9 FIRST READING ORDINANCE NO. 15 SERIES OF 2009 AN ORDINANCE DESIGNATED BY THE SHORT TITLE "2009 REFUNDING BOND ORDINANCE" Finance Director Marianne Rakowski stated that the Town is refunding the 1999 Droste Bond for $44,000 a year and Mountain View Phase Two Bond for $10,000 a year. Reed Lewis made the motion to approve First Reading of Ordinance No. 15, Series of 2009 refunding bond ordinance. Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. 10- 19 -09tc Minutes Page 5 of 7 Voting Aye: John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Naye: None. Item No.10 RESOLUTION NO. 28, SERIES OF 2009 -TOWN OF SNOWMASS VILLAGE ASPEN SCHOOL DISTRICT IGA/ EMPLOYEE HOUSING PROJECT Town Attorney John Dresser submitted to the Town Council the most current revisions to the IGA with the Aspen School District and reviewed the changes with the Town Council. Markey Butler made the motion to approve Resolution No. 28, Series of 2009 entering into an IGA with the Aspen RE -1 School District. Reed Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Voting Aye: John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Naye: None. Town Council took a break at this time. Item No. 11 UPDATE ON BASE VILLAGE FINANCIAL SITUATION Dwayne Romero with Related Westpac along with Scott Stenman of Related Westpac were asked by the Town Council to provide a financial update on Base Village. The Topics for discussion included Sinclair Meadows, Capitol Peak Employee housing, Viceroy Building 13A, TOSV /RWP Funding, Winter Protection and site preparation and then a question and answer portion. At 8:02 p.m. Council Member Mordkin arrived. Town Council asked minor questions of the applicant and thanked the applicant for the presentation. Item No. 12 MANAGER'S REPORT Ice Skating Rink Town Manager Russ Forrest stated there is a group of citizens would like to pursue an ice skating rink at the Rodeo Grounds. Comprehensive Plan Town Manager Russ Forrest noted the Housing section of the Comprehensive Plan is ready to be brought before the Town Council in upcoming meetings. 10- 19 -09tc Minutes Page 6 of 7 Item No. 13 AGENDA FOR NEXT TWO TOWN COUNCIL MEETINGS There is a Special Meeting scheduled for October 26, 2009 to discuss the Comprehensive Plan and the Aspen School District [GA. This meeting will begin at 4:00 p.m. There were no changes to the November 2, 2009 meeting agenda. Item No. 14 APPROVAL OF MEETING MINUTES FOR APRIL 20 2009 AND JUNE 15, 2009 Reed Lewis made the motion to approve the Minutes of April 20th, 2009 as amended by the Town Council. John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Naye: None. John Wilkinson made the motion to approve the Minutes of June 15, 2009 as amended by Town Council Reed Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Arnold Mordkin John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Naye: None. Item No. 15 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Council Member Lewis mentioned concern with the absence of Council Member Mordkin at Town Council meetings. Council Member Mordkin noted he is being held in court and has no control of this matter and he has an obligation to his job. Council Member Wilkinson inquired about location of Flu shot vaccine. Town Clerk Rhonda Coxon supplied current information to the Town Council. Council Member Wilkinson asked for an update on the Gymnasium floor at the Recreation Center. Item No. 16 ADJOURNMENT At 9:05 p.m. Reed Lewis made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council Markey Butler seconded the motion. The motion was approved by a vote 10- 19 -09tc Minutes Page 7 of 7 of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Submitted By, Rhonda B. Coxon, Town Clerk SNOWMASS VILLAGE GENERAL IMPROVEMENTS DISTRICT NO. 1 REGULAR MEETING MINUTES MONDAY, OCTOBER 19, 2009 Item No.1 ROLL CALL GID Board Member Boineau called to order the Meeting of the General Improvement District on Monday October, 19, 2009 at 3:34 p.m. G.I.D BOARD MEMBERS Mayor Bill Boineau, Reed Lewis, Markey PRESENT: Butler and John Wilkinson G.I.D BOARD MEMBERS Arnold Mordkin ABSENT: STAFF PRESENT: Russ Forrest, Town Manager; Hunt Walker, Public Works Director; David Peckler, Transportation; Chris Conrad, Planning Director; Jim Wahlstrom, Senior Planner; Rhonda B. Coxon, Town Clerk; John Dresser, Town Attorney; Marianne Rakowski, Finance Director PULIC PRESENT: None Item No. _2 RESOLUTION NO. 1, SERIES OF 2009 AMENDING THE 2009 GID BUDGET Finance Director Marianne Rakowski stated the 2009 Budget is revised to record a decrease in interest income and specific ownership revenues. The amended budget also decreases the operating and maintenance services to reflect lower costs for the snow melting of Lower Carriageway/Wood Road. The change in fund balance with the above adjustments is an increase of $106,841. John Wilkinson made the motion to approve GID Resolution No. 1, Series of 2009 amending the 2009 budget and appropriating funds. Reed Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Board Member Mordkin was absent. Voting Aye: Bill Boineau Markey Butler, Reed Lewis, and John Wilkinson. 10 -19 -09 GID Minutes Page 2 of 3 Voting Naye: None. Item No. 3 RESOLUTION NO 2, SERIES OF 2009 ADOPTING THE 2010 GID BUDGET Finance Director Marianne Rakowski spoke to the 2010 budget, projects operating expenditures for legal, administration, audit, insurance, snow melting, and sky cab operating costs for a total budget amount of $371,733. She noted these expenditures are supported by property taxes assessed on the General Improvement Districts area and year -end carryover. The fund balance for 2010 is projected to be $361,606. Rakowski noted the mill levy for this district was 20 mils for 2007, 2008, and 2009. In 2010 and thereafter the budgeted mill levy is 6 mills in accordance with the approved ballot language. The amount budgeted for the Sky Cab operations in 2010 is $150,000 a decrease of $87,965 from 2009 revised budget. She asked the Town Council to discuss the Sky Cab budget and provide direction to staff. The Town Attorney John Dresser stated that the GID ownership is only required to run the Sky Cab during the Winter Ski Season during skiing hours. The right is with the Hive Building and the GID does not have a legal right to operate the skittles during the summer. After a lengthy discussion the Board consensus was to reduce the hours of operation for the Sky Cab January 1 through April 11, be changed from 4:00 p.m. to 10:00 p.m. to 4:00 p.m. to 8:00 p.m. at night. Markey Butler made the motion to approve GID Resolution No. 2, Series of 2009 as amended by the reduction of the hours of operation for the Sky Cab and to also direct staff and Town Council to negotiate with the owners of the Hive Building for an easement. Reed Lewis seconded the motion. The motion was approved by a vote of 3 in favor to 1 opposed. Board Member Wilkinson opposed and Board Member Mordkin was absent. Voting Aye: Bill Boineau, Markey Butler, and Reed Lewis. Voting Naye: and John Wilkinson. Item No. 4 APPROVAL OF THE GID MINUTES FOR JUNE 1 2009 AND JULY 20 2009 The Town Council provided the Town Clerk with amendments to the minutes. John Wilkinson made the motion to approve the GID minutes for June 1, 2009 and July 20, 2009 as amended Markey Butler seconded the motion. The motion was approved 10 -19 -09 GID Minutes Page 3 of 3 by a vote of 4 in favor to 0 opposed. Board Member Mordkin was absent. Voting Aye: Bill Boineau Markey Butler, Reed Lewis, and John Wilkinson. Voting Naye: None. Item No. 5 ADJOURMENT At 4:09 p.m. Reed Lewis made the motion to adjourn the GID Meeting on Monday, October 19, 2009. Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Bill Boineau Markey Butler, Reed Lewis, and John Wilkinson. Voting Naye: None. Submitted By, Rhonda B. Coxon, CMC Secretary for the GID SNOWMASS VILLAGE SPECIAL MEETING MINUTES MONDAY, OCTOBER 26, 2009 CALL TO ORDER AT 400 P.M. Mayor Pro Tern Wilkinson called to order the Special Meeting of the Snowmass Village Town on Monday October 26, 2009 at 4:05 p.m. Item No. 1 Roll Call COUNCIL MEMBERS PRESENT: John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. COUNCIL MEMBERS ABSENT: Mayor Bill Boineau STAFF PRESENT: Russ Forrest, Town Manger; John Dresser, Town Attorney; Hunt Walker, Public Works Director; Marianne Rakowski, Finance Director; David Peckler, Transit Manager; Lesley Compagnone, Public Relations Director PUBLIC PRESENT: Madeleine Osberger, Don Schuster, Julie Ann Woods, Mike O'Connor, Stephanie Colbalt, Nick Adeh, Gilbert Sanchez and Public interested in today's Agenda items. Item No. 2 PUBLIC NON AGENDA ITEMS There were no Public Non Agenda Items at this. Item No. 4 ASD HOUSING PROJECT RECOMMENDATIONS FROM PLANNING COMMISSION Town Attorney John Dresser submitted to the Town Council the Planning Commission Resolution No. 16, Series of 2009 and the final copy of the Intergovernmental Agreement (IGA) between the Aspen School District and TOSV for reference during tonight's meeting and future meetings. Dresser stated that this is the second step process under the IGA. Tonight is the presentation from the Aspen School District and Council will provide questions /concerns and staff will prepare a Resolution for the November 2, 2009 Regular Council Meeting. 10 -26 -09 tc Minutes Page 2 of 3 At 4:20 p.m. Council Member Mordkin arrived. Julie Ann Woods from Elk Mountain Planning Group, Inc. representing the Aspen School District presented the review information for Aspen School District Employee Housing project located at 5131 Owl Creek Road, Snowmass Village, Colorado. The project includes 15 employee housing units with 24 bedrooms and 32 parking spaces. The application includes a total of 16,891 SF heated and storage space and 3,076 SF of unheated space. There are 17,521 calculable floor areas in three buildings. Council's concerns with this project include capability with surrounding uses, unit size and density, architecture, landscaping, building height, traffic impacts, transit service including parking passes, parking and snow storage on Town's right away, drainage, solid waste and construction management. Town Council suggested a possible site visit to look at the current parking spaces to determine the action that Town Council may want to take regarding the parking spaced on the Town's right of way. Town Council reviewed the Planning Commission Resolution line by line and page by page and provided staff with concerns and comments regarding issues to be addressed by the next discussion. Town Council took a break at this time. Item No. 5 COMPREHENSIVE PLAN Don Schuster from the ASC spoke in reference to a letter that was delivered to the Town Council prior to this meeting. The major concern is the statement in the Comprehensive Plan referencing the update of the 1994 Environmental Impact Study (EIS) as it may pertain to a specific application coming before the Town from the Ski Company. The Aspen Skiing Company would like this removed as EIS's are updated by a mandate of the Federal Government and are very time consuming and expensive to produce. His other comments have to do with the chapter meshing together, he feels the chapters should interrelate and project out for the next for the next ten years. He stated that the Comprehensive Plan has components that do not address or allow for future economic growth in the particular areas of Snowmass Village. After a very lengthy discussion by the Town Council in regards to the flexibility of the Comprehensive Plan in today's economic times to adjust philosophy and needs if the economy changes for the better or worse. Town Council consensus was to provide some more open houses and community meetings to be sure we have addressed all the concerns of the community. 10 -26 -09 tc Minutes Page 3 of 3 Item No. 3 COUNCIL UPDATES Employee Housing Dispute Daly Townhomes Town Manager Russ Forrest stated an owner of a Daly Townhome Unit realized at the time of selling their unit they did not have use of a 58 square foot storage space separate of their unit and is now asking the Town to provide compensation for the loss of the use of that space. The owners provided a compensation number they felt was fair and the Town also provide a dollar amount based on looking at rentable values of similar space and that number could be anywhere from $5,000 to $6,000. After discussion with Town Council in Executive Session, the offer was provided to the owner and the owner turned it down. Now, over two months later they would like to accept the offer. Allegations of corruption by the Town staff have now been made. Town Council does not feel the offer that was on the table, and turned down, should still be on the table. The plat in the closing documents clearly indicates the storage unit belongs to that particular unit, at the time of purchase it was mistakenly given to another unit owner. Due diligence of the owner to read and understand their own closing documents would have cleared any confusion as to who the storage area belonged to. After discussion by Town Council and staff direction to staff was: Reed Lewis made the motion to approve the offer of $1,000 and if accepted, their name will be part of the public record or if the said party decides to take the issue off the table all will go separate ways. Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Boineau was absent. Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Item No. 6 ADJOURNMENT At 7:58 p.m. Reed Lewis made the motion to adjourn the Special Meeting of the Snowmass Village Town Council on October 26, 2009. Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Boineau was absent. Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Submitted By, Rhonda B. Coxon, Town Clerk SNOWMASS VILLAGE REGULAR MEETING MINUTES MONDAY, NOVEMBER 2, 2009 CALL TO ORDER AT 400 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, November 2, 2009 at 4:02 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Markey Butler and Arnold Mordkin COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town Attorney; Hunt Walker, Public Works Director; Chris Conrad, Planning Director; Marianne Rakowski, Finance Director; Rhonda B. Coxon, Town Clerk; Lesley Compagnone, Public Relations Director PUBLIC PRESENT: Steve Alldredge, Dianna Sirko, Kay Honnigan- Singer, Madeleine Osberger, Julie Ann Wood and other members of the Public interested in today's agenda items. Item No. 2 PUBLIC NON AGENDA ITEMS Scott Stenman representing Sinclair Meadows was before Town Council to ask that they approve a Resolution on the deed restriction of the property so the scheduled closings may occur on a timely basis. Town Attorney John Dresser explained in further detail. The resolution is not on today's agenda but staff will have a document prepared by the end of the meeting for Town Council approval. 11 -02 -09 Page 2 of 7 Item No. 3 COUNCIL UPDATES There were no Council Comments at this time. Item No. 4 SECOND READING ORDINANCE NO. 16 SERIES OF 2009 RENEWABLE ENERGY AND ENERGY EFFICIENCY John Wilkinson made the motion to approve Ordinance No. 16, Series of 2009, a roll call vote was taken with 4 in favor and 0 opposed. Reed Lewis seconded the motion. Council Member Mordkin was absent. Voting Aye: John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Naye: None. There was no further discussion on this item. Item No. 5 SECOND READING ORDINANCE NO. 12 SERIES OF 2009 AMENDING THE 2009 BUDGET Reed Lewis made the motion to approve second reading of Ordinance No. 12, Series of 2009, a roll call vote was taken and the vote was 4 in favor to 0 opposed. John Wilkinson seconded the motion. Council Member Mordkin was absent. Voting Aye: John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Naye: None. There was no further discussion on this item. Item No. 6 SECOND READING ORDINANCE NO. 15 SERIES OF 2009 -AN ORDINANCE DESIGNATED BY THE SHORT TITLE "2009 REFUNDING BOND ORDINANCE" John Wilkinson made the motion to approve second reading of Ordinance No. 15, Series of 2009, a roll call vote was taken with a vote of 4 in favor to 0 opposed. Markey Butler seconded the motion. Council Member Mordkin was absent. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. Voting Naye: None. There was no further discussion on this item. Item No. 7 RESOLUTION NO. 31, SERIES OF 2009 ASPEN SCHOOL DISTRICT HOUSING PROJECT 11 -02 -09 Page 3 of 7 Town Council discussed roof pitch, permit parking, carports and budget impacts, removal and replacement of trees, license agreement for the right a way, cost share on the bus pull out and shared trash facility, Reed Lewis made the motion to approve Resolution No. 31, Series of 2009 as amended, Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. Voting Naye: None. Item No. 8 PUBLIC HEARING FIRST READING -ORDINANCE NO. 11 SERIES OF 2009 Planning Director Chris Conrad requested that this item be continued for discussion to the December 7th, 2009 Town Council Meeting. This request is being made by staff due to Public Notice requirements that have not been met. Item No. 9 CONTINUATION OF PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 14, SERIES OF 2009 SNOWMASS CLUB EMPLOYEE HOUSING At 4:46 p.m. Mayor Boineau opened the continued the Public Hearing. Senior Planner Jim Wahlstrom stated this is continuation of the Public Hearing and First Reading of Ordinance No. 12, Series of 2009 Snowmass Club Employee Housing Minor PUD Amendment and the accompanying exhibits, including the proposed Bargain and Sale Deed and the Employee Housing Restrictive Covenant provided by the applicant. At 4:48 p.m. Council Member Mordkin arrived. Markey Butler made the motion to approve first reading of Ordinance No. 11, Series of 2009 as amended. Reed Lewis seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Naye: None. Don Schuster and Dave Bellack representing the Aspen Skiing Company were available to answer questions of Town Council and to discuss issues of concern. At this time Mayor Boineau continued the Public Hearing to November 16, 2009. 11 -02 -09 Page 4 of 7 Item No. 10 FIRST READING -ORDINANCE NO. 17 SERIES OF 2009 Town Manager Russ Forest, pursuant to a recommendation by the Marketing, Group Sales, and Special Events Board, determined that the effectiveness of the MGD &SE Board would be served by modifying the composition. After discussion with between Staff and Council the consensus was to keep the Ex- Officio position on the Marketing, Group Sales and Special Events Board. John Wilkinson made the motion to approve. Reed Lewis seconded the motion. The motion failed by a vote of 1 in favor to 4 opposed. Voting Aye: Reed Lewis Voting Naye: Mayor Bill Boineau, John Wilkinson, Arnold Mordkin, and Markey Butler Kay Honnigan- Singer a resident of Snowmass Village spoke to local marketing for local businesses; it should not be corporate and kept for locals. Scott Stenman of Related Westpac stated that Related is still very involved with TOSV and would like to continue the position and possibly change the person within the position. Town Council would like to see quarterly reports from the Marketing Board and to initiate a better line of communication between the Marketing Board and the two. Town Council took a break at this time. Item No. 11 COMPREHENSIVE PLAN Town Manager Russ Forrest stated the purpose of today's meeting is to do a final red line review of the Comprehensive Plan focusing only on the changes in red. These were agreed upon edits made throughout the spring and winter review sessions. The Town Council reviewed the Comprehensive Plan line by line and page by page and reviewed the redline changes and made language suggestions for staff. Emergency Resolution No. 32, Series of 2009 Town Attorney John Dresser stated this Resolution was discussed earlier in the meeting under Public Non Agenda items. Staff has prepared the Resolution for Town Council discussion and approval. Arnold Mordkin made the motion to approve Resolution No. 32, Series of 2009, a Declaration of Restrictive Covenants for affordable housing at Sinclair Meadows. John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 11 -02 -09 Page 5 of 7 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Naye: None. Item No. 12 MANAGER'S REPORT EMPLOYEE HOUSING LAND SURVEY Town Manager Russ Forrest stated that in the past few years, Town Council and staff have discussed the need for a detailed report showing all possible future employee housing sites in TOSV. There are funds budgeted in 2009 to perform this inventory, not to exceed amount of $20,500. Design Workshop has submitted a proposal to complete a land inventory for less than $20,500. The Town Council does not feel they can justify this cost at this time and ask that the Town Manager to find staff resources to produce the land survey. BASE VILLAGE FINANCIAL UPDATE Town Manager stated that physical projects are continuing to be completed and there are still issues regarding the garage occupancy fee, road and bridge bills and some bills relating to lower carriage way that were incurred by the previous owner, this amount comes to $176,000. These are legitimate bills but are being questioned as to if this should be held to the Viceroy or can be settled at a later down the road. Town Council would like to tie the money to the CO and put the money in escrow until they have time to review the bills submitted by the Public Works Director. Item No. 13 AGENDA FOR NEXT TOWN COUNCIL MEETING Town Manager Russ Forrest stated that Item No. 6, Village Wide Network will be pulled due to more information being gathered for a comprehensive report, Item No. 11 and the Comprehensive Plan should be removed and Item No. 8 and 9 regarding Rodeo Place should be moved to a future agenda. This was Council and staff consensus. Item No. 14 APPROVAL OF MEETING MINUTES FOR JULY 27 2009 AND SEPTEMBER 14 2009 Reed Lewis made the motion to approve the Minutes for July 27, 2009. Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. 11 -02 -09 Page 6 of 7 Reed Lewis made the motion to approve the Minutes for September 14, 2009 as amended. Markey Butler seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Item No. 15 There was not an Item 15 Item No. 16 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Daly Townhome Dispute Council Member Wilkinson asked if the offer from the previous meeting of $1,000 was accepted, and staff reported that it was not accepted by the previous homeowner. Item No. 17 EXECUTIVE SESSION At 7:35 p.m. Arnold Mordkin made the motion to approve now meeting in Executive Session pursuant to C.R.S. 24 -6- 402(4) and Snowmass Village Municipal Code Section 2- 45(c), to specifically discuss two items Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24- 6- 402(4)(e) and Snowmass Village Municipal Code Section 2- 45(c)(5) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24- 6- 402(4)(c) and Snowmass Village Municipal Code Section 2- 45(c)(2); Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Item No. 18 ADJOURNMENT At 8:20 p.m. Reed Lewis made the motion to approve reconvening to the Regular Meeting of the Snowmass Village Town Council on November 2, 2009. John Wilkinson seconded the 11 -02 -09 Page 7of7 motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. At 8:21 p.m. Reed Lewis made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on November 2, 2009. Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Submitted By, Rhonda B. Coxon, Town Clerk SNOWMASS VILLAGE REGULAR MEETING MINUTES MONDAY, DECEMBER 21, 2009 Mayor Bill Boineau called to order the Regular Meeting of the Snowmass Town Council at 4:04 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler Council Member Mordkin arrived at 4:45 p.m. STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town Attorney; Susan Hamley, Tourism Director; Chris Conrad, Planning Director; Kristi Bradley, Group Sales Director; Hunt Walker, Public Works Director; Davie Elkan, Director of Sponsorships and. Events; Keisha Techau, Group Coordinator; Sue Whittingham, Guest Services Coordinator; Beth Albert, Sr. Marketing Manager; and Donna J. Garcia Spaulding, Deputy Town Clerk PUBLIC PRESENT: Mel Blumenthal, Peter Moore, Bob Purvis, Jeff Tippet, Victor Gerdin, Steve Alldredge, Madeleine Osberger, Robert Sinko, Alicia Goldstein, John Quigley, David Perry, Jenny Smith, Scott Stedman, Mike Kaplan, Don Schuster, Carol Batchelder, Lisa Vogele, Marybeth Blake, Andrew Light, and others interested in today's Agenda items Item No. 2: PUBLIC NON- AGENDA ITEMS Mel Blumenthal, Representative for PTRAB thanked Council for using restraint in setting the mill levies and reported that tomorrow from 5:00 p.m. until 7:00 p.m. the PRAB is having a reception hosted by the Viceroy Hotel. He reported that the following people will be speaking: Mayor Boineau, Mike Kaplan and David Perry from Aspen Skiing Company (ASC) and Viceroy Hotel Representative, Jeff David. Item No. 3: COUNCIL UPDATES There was nothing for discussion at this time. Item No. 4: JOINT MEETING WITH THE MARKETING GROUP SALES AND SPECIAL EVENTS BOARD AND ORDINANCE NO. 24 SERIES OF 2009 12- 21 -09tc Page 2 of 15 Snowmass Tourism Director, Susan Hamley, stated the purpose of today's discussion is to present budget philosophy and strategies for the 2010 Marketing budget, which has changed since its official adoption by Town Council in November 2009; review 2010 budget changes and request approval of Ordinance No. 24, Series of 2009; and agree on future communications to keep Council comfortably informed by the Marketing, Special Events Group Sales (MSE &GS) Board. MSE &GS Member, Bob Purvis, explained that the Strategic Plan was put together by a working advisory committee, which was adopted on January 24, 2008 and reports directly to the MSE &GS Board. Purvis further explained the philosophy and strategy of the MSE &GS Board. Hamley provided Town Council with a Power Point presentation depicting branding under the Aspen Snowmass umbrella; Snowmass Village positioning /messages; marketing partnerships including SkiCo, the lodges, sponsors, ACRA, SAS and others. Hamley discussed her department's responsibilities. She provided the Council with an update on historical performance relating to occupancy for summer 2005, which was up 3% over 2004; summer 2007 which was up 3% over 2006; and summer 2009 which is down 9% over 2008 given the current economic environment. Group Sales Director Kristi Kavanaugh Bradley provided Council with an update on goals, with the most significant impact being negative p.r. surrounding the Conference Center availability which was stalled. The Town Manager explained there was a period of uncertainty and competitors took advantage of this; he reported Group Sales is now signing contracts through 2013. Hamley shared details regarding the proposed 2010 marketing budget and stated sales tax revenue is forecasted flat to 2009, with $1 Million slashed from the original 2009 budget. She explained they dipped into the Reserve as approved by Council for an additional $50K to do summer activities and are requesting of Council to do the same thing this year. She explained that staff vigorously challenged administrative cuts wherever possible; reduced the contribution they make to SkiCo winter events; kept winter and summer marketing close to whole, doing even more in- house; and increased summer events and activities. Council Member Wilkinson and Purvis discussed the Reserve and explained it is always a 10% of the current revenue goal. Robert Sinko stated "We took the Public Relations function in- house; it was a contractor position and we saved almost $200,000 by doing this and also became far more efficient, this was a key topic of discussion for the Board and we looked hard at 12- 21 -09tc Page 3 of 15 personnel, administrative costs and ended up in agreement with the Budget where it is today." Council Member Lewis stated when he served on the Marketing Board Administration was somewhere between 12% and 15% and now it is up to close to 28% and he remembers asking the question as to whether 12% to 15% is a normal amount and the answer was yes. "So we have almost doubled the percentage going to administration." Hamley explained that was right for that size budget at that time, but the demands have grown significantly since." Council Member Wilkinson and staff discussed how much leakage Snowmass Village experiences to other sources and determined that this is a number the Finance Department needs to investigate and report back to Council. The Town Manager Russ Forrest reported that in Aspen they hired an individual to conduct a one -time audit and the Town is attempting to make contact with that individual to see if they are collecting sales tax. Mayor Boineau stated Council concern that money from the free concerts was going to be for non profits and Council did not know it was a one year arrangement. Council did inform the community there would be some money made but basically the Town was trying not to make any money; we were to provide the service under State law. Hamley reported that only one generous donor gives money to help pay for this event, which costs a lot to put on. Hamley explained that she made a commitment to keep the drink prices affordable, with $2 beer and wine, and fulfilled that commitment. Council Member Mordkin stated that the issue isn't whether or not the funds are going to non profits or to the Town, rather when Council agreed not to find other ways to comply with State law and allow the community to sell alcohol; it was to be on a zero profit basis. After further discussion, Markey Butler made the motion to approve to approve First Reading of Ordinance No. 24, Series of 2009, to have two face -to -face meetings between the Marketing Board and Town Council, with written quarterly reports and to schedule Second Reading of this ordinance for the January Town Council meeting. Council Member Lewis seconded the motion and the vote was approved with 5 in favor and 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Markey Butler, and Arnold Mordkin. Voting Naye: None. 12- 21 -09tc Page 4 of 15 Item No. 5: UPDATE FROM ASPEN SKIING COMPANY ON SUMMER OPERATIONS Aspen Skiing Company (ASC) Representatives Steve Sewell and Victor Gerdin provided Council with a Power Point presentation depicting the summer activities plan at Elk Camp (EC) for 2010. Gerdin provided Council with an overview of a list of activities for 2010 including EC Gondola operation, which will run seven days per week from June 19 through September 6th; EC chairlift operation, which will run three days per week on Friday, Saturday and Sunday; food and beverage through Cafe Suzanne; Gondola served biking on 10 trails; gondola /lift served hiking on six trails; family activities; Camp Aspen /Snowmass, which is run out of the Treehouse; and is ADA accessible and extended to operation for banquets and party opportunities. Mayor Boineau inquired whether or not there is an opportunity to use the gondola during the Chili Pepper Brew Festival. In response, Sewell stated that he didn't see any reason why they couldn't; this would be a great opportunity to show people EC. Council Member Lewis stated that somewhere within the Base Village approvals it is stated that Town Council reserves the rights to set the trigger and asked if ASC is doing this on their dollar? Sewell stated they were under the impression that once the Viceroy was completed that ASC would start the list of summer activities and they started moving forward with the plan and "Yes, if Council pulls the trigger it is on ASC's nickel." The Town Attorney John Dresser clarified that there is one more point regarding the standard within the agreement, there is a reason to have the capacity for a threshold usage to determine whether it is commercially viable within the three year time period. In response to an inquiry by Council Member Butler, Gerdin stated that the Nature Center at the top would be opened on Friday, Saturday and Sunday. Sewell reported that the U.S. Forest Service has agreed for them to set up an interpretive center at the top of the Gondola. Council Member Lewis inquired if there is going to be one ticket price for both the Gondola and the Chair Lift? In response, Sewell stated that this is yet to be determined because they are considering doing package deals combining opportunities to ride the Silver Queen in town, EC Gondola and the Chair Lift going up. Gerdin commented that they may have a lesser price Monday through Thursday for just the Gondola and a slightly increased price for both the Gondola and Chair Lift. Council Member Wilkinson discussed the bikes on EC Chair Lift and stated that he has heard from people who would like to be able to ride their mountain bikes from the top of the EC Chair and inquired of the Applicant where that prohibition came from and what 12- 21 -09tc Page 5 of 15 can be done to do allow for this? In response, Gerdin stated that the 2006 Environmental Assessment specifically addresses the trails and prohibits taking bikes up the Chair Lift. Gerdin further reported that they would have to go through an environmental assessment to obtain approval. Jeff Tippet, Trails Committee Chair reported that the Applicants provided the committee with a presentation on December 10, 2009 and the Trails Committee feels the trails they have identified make a lot of sense and they are looking forward to using them. Trails Committee Representative, David Rocher stated that he is impressed with the plan as this gives the trails within Snowmass a much needed benefit He addressed the opportunity for the community to benefit from up -hill trails, which are lacking in Snowmass Village and further stated that another issue is getting from Base Village up to the Water Pine area on the west side, where it would be great to have people riding past the mall up to the water plant. He requested that the plan exclude horses with uphill activities at the EC area because hikers, bikers and horseback riding do not mix; the water quality also could be compromised. Lastly, Rocher requested that the maintenance on the west side not be neglected. Local cyclist, Scott Calliham commented "To see something like this come from ASC, is tremendous." The Town Planning Director Chris Conrad pointed out that a lot of what is being presented here today was not shown in July of 2004 with regard to the construction of the new trails and yet construction trails is an allowed use unless Council felt these were substantial changes, Council could call for special review of these uses. The Marketing Department Sponsorship Event Representative Dave Elkan commented promotions for Blast the Mass and stated that this event gave them a reason to experiment with running the six pack last year. By doing this they noticed that half of the clientele was either spending revenue renting bikes, or staying over night to try the trails and the other half was hiking. Council Member Butler stated that she really likes the whole layout, with focus on hiking and cycling, family orientation, fishing and hiking, and mini bike trails for the kids really adds to the family value of this mountain. Council Member Lewis stated his approval of the progressive plan. He stated that by going this big it will not be as detrimental to the mall businesses as once thought; it will bring more people here to use all of these trails. 12- 21 -09tc Page 6 of 15 Council Member Mordkin joined his colleagues in approval for any activity that brings more people to the Village. Council Member Mordkin stated this is still not an appropriate time to pull the trigger "We created the trigger so there would be a sufficient number of people in Base Village to give us the best leg up, which would ensure Council it will be profitable three years from now. Business establishments at the mall location will tell you if the lift operations are not running they will not open their businesses because it is not profitable. We should wait until we get a Base Village that is much more mature and able to sustain profitability, as well as require the ASC to operate it for three years without having the Town subsidize it. Council Member Wilkinson inquired of the Applicants how much they are budgeting for the expansion. In response, Sewell stated that they have several hundred thousand dollars to use over a three -year period. Wilkinson stated that if ASC is making a substantial investment for summer time and Snowmass Village needs to have this happen now. Wilkinson further stated that the Gondola goes to the wrong place and should be at the top of Sam's Knob or EC. He stated that one thing he would like to see is a NASCAR for bikes and suggested having a but system in the plan with point -to -point hikes from hut- to -hut as a refuge to get out of potentially bad weather. Council Member Lewis stated that he is still in the camp of preserving the trigger and looking at it again in a year to see how things play out. He stated concern with the economy hitting another low before things get better and would like to preserve the trigger for that commitment. Council Member Butler stated that her hope is to go ahead and start the trigger now because of ASC investment but at the end of one year Council would have the opportunity to revisit the trigger and perhaps extend it one more year for a full review. Mayor Bill Boineau stated his approval for allowing the trigger to be pulled now because of the timing of our economic situation and the need for us to have a reason to get people here. The Town Attorney John Dresser clarified that the ASC summer operations is a discussion item and advised Council to scheduled another meeting session to discuss the details of the actual agreement. After further discussion, Council consensus requested that staff place further discussion of this Item on an Agenda scheduled in two weeks. 12- 21 -09tc Page 7 of 15 Item No. 6: ARTS ADVISORY BOARD TOWN HALL ART PROJECT UPDATE Snowmass Arts Advisory Board (SAAB) Chair Lisa Vogele, Artist Michael Clapper and SAAB Member Jim Kehoe provided Council with a model of the Town Hall Art Sculpture titled "Transparency." Vogel recapped the process SAAB has gone through over the past two years and stated that the SAAB originally allocated $50,000 to the Town Hall piece from the Town in 2008, which was at that time estimated at $100,000; in 2009 when the economic recession became apparent this would preclude any additional funds being added from the Town and the SAAB asked the artist to reduce the cost of value engineering to an overall budget of $75,000 and now has reallocated an additional $25,000 from the SAAB account (total of $50,000) to meet the revised budget of $75,000. Arnold Mordkin made the motion to approve awarding the commission to artist Michael Clapper and spend $5,000 to begin schematic design on the Town Hall art sculpture. Kehoe referred Council to packet pages 35 and 36 depicting a photo of the art piece, proposed budget and balance sheet. Michael Clapper stated the name for this piece is titled Transparency, in an effort to let the citizens of Snowmass know that their administration and government is transparent in their dealings with the community. Clapper stated that installation of the art piece is planned for late summer of 2010. After further discussion, Council Member Butler and Lewis stated they loved the art piece and approved installation. In response to an inquiry by Council Member Wilkinson, Vogele explained how the art piece is being paid for and stated that the SAAB has six various accounts including some escrow accounts and some expense accounts. In response to an inquiry by Mayor Boineau, Vogele stated that sale of the pavers that were purchased by members of the community and this money is set aside specifically to pay for art work around town and SAAB is continuing to sell the pavers. Council Member Mordkin clarified that the SAAB has $50,000 from sales of the pavers, which is in the bank and stated his approval of the $75,000 from the Town as payment for the sculpture piece. The Town Manager Russ Forrest clarified that the SAAB has approximately $78,000 in proceeds from the pavers and they are asking to use a third of that from the $25,000, which has been appropriated over the past five years and they have adequate resources in the pavers fund to pay for the sculpture. 12- 21 -09tc Page 8 of 15 John Wilkinson made the motion to approve execution of a contract agreement to the SAAB in the amount of $75,000.00 for the art sculpture. Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Markey Butler, and Arnold Mordkin. Voting Naye: None. Item No 7: DISCUSSION ON ANNUAL TEMPORARY USE PERMIT FOR MAGIC BUZZ COFFEE STAND IN BASE VILLAGE PLAZA The Planning Director Chris Conrad reported that Scott Calliham is requested an Annual Temporary Use Permit (ATOP) for The Magic Buzz Coffee and Chai Company to locate a 1971 Volkswagen Bus, retrofitted to serve as a commercial coffee sales kiosk in the Base Village plaza for a time period of one (1) year including the 2009 -2010 ski season. He stated that this application shows two possible places for the installation and the Planning Commission (P.C.) recommended approval for Option No. 1. The P.C. further requested that Calliham demonstrate that the proposed use is appropriate in relation to surrounding uses such that it is more complimentary rather than competitive in the service it will provide to the guests. Conrad stated that one of the review standards calls for this appropriated at a location in the context of the surrounding uses and this is one of Council's considerations for an ATOP. The recommendations from the P.C. are that a Condition be added stating this permit should not be administratively reviewed and approved beyond the one (1) year time period, that it come back for Council re- approval. Conrad's staff report points out that the ATUP process is truly intended for "temporary" uses rather than fixed facilities; it does provide a way to allow operations to commence on a trial basis; however, it its recommended that a Minor PUD Amendment be processed for this facility to remain at the proposed location for more than one (1) year. The Town Manager Russ Forrest confirmed that this is strictly a discussion item for today to hear if Council has any concerns and if not staff could draft a ten -day administrative TUP allowing Calliham to open on January 4, 2010 with a full Public Hearing to be held during a Town Council meeting in the near future. Calliham provided Council with a brief description of the 1971 Volkswagen Bus and stated that it has been stripped down to bare metal, so there isn't anything that could make it be unsanitary for this use. He will be using the Volkswagen as an espresso Kiosk to sell coffee espresso and sodas as a grab it and go convenience, there is a line of merchandise products such as hats and T- shirts made from recyclable plastic bottle 12- 21 -09tc Page 9 of 15 materials. Wraps from the Sweet Life will be sold from The Magic Buzz; he is trying to source breakfast burritos from another local restaurant. Council Member Mordkin referred Calliham to the photo he provided Council and requested that The Magic Buzz not go outside of the Base Village plat map. Calliham explained that ASC put up a six -foot blue fence barrier that extends beyond the plat map and he would be happy to move it. In response to an inquiry by Council Member Wilkinson, Calliham stated that he would be opened seven days per week, 7:00 a.m. until 5:00 p.m. during the ski season, as well as the summer time and he has hired a manager to run ,the business. Council Member Lewis inquired of Calliham how he intends to set up water and hand washing for health purposes. In response, Calliham reported that he has a small sink compartment mounted to the interior of the Volkswagen bus with hot and cold running water and as a condition of the food service license, he will be using Sweet Life as a commissary at end of the day to scrub utensils in a commercial three compartmental sink, which is required by the Environmental Health Department. Calliham reported that he will be storing beverages in the bottom floor of the Sweet Life. Council Member Lewis encouraged Calliham to add an additional garbage station, since this type of business generates additional refuse. Calliham reported that he has a very obvious recycling station at this location. There being no further discussion, Council consensus approved the ATOP with a location adjacent to the ski slope, with Council option of review in one year. Item No. 8: DISCUSSION ON MINOR PUD AMENDMENT PARCEL D EAST VILLAGE PUD The Planning Director Chris Conrad explained that this item of discussion concerns the Snowmass Land Company office building that was approved at the time of the East Village PUD for Parcel D next to the Two Creeks parking lot at the base of the ski area currently owned by CLA Snowmass Office Company. Conrad introduced Applicant Representatives Andrew Light and the Architect Kim Wild with Bill Poss and Associates, who were present to answer questions Council might have. Conrad explained that the Applicant is seeing that the office space is not viable as an office facility kind of use and they are pursuing options included in today's packet of information for Council consideration for this building to be converted to residential use. He stated that the building itself is 7,925 square feet, the main office level has approximately 4,445 square feet and the basement/storage area includes almost 3,480 square feet and the Planning Department is hopeful of finding a way to convert this 12- 21 -09tc Page 10 of 15 building without having to leave the basement area unusable as a residence. He stated that staff recommendation relating to land use is that the Applicant's request for the building to be permitted to remain in use for office purposes until such time a lot purchaser intends to convert the existing structure or construct a new building for residential use. While the amended PUD Guide may be formatted to enable this flexibility, specific language has not yet been provided by the Applicant. The PUD Guide will be provided for consideration in connection with the First Reading of the ordinance on January 4, 2010. With regard to the floor area, Conrad stated that staff recommendation is in agreement with the Planning Commission recommendation cited on packet page 45, b. Floor Area, a. According to the PUD Guide all the lots are a maximum of 5,500 sq. ft., with six that are allowed to go up to 8,500 sq. ft. in the upper lots of Two Creeks. He then referred Council to packet page 46 c., d. and e. and discussed setbacks, floor area excise tax and Accessory units. Applicant Representative Andrew Light provided Council with a Power Point presentation of his proposal at this time and highlighted a number of reason the property does not function well as a commercial building, history of the building, challenges of office use, as well as the proposed residential building. Council Member Mordkin stated his concern that the plan is not consistent with the surrounding area and requested that the Applicant bring back a plan that depicts precisely where the building is going to be. He stated his disapproval with granting the Applicant an amendment to the PUD due to the lack of information presented here today. Council Member Wilkinson commented that even though this location is not serviced by RFTA it is serviced by the Town shuttle Route No. 3. In response to an inquiry by Councilman Wilkinson, Light stated that there is not a parking lot agreement between them and the owner of the parking lot; the Planning Director stated that the employee housing was mitigated as a commercial office building and the Land Company used their credits that were afforded them at the time' and if there is any future change in the building from commercial to residential obviously would have to comply with the Town's new life safety codes, such as sprinkler systems. After further discussion, Wilkinson stated that he is uncomfortable that the Applicant did not submit a specific type of structure. Council Member Butler stated that she has no hesitation, she has reviewed the P.C. recommendation within their resolution that has come forth and is sure it was fully vetted at P.C. otherwise Council would not be reviewing it here today; she is supportive of moving forward and requested that the Applicant come back to Council with a plan and would like the language to be tightened up by then. 12- 21 -09tc Page 11 of 15 Council Member Lewis stated the plans do not fit for residential as it is more of a commercial site and he would be more supportive of a bed breakfast at the specified location. Mayor Bill Boineau stated that he is supportive of the P.C.'s recommendation, since the they have already reviewed the plans and stated concern with the large, voided area down below as it is too large a space to go underneath a home. He further requested that the Applicant provide Council with more information relating to the voided area and commented that it doesn't feel right to change to a house. Andrew Light commented on Councilman Lewis's idea of a bed and breakfast in that location and stated that the lift does not open until December 15th so a proprietor would never get the Thanksgiving guests and there is not any summer business at the location therefore, it is not a spot conducive to any customer oriented use. The Town Attorney John Dresser clarified for Council that the issue for today is strictly for discussion purposes to receive valuable comments and input that staff can use in preparation for an ordinance presentation to Council on January 4, 2010. Dresser further stated that the Applicant is entitled to a ruling by Town Council. The Applicant requested clarification from Council as to what type of information to bring back. In response, Council requested the following list: height limit, building envelope, square footage, number of bedrooms, garage size and placement, and specificity regarding what they are going to do with the building, as well as plans for the large basement area. Item No. 9: FIRST READING ORDINANCE NO. 23 SERIES OF 2009 COMCAST FRANCHISE AGREEMENT Town Attorney John Dresser stated that the rate went up and the term is shorter than previously; one thing still within the Comcast Agreement is section 10.5, page 78 of today's packet of information, which refers to access capital costs, this relates to negotiations regarding a grant to off set some of the Town's capital costs. However, Comcast does not give grants any longer but they will give an advance known as a one- time contribution for the term of this agreement in the amount of $6,198 to the Town; this is then billed back to the subscribers at sixty (60) cents per month per subscriber until it is paid off. Dresser then explained the details of advance functions and the time period involved. Mayor Boineau clarified that the fee is set at 5% across the country. Dresser stated that this is a standard within the industry given the competition at this time. Dresser reported 12- 21 -09tc Page 12 of 15 that the Town hired a consultant, who does not believe there is a better deal anywhere in the county. In response to an inquiry by Council Member Mordkin, Dresser stated that the franchise fee is considered to be within the gross revenues fee and referred Council to the definitions found within the agreement. Dresser clarified that it is definitely not a tax; rather it is their base fee that they operate under, with payment back to the Town. The Mayor requested that staff investigate how much the Town gets out of this arrangement, which gets put into the General Fund. Dresser stated that the Town gets a governmental surcharge of fifty cents per month and in case of non- payment the Town has a bond in place for $10,000. PTRAB Member, Mel Blumenthal stated concern with the public complaints regarding service, with such a short window and suggested that the Town find out what public concerns exist and whether the Town has flexibility to negotiate protections. He further reported that the satellite dish companies are now changing their tiers, which means that they charge separately for those tiers. Dresser stated that they do this as part of their business plan and the Town does have provisions for a complaint file of reports that require them to keep an accurate and comprehensive compilation of all complaints and this file should be made available to the Town upon request at any time. During the re- negotiations of a new contract the Town does conduct a survey and engage the public as much as possible by means of the survey. Council Member Wilkinson referred Council colleagues to packet page 70, under Insurance Requirements and stated that they have not been reviewed by a professional insurance person and pointed out that the writings have not been written correctly. Reed Lewis made the motion to approve Ordinance No. 23, Series of 2009, with the removal of 10.5, Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Markey Butler, and Arnold Mordkin. Voting Naye: None. Item No. 10: MANAGER'S REPORT Comprehensive Plan Town Manager, Russ Forrest reported that the Town received some public commentary from the open house conducted during the week of December 7th regarding the 12- 21 -09tc Page 13 of 15 Comprehensive Plan summarized in today's packet of information. He reported that the Planning Department has also finalized maps and graphics for the plan and those graphics are being incorporated into the final document and will be presented to Council during the January 4, 2010 meeting. Request for Proposal Forrest reported that staff has a Request for Proposal for a real- estate agent to help with the Town's sales at the Country Club Townhomes. He inquired of Council whether or not they want staff to make the decision of which real- estate agent to go with. In response, Council consensus stated approval of staff making the decision. Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING Council Member Mordkin and staff discussed Item No. 8 on the January 4th meeting Agenda and determined that this Item is not going to happen on this date because the Comp Plan needs to get done first and there are a variety of things that would be most defensible for Council to consider once the Comp Plan has been approved; The Town Attorney stated that once Council establishes the Vision, which is the Comp. Plan, then the actions follow. Mordkin requested a correction to the January 4 th Agenda, Item No. 12, Public Hearing from Second Reading to First Reading. Council Members Lewis and Mordkin discussed Mordkin's attendance at future Town Council meetings. Town Manager Forrest reported that staff will be adding a decision item with ASC concerning the contractual provision relating to the trigger for summer operations toward the end of the January 4th Agenda. Town Attorney Dresser reported that this Agenda will also have an Item relating to Second Reading of the cable T.V. franchise. Item No. 12: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Sandwich Boards Council Member Butler reported that she had several guests have inquired about all the sandwich board signs on the mall; "isn't there a code concerning sandwich boards and the allowable number for display In response, Dresser reported that the mall area has its own comprehensive sign plan. After further discussion, Council directed staff to investigate the guidelines and report findings to Council via e -mail correspondence. 12- 21 -09tc Page 14 of 15 Base Village Condemnation Council Member Butler requested that an item of discussion be placed on a future Agenda regarding an Urban Renewal District; Council consensus agreed with Butler. Snow Melt on Mall Council Member Butler inquired of what is happening with the snow melt up on the mall. Forrest stated that that area is privately owned, he observed the unfortunate incidents up there but the owner has not given him a clear answer in terms of a possible remedy. Forrest stated that the Town will continue to discuss this matter with the owner and keep Council informed. Route 7 Bus Service Council Member Lewis reported that he has talked with several people who are concerned with bus service for Route 7 being cut. He stated when this service was cut Route 5 was also cut and he has received complaints from people at the Palisades, Two Creeks and Brush Creek routes. He reported that there have been many who have come close to getting hit by vehicles traveling too fast and suggested that a pedestrian cross walk sign be placed at the shack near the end of Brush Creek Lane. Colgate 13 Event Council Member Lewis announced on January 2nd, from 3:30 p.m. until 5:30 p.m., in front of Fuel and the Daly Bottle Shop the Colgate 13 -male a cappella group are going to be performing a set of a cappella music, this will coincide with an art opening with Lou Eppleshimer's photography. Concrete Lifetime The Mayor and Town Manager discussed how long concrete last and determined that it depends upon the engineering and whether rebar becomes exposed causing a hazardous issue. Forrest stated that he will discuss this matter with the Town Engineer and report finding to Council as soon as possible. Council Retreat The Mayor requested that staff schedule a Council Retreat luncheon during the first week of January 2010 from 3:00 p.m. until 5:00 p.m. Council Member Lewis requested that the Agenda be specific, since it is hard for proprietors to take time off during the busy ski season. After further discussion, Council and staff designated January 25, 2010 as the official date for the Retreat. Card from a Guest Mayor Boineau reported that on November 27, 2009 he received a card from a guest stating how impressed they were with the Town bus service and read the card stating that the drivers were awesome and how nice it was that the service was free. 12- 21 -09tc Page 15 of 15 E.O.T.C. Task Force Council Member Butler reported that the E.O.T.C. needs for someone to take over as Chair because she no longer has time to do it. Item No. 13: ADJOURNMENT At 9:05 p.m. Reed Lewis made the motion to adjourn the Regular Town Council Meeting of December 21, 2009. Markey Butler seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Markey Butler, and Arnold Mordkin. Voting Naye: None. Respectfully Submitted By: Donna J. Garcia, CMC Deputy Town Clerk Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 Town Council Meeting 4:00 p.m. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Daylight Town 7_ Savings EOTC Council Time Begins Meeting Meeting 4:00 p.m. Aspen 4:00 p.m. St Patrick's Day 21 22 23 24 25 26 27 28 1 1 Sun Mon Tue Wed Thu Fri Sat 1 2 3 Good Friday 4 5 6 7 8 9 10 Easter TOWN Sunday COUNCIL MEETING 4:00 P.M. 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 TOWN Earth Day COUNCIL MEETING 4:00 P.M. 0 25 26 27 28 29 30 Tze PJL zz Fax 3613 ,44#c*, �?alanada X 1612 �`7� l 125 wcic��scasc @a afs�. aet December 10, 2009 R Mr. Chris Conrad, Planning Director DEC 1 I zuog Town of Snowmass Village SnUnit Development P.O. Box 5010 Snowmass Village, Colorado 81615 RE: CHARFOOS LOT LINE ADJUSTMENT Dear Chris, Please consider this letter to be an application to amend the plat for the Melton Ranch Unit I Subdivision as originally recorded in Plat Book 3 at Page 100 of the Pitkin County records. The purpose of the application is to adjust the lot lines between Lots 47 and Lot 48 to reflect a conveyance of land from Lot 48 to Lot 47 that occurred several decades ago but was never documented as an amendment to a recorded plat. Legal descriptions of Lot 47 and 48 (both before and after the proposed lot line adjustment) are provided on the attached subdivision exemption plat. The address of the subject property is 115 Martingale Place, Snowmass Village, CO 81615. The Pitkin County Parcel ID# for the subject property is 264536405447. The subject property is owned by the Lynda R and Ronald B. Charfoos Living Trust (hereinafter, the applicants Proof of the ownership of the property is provided via a special warranty deed (see Exhibit #1). The applicants have submitted a letter designating Alan Richman Planning Services as their representative for this application. This letter is attached hereto as Exhibit #2. The applicants and I have held pre application conferences with you and members of your staff regarding this application and we were provided a summary of the required contents of the subdivision exemption plat. Attached to this cover letter is a draft subdivision exemption plat, prepared by Tuttle Surveying Services, that complies with the requirements of the Town's Land Use and Development Code. Following below is a brief summary of the proposed lot line adjustment, and an explanation of how the proposal complies with each of the review standards of Section 5 -270 (D), Subdivision Exemption, of the Town's Land Use and Development Code. Mr. Chris Conrad December 10, 2009 Page Two Description of Application The applicants purchased the property from the prior owners in February, 1998. At that time an improvements survey was completed which showed that a portion of the existing residence on Lot 47 encroached onto Lot 48. It was determined that the residence was built in 1972, pursuant to a building permit issued by Pitkin County, but the structure was not built in the same configuration as shown on the approved plot plan. Therefore, in 1998 the then owners applied for, and the Town granted an Administrative Variance to allow that portion of the above grade deck, garage and roof overhangs which extend beyond the platted building envelope to remain (see Exhibit #3). The applicants are currently in the process of remodelling certain portions of the residence. In the course of its review of the application, the Planning Department determined that while the Administrative Variance allowed these improvements to remain, the plat for Melton Ranch Unit I had never been amended to reflect the fact that the owner of Lot 48 had transferred a small area of the lot (approximately 0.03 acres, which is approximately 1,300 sq. ft.) to the owner of Lot 47 to rectify the encroachment. Therefore, as a condition of issuing the building permit, the Town required this subdivision exemption to be processed to reflect the adjusted lot line between the two properties (see letter from Town staff and response from applicant attached as Exhibit #4). Compliance With Review Standards A subdivision exemption that adjusts the lot lines between two adjacent parcels may be approved if the application complies with the following standards: 1. Exemption is Necessary. The exemption shall be necessary for the preservation and enjoyment of substantial property rights of the applicant. Response: This exemption is necessary to amend the plat to reflect the location of the existing improvements on the lot. 2. Consistent With Subdivision. The exemption shall be consistent with the preservation of the goals, objectives and standards of the particular subdivision or land area involved. Response: This minor change to the configuration of these two lots does not alter the basic intent of the Melton Ranch Subdivision or change the situation for the owners of either of these lots. It simply reflects a land transaction that occurred more than a decade ago. Mr. Chris Conrad December 10, 2009 Page Three 3. No New Lots Created. Granting of the exemption shall not create any new lots in any single- family subdivision. Response: No new lots will be created by the proposed lot line adjustment. 4. Comply With Development Code. The exemption shall comply with the standards of the zoning district in which the property is located and all other applicable standards of this Development Code. With respect to an application for a lot line adjustment, if any of the lots or structures thereon are nonconforming prior to the adjustment, then no adjustment shall be allowed that increases the nonconformity of the lot or structure. Response: The requested lot line adjustment will bring Lot 47 into compliance with the standards of the underlying zone district because it will eliminate an existing nonconformity with regard to the side yard setback of that lot. 5. No Adverse Impacts. Granting of the exemption shall not be detrimental to the public welfare and shall not affect in a substantially adverse manner the enjoyment of land abutting upon or within the area in which the subject property is situated. Response: Granting of the proposed exemption will not have an adverse impact on any neighboring land owner as the improvements are already built and the adjustment merely recognizes the lot line that both owners have adhered to for the last decade. 6. Not Increase Total Allowable Floor Area. Granting of the exemption shall not increase the total allowable floor area on a lot or lots affected by the proposed exemption beyond the total allowed without the exemption, and any change in allowable floor area permitted by the exemption within those totals shall be consistent with the surrounding area. Response: There will be no change in the total allowable floor area on the two lots. 7 Special Circumstances. In the instance where the Town Council is unable to find that an application is consistent with any of the above standards, the exemption may only be granted if the Town Council finds that there are special circumstances or conditions affecting the subject property such that the strict application of these standards would result in undue hardship and deprive the applicant of the reasonable use of the land. Response: The applicants believe they have demonstrated that the application is consistent with the above standards, so a demonstration of special circumstances is not necessary. Mr. Chris Conrad December 10, 2009 Page Four Conclusion In summary, the applicants have submitted all of the materials requested during the pre application discussions, have responded to the applicable standards of the Town's Land Use and Development Code and have demonstrated compliance with said standards. The applicants would hope for an expeditious review of this application by the Town, so the subdivision exemption plat may be recorded in a timely manner. Please feel free to contact me should you require any additional information. Very truly yours, ALAN RICHMAN PLANNING SERVICES A �a Alan Richman, AICP EXHIBIT #1 D oU SPECIAL WARRANTY DEED GRANTORS, ALFRED JOGS AND CAMILLE LIONE, for the consideration of Ten and no 100 /ths Dollars ($10.00) in hand paid, hereby sell and convey to GRANTEE, LYNDA R. AND RONALD B. CHARFOOS LIVING TRUST, whose legal address is 3043 Bloomfield Shore Drive, West Bloomfield, MI 48033, the following real property in the County of Pitkin, and State of Colorado, to wit: AS MORE SPECIFICALLY SET FORTH ON EXHIBIT "A" HERETO also known by street and number as: 115 Martingale Snowmass Village, CO 81615. with all its appurtenances, and warrant the title against all persons claiming under them. Signed this,2�Aay of February 1998. Alfred Joos Camille Lione STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this day of February, 1998, by Alfred Joos and Camille Lione. MARY L. GARMICHAEL My commission expires: M YCOM�� D�1RES 1 Witness my hand and official seal. Notdry Publi N O rE Of 111111 11111 111111111111 III Iilll 1111111 III IIIII IIII IIII 413954 02/26/1998 01:31P SPEC WD DRVIS SILVI 1 of 2 R 11.00 D 75.00 N 0.00 PITKIN COUNTY CO 413954 TRANSFER DECLARATION RECEIVED 02/26/1998 EXHIBIT "A" PARCEL I LOT 47, MELTON RANCH ONE PARCEL H A tract of land situated in the SE 1 /4 SE 1 /4 of Section 36, Township 9 South Range 86 West of the 6ht P.M., said tract being part of Lot 48, Melton Ranch Unit One, more fully described as follows: Beginning at a point on the Southwesterly Line of said Lot 48 whence the most Southerly comer of said Lot 48 bears South 46 degerees 09 minutes 00 seconds East 23.92 feet; thence North 46 degrees 09 minutes 00 seconds West 31.44 feet along Southwesterly line of Lot 48; thence North 61 degrees 43 minutes 30 seconds East 9.65 feet; thence South 28 degrees 16 minutes 30 seconds East 29.92 feet to the point of beginning. County of Pitkin, State of Colorado IIIIII IIIII HIM IIIIII III IIIII IIIIIII III IIIII IIIIIIII 413954 02/26/1998 01:31P SPEC WD DAVIS SILVI 2 of 2 R 11.00 D 75.00 N 0.00 PITKIN COUNTY CD EXHIBIT #2 Mr. Chris Conrad, Planning Director Town of Snowmass Village P.O. Box 5010 Snowmass Village, Colorado 81615 RE: SUBDIVISION EXEMPTION FOR LOT 47 AND PART OF LOT 48, MELTON RANCH UNIT I Dear Mr. Conrad, We hereby authorize Alan Richman Planning Services to act as our designated representative with respect to the land use application being submitted to your office for a subdivision exemption for our property, Lot 47 and part of Lot 48, Melton Ranch Unit I. Mr. Richman is authorized to submit this application on our behalf and has power of attorney to represent us for purposes of this application. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services at P.O. Box 3613, Aspen, CO, 81612. Mr. Richman's telephone number is 920 -1125. Sincerely, Ronald and Lynda Charfdos 260 E. Brown Street, Suite 200 Birmingham, MI 48009 248 723 -4600 EXHIBIT #3 T��� j� f)oru�ff �"vin ADMINISTRATIVE VARIANCE Camille Lione and Alfred Joos, the owners of Lot 47 and a portion of Lot 48, Melton Ranch Unit I Subdivision, in Snowmass Village, Pitkin County, Colorado, have applied for an administrative variance in order to allow certain existing above -grade structures, which extend outside the platted building envelope as shown on Exhibit A, to remain. As specifically identified on the exhibit, the request concerns that portion of the deck, garage and roof overhangs located in the side and front yard setback areas. In accordance with the provisions of Section 16 -152 (c)(1)g of the Snowmass Village Municipal Code (the "Code the Town Planner is given the authority to grant said variance. This provision is intended to permit an encroachment into a required setback area where a building or portion thereof was previously constructed outside of the established building envelope for the lot. A building permit was issued by Pitkin County on June 1, 1972 for the construction of a new single family residence within the subject lot. The existing condition, as shown on the Improvement Survey prepared by Aspen Survey Engineer's Inc. (Job No. 22117), indicates that the residence, which included the subject deck, garage and overhangs was not located in accordance with the approved plot plan. After reviewing the application, building plans, and Improvement Survey, the Town Planner has found that the request is consistent with the review standards contained in Section 16- 152(d) of the Code. The administrative variance is hereby granted on this ?.-b f day of July, 1998 to allow that portion of the above -grade deck, garage and roof overhangs which extend outside the platted building envelope as shown on Exhibit A, to remain. This approval is for the existing improvements only and shall be subject to the recording of the variance document, at applicant's expense, in the records of the Pitkin County Clerk and Recorder. Jo# Ohlson, Planning Director M:M/pdata /planning /administrative variances /8AVL47Meltonl 1111111 11111 111111111111 VIII 11111 VIII 111 VIII IIII IIII 420701 08/14/1998 12 :89P VARIANCE DAVIS SILVI 1 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO Post Office Box 5010 Snowmass Village, Colorado 81615 (970) 923 3777 Fax (970) 923 -6083 tosvadm @rof.net ,,<<111111 Il1111 llllil 11111111f1111111�f lull Illl Iill w 4 20701 08/14/1998 12:59P VARIANCE DAVIS SILVI 2 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO U w 00•os w m o 9`L A7'I8 1 N '1 9 Q too z 0, m A- Lii g k IK o/ o£ e l 01 1 115 Martingale Place/Lot 47, Melton Ranch I Yahoo! Mail rage EXHIBIT #4 M A i C 115 Martingale Place/Lot 47, Melton Ranch l Thursday, September 17, 2009 10:26 AM "Chris Conrad" <cconrad @tosv.com> rbcharfoos@yahoo.com nfinley @clre.com, charles @cunniffe.com, "Bob Nevins" <bnevins @tosv.com> Mr. Charfoos, This is to follow -up on our conversation last week regarding your proposed addition and the need to submit a Subdivision Exemption application to combine the above referenced parcel with that portion of Lot 48 deeded in 1973 to the then owner of Lot 47. We will accept your building permit application for zoning review prior to subdivision exemption approval. The application may be submitted subsequent to building plan review and approval but needs to be received and processed prior to final inspections. You will need to include a letter with the permit application indicating that you will submit the exemption application for processing during the term of construction and understand that the building permit approval will be conditioned upon completion and recording of the exemption plat prior to final zoning approval and Certificate of Completion for the constructed improvements. The subdivision exemption process will not require the approval or authorization of the owner of Lot 48 I have copied Nghi Finley and Charles Cuniffe on this email but don't know who you want to handle the subdivision exemption application for you. Please ask them to contact Bob Nevins, Planner, at 970 923 -5524 or by email at bnev ns @tosv.c0m for assistance in preparing the application. I apologize for the delay in sending this email but things have been rather hectic this week.... Best Regards, Chris C. Conrad TOSV Planning Director P.O. Box 5110 Snowmass Village, CO 81615 Phone: (970) 923 -5524 X637 FAX: (970) 923 -1861 Email: cconrad @tosv.com http: /us.mc3 82. mail. yahoo. com/ me /showMessage ?sMid= O &filterBy= &.rand =1063 31012... 9/17/2009 MAIN (248) 723 -4600 TELEPHONE: (248) 569 -5300 COMMUNITY 9BUILDERS FAX: (248) 723 -6583 RLANNERS 8_ CHARFOOS BUILDING 260 EAST BROWN STREET SUITE 200 BIRMINGHAM, MICHIGAN 48009 September 29, 2009 Chris Conrad TOSV Planning Director P.O. Box 5110 Snowmass Village, CO 81615 Dear Mr. Conrad, I would like to respond to your email to us dated 9/17/09 regarding the subdivision exemption for our lot 47 and the deeded portion of lot 48 (deeded to lot 47 owners August of 1977) and our ability to submit for a building permit concurrent with this letter. Presently, we have TSS preparing the subdivision exemption plat. As agreed upon, we will fill out the forms and present them for approval prior to final Certificate of Occupancy and completion of construction. It is understood that Ron Lynda Charfoos will sign subdivision exemption for our portion of Lot 48 and all of lot 47. We will not be required to get any other *signatures. All of this ties into the administrative variance we were granted by Snowmass on the 25 of July 1998. We want to thank you for all of your help in this matter. You were very patient with us and it is greatly appreciated. I hope this letter is what you wanted from Lynda and me so that we may proceed with permitting. Sincerely, f Ronald I( CLrfeWs Lynda Charfoos RESIDENTIAL COVVFRCIAI_ LAND DEVELOPVEN- z o n p4a nch Unit` I ,Subdivision Piekin County Yer in Pia t qe 100. to of Colorado legend and Notes• 0 indkotes found monument as descrlbed as QQ indicates set /5 rebar and red plastic cop, LS 33638 l Beaings arc based upon a .0 rebar with cap found at the northeastaNy coiner of sald Lot 47 and a F5 rebar with aluminum cop found at the A, northerly comer of Bald Lot 47 using a bearing of N46T79 00'W between the V two described monuments 7h1s surmY does not represent a title search by this surmmr to determine ownership or to dlscow easements or other encumbrances of record and no title commitment was provided of the Ova of this surrey. y, This property is subject to apparent easements for aWsting utllltles N V This property is sub to easements, rights of way and /or reViraments V as noted or shown on fhe final Plot, Melton Ranch Unit SLbdidsfon. Q y According to panel 08097001810, o flood Insurance Rate Map (FIRM) issued 1rvVt S afbock by FEMA, this property Is located N Zone X' areas determined to be outside 500- flood plain. 0 o q The unit of measurement used for this survey is the U.S. Survey Foot. FND., 0 Reba and j a d' CertlAcate of Dedicnh'ai and Owner nia aluminum cop /�y 0 KNOW ALL MEN BY 7NESE PRESEN7S C That the undersigned, Ronald B. and Lynda R. Chanbo.R being sole owners In fee simple of all that real property being more particularly desanbed as follows: Lot 47 Melton Ranch Unit I Subdlvislm, Plikln County, Colorado, recorded as Reception Na. 124854 and a part of Lot 48 as described in the document recorded February 26, 1998 as Reception No. 413954 have caused the described real property to be surveyed, laid out plotted and subd(wlded Into lots and blocks as shown on this Amended final Plat under the name and style of Lot 47 and Lot 48, Melton Rauh Unit SubdIv&w, according to the plat theroof recorded as Reception No. 724854, o wbdlvis/on in the County of P/tkln. The Owners do hereby dedicate and set apart all of the streets and roads as shown an the accanpanytng plot to the use of the public forem, and hereby dedicate to V p^ .r.\ \'•O4. the Public Utlitles those portions of said real property which are are labeled as unity easements on the accanpanyfng plot as perpetual easements for the installation and maintenance of utNltieg hwgation and drainage facbltle4 Including, but not limited to, e/ecblc floes, gas Anse, telephone 117es• together with the right to trim R \ate Interferkng trees and brush; with perpetual right of ingress and egress for Instal/t/on and ma/ntmance of such lines Such easements and rights shall be ufdized In a reasonable and prudent manner. o That a// expense for street paving or lmpromments shall be furnished by the seller ar purchase, not by the County of Pitkin. A y q\ IN 1N7NESS {fHERE�'sold owners) has caused h/s none to bar hereunto I Ij Q subscribed this day of A.D. 2009. O\ O, 39 Ac t/— 059 S.F. f/— Br 1 of By. of S sr ao STATE OF COLORADO J ss. �a COUNTY OF ore The foregoing document was acknowledged before me this �cA day of 2009 by er W77VE5S my hand and official seal. Lot 4(B CURVE TABLE 'd out LYadk and Recorder's Certlficafs• Chord Chord CURVE" dRdZu, Length Distance Bearing Ded7'OO Thls plat was hied for record In the Office of the park and C4 105.76 105.20 N1831 OS E 20 f Recorder of Pllkln County, Colorado, at o'clock this CS 87.22 7 516 5043903 "W 77 of coy of 2009, !n Book of Pag Recgotlon C6 37.47 36.87 56179 21 "W 35 C7 112.84 111.20 5215609 "W Clark A• Recorder By. Deputy Na a .c=a rte, y on.ar<a�n a TIlTTlIs' St'IRYIsYING S s'CL �e Pla ce 1 Qay G• acrgn ea,rod, an d� m 727 Bloke Avenue Onnn by. AS erne, ..a....a aw..i: ruse y r y ou f maoan f rs ay Glenwood Springs, Colorado B, y ryar aorwrs dame cyan an darter r Oats: 12�01�2009 f34 avn+ry de -d mom than Ion y aaa (970) 928 -9708 (FAX 947 1 OF jeff�tss— us.com e�