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03-01-10 Town Council Packets 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: YEAR END FINANCIAL UPDATE FOR TOSV (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Review staff information and comment. Marianne Rakowski ...........................Page 1 (TAB A) Item No. 5: 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 8 (TAB B) Item No. 6: PRESENTATION ON POSSIBLE OBSERVATORY IN SNOWMASS VILLAGE (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Listen to presentation and provide direction -David Aguilar .............................No Packet Information Item No. 7: DISCUSSION AND FIRST READING ORDINANCE NO. 7 SERIES OF 2010 DEVELOPMENT ON SLOPES GREATER THAN THIRTY PERCENT (30 WITHIN LOT 1, RODEO PLACE SUBDIVISION (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Ordinance No. 7, Series of 2010, Public Hearing on March 15, 2010 -Chris Conrad ...........................Page 9 (TAB C 03 -01 -10 TC Page 2 of 3 Item No. 8: EXECUTIVE SESSION 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: a) 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 b) 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); Provided, there is an affirmative vote of two thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position 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 23 (TAB D) Item No. 10: RELATED WESTPAC PROPOSAL ON INTERIUM BUILDING 7 (Time: 45 Minutes) ACTION REQUESTED OF Council: Provide Direction on whether Interim 7 proposal by Related Westpac should accepted or rejected Dwayne Romero ...........................Page 28 (TAB E Item No. 11 SECOND READING ORDINANCE NO. 6 SERIES OF 2010 EXTENSION 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 50 (TAB F) Item No. 12: SECOND 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. 03 -01 -10 TC Page 3 of 3 __Rhonda B. Coxon ...........................Page 55 (TAB G) Item No. 13: MANAGER'S REPORT (Time: 10 minutes) --Russell Forrest ...........................Page 59 (TAB H) Item No. 14: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 62 (TAB I Item No. 15: APPROVAL OF MEETING MINUTES FOR: December 7, 2009 Page 65 (TAB J) Item No. 16: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 75 (TAB K) Item No. 17: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 5 hours (excluding items 1-3 and 13 —16) 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. MEMORANDUM TO: Town Council FROM: Marianne Rakowsi, Finance Director DATE: March 1, 2010 SUBJECT: Year end Financial Update for the General Fund and RETT Fund I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Staff is providing an update on the unaudited 2009 year -end numbers for the General Fund, the RETT Fund, the Marketing and Special Events Fund and the Group Sales Fund. 11. DISCUSSION ISSUES GENERAL FUND (unaudited) The General Fund 2009 preliminary year -end numbers are much better than anticipated. The year end fund balance shows an increase of $654,894 over the 2009 revised budget. Most of the increase is due to continued cost cutting and service adjustments by Town staff in expenditures, which amounted to $644,500. Personnel Services were down by $237,703; Purchased Services were down $232,906 (Utilities, Contract Service, Dump Fees); Operating and Maintenance was down by $174,713 (Vehicle Gas Oil, Vehicle Parts and Supplies). Revenues came in under budget by $76,000. County sales taxes exceeded budget by $100,000 and Town sales taxes exceeded budget by $54,000. The current 2010 budget for Sales Taxes is roughly 4.5% below the 2009 Actual numbers. Based on the increase in the 2009 year end fund balance that will carry over to 2010, staff is recommending that these funds are set aside to offset any further decline in revenues in 2010 and thereby avoiding any further service or personnel cuts. Staff will continue to do their best to control costs throughout 2010. Since the audit is currently underway, staff will provide Council with the final year end numbers at the same time that we give you an update on the winter season in May. RETT FUND (unaudited) Although Real Estate Transfer Taxes came in $356,700 higher than budget, this increase is partially offset by a decrease in the Base Village Real Estate Transfer Taxes, which were down from budget by $177,400, this resulted in a net increase in taxes of $179,300. A few items to note: The budgeted purchase of buses and the revenues from the Federal Grant did not occur in 2009 due to the delay in the production of the buses. Therefore, the expenditure (decreased by the Federal Grant) will be set aside in a reserve fund to pay for the buses upon their arrival. Staff also expensed the $350,000 in the RETT Fund, which was recorded as a receivable for the Entryway from the Snowmass Land Company since negotiations are still on -going and we did not receive the cash. Year end carryover increased by $854,000, of which $820,000 is the reserve for the buses leaving an increase of $34,000 in Funds Available. MARKETING and SPECIAL EVENTS FUND (unaudited) The Marketing and Special Events Fund also ended on a positive note with an additional $228,000 in year end fund balance. Sales taxes came in $135,000 over budget and event revenues along with donations were up by $55,000. Expenditures came in under budget by $37,000. GROUP SALES FUND (unaudited) The Group Sales Fund year end carryover is up over budget as well. This fund ended the year with an additional $167,500 in fund balance. Lodging taxes were up by $17,000. Expenditures came in under budget by $148,000, which is comprised of savings in Personnel Costs and Operating Maintenance costs (supplies, postage, advertising, etc.). 111. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends setting aside the additional year -end carryover in the General Fund to offset any economic impacts that may occur in 2010 including decreases in sales tax revenues or planning and building revenues. Staff is planning to update the Town Council in May on the final audited year -end numbers as well as the financial health of the winter season. 0 o n o o o o o 'o m M o m p o o o 0 o m o o v o i m d O N. M `q N O O O O 0 d; O d m r O v f�I M v v O O M O w V p H O O dl .M.. m N v d W d O O S T v V} V? V, V3 V} V} 141- q+l 4A. V} V} V} V} Vf V! 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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 Robertsga,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. MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: March 1, 2010 SUBJECT: Discussion First Reading Ordinance No. 7, Series of 2010: An ordinance concerning development on slopes greater than thirty percent (30 within Lot 1, Rodeo Place Subdivision. Applicant: Dan Rotner, Coburn Development. Inc. Planner: Chris Conrad, Planning Director I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Applicant is requesting approval to permit the construction of two (2) duplex buildings on Lot 1, Rodeo Place Subdivision involving development within areas containing thirty percent (30 slopes. Action Requested: Approve, Modify or Deny first reading of Ordinance No. 7, Series of 2010. Second Reading is scheduled to occur on March 15. II. SUMMARY OF DESCRIPTION PROJECT: The Applicant has proposed two (2) duplex units within Lot 1 that will require a maximum twenty -one (21) foot cut into the slope and will utilize either the placement of a soil nailed retaining wall (as used for the duplex on Lot 2) or over dig the slope with the placement of a more substantial foundation system to retain the hillside. The first option is likely more expensive but the second method (if authorized by the geotechnical engineer) may prove to be less expensive however, it will disturb more of the natural vegetation. III. BACKGROUND: The Town Council approved Resolution No. 39, Series of 2006 "Resolution 39), authorizing the Rodeo Place Subdivision. Said approval allowed Lot 1 to contain a tri -plex unit but specified that "...it shall remain undeveloped at this time or until more site specific geotechnical and architectural plans are submitted and approved by Town Council." Town Council Ordinance No. 14, Series of 2006 "Ordinance 14 dealt with permitting development on thirty percent (30 slopes within the subdivision but required that "future residential development on Lot 1, Rodeo Place Subdivision shall require Town Council, by an affirmative vote of at least three quarters 3 of its members present and voting, to approve the development proposal." On February 2, 2009, the Town Council directed that the Applicant proceed with planning and designing Phase 2 of the Rodeo Place development. Applications have been submitted to amend Resolution 39 which includes a proposal to amend the resolution to permit the construction of two (2) duplex units within Lot 1 instead of the originally proposed tri -plex unit. The development proposal for Lot 1 concerning this development involving thirty percent (30 slopes has been submitted for consideration at this time. The Minor Subdivision Amendment will be considered during the March 15 Town Council meeting. IV. APPLICABLE REGULATIONS: The Town enacted Section 16A -4 -50, Geologic hazard areas, steep slopes and ridgeline protection areas of the Snowmass Village Municipal Code "Municipal Code to ensure that development does not occur on slopes that are excessively steep, unstable or hazardous. However, there is a provision, Section 16A -4- 50(d)(4), Other circumstances, in which Town Council may authorize development on slopes greater than thirty percent (30 in certain circumstances if at least three quarters (3/4) of the Town Council members present and voting approve an ordinance finding that: a. The development is unable to avoid the steep slopes, and the reasons therefore; and b. On the basis of competent engineering or geologic reports and data and testimony received, the design and /or construction techniques that will be incorporated within the development will satisfactorily mitigate the risk of potential harm to the public health, safety or welfare. For the Town to allow development under any circumstances, the applicant shall provide an opinion from a professional geotechnical engineer licensed in the State stating that: a. The slope is not prone to instability or failure; or b. The proposed development will not cause greater slope instability or increase the potential for slope failure, and that therefore, there will be no significant risk that damage to adjacent property will result from the proposed construction. A report from Hepworth Pawlak Geotechnical, Inc. (Job No. 108 037D) was provided as part of the application placed in the council members boxes. A copy is available for public viewing at the Town Planning Department. V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS: Avoid Steep Slopes. It is incumbent upon the Applicant to provide satisfactory reasons why thirty percent (30 slopes cannot be avoided. Please refer the application document for an explanation. As shown on Attachment 1, the steep slope areas within Lot 1 were identified on Exhibit "A" of Ordinance 14 and a tri- plex was provisionally authorized in Resolution 39. Both approvals were subject to receiving more site specific geotechnical and architectural plans for review and approval by Town Council. Attachment 2 is an aerial confirming that a residence had previously been located roughly where Lot 1 exists. Information has not been provided sufficient to ascertain whether portions of the existing slope is the result of man -made cutting or filling of an otherwise continuous natural slope. If so, Town Council approval is not necessary for development in these areas. Tri -plex vs. Duplexes. The Applicant has submitted a request to amend Resolution 39 to permit two (2) duplexes rather than one (1) tri -plex within Lot 1. Staff tends to agree that the area of disturbance involving thirty percent (30 slopes would be roughly the same. VI. STAFF RECOMMENDATIONS AND FINDINGS: Staff recommends that Town Council authorize certain development within areas of thirty percent (30 slopes on Lots 1 and approve first reading of the Ordinance. A super- majority vote is nor required until second reading. The recommendation by staff is subject to the Applicant sufficiently demonstrating why the thirty percent (30 slopes cannot be avoided and consideration of any public comments submitted at this meeting and on March 15 when the subdivision amendment is considered. VII. NEXT STEPS: Second Reading of the Ordinance on March 15. Exhibit "A" ATTACHMENT 1 Ord. No. 14, Series of 2006 (Page I of 1) o i I J/ Y! mo I 1 I� i. I�� Q, y IX 0 ti I I f z p W o S, h =moo u` Z3 I Z LL LU D fL u TTACHMENT 2 8i THE CROSSINGS SUBDIVISION b BRON G O -,G 7 1�L- i�1s r 1ri i RODEO PLACE SUBDIVISION Mr�pa�lQi C�iTerlFr ;Gi1 992.2910ESR1ltic 1 �s S 15a Y i'> i t crz ;ter sYai+a c� m+ea arms. erpyri�t icy 1s9z.�10 Esw r �nc. �r ATTACHMENT 3 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 7 5 SERIES OF 2010 6 7 AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES GREATER THAN THIRTY 8 PERCENT (30 WITHIN LOT 1, RODEO PLACE SUBDIVISION. 9 10 WHEREAS, Town Council Resolution No. 39, Series of 2006 "Resolution 39 granted 11 approval for the Rodeo Place Subdivision for the purpose of creating affordable housing units 12 on approximately 8.5 acres within Tract A of the Entryway Subdivision; and 13 14 WHEREAS, Lot 1, Rodeo Place Subdivision "Lot 1 was permitted to be platted as part of 15 the overall subdivision but was to remain undeveloped until more site specific geotechnical and 16 architectural plans were submitted and approved by Town Council; and 17 18 WHEREAS, Town Council Ordinance No. 14, Series of 2006 "Ordinance 14 granted 19 conditional approval for development to occur involving thirty percent (30 slope areas within 20 Rodeo Place Subdivision; and 21 22 WHEREAS, said Ordinance specified that future residential development on Lot 1 would 23 require that the Town Council, by an affirmative vote of at least three quarters of its 24 members present and voting, approve the development proposal; and 25 26 WHEREAS, Coburn Development, Inc., on behalf of the Town, has submitted a 27 development proposal to construct two (2) duplex units within Lot 1; and 28 29 WHEREAS, said proposal will involve development within thirty percent (30 slope 30 areas; and 31 32 WHEREAS, Section 16A- 4- 50(d)(4) of the current Municipal Code enables Town Council 33 to authorize development on slopes greater than thirty percent (30 in circumstances such as 34 those presented by the topographic information and development proposal if at least three 35 quarters 3 of the members of Town Council present and voting approve an ordinance finding 36 that: a) the development is unable to avoid the steep slopes, and the reasons therefore; and b) 37 on the basis of competent engineering or geologic reports and data and testimony received, the 38 design and /or construction techniques that will be incorporated within the development will 39 satisfactorily mitigate the risk of potential harm to the public health, safety or welfare; and 40 41 WHEREAS, Town Council has considered the Applicant's written responses to Section 42 16A- 4 -50(a) and the site /slope stability analysis from Hepworth Pawlak Geotechnical, Inc. (Job 43 No. 108 037D); and 44 45 WHEREAS, Town Council finds that the procedure and requirements set forth in Section 46 16A- 4- 50(d)(4) of the Municipal Code have been satisfied regarding development in those areas 47 containing slopes greater than thirty percent (30 within Lot 1, in that: 48 49 1. The duplex residential buildings are unable to avoid the steep slopes for the reasons 50 stated within Exhibit "B and 51 TC Ord 10 -07 Page 2 52 2. The design and construction techniques that will be incorporated within the development 53 will satisfactorily mitigate the risk of potential harm to the public health, safety or welfare; 54 and 55 56 WHEREAS, Town Council further finds that the adoption of this Ordinance is necessary 57 for the immediate preservation of the public health, safety and welfare. 58 59 NOW, THEREFORE, BE IT ORDAINED, by Town Council of the Town of Snowmass 60 Village, as follows: 61 62 1. Authorization. Town Council, by an affirmative vote of at least three quarters 3 of its 63 members present and voting, hereby authorize development on Lot 1, as shown on Exhibit "A 64 subject to the Applicant submitting with their Building Permit Application a soils report and 65 specific engineered site and building design proposal, including an opinion from a professional 66 geotechnical engineer licensed in Colorado stating that: a) the slope is not prone to instability or 67 failure; or b) that the proposed development will not cause greater slope instability or increase 68 the potential for slope failure, and that therefore, there will be no significant risk that damage to 69 adjacent property will result from the proposed construction. 70 71 2. Severability. If any provision of this Ordinance or application hereof to any person or 72 circumstance is held invalid, the invalidity shall not affect any other provision or application of 73 this Ordinance which can be given effect without the invalid provision or application, and, to this 74 end, the provisions of this Ordinance are severable. 75 76 INTRODUCED, READ AND APPROVED by Town Council of the Town of Snowmass 77 Village at First Reading on March 1, 2010 upon a motion by Council Member 78 the second of Council Member and upon a vote of in 79 favor and against. 80 81 READ, AMENDED AND ADOPTED by Town Council of the Town of Snowmass Village 82 at Second Reading on March 15, 2010 upon a motion by Council Member 83 the second of Council Member and upon a vote of in favor and 84 against. 85 TOWN OF SNOWMASS VILLAGE 86 87 88 89 Bill Boineau, Mayor 90 ATTEST: 91 92 93 Rhonda B. Coxon, 94 Town Clerk 95 96 APPROVED AS TO FORM: 97 98 99 John C. Dresser, Jr., Town Attorney Exhibit "A" TC Ordinance No. 7, Series of 2010 (Page 1 of 3) i s 4 �U fi a i LLL z F Y S0� 0 ti O enN n C Eomo�p w O p w Fo S Q) 311 Exhibit "A" TC Ordinance No. 7, Series of 2010 (Page 2 of 3) o v V A T F Y F 1 T �II/ I I I� I I I I ng -i -i _j _j _j Exhibit "All TC Ordinance No. 7, Series of 2010 (Page 3 of 3) A *N P- I S M 0 npn I O O Ad 91 V. j PEW �gffl cd 0 rA 1 g g Z 7:;; 1 �Cd Exhibit "B" TIC Ordinance No. 7, Series of 2010 (Page 1 of 4) Written Description: Rodeo Place Lot 1, Application for Town Council Authorization to Develop in a Geologic Hazard Zone, Slopes Greater than 30% Grade This is an application for Town Council approval to develop in areas of Lot 1 of the Rodeo Place Subdivision that have topography with slopes greater than 30% grade. This platted lot was included as part of the Final Plat approved by Town Council Resolution 39, Series 2006. The following language was included in the Resolution: "Lot 1 may be platted as part of the overall subdivision, yet it shall remain undeveloped at this time or until more site specific geotechnical and architectural plans are submitted and approved by Town Council." This application contains the architectural plans and geotechnical reports intended to define the development intent for this lot and the Geotechnical Engineer's assessment that the site is suitable for development. Per section 16A -4 -50 (d) 4. of the Land Use Code, we are requesting that permission be granted due to "Other Circumstances as follows The development of Lot 1 is necessary for the Owner (The Town of Snowmass Village) to attain the highest and best use of the site considering the overall objectives of the approved subdivision and the conditions included in the in the approval Resolution. The development potential of this site is a critical and limited resource in the Town's policy objective to deliver affordable housing to the community. The subdivision was approved for 29 units which can only be achieved if Lot 1 is developed to the fullest extent possible. Development located on Lot 1 cannot avoid areas with greater than 30% slope due to the fact that approximately 60% of the lot area and 42% of the approved building envelope area of the lot are comprised of land with slopes of greater than 30 There is not adequate space on the lot to avoid development on land areas with greater than 30% slopes. Primary reasons for the development of Lot 1 are as follows: a. The overall development potential of the Rodeo Place Subdivision was already significantly reduced during the subdivision review and approval process with reductions in the permitted FAR and height limits allowed in the MF zone district. These restrictions were imposed in an effort to mitigate adverse impacts to the neighboring community. b. Lot 1 was platted for development because its location is such that its development will minimize impact on the surrounding area. It is an ideal location to add density within the subdivision as it does not add traffic load to the internal road structure of Rodeo Place because it is located at the entrance to the subdivision. c. Lot 1 is shielded from the surrounding neighbor's view corridors by the existing topography. Coburn Development, Inc. 1811 Pearl Street, Boulder, CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303- 442 -3351 www.coburndev.com Rodeo Place Subdivision Last edit: 9115/20094 Exhibit "B" TC Ordinance No. 7, Series of 2010 (Page 2 of 4) d. Prior to the platting of Lot 1 an existing dwelling unit was located on this property. This structure was demolished at the time of infrastructure construction in anticipation of the development of this parcel. e. The access infrastructure for this lot is already in place. The Applicant acknowledges the purpose of Sec. 16A -4 -50. Geologic hazard areas, steep slopes and ridgeline protection areas. This application requests that the following mitigating circumstances and measures be considered during review: The conclusions of the Geotechnical Engineer's Slope Stability Assessment indicate that the site is suitable for development. The anticipated construction techniques utilized in the construction of the Lot 1 development have been selected to be appropriate for steep slope development and are as follows: a. The majority of the earth retaining required to construct on this lot will be accomplished by the foundations of the proposed buildings. This method will provide a similar result to the construction on Lot 2 of rodeo place where minimal retaining walls are visible in the finished result (see below) y Existing development on Lot 2 of Rodeo Place is built into the hillside b. The anticipated cut required for the foundation excavation will be a maximum of 21' deep as illustrated in the Excavation Study on Drawing GP1. There are two methods being considered to facilitate the excavation and provide for life safety during construction: Option 1: Soil nailed retaining wall placed at the vertical cut of the excavation. This is the method used on Lot 2. It is the more costly option and results in the minimum amount of disruption of native plants on the site. This would require a Coburn Development, Inc. 1811 Pearl Street, Boulder, CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303- 442 -3351 www.coburndev.00m Rodeo Place Subdivision Last edit: 9/15/20095 Exhibit "B" TC Ordinance No. 7, Series of 2010 (Page 3 of 4) less substantial concrete foundation as retaining is accomplished by the soil nailing. This is the default approach given our current understanding of conditions at the site. Option 2: Excavation with over -dig to avoid slope failure during construction. The existing sub -grade has proven to be very stable on this site and if the geotechnical engineer observes suitable conditions on site this may be an option. This is significantly less expensive than the soil nailing option. However, this increases the amount of disruption of natural vegetation. This also requires a more substantial foundation system as all retaining is accomplished by the foundation system. The applicant is requesting permission to utilize this method if it proves to be the more cost effective option The proposed approach to compliance with Section 16A-4 -320 (a) Landscaping Standards, shall be as follows a. To comply with paragraph (1) existing vegetation will be preserved to the greatest extent possible. However, some existing trees will need to be removed within the building envelope. The applicant is also requesting permission to remove an existing 18" dia. evergreen tree in the right of way. While this tree does not obstruct development of the site, planting of a new tree in this location would be prohibited due to its proximity to the travelled way and it is a potential obstacle for maintenance of the right of way. All trees proposed to be removed are located outside of the 30% slope areas of the parcel. b. To comply with paragraph (2) all landscaped areas of the site, with the exception of the limited sod areas in front of the individual dwelling units, will be replanted with native grass mixes to provide slope stability. New trees will be planted at the lower portion of the site to replace those removed to facilitate construction. The native plants on the sloped portion of the site consist of mixture of native grasses, sagebrush and other small shrubs. The grade on the uphill portion of the site has an eroded surface with little or no topsoil. Excerpts from the Project Manual for Rodeo Place Housing, Phase 2, detailing the requirements for installation of landscaping have been attached to this application. Secured jute netting will be provided at all steep slope areas as specified to prevent erosion. With the exception of the limited sod areas, no permanent irrigation is required for this landscape design. c. To comply with paragraph (3) all areas of the site will either be left undisturbed or replanted per the requirements of the landscape plans and specifications. The proposed approach to compliance with Section 16A -4 -320 (b) Grading Standards, shall be as follows: a. Regarding paragraph (1) mass grading is not anticipated. All site grading shall be accomplished within the scope of work required for the excavation of the foundation and utilities. Coburn Development, Inc. 1811 Pearl Street, Boulder, CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303- 442 -3351 www.coburndev.com Rodeo Place Subdivision Last edit: 9/15/20096 Exhibit "B" TC Ordinance No. 7, Series of 2010 (Page 4 of 4) b. Regarding paragraph (2), Limitations on site disturbance, the applicant is proposing the following approach. The platted building envelope is constrained to the anticipated building form to limit the bulk of any potential development at the site. Some disturbance of the site outside of the building envelope will be needed to excavate for the foundation and install the required underground foundation drain utility on the outside of the foundation walls. Re- grading of the site will be limited to these areas of excavation as detailed on the attached grading plan. In general, changes to the existing topography will be limited to areas behind the building and to the areas on either side of the building as required to facilitate drainage. c. To comply with paragraph (3) the building envelope will be marked during construction d. To comply with paragraph (4) all disturbed areas will be restored. e. To comply with paragraph (5) the design shall fit into the existing topography as described in the preceding sections of this Concurrent to this application, the Owner is also applying for a Minor Amendment to the Final Plat of the Rodeo Place subdivision that will allow for the construction of two duplex buildings on Lot 1 in place of the triplex building anticipated in the approved Final Plat of Rodeo Place. This change has been requested for the following reasons: a. The subdivision was approved for 29 units. Dwelling units were deleted from other areas of the site to improve the view from neighboring subdivisions. The addition of this unit to Lot 1 allows for the development of the approved number of units in the subdivision. The location and topography of Lot 1 accomplishes this goal with minimal impact to the neighbors. b. Providing two smaller structures on Lot 1 simplifies the site drainage design and reduces the amount of site disturbance required to complete the development. c. The reduced scale of two smaller structures reduces the visual impact of development on this parcel. Coburn Development, Inc. 1811 Pearl Street, Boulder, CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303 -442 -3351 www.coburndev.com Rodeo Place Subdivision Last edit: 9/15/20097 Oa out ATTACHMENT FOR ITEM No. O'� Discussion Lot 1 Rodeo Place Subdivision March 1, 2010 TOWN COUNCIL MEETING LOT 9 RODEO PLACE SUBDIVISION An Application for Town Council Authorization for Develop in a Geologic Hazard Zone Involving Slopes Greater than Thirty Percent Minimum Contents: Rodeo Place Lot 1, Application for Council Authorization to Develop in a Geologic Hazard Zone, Slopes Greater than 30% Grade 1. For all applications per Sec. 16A-5-40 1.1 Applicant's contact information: Daniel R. Rotner, AIA Senior Architect Coburn Development, Inc 1811 Pearl Street Boulder, CO 80302 P.303- 442 -3351 F. 303 447 -3933 drotner _coburndev.com See attached copy of e -mail dated 05/28/09 from Russell Forrest, Town Manager, authorizing Coburn as the applicant for this project. 1.2 Legal Description: The legal description is included on the Subdivision Plat Minor Amendment document 1.3 Disclosure of Ownership: The affected parcel of land is owned by the Town of Snowmass Village. 1.4 Written Description: See the following Written Description: Rodeo Place Lots 1 4 Open Space A, application for Minor Amendment of Final Plat. 1.5 Vicinity Map: A vicinity map is included on the Minor Amendment Plat document 1.6 Other maps: Additional drawings have been provided per the minimum contents required for the application for Council Authorization to Develop in a Geologic Hazard Zone, Slopes Greater than 30% Grade 1.7 Base Fee: Fees have been waived for this application for development approval on Town owned property. See attached copy of e -mail dated 05/28/09 from Russell Forrest, Town Manager, waiving fees for this application. 2. For an Application for Council Authorization to Develop in a Geologic Hazard Zone, Slopes Greater than 30% Grade 2.1 Minimum Contents for any application as listed above. 2.2 Written Description: See the following Written Description: Rodeo Place Lot 1, Application for Town Council Authorization to Develop in a Geologic Hazard Zone, Slopes Greater than 30% Grade 2.3 Other Information: a. Slope Stability Assessment, Proposed Duplex Lot 1 Rodeo Place Phase 2 Stallion Circle, Snowmass Village, Colorado b. Slope Exhibit Map, Lot 1 Rodeo Place, Town of Snowmass Village County of Pitkin State of Colorado c. Draft Minor Amendment Plat: Lots 1, 4 and Open Space A, Rodeo Place Town of Snowmass Village, County of Pitkin, State of Colorado d. Drawing LP1 Proposed Lot 1 Site /Landscape Plan, Floor Plans and Elevations Coburn Development, Inc. 1811 Pearl Street, Boulder, CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303 -442 -3351 www.coburndev.com Rodeo Place Subdivision Last edit: 9/15/20092 e. Drawing GPI Proposed Lot 1 Grading Plan f. Excerpts from the Project Manual for Rodeo Place Housing, Phase 2 SECTION 32 84 00: PLANTING IRRIGATION SECTION 32 91 00: PLANTING PREPARATION SECTION 32 92 19: SEEDING SECTION 32 92 23: SODDING SECTION 32 93 00: PLANTS Coburn Development, Inc. 1811 Pearl Street, Boulder, CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303- 442 -3351 www.coburndev.com Rodeo Place Subdivision Last edit: 9/15/20093 Written Description: Rodeo Place Lot 1, Application for Town Council Authorization to Develop in a Geologic Hazard Zone, Slopes Greater than 30% Grade This is an application for Town Council approval to develop in areas of Lot 1 of the Rodeo Place Subdivision that have topography with slopes greater than 30% grade. This platted lot was included as part of the Final Plat approved by Town Council Resolution 39, Series 2006. The following language was included in the Resolution: "Lot 1 may be platted as part of the overall subdivision, yet it shall remain undeveloped at this time or until more site specific geotechnical and architectural plans are submitted and approved by Town Council." This application contains the architectural plans and geotechnical reports intended to define the development intent for this lot and the Geotechnical Engineer's assessment that the site is suitable for development. Per section 16A -4 -50 (d) 4. of the Land Use Code, we are requesting that permission be granted due to "Other Circumstances as follows The development of Lot 1 is necessary for the Owner (The Town of Snowmass Village) to attain the highest and best use of the site considering the overall objectives of the approved subdivision and the conditions included in the in the approval Resolution. The development potential of this site is a critical and limited resource in the Town's policy objective to deliver affordable housing to the community. The subdivision was approved for 29 units which can only be achieved if Lot 1 is developed to the fullest extent possible. Development located on Lot 1 cannot avoid areas with greater than 30% slope due to the fact that approximately 60% of the lot area and 42% of the approved building envelope area of the lot are comprised of land with slopes of greater than 30 There is not adequate space on the lot to avoid development on land areas with greater than 30% slopes. Primary reasons for the development of Lot 1 are as follows: a. The overall development potential of the Rodeo Place Subdivision was already significantly reduced during the subdivision review and approval process with reductions in the permitted FAR and height limits allowed in the MF zone district. These restrictions were imposed in an effort to mitigate adverse impacts to the neighboring community. b. Lot 1 was platted for development because its location is such that its development will minimize impact on the surrounding area. It is an ideal location to add density within the subdivision as it does not add traffic load to the internal road structure of Rodeo Place because it is located at the entrance to the subdivision. c. Lot 1 is shielded from the surrounding neighbor's view corridors by the existing topography. Coburn Development, Inc. 1811 Pearl Street, Boulder, CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303- 442 -3351 www.coburndev.com Rodeo Place Subdivision Last edit: 9/15/20094 d. Prior to the platting of Lot 1 an existing dwelling unit was located on this property. This structure was demolished at the time of infrastructure construction in anticipation of the development of this parcel. e. The access infrastructure for this lot is already in place. The Applicant acknowledges the purpose of Sec. 16A -4 -50. Geologic hazard areas, steep slopes and ridgeline protection areas. This application requests that the following mitigating circumstances and measures be considered during review: The conclusions of the Geotechnical Engineer's Slope Stability Assessment indicate that the site is suitable for development. The anticipated construction techniques utilized in the construction of the Lot 1 development have been selected to be appropriate for steep slope development and are as follows: a. The majority of the earth retaining required to construct on this lot will be accomplished by the foundations of the proposed buildings. This method will provide a similar result to the construction on Lot 2 of rodeo place where minimal retaining walls are visible in the finished result (see below) i r s Existing development on Lot 2 of Rodeo Place is built into the hillside b. The anticipated cut required for the foundation excavation will be a maximum of 21' deep as illustrated in the Excavation Study on Drawing GPI. There are two methods being considered to facilitate the excavation and provide for life safety during construction: Option 1: Soil nailed retaining wall placed at the vertical cut of the excavation. This is the method used on Lot 2. It is the more costly option and results in the minimum amount of disruption of native plants on the site. This would require a Coburn Development, Inc. 1811 Pearl Street, Boulder, CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303 -442 -3351 www.coburndev.00m Rodeo Place Subdivision Last edit: 9/15120095 less substantial concrete foundation as retaining is accomplished by the soil nailing. This is the default approach given our current understanding of conditions at the site. Option 2: Excavation with over -dig to avoid slope failure during construction. The existing sub -grade has proven to be very stable on this site and if the geotechnical engineer observes suitable conditions on site this may be an option. This is significantly less expensive than the soil nailing option. However, this increases the amount of disruption of natural vegetation. This also requires a more substantial foundation system as all retaining is accomplished by the foundation system. The applicant is requesting permission to utilize this method if it proves to be the more cost effective option The proposed approach to compliance with Section 16A -4 -320 (a) Landscaping Standards, shall be as follows a.' To comply with paragraph (1) existing vegetation will be preserved to the greatest extent possible. However, some existing trees will need to be removed within the building envelope, The applicant is also requesting permission to remove an existing 18" dia. evergreen tree in the right of way. While this tree does not obstruct development of the site, planting of a new tree in this location would be prohibited due to its proximity to the travelled way and it is a potential obstacle for maintenance of the right of way, All trees proposed to be removed are located outside of the 30% slope areas of the parcel. b. To comply with paragraph (2) all landscaped areas of the site, with the exception of the limited sod areas in front of the individual dwelling units, will be replanted with native grass mixes to provide slope stability. New trees will be planted at the lower portion of the site to replace those removed to facilitate construction. The native plants on the sloped portion of the site consist of mixture of native grasses, sagebrush and other small shrubs. The grade on the uphill portion of the site has an eroded surface with little or no topsoil. Excerpts from the Project Manual for Rodeo Place Housing, Phase 2, detailing the requirements for installation of landscaping have been attached to this application. Secured jute netting will be provided at all steep slope areas as specified to prevent erosion. With the exception of the limited sod areas, no permanent irrigation is required for this landscape design. c. To comply with paragraph (3) all areas of the site will either be left undisturbed or replanted per the requirements of the landscape.plans and specifications. The proposed approach to compliance with Section 16A -4 -320 (b) Grading Standards, shall be as follows: a. Regarding paragraph (1) mass grading is not anticipated. All site grading shall be accomplished within the scope of work required for the excavation of the foundation and utilities. Coburn Development, Inc- 1811 Pearl Street, Boulder, CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303- 442 -3351 www.coburndev.com Rodeo Place Subdivision Last edit: 9/15/20096 b. Regarding paragraph (2), Limitations on site disturbance, the applicant is proposing the following approach. The platted building envelope is constrained to the anticipated building form to limit the bulk of any potential development at the site. Some disturbance of the site outside of the building envelope will be needed to excavate for the foundation and install the required underground foundation drain utility on the outside of the foundation walls. Re- grading of the site will be limited to these areas of excavation as detailed on the attached grading plan. In general, changes to the existing topography will be limited to areas behind the building and to the areas on either side of the building as required to facilitate drainage. c. To comply with paragraph (3) the building envelope will be marked during construction d. To comply with paragraph (4) all disturbed areas will be restored. e. To comply with paragraph (5) the design shall fit into the existing topography as described in the preceding sections of this Concurrent to this application, the Owner is also applying for a Minor Amendment to the Final Plat of the Rodeo Place subdivision that will allow for the construction of two duplex buildings on Lot 1 in place of the triplex building anticipated in the approved Final Plat of Rodeo Place. This change has been requested for the following reasons: a. The subdivision was approved for 29 units, Dwelling units were deleted from other areas of the site to improve the view from neighboring subdivisions. The addition of this unit to Lot 1 allows for the development of the approved number of units in the subdivision. The location and topography of Lot 1 accomplishes this goal with minimal impact to the neighbors. b. Providing two smaller structures on Lot 1 simplifies the site drainage design and reduces the amount of site disturbance required to complete the development. c. The reduced scale of two smaller structures reduces the visual impact of development on this parcel. Coburn Development, Inc. 1811 Pearl Street, Boulder, CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303 -442 -3351 www.coburndev.com Rodeo Place Subdivision Last edit: 9/15/20097 G oTt e h June 8, 2009 Coburn Attn: Dan Rotner 1811 Pearl Street Boulder, Colorado 80302 Job No. 108 037D Subject: Slope Stability Assessment, Proposed Duplex, Lot I. Rodeo Place Phase 2, Stallion Circle, Snowniass Village, Colorado. Dear Mr. Rotner: As requested, we have assessed the slope stability conditions on Lot 1 with regard to the proposed construction. We have been provided a site plan and building section for the lot. We previously conducted a subsoil study for the proposed housing project, report dated June 22, 2005, and reviewed the steep slope condition, and conducted subsurface exploration for the buildings on Lots 2 and 3, reports dated July 27, 2006 and August 21, 2006, Job No. 105 280 -1. The proposed development on Lot 1 will be a duplex building similar to those constructed on Lots 2 and 3. The building will be cut into the steep slope up to about 15 feet deep with the back foundation wall designed to retain the hillside. if development plans change significantly from those described above, we should be contacted for review and additional analysis as needed. Lot 1 is located on the south side of a knob of Mancos Shale bedrock that crops out on the Brush Creek valley floor in the project area. The bedding in the Mancos Shale strikes at about 20° to 30' northwest and dips at about 20° down to the northeast in the project area. The natural slopes on the lot are up to 50% to 60% in the steepest areas of the hillside. There are no indications of seepage or shallow groundwater on the hillside. The subsurface conditions of the hillside at the proposed building area were evaluated by drilling one boring near the back, common corner of the duplex units as shown on Figure l A log of the subsurface profile encountered at the boring is shown on Figure 2. The profile consists of a relatively shallow topsoil depth and about 8 feet of sandy clay with shale fragments overlying hard to very hard and relatively dry claystone bedrock to the drilled depth of 18%2 feet. Coburn .Tune 8, 2009 Page 2 The site plan and section provided and the exploratory boring profile indicate that the uphill building cut will be into fonnation rock. The orientation of the bedding in the Mancos Shale in the area of the lot appears to be roughly orthogonal to the rear cut wall of the proposed excavation. In our opinion, the existing slope is not prone to instability or failure and the proposed development on Lot 1 should be feasible based on the geologic and subsurface conditions. A representative of Ilepworth- Pawlak Geotechnical should review the cut slope conditions at the time of construction to confirm the subsurface profile and for additional slope stability information. The uphill building walls should be designed to retain the entire cut slope including additional height to achieve positive slope away from.the building for at least 5 feet. With proper cut slope support, the proposed development should not increase the potential for slope instability or risk of slope failure and damage to the adjacent properties. A foundation drain should be provided to protect the lower level from potential groundwater. The excavation at the final cut depth should be evaluated for foundation bearing conditions by a representative of the geotechnical engineer. If you have any questions, or if we may be of further assistance, please let us know. Sincerely, HEPWORTH PAWLAK GEOTECHNICAL, INC. Steven L. Pawlak, P.. SLP /ksw attachments: Figure 1- Location of Exploratory Boring Figure 2- Log of Exploratory Boring Figure 3- Legend and Notes Job No. 103 037D GecPtech APPROXIMATE SCALE 1 =20' 7920 7915 7920 -7910 7970 _7905 7905 -7900 7900 7 895- -7895 BORING PROPOSED Ja 0 "885 DUPLEX PROPOSED LOT 1 DUPLEX 7885 STALLION CIRCLE g 108 037D LOCATION OF EXPLORATORY BORING Figure 1 h;a �vlck a BORING 1 E LEV, 7895' i 0 0 33/12 5 WC =10.9 5 DD =122 UC =7,700 50/6 10 10 Q) a a� a LL s 50!3 O 15 APPROXIMATE BOTTOM OF EXCAVATION 15 20 20 25 25 NOTE: Explanation of symbols is shown on Figure 3. 108 037D LOG OF EXPLORATORY BORING Figure Hepworth —PaMao Geote.- hnlcol LEGEND: TOPSOIL; organic sandy silty clay, firm, moist, grey- brown. CLAY (CL); shale fragments, very stiff, slightly moist to moist, grey. MANGOS SHALE; very hard, slightly moist, dark grey. Relatively undisturbed drive sample; 2 -inch I.D. California liner sample. Drive sample blow count; indicates that 33 blows of a 140 pound hammer falling 30 inches were 33/12 required to drive the California sampler 12 inches. Depth at which boring had caved when checked on June 1, 2009. T Practical drilling refusal. NOTES: 1. The exploratory boring was drilled on May 27, 2009 with a 4 -inch diameter continuous flight power auger. 2. Location of the exploratory boring was measured approximately by pacing from features shown on the site plan provided. 3. The exploratory boring elevation was obtained by interpolation between contours on the site plan provided and checked by instrument level. 4. The exploratory boring location and elevation should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory boring log represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered in the boring at the time of drilling or when checked 5 days later. Fluctuation in water level may occur with time. 7 Laboratory Testing Results: WC Water Content DD Dry Density (pcf) UC Unconfined Compressive Strength (psf) f 108 037D LEG ND AND NO I EZ- Figure 3 I- «°(w�rt�+— Porrla�c Gea��c1-rtfcal O� a t 1 yy 1 0 1 Willi q ti V �nnn t� Z 0-0n o V pa a r" O O`��m 0 q Vgf O W a r^ ho F ww O 4 Umuh¢U ti I fir O U t19j; a r^ a 3 i w I k s L I O c &z mkt e� a €a ill Atli? :I daa3 a ?a e 5 fi {n a 31 u d €a E 6 J w c p w O [d� o 1 o L65L,L65L ..%•jC' o w a b n h1 w °pp n o a. 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Z `y W N N NV0- y A ro O y r: y} •a a r k y 2 O Y T Y` 00' ,x3 S t mR ft M l Z i k't ��xw r e t �d� d k +s s� h t a w ,~•a A�x"ty r IZ r m x "z i .z IM >Y y r a w s 'kro 5 r✓�, °aC s 3 d� sfli� n r� r ""`s� 3 yas s 3� k a 6 �w i F27 u 4 "ku "�t` ts, r s s��P k�dYgri�� qg x ti^ 'b 2• 6YS r� x, b, s Y Yasxl, 4,fia 1'§�. r tC' x ��'����k7 x' 4 Y� x"k�j •s ek,c i,¢� Y i� x 9 a G 2 gi t 4 t �"fk s� i i �'Y �b x i�oru kz Y u R 'L� r y r MEMORANDUM TO: Snowmass Village Town Council FROM: David Peckler Transportation Director DATE: March 1, 2010 SUBJECT: Resolution #13 Series of 2010 EOTC Initial 2010 and Revised 2009 Sales and Use Tax Budget I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Staff requests Council's approval of Resolution 11, Series of 2010 as amended to appropriate funds for the projects in the 2009 and 2010 Elected Officials Transportation Committee (EOTC) budgets for the Pitkin County' /2 Cent Sales and Use Tax. The text of the Resolution has been edited to remove the last paragraph concerning reservation of the net bondable revenue. II. BACKGROUND NEED FOR COMP PLAN UPDATE Attached are a revised EOTC budget for 2009 and the initial budget for 2010. EOTC Budget Summary See attached 2009 -10 Budget and Multi -year Plan for details. Total 2009 Revenues $4,149,000 Total 2009 Expenditures $4,335,374 Annual Surplus (Deficit) (186,374) Cumulative Surplus (Deficit) $8,778,047 Total 2010 Revenues $4,139,800 Total 2010 Expenditures $3,246,602 Annual Surplus (Deficit) 893,198 Cumulative Surplus (Deficit) $9,671,245 The most significant changes to the 2009 budget are a reduction in the sales tax revenue estimate and the extension of no -fare Aspen Snowmass bus service through year -end. The major projects included in the 2010 budget are as follows: 1. $50,000 contribution for transportation associated with X -Games 2. RFTA contribution (81.04% of /z Cent Sales Tax) 3. No -fare Aspen Snowmass and Woody Creek bus service through April 11, 2010 This resolution does not include the designation of at least two thirds of each year's EOTC net bondable revenue to fund the Entrance -to -Aspen capital project. "Net bondable revenue" is defined as the sum of the annual proceeds from the 'h% transit sales and use tax minus the 81.04% of the sales tax that is contributed to RFTA.) This annual dedication to the Entrance -to -Aspen was discussed at the August 6 th EOTC meeting. The EOTC budget includes funding for the Fare Subsidized Snowmass Village to Aspen bus service until April 11, 2010. There is no funding for the service beyond that point. Council will have to discuss with the EOTC at their next meeting on March 18, 2010 whether to continue the Fare Subsidized service between Aspen and Snowmass Village. A committee is meeting to discuss possible options to continue Aspen Snowmass bus service beyond the winter season. III. APPLICABLE REGULATIONS The approval by all three jurisdictions that comprise the EOTC is necessary for appropriation of the Pitkin County 'h Cent Sales and Use Tax. IV. DISCUSION ITEMS NEXT STEPS NA V. NEXT STEPS MAJOR MILESTONES NA VI. ACTION REQUESTED OF COUNCIL Approve the Resolution. TOWN OF SNOWMASS VILLAGE RESOLUTION NO. 13 SERIES OF 2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, APPROVING THE INITIAL 2010 BUDGET AND A REVISED 2009 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES AND USE TAX WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and the Pitkin County Board of County Commissioners (the "Parties have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan which are eligible for funding from the Pitkin County one -half cent transit sales and use tax; and WHEREAS, by intergovernmental agreement dated September 14, 1993, the Parties agreed: a. To conduct regular public meetings to continue to refine and agree upon proposed projects and transportation elements consistent with or complimentary to the Plan; and b. That all expenditures and projects to be funded from the County -wide one -half cent transit sales and use tax shall be agreed upon by the Parties and evidenced by a resolution adopted by the governing body of each party; and WHEREAS, at the EOTC meeting held on October 15, 2009, the Parties considered and approved the attached initial 2010 budget for the Pitkin County one -half cent transit sales and use tax; and WHEREAS, at EOTC meetings held on April 6, August 6, and October 15, 2009, the Parties considered and approved the attached revised 2009 budget for the Pitkin County one -half cent transit sales and use tax which extends funding through the end of 2009 for no -fare Aspen Snowmass bus service; and WHEREAS, the Town of Snowmass Village Council desires to ratify the approvals given at the EOTC meetings by adoption of this resolution. NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, that the attached initial 2010 budget and revised 2009 budget for the one -half cent transit sales and use tax are hereby approved as summarized below: Total 2009 Revenues $4,149,000 Total 2009 Expenditures $4,335,374 Total 2010 Revenues $4,139,800 Total 2010 Expenditures $3,246,602 READ, APPROVED, AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 1st of March, 2010 upon a motion made by Council Member the second of Council Member and upon a vote of in favor and opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor APPROVED AS TO FORM John Dresser, Town Attorney ATTEST: Rhonda Coxan, Town Clerk x N X c O cc L c C m N U7 0 0 0 0 d' (o U) N O W I- O O O O N (6 6) 'ct C6 I� LO to' It O O 00 06 00 lO (6 N —1 6) Nt <O" O: LO tp Z c V O of M rnoO mW v a) O U') M M M LO N Cl) 00 d N U7 00 It 00 LO i P•) (O N T O a] H 0 0 0 0 co N Ch N U) (6 0 0 0 O LLI 0000 6)0000 C\l N O6j O. LO U)00 o N L cY O M O CO Ui O O c c o r N f- LO '[Y CO W M W �i' O N O O M V' V• M N M 0{ CV d N U7 ti O T 00 O CCU tO M rt N M 49 4 0000 Ol-- NO O O 0) O 0 0 0 0 0 0 0 N 6) c0 0 V• 00 OOMa0 u7000 O W C Ui c 04 O U) 0 U) C6 M M U) N 0 0 C0° mot' O. N CO O (6 M 'V' N M e4 N W OOOO CONOOO Cl O 0t 6):o LO O O O O tl- 0 00 0 O LO CCYF N Lo 000000 M6) fl- O O U) Ca 0) LO N tQ 0)NU r- cN N.�-LO N d N CY N co I� O cl M M W- L- Co 0 0 0 T N O O O Co r O N M: 0 0 0 L- 0000 V' TOO O M N e-OT$ V, 000 d O O o0 00 I N O O O r tD !D N o o r 0) (D T��T toga -O W N NtO M° r N M00�m e N M In N N N0 r- m M N M T O O O O 00 Cl) O O O O 41 N to M O O 't d• n 0 0 0 OOOO t-- t-- 00 O MO)It (flNt OMf-- J 0000 O O O O O0 I- U') O O O t- tl. O M N O Cl) O tl- LO (4 T T O) (O Il 6) M N O O O "i d• (O r f 6) 00 O u7 CO M 4.1 'fl O Cl) 0 ti rf' CO e- LO CO N W V" f- N co N cli mg ISO m C> O m P. O o° N o o o U O U o Z� N m� X'�OOOO I 1 10 Q.(fl m w N `--O0 f6 LL c(D U) O D U U U U C a) E >.Q Z z a) cU N N N N N LL '55 Zn Z W" a���� AI c c E N U) f.i. O N E .U) co -p xx. X- .N O p N N O3 a) a) .n J' m N E N U) w a) o m .6 E E E E E a) E ca O CA R o a�i E aN m m m ouJV�cnu�u�U w' c c a o c o c c c -O WV F a)rn°?c��� >.2 o M_` c c o N m (D a) N v°i °i w o m J a) V o o (D o w p Y Q Q Q Q Q� o c U U E x o U V E U E o o a) x a) N r c 3 Q ns `m c`o as m `m 0 m x E o D N N w V-v- v� w >c v c icL oo0000 Fa a)> LLI aa5� Smmxm`mwRmzzzzzz� U a) N a N M d' U7 0 0 T O r r O O: N a U ti5 U N r W O O N M TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: AMENDMENT TO DEVELOPMENT AGREEMENT BUILDING 7 ESSENTIAL PUBLIC FACILITY DATE: March 1, 2010 1. PURPOSE Attached is the Amendment to Development Agreement which has been submitted by Related. 2. DISCUSSION Related Westpac is requesting that the Town Manager be given authority to execute the agreement after negotiations of final deal points P: \shared \Clerk\Mem 2010 \03 -01 -10 Memo Related Bldg 7 Agree.doc RELATED February 23,2010 Russ Forrest Town Manager Town of Snowmass Village 130 Kearns Road P.O. Box 5010 Snowmass Village, CO 81615 Re: Development Agreement for Building 7 Essential Public Facility Dear Russ, Attached, please find two copies of a proposed amendment to the Development Agreement regarding Building 7 Essential Public Facility between Base Village Owner LLC and the Town of Snowmass Village. The intent of our proposed revision to the agreement is to provide the Town with additional security and to resume the project. Related WestPac has recently released the elevator /escalator contractor to begin fabrication. We look forward to discussing this amendment with Town Council on March 1, 2010. If you have any questions or concerns, please feel free to contact me at (970) 366 -2853. Sincerely, I to l Scott Stenman VP of Development cc: D. Romero Related WestPac J. D'Agostino Related WestPac M. Brenner Related M. Orbison Related T. Siegel Related J. Krabacher Krabacher Sanders 16 Kearns Road, Suite 301, Snowmass Village, CO 81615 (970) 544 -0620 (t) (970) 920 -3384 (f) AMENDMENT TO DEVELOPMENT AGREEMENT (Building 7 Essential Public Facility) THIS AMENDMENT TO DEVELOPMENT AGREEMENT (this Amendment is made effective as of the day of 2010 among BASE VILLAGE OWNER LLC, a Delaware limited liability company and the TOWN OF SNOWMASS VILLAGE, COLORADO, a Colorado municipal corporation (the Town WHEREAS BVO and the Town have entered into a Development Agreement dated February 25, 2009 (the Development Agreement and WHEREAS Section 1.4 of the Development Agreement allows the Town, at its sole discretion, to substitute collateral in lieu of the Bond under the Development Agreement; and WHEREAS BVO and the Town desire to amend the Development Agreement as set forth herein, to among other things, substitute a cash escrow for the Bond; and WHEREAS the capitalized terms in the Amendment that are not otherwise defined herein have the meanings set forth in the Development Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Completion Dates The deadline of December 17, 2009 as set forth in Section 1.2(d)(vi) of the Development Agreement is amended to November 24, 2010. The "B7 Completion Date" asset forth in Section 1.4 is amended to November 24, 2010. The deadline of December 17, 2009 as set forth in Section 1.8 of the Development Agreement is amended to November 24, 2010. The Interim Building 7 Schedule attached to the Development Agreement as Exhibit B is amended as set forth in the Amended Interim Building 7 Schedule attached as Exhibit A to this Amendment. All construction contracts will be entered into as "stipulated sum" or "lump sum" contracts by BVO, and all such construction contracts will be assignable to the Town without the consent of the contractor(s) in the event of an uncured default by BVO. 2. Substitution of Cash Escrow for Bond Section 1.5 of the Development Agreement is hereby amended in its entirety and replaced with the following: "1.5 Security for Improvements (a) BVO will cause the sum of Four Million and no/100 Dollars ($4,000,000.00) (the Escrow Funds to be deposited with and held by Alpine Bank, Snowmass Escrow Agent for the benefit of BVO and the Town. The Town, BVO and the Escrow Agent shall enter into the Escrow Agreement as attached hereto as Exhibit B Upon the execution and delivery this Amendment and the Escrow Agreement, BVO will fund of the Escrow Account. As provided in the Escrow Agreement, the {00286158.DOC 311 balance in the Escrow Account from time to time will never be less than One Million and no /100 Dollars ($1,000,000.00) (the Minimum Balance and BVO will fund the Escrow Account from time to time to maintain the Minimum Balance in the Escrow Account. (b) BVO, or an affiliated entity, will immediately commence the Pre- Construction Activities (as defined below) with respect to the Interim Building 7 improvements described in the Development Agreement. The costs for the Pre Construction Activities will be funded as provided in the Escrow Agreement. (c) Pre construction activities (the .Pre- Construction Activities means and includes (but is not limited to) the following: (i) Completion of construction documents and the building permit application for Interim Building 7 consistent with the Plans and conceptual renderings of the exterior of interim Building 7 as defined and described in Section 1.3 of the Development Agreement including submission thereof to the Town no later than March 1.5, 2010; (ii) Commission final shop drawing production by conveyance manufacturer for escalator set and for two (2) elevators, in accordance with the construction plans for Interim Building 7; (iii) Submit order and initiate production process with conveyance manufacturer for the escalator set and two (2) elevators; and (iv) Upon receipt of building permit approval, conunence materials ordering and other preparatory actions prior to commencement of construction activities. 3. Release of Bond Upon the completion of the following items: (i) execution and delivery of this Amendment by all parties hereto; (ii) completion of the Pre Construction Activities; (iii) execution of a binding construction contract (in a form approved by the Town) with a qualified contractor (to be approved by the Town) for the performance of the Work required for construction of Interim Building 7; and (iv) execution. and delivery of the Escrow Agreement and the funding of the Escrow Funds to the Escrow Agent, then the Town and BVO will immediately authorize the release of the Performance Bond No. K08218572 (the Bond previously delivered by WESTCHESTER FIRE INSURANCE COMPANY (the "Sure and will subsequently execute and deliver any further or other documents or certificates that may be required to terminate and release the Surety from any liability under the Bond or the Development Agreement, and will terminate and release BVO from any liability under the Bond. Upon execution of the Escrow Agreement and the funding of the Escrow Funds to the Escrow Agent, all references to the Bond in the Development Agreement are deleted and shall be of no further force or effect and BVO shall be deemed not to be in default under the Development Agreement. {00286158.DOC 3)2 4. Default Section 3.1 of the Development Agreement is hereby amended in its entirety and replaced with the following. "3.1 If BVO is in default in the performance of BVO's obligations under the Development Agreement or the Amendment to Development Agreement, BVO shall have the right to cure said default after written notice by the Town of the default to BVO. If BVO fails to cure such default within ten (10) days after written notice is given from the Town to BVO specifying the nature of the default (or if such default carmot be cured within the ten (10) day period of time, if BVO shall fail to promptly commence to cure the same and thereafter diligently proceed with such cure), then the Town shall be entitled to undertake such work as may be necessary and appropriate to cure such default, or at the Town's election, the Town may complete BVO's obligations under the Development Agreement and the Amendment to Development Agreement and the Town shall be entitled to full reimbursement for the reasonable costs of all such work from the funds in the Escrow Account. Any written notice required to be given to BVO shall be given by first class mail, postage prepaid, and by certified mail, return receipt requested, to the addresses set forth in Section 3.9 of the Development Agreement, as amended by the Amendment to Development Agreement." 5. Original Building 7 A new Section 1.9 is added to the Development Agreement as follows: "1.9 BVO may, with the Town's consent (which will not be unreasonably withheld or delayed), elect to construct the originally designed and approved Building 7 in lieu of constructing the Interim Building 7. In the event that BVO elects to construct Building 7 in lieu of constructing the Interim Building 7, all parties will work cooperatively in order to process any necessary applications in a timely marmer. In such event, BVO and the Town will cooperate in determining a new schedule of Completion Dates and BVO will use commercially reasonable best efforts to open the Transit Center and Vertical Circulation as soon as possible. In any event, the Building 7 Vertical Conveyance (as defined in the Development Agreement) must be completed in accordance with the Amended Interim Building 7 Schedule attached as Exhibit A to this Amendment." b. Notices Section 3.9 of the Development Agreement is hereby amended to delete the reference to Patrick N. Smith for notices to BVO and to substitute Dwayne Romero, Vice President in place of Patrick N. Smith. 7. Additional Amendments The Development Agreement is hereby amended to add the following requirements: (a) BVO will pay to the Town the cost of the Town hiring an owner's representative to monitor the perfonnance of the Work and to review construction contract(s); and (b) BVO will pay to the Town the cost of the Town hiring an independent inspection agency Independent Inspector to observe and inspect the Work. The determination of the Independent Inspector as to the perfonnance of the Work will be binding on the parties hereto. 8. No Other Amendments Except as set forth in this Amendment, there are no other amendments or modifications to the Development Agreement. In the event of any inconsistency 100286158.DOC 3 }3 between the provisions of this Amendment and the provisions of the Development, Agreement, the provisions of this Amendment shall control. IN WITNESS WHEREOF, the parties have caused this Amendment to Development Agreement to be signed as of the date written above. BVO: BASE VILLAGE OWNER LLC A Delaware limited liability company By: Print Name: Title: f00286158.DOC 3 14 IN WITNESS WHEREOF, the parties have caused this Amendment to Development Agreement to be signed as of the date written above. TOWN: TOWN OF SNOWMASS VILLAGE, COLORADO A home rule municipality By: Town Manager 100286158.DOC 13; 5 EXHIBIT A (Amended Interim Building 7 Schedule) DESCRIPTION COMPLETION DATE 1. Completion of preconstruction activities as defined by the submission of building permit application; 2. Purchasing elevator /escalator; 3. Mobilization: 4. Initiate installation of vertical circulation; 5. Initiate construction of building at Village Level; 6. Complete construction of building at Village Level; 7. Completion of vertical circulation; 8. Initiate installation of exterior fagade; 9. Complete installation of exterior fagade; 10. Completion of building amenities i.e. bathrooms, transit offices, heaters etc. {00286158.DOC 3 }6 EXHIBIT B (Escrow Agreement) {00286158.DOC 317 ESCROW AGREEMENT This Escrow Agreement (the Agreement is made this day of 2010, by and among BASE VILLAGE OWNER LLC, a Delaware limited liability company BVO and THE TOWN OF SNOWMASS VILLAGE, COLORADO, a Colorado municipal corporation Town and ALPINE BANK, a Colorado banking corporation Escrow Agent RECITALS: A. BVO is the owner of the Base Village P.U.D. (the Proiect located in the Town of Snowmass Village, Pitkin County, Colorado. B. BVO and the Town entered into a Development Agreement dated February 25, 2009, as amended by the Amendment to Development Agreement of even date herewith (collectively the Development Agreement attached as Exhibit A C. Pursuant to the Development Agreement, BVO and the Town have agreed to create an escrow fund in the amount of Four Million and no /100 Dollars ($4,000,000.00) (the Escrow Funds to be held by Escrow Agent and to be used for the purpose described below. D. The estimated cost to construct Interim Building 7 is One Million Nine Hundred Eighty Thousand and no /100 Dollars ($1,980,000.00) as described on Exhibit B hereto, and BVO has agreed to escrow more than the estimated costs of construction in order to provide a cushion of additional funds in the event the actual costs of construction exceed the estimated costs of construction. E. Escrow Agent has agreed to hold the Escrow Funds in accordance with the terms and provisions hereinafter set forth. F. The capitalized terms set forth in this Escrow Agreement that are not otherwise defined herein shall have the meanings set forth in the Development Agreement. NOW, THEREFORE, the parties agree as follows: 1. Pu1Ji ose Under the Development Agreement, BVO has agreed to perform certain Pre Construction Activities and subject to the terms of the Development Agreement has agreed to construct Interim Building 7 (the The purpose of this Escrow Agreement is to provide for the monthly releases of portions of the Escrow Funds by the Escrow Agent. 2. Term This escrow shall commence upon full execution and delivery of this Agreement and the Development Agreement, and continue until satisfaction of all terms and conditions Of this Agreement, or until this escrow is terminated pursuant to Section 12 below. f 00285112.DOC 51 {002851 12.DOC 5} 1 3. Deposit of Escrow Funds Upon full execution and delivery of this Agreement, BVO agrees to deposit the Escrow Funds with Escrow Agent. The Escrow Funds shall be held in an interest bearing account with all interest to accrue to BVO, whose E.I.N. is 01- 0882899. The balance in the Escrow Account from time to time will never be less than One Million and no/ 100 Dollars ($1,000,000.00) (the Minimum Balance and BVO will fund the Escrow Account from time to time to maintain the Minimum Balance in the Escrow Account. 4. Cost Plus BVO covenants with Town to furnish its best skill and judgment and to cooperate with Town in furthering the interests of Town. BVO agrees to furnish efficient administration and management of the Work and to use its commercially reasonable best efforts to complete the Work in an expeditious and economical manner consistent with the interest of Town. 4.1 Pam The Escrow Agent shall pay BVO in current funds for perfonning the Work, a Contract Sum equal to the total of the Cost of the Work. Applications for Payment will be made monthly as Work is performed as described below. Upon Substantial Completion and certification of the final Application for Payment, the balance of the Escrow Funds will be paid by the Escrow Agent to BVO. 4.2 Payment for Work by Contractors and Subcontractors As provided in this Section 4, the Escrow Agent will pay BVO the total of all allowable costs that have been paid or incurred by BVO's contractors or subcontractors (the Contractors in performing the Work. 4.3 Allowable Costs The Escrow Agent will pay BVO the total of all allowable costs provided in this section incurred by BVO in performing the Work (the Cost of the Work not to exceed the amount of the Escrow Funds. The allowable costs are as follow: (i) salaries, wages and bonuses of on -site employees, including supervisory and administrative personnel performing work on site and at other off -site locations previously approved by Town but only to the extent of their time spent applicable to the Work, and all burdens including sick leave, vacation and holiday pay, health and retirement benefits, insurance, Social Security contributions and unemployment, excise and payroll taxes; (ii) permanent materials and equipment including all costs of transportation, handling and storage and a reasonable allowance for waste and spoilage, less the cost of returnable excess material and equipment; (iii) costs incurred with Contractors for parts of the Work performed by Contractors; (iv) professional consultants including scheduling consultants, architects, engineers, surveyors and testing laboratories reasonably required for performing the Work; (v) costs and rental charges, whether rented from Contractors or others, of other materials, supplies, temporary facilities, machinery, equipment, utilities, fuel, lubricants and hand tools not customarily owned by construction workers and which are provided for performing the Work, including transportation, installation, maintenance, minor repairs, dismantling and removal; (vi) fees and assessments for the building and other permits required for performing the Work; (vii) job indirect costs; (viii) costs of cleaning the Site and other work areas; (ix) sales, use, consumer and similar taxes imposed by applicable laws and regulations; (x) 2 100285112.DOC 15; {00285] 12.DOC 151 the portion of insurance premiums applicable to the Work; (xi) reasonable transportation, travel and subsistence costs incurred by employees in perfonning their duties relative to the Work; (xii) deposits lost for causes other than those arising out of fault on the part of BVO; (xiii) costs incurred for the prevention of any damage, injury or loss arising out of an emergency; (xiv) miscellaneous minor expenses including long-distance telephone calls, telegrams, shipment and delivery charges and other reasonable petty cash expenditures; and (xv) subject to Town's prior written approval, all other reasonable and necessary costs incurred in performing the Work. Payments will be also made on account of materials and equipment delivered and suitably stored on site or at other agreed locations. The Cost of the Work shall also include the allowable costs incurred by BVO in repairing or correcting damaged or defective work not caused by BVO or its Contractors. 4.4 Excluded Costs Except as expressly allowed as a Cost of the Work, the Cost of the Work shall not include: (i) salaries, wages, bonuses or any other benefits or burdens of any of BVO's supervisory and administrative personnel; (ii) costs of any of BVO's offices; (iii) home office general and administrative or overhead expense of any kind; (iv) BVO's capital expenses of any kind including interest; (v) any costs which are due to fault on the part of BVO or its Contractors; (vi) any costs which would exceed the amount of the Escrow Funds; or (vii) any and other costs not expressly allowed as a Cost of the Work. 4.5 Records BVO shall at all tunes keep and maintain current, complete, accurate and detailed records of accounts and supporting documentation relative to the Work. BVO shall keep and maintain all records for three (3) years after final payment. The Town and its representative shall be entitled to review, audit and copy the records at any time on or prior to final payment. BVO will maintain on site for Town's review and copying, one clean and legible set of all drawings, specifications, addenda, change orders and other modifications. All records will be kept in good order and marked currently to record all changes made in the Work during construction. 4.6 Schedule of Values After execution of this Agreement, BVO will submit a new bid package to Contractors and will seek to obtain bids from the Contractors for each portion of the Work. The Town will be entitled to review BVO's contracts with its Contractors, but BVO will be entitled to award contracts such Contractors as may be determined by BVO in its discretion. BVO agrees that all agreements with Contractors will be assignable to the Town in the event of an uncured event of default by BVO. The schedule of values (the Schedule of Values for the Work will be adjusted based on the awards. BVO will submit the Schedule of Values to the Town. The Schedule of Values will be allocated to the various parts of the Work. As Change Orders are issued and at other appropriate times, BVO will submit a revised Schedule of Values to the Town. 5. Applications for Payment At least once a month, BVO shall submit to the Town an itemized application for payment Application for Payment for the part of the Work 002851 1 z.00c 5) 3 completed through the date indicated in the Application, including stored materials and equipment. 5.1 Each Application for Payment shall show previous payments and retainage on Contractors and will be funded to BVO by the Escrow Agent and BVO will make disbursements to the Contractors as listed on each such Application for Payment. Provided BVO has received payment of all sums due under previously submitted Applications for Payment, BVO agrees to accompany its current Application for Payment with its own lien waiver and lien waivers from all of its Contractors, suppliers and others, all of which shall be to the extent of payment received for the time covered by the previous Application for Payment. BVO is pennitted to obtain lien waivers from its Contractors by stamping a lien waiver release on each disbursement check. 5.2 Applications for Payment may include requests for payment of amounts not in dispute on account of changes in the Work which have been authorized but not yet included in a Change Order. 5.3 No Application for Payment shall include any request for payment of any amount BVO does not intend to pay to any of its Contractors or suppliers. 5.4 The Applications for Payment will be funded by the Escrow Agrent from the Escrow Funds. 6. Retainage An amount equal to ten (10 percent of the amount due to Contractors, suppliers and others on each Application for Payment shall be withheld until fifty (50 percent of the Work has been satisfactorily performed. Thereafter, the remaining Applications for Payment shall be paid without retaining additional funds if, in the opinion of Town, satisfactory progress is being made in the Work. If the progress thereafter becomes unsatisfactory, Town may reinstate the retainage on Contractors. Upon Substantial Completion and BVO's submission of its final Application for Payment, the Escrow Agent shall pay an amount sufficient to increase the total payments to Contractors, suppliers and others to one hundred (100 percent. 7. Town Review of Applications Within seven (7) days after Town's receipt of each Application for Payment, the Town's designated representative shall either issue its certificate for payment Certificate for Pa menf to the Escrow Agent and furnish a copy to BVO, or return the Application for Payment to BVO with the Town's specific reasons for refusing to issue its Certificate for Payment. Upon return of the Application to BVO, BVO may correct and resubmit it to the Town. If portions of the Application for Payment are not objected to by the Town, those portions of the Application for Payment will be paid to BVO by the Escrow Agent. 8. Certificates for Pa went The issuance of a Certificate for Payment shall constitute a representation by Town that based upon the Town's observations, inspections, tests and approvals of the Work and review of BVO's Application for Payment with its supporting {002851 I2.DOC\ 5)4 documentation, the Work has progressed to the extent indicated in the Application for Payment, and to the best of Town's designated representative knowledge, information and belief, the quantity and quality of the Work and BVO's performance complies with BVO's obligations, and BVO is entitled to payment from the Escrow Agent in the amount certified. 8.1 Payment to BVO and Contractors The Escrow Agent shall pay BVO within two (2) days after the Town's designated representative issues a Certificate for Payment. Upon receipt of payment from the Escrow Agent, BVO will pay each Contractor and supplier, the amount paid to BVO on account of Work performed or materials and equipment furnished by each such Contractor and supplier as shown on the Application for Payment. 8.2 Nonpayment by Town If the Town's designated representative fails to issue any Certificate for Payment or the Escrow Agent fails to make any payment due BVO, then without prejudice to any other right or remedy it may have and upon five (5) days written notice to Town and the Escrow Agent, BVO may stop all Work, all deadlines in the Amended Interim Building 7 Schedule attached as Exhibit A to the Amendment to Development Agreement shall be extended two days for each one day that the Town's designated representative fails to issue any Certificate for Payment or the Escrow Agent fails to make any payment due BVO, and the amount due under the Certificate for Payment will accrue interest at the rate of 18% per annum from the date of such written notice to Town and the Escrow Agent until payment is made to BVO. 9. Final Payment Final payment will be made to BVO within ten (10) days after BVO has submitted its final Application for Payment and the Town's designated representative has issued a Certificate for Payment. Within 30 days after the earlier of: (i) issuance of a temporary certificate of occupancy for the Work; or (ii) actual use of the Transit Center, all funds remaining in the Escrow Account will be disbursed to BVO. If, after Substantial Completion, final completion of the Work is delayed through late issuance of change orders which affect final completion, unavailability of materials or equipment or other causes beyond the control of BVO, the Escrow Agent shall make a progress payment for the additional part of the Work completed and accepted as certified by the Town's designated representative. The snaking of final payment by the Escrow Agent shall constitute a waiver of all claims by Town against BVO except those arising from unsettled liens, latent defects and any warranties and guarantees. 10. Arbitration If the Town's designated representative provides BVO with a letter of deficiency with respect to any such portion of the Work for which BVO has filed an Application for Payment, then the Town engineer shall meet with BVO's architect and/or engineer to discuss and agree on any requirements necessary to bring such portion of the Work into conformity with the Plans. Upon compliance with any requirements delineated by the Town's engineer for compliance with the Plans, the Escrow Agent will release that portion of the Escrow Funds allocated for the cost of such portion of the Work. If not resolved within such period of time, the parties agree to submit all unresolved objection(s) to the Independent Inspector (as defined in the Amendment to Development Agreement (Building 7 Essential Public ,00285112.DOC E 5,15 Facility) Independent Inspector who will make a final determination as to the objection(s) and the decision of such person shall be final and binding upon the parties. BVO shall effectuate any remedial measures required by the decision of the Independent Inspector, and upon completion of any items to the reasonable satisfaction of the Independent Inspector, the Escrow Agent shall release the appropriate amount of the Escrow Funds as relates to such completed portion of the Work to BVO. 11. Defaults In the event that BVO fails to complete any Work or otherwise commits an uncured material event of default under the Development Agreement, this escrow shall continue and the Town shall have the right, as provided by the Development Agreement, to complete the Work and to deliver the bill therefor to the Escrow Agent for payment. The failure to perform any portion of the Work by the deadline for performance of that portion of the Work as set forth in Exhibit A to the Development Agreement shall be deemed to be a material event of default under the Development Agreement. In such event, the Town is hereby granted a right of entry to the project site to perform the Work. Upon the Town's completion of the Work, all Escrow Funds remaining in the escrow and any interest accrued thereon shall be paid to BVO. Nothing herein shall preclude the parties from mutually establishing a different procedure for obtaining partial releases from the Escrow. Upon completion of the Work and receipt of a certificate of occupancy for the Work, and upon final payment for the Work, the Escrow Agent shall release any remaining fiinds in the Escrow to BVO. 12. Term and Termination The term of this Agreement shall commence upon the date hereof and will terminate upon disbursement of the Escrow Funds (the Escrow Termination Date unless sooner terminated as provided herein. 13. Standard Escrow Instructions This Agreement is subject to the terms and conditions set forth in the "Escrow Agreement" attached hereto as Exhibit C Escrow Agent Standard Instructions In the event of any conflict between the provision of this Agreement and the provisions of the Escrow Agent Standard Instructions the provisions of the Escrow Agent Standard Instructions shall control. 14. Notices Any notices required or permitted to be sent pursuant to this Agreement shall be in writing and shall be deemed served, given, delivered and received upon the earlier of: (a) when personally received by the party to whom it is addressed; or (b) three (3) business days after being deposited with the United States Postal Service, registered or certified mail, return receipt requested; or (c) one business day after being deposited with a commercial overnight courier for overnight delivery with all required charges prepaid. All notices sent pursuant to clause (b) or (c) above shall be addressed to the party to be served at the appropriate address, as set forth below. Any party may change its address for the purpose of this Section by giving written notice of such change to all other party in the manner provided for in this Section. If to the Town: Town of Snowmass Village P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615 �00285I12.130C 5 6 Attn: Town Manager With copy to: Town of Snowmass Village P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615 Attn: Town Attorney If to BVO: Base Village Owner LLC P.O. Box 6565 (USPS Only) 16 Kearns Road, 3` Floor (Fed Ex and UPS) Snowmass Village, CO 81615 Attn: Dwayne Romero, Vice President With a copy to: Sherman Howard, L.L.C. 201 N. Mill Street, Suite 201 Aspen CO 81611 Attn: B. Joseph Krabacher As to Escrow Agent: Alpine Bank PO Box 5490 16 Kearns Road Snowmass Village, CO 81615 Personal delivery shall be deemed to have occurred when any notice is delivered to the offices of the party for whom the delivery is intended, and may be evidenced by an affidavit of delivery, or to such address as the parties may from time to time designate in writing with notice as provided herein. 15. General Provisions No amendment of this Escrow Agreement is binding on Escrow Agent unless in writing signed by all parties hereto and deposited with Escrow Agent. Should any dispute arise among the parties hereto or third parties or should Escrow Agent receive conflicting demands with reference to the funds and instruments deposited with Escrow Agent, the Escrow Agent may, at its option but without limiting other rights, stop all proceedings in the performance of this Escrow Agreement and withhold delivery of monies and instruments in its possession until such dispute or conflicting demands have been resolved and written proof thereof has been delivered to Escrow Agent or Escrow Agent may file an interpleader suit in any court of competent jurisdiction. On the filing of an interpleader suit the Escrow Agent shall be fully released and discharged from any obligations or liability in connection with this Escrow Agreement. Town and BVO each agrees to indemnify, pay and hold Escrow Agent harmless from all charges, damages, judgments, costs, expenses and reasonable attorneys fees expended or incurred by Escrow Agent. The parties acknowledge that Escrow Agent is a mere stakeholder and shall not be required to perform any services or duties except the safekeeping of money or instruments received by it and the disposition of the same in accordance with the written 1002851 i2.00e v 5 }7 instructions set forth above. The Escrow Agent shall not be liable for the lack of authority of any person to execute the documents referred to above, the failure of the parties to comply with the agreements contained herein or any documents filed or referred to herein. Inadvertent failure of the Escrow Agent to comply with this Escrow Agreement or any agreement or document filed or referred to herein, fraud perpetrated by any person in connection with this escrow, or forgeries or impersonations occurring in connection with this Escrow. Escrow Agent shall be liable only for its willful acts or any misconduct with respect to this Escrow Agreement. Escrow Agent shall not be responsible for the sufficiency, correctness or validity of any instruments deposited with Escrow Agent. IN WITNESS WHEREOF, the Town has executed this Escrow Agreement to be effective as of the date first set forth above. TOWN: TOWN OF SNOWMASS VILLAGE, COLORADO A home rule municipality By: Town Manager {002851 12.DOC 15 1 8 IN WITNESS WHEREOF, BVO has executed this Escrow Agreement to be effective as of the date first set forth above. BASE VILLAGE OWNER LLC A Delaware limited liability company Signature Print Name: Title: {00285] 12.DOC 1519 IN WITNESS WHEREOF, Escrow Agent has executed this Escrow Agreement to be effective as of the date first set forth above. ESCROW AGENT: ALPINE BANK Signature Print Name: Title: {00285112,DOC 15} 10 EXHIBIT A (Development Agreement and Amendment to Development Agreement) 00285112,DOC 51 1 I EXHIBIT B (Estimated Costs of Construction) 00285112.Docv5112 EXHIBIT C (Standard Escrow Instructions) joozss 1 1z.00c s} 13 MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: March 1, 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. Council approved Ordinance 6 of 2010 at First Reading on February 22, 2010. 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 10 -05 Ordinance Page 2 of 5 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 10 -05 Ordinance Page 3 of 5 93 WITHOUT LIMITATION OR CONDITION AS A VOTER APPROVED 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 10 -05 Ordinance Page 4 of 5 138 Member Wilkinson, the second of Council Member Mordkin, and upon a vote of five (5) 139 in favor and none (0) against. 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 MEMORANDUM TO: Snowmass Village Town Council FROM: Barbara Peckler, Arts Advisory Board Liaison DATE: March 1 2010 SUBJECT: SECOND READING 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 Second reading of Ordinance No. 4 changing the name of the committee from Arts Advisory Board to Snowmass Village Arts Advisory Board (SAAB) and to make changes to the responsibilities' listed in the Sec. 2 -174 of the code. 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. Town Council hereby approves the logo previously adopted by the Arts Advisory Board for its use, provided that said Arts Advisory Board logo is always utilized in conjunction with the official logo of the Town of Snowmass Village. 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 these changes. 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 4 5 SERIES OF 2010 6 7 AN ORDINANCE AMENDING AND RESTATING PROVISIONS OF ARTICLE VII OF 8 CHAPTER 2 OF THE SNOWMASS VILLAGE MUNICIPAL CODE TO CHANGE THE 9 NAME AND QUALIFICATIONS OF THE ARTS ADVISORY BOARD AND 10 APPROVING THE LOGO ADOPTED BY THE ARTS ADVISORY BOARD 11 12 WHEREAS, the Arts Advisory Board has recommended to the Town Council that 13 certain provisions of the Snowmass Village Municipal Code be amended; and 14 15 WHEREAS, the Town Council desires to change the name and qualifications as 16 established in Article VII of Chapter 2 of the Snowmass Village Municipal Code for the 17 Arts Advisory Board; and 18 19 WHEREAS, the Town Council desires to establish a new name and qualification 20 by restating Article VI I of Chapter 2 of the Snowmass Village Municipal Code; and 21 22 WHEREAS, the Town Council desires to amend and restate the provisions of the 23 Snowmass Village Municipal Code as hereinafter setforth; and 24 25 WHEREAS, the Town Council finds that the adoption of this Ordinance is 26 necessary for the immediate preservation of the public health, safety and welfare. 27 28 NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE 29 TOWN OF SNOWMASS VILLAGE, as follows: 30 31 32 1. Chapter 2, Article VII, Section 2 -171 through Section 2 -174 shall be 33 amended to read as follows: 34 35 ARTICLE VII 36 37 Snowmass Village Arts Advisory Board (SAAB) 38 39 Sec. 2 -171. Establishment of Snowmass Village Arts Advisory Board (SAAB) 40 A permanent Snowmass Village Arts Advisory Board (SAAB), specifically designated as 41 "advisory, is hereby created. (Ord. 11 -1991; Ord. 9 -1993) 42 43 Sec. 2 -172. Qualifications 44 All members of the Snowmass Village Arts Advisory Board (SAAB) shall have some 45 experience in arts, cultural, educational or community organizations. (Ord. 11 -1991) 46 47 Sec. 2 -173. Composition,appointment,terms. 10 -04 Ordinance Page 2 of 3 48 The Snowmass Village Arts Advisory Board (SAAB) shall consist of not less than five(5) nor 49 more than fifteen (I5) members, who shall serve overlapping terms of two (2) years each. The 50 term of each member shall be designated in the Resolution of Appointment by the Town 51 Council. (Ord. 11 -1991; Ord. 9 -1993; Ord. 23 -2000) 52 53 Sec. 2 -174. Responsibilities 54 The Snowmass Village Arts Advisory Board (SAAB) shall have the following responsibilities; 55 (1) Provide direction and leadership for future cultural arts initiatives, as they impact 56 the Town's funding. 57 (2) Act as a cultural arts advocate and consultant to the Town Council by promoting 58 awareness and education concerning the cultural arts. 59 (3) Provide a resource of information and expertise on cultural arts issues. 60 (4) Function as the primary cultural arts liaison between the Town Council and the 61 community. 62 (5) Process, review and make recommendations to the Town Council on arts- related 63 and cultural related issues, propositions and funding proposals by: 64 a. Holding a forum a minimum of every four (4) years for all cultural arts 65 organizations 66 (6) Review and evaluate progress of the Snowmass Village Arts Advisory Board 67 (SAAB) Strategic Planning Document 68 (7) Present annual reports to the Town Council outlining the condition of the cultural 69 arts serving the Town and goals for future development. 70 (8) To work in cooperation with any organization which purports to represent and 71 develop special cultural events within the Town to keep within the goals and 72 objectives of the cultural arts long -rang plan. 73 (9) To render such other recommendations or advice as the Town Council may 74 request. (Ord. 11 -1991; Ord. 9 -1993; Ord. 23 -2000. 75 76 2. Town Council hereby approves the logo previously adopted by the Arts 77 Advisory Board for its use, provided that said Arts Advisory Board logo is 78 always utilized in conjunction with the official logo of the Town of 79 Snowmass Village. 80 81 82 3. Severability If any provision of this Ordinance or application hereof to 83 any person or circumstance is held invalid, the invalidity shall not affect any other 84 provision or application of this Ordinance which can be given effect without the invalid 85 provision or application, and, to this end, the provisions of this Ordinance are severable. 86 87 88 89 INTRODUCED, READ, AND APPROVED as amended on First Reading by the 90 Town Council of the Town of Snowmass Village, Colorado on this 22 day of February, 91 2010, upon a motion made by Council Member Mordkin and the second by Council 92 Member Lewis, upon a vote of five (5) in favor and none (0) opposed. 10 -04 Ordinance Page 3 of 3 93 94 READ, APPROVED AND ADOPTED on Second Reading by the Town Council 95 of the Town of Snowmass Village, Colorado on this 1st day of March, 2010, upon a 96 motion made by Council Member and the second by Council Member 97 upon a vote of in favor and opposed. 98 99 TOWN OF SNOWMASS VILLAGE 100 101 102 103 ATTEST: Bill Boineau, Mayor 104 105 106 107 Rhonda Coxon, Town Clerk 108 109 APPROVED AS TO FORM: 110 111 112 113 John C. Dresser, Jr., Town Attorney 114 115 116 117 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: MARCH 1, 2010 Pending Strategic Actions Last Updated February 23, 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 John Dresser Demolition Council asked that an ordinance be prepared April 19, 2010 to provide a period of time to review demolition permits before demolition of a building occurred. Council agreed that staff should develop language for future PUDs to identify critical 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 April 5, 2010 Code Issues also be considered with the completion of the Comprehensive Plan. Staff would recommend having a work session with Council to review potential code changes. Housing Housing Draw Site /Land On February 17 1h 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 April 5, 2010 Department nexus study and can begin to work with the Town on a new housing policy. The Planning Commission is also reviewing housing goals as part of the Comp. Plan review. Staff will schedule two agenda items based on the input from Council on October 6 (these could be on the same dates) which would be 1) policy 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 April 19, 2010 Excise Tax and its application Joe C Natural Disasters On 11/3/08 Council asked that staff further Complete. (Terri and Cost evaluate criteria for allowing some costs from Everest) Recovery in Deed property damage incurred by natural disasters Restricted For in deed restricted homes to be recovered Sale Housing upon the resale of the home. Examples of criteria discussed included: cap on recovery based on a (percent) value of the home and 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 15, 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 15, 2010 Susan process for city relationship creating a Sister City Relationshi Hunt, David, Pedestrian Staff should evaluate how to improve Complete 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 Will follow -up with a Russ Authority Council Scope of Work by April 5, 2010 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 7" DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA MARCH 15, 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: 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. 5: 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. 6: PRESENTATION ON CREDIT CARD ACCEPTANCE BY THE TOWN OF SNOWMASS VILLAGE (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Review staff information and provide direction. Marianne Rakowski ..........................Page (TAB) Item No. 7: PRESENTATION BY SUSAN MARKWOOD REGARDING DALY TOWNHOME DISPUTE (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Listen to presentation -Susan Markwood Item No. 8 RECREATION CENTER SUBSIDY (Time: 30 Minutes) 03 -15 -10 TC Page 2 of 3 ACTION REQUESTED OF COUNCIL: Receive staff report and provide direction to staff regarding fee increases -Hunt Walker /Andy Worline ...........................Page (TAB Item No. 9: PUBLIC HEARING AND RESOLUTION NO. 15 SEREIS OF 2010 RODEO PLACE MINOR SUBDIVISION AMENDMENT (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 15, Series of 2010 -Chris Conrad Item No. 10: PUBLIC HEARING AND SECOND READING ORDINANCE NO. 7,_SERIES OF 2010 DEVELOPMENT ON SLOPES GREATER THAN THIRTY PERCENT (30 WITHIN LOT 1, RODEO PLACE SUBDIVISION (Time 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Ordinance No. 7, Series of 2010, Public Hearing on March 15, 2010 -Chris Conrad Item No. 11: DISCUSSION BUILDING 8 SPA IN BASE VILLAGE: (Time: 60 Minutes) REGARDING A PROPOSED MINOR PUD AMENDMENTS FOR BASE VILLAGE BUILDING 8 MOUNTAIN CLUB SPA ADDITION. ACTION REQUESTED OF COUNCIL: Provided direction to determine findings and conditions in an ordinance for subsequent consideration at another meeting -Jim Wahlstrom ...........................Page (TAB Item No. 12: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest Page (TAB Item No. 13: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB--) Item No. 14: APPROVAL OF MEETING MINUTES FOR: Page (TAB--) Item No. 15: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Page (TAB--) Page (TAB Item No. 16: ADJOURNMENT 03-15-10 TC Page 3 of 3 NOTE: Total time estimated for meeting: Approx 5 hours (excluding items 1-3 and 13 —16) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. (If the Meeting ends before 9:00 p.m.) 1 SNOWMASS VILLAGE TOWN COUNCIL 2 REGULAR MEETING MINUTES 3 MONDAY, DECEMBER 7, 2009 4 5 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town 6 Council on Monday, December 7, 2009 at 4:13 p.m. 7 8 Item No. 1 ROLL CALL 9 COUNCIL MEMBER PRESENT: Mayor Bill Boineau, John Wilkinson, Reed 10 Lewis 11 Markey Butler and Arnold Mordkin arrived late 12 COUNCIL MEMBERS ABSENT: All Council Members were present 13 STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, 14 Town Attorney; Hunt Walker, Public Works 15 Director; Marianne Rakowski, Finance Director; 16 Chris Conrad, Planning Director; Jim 17 Wahlstrom; Senior Planner, Rhonda B. Coxon, 18 Town Clerk 19 20 PUBLIC PRESENT: Madeleine Osberger, Doug Casbeer, Charlie 21 Podolak, Jim Hooker, Bianca Hooker, Mary 22 Lou Farrell, Bill Moriarty, David Perry, John 23 Mele and other member of the public interested 24 in today's agenda items. 25 26 Item No. 2 PUBLIC NON AGENDA ITEMS 27 There were no public non agenda items. 28 29 Item No. 3 COUNCIL UPDATES 30 Loving Tree 31 Council Member Lewis stated the Loving Tree, which benefits Hospice throughout the 32 Valley, will take place at the Silvertree Hotel on December 8, 2009 at 5:00 p.m. 33 34 Anderson Ranch Holiday Open 35 Council Member Lewis stated that the Anderson Ranch Holiday Open is also taking 36 place December 8, 2009 from 5:00 7:00 p.m. and this year there is an opportunity for a 37 $15 dinner. 12 -07 -09 TC Minutes Page 2 of 10 38 Base Village Bills 39 Council Member Wilkinson spoke to a letter that was signed between the Town of 40 Snowmass Village and Base Village owners that relieved them of any financial 41 responsibilities prior to 2007. He feels we should continue to pursue the payment of 42 these bills and the taxpayers are in no way responsible to pay for these bills. 43 44 Snowmass Tourism 45 Council member Wilkinson would like to have staff look into a possible German sister 46 city. He is willing to serve on a task force or board. Council was in support. 47 48 Gymnasium Floor 49 Council Member Wilkinson noted that the basketball court at the Recreation Center will 50 be opening December 8, 2009. He hass also noted he saw people skating on the new 51 ice rink. 52 53 Colorado Division of Wildlife Letter 54 Mayor Boineau read a letter addressed to the Mayor from the Division of Wildlife 55 thanking Laurie Smith and Tina White for the outstanding help and service to the DOW 56 during this past bear season. 57 58 Item No. 4 RESOLUTION NO. 34, SERIES OF 2009 APPRECIATION TO BIANCA 59 HOOKER 60 Mayor Bill Boineau read Resolution No. 34, Series of 2009 in appreciation to Bianca 61 Hooker for all of her accomplishments and her thirty -two years of service. 62 63 Mayor Bill Boineau made the motion to approve Resolution No. 34, Series of 2009. 64 John Wilkinson seconded the motion. The motion was approved by a vote of 3 in favor 65 to 0 opposed. 66 67 Voting Aye: Mayor Bill Boineau, John Wilkinson, and Reed Lewis. 68 69 Voting Nay: None. 70 Item No. 5 PUBLIC HEARING 2010 ROAD MILL LEVY FUND 71 Finance Director Marianne Rakowski stated that at the October 18, 2009 Town 72 Council meeting that Council directed staff to pull the Road Mill Levy Fund from the 73 resolution adopting Town budgets, to allow the Council time to hear from their 74 constituents regarding the increase in funding and to receive the final certification of 75 assessed valuation from the Pitkin County Assessor. 76 77 Attached are the four budget scenarios that were presented to Council on October 19, 78 2009. Each scenario has a different funding level with expenditures adjusted to meet 12 -07 -09 TC Minutes Page 3 of 10 79 those levels. Also attached is a summary that estimates the impact each scenario has 80 on property owners (based on an estimated increase of 30% of market value). Hunt 81 Walker is available to discuss all four scenarios with Council. 82 At the time of the budget presentation, staff presented a budget allocating 5 mills for 83 current and future road projects to the Financial Advisory Board (Scenario #1). Based 84 on the Financial Advisory Board's recommendation, staff prepared a pared down 85 revenue budget with a 9.83% increase in property tax revenues over 2009 and an 86 expenditure budget cutting various road projects (Scenario #2). Staff also prepared two 87 additional scenarios: one that uses 75% of the revenue that the Town would receive 88 under the 5 mill levy scenario (Scenario #3) and one that uses 50% of the revenue that 89 the Town would receive under the 5 mill levy scenario (Scenario #4). The expenditures 90 were decreased to meet the various funding levels. 91 Public Works Director Hunt Walker spoke to the four scenarios and stated that the staff 92 recommendation is to stay at 5 mills. 93 94 At 4:25 p.m. Mayor Boineau opened the Public Hearing for this discussion. 95 96 Rick Griffin Chairman of the Financial Advisory Board (FAB) spoke to the 97 recommendation of the FAB in a small increase instead of the full 5 mills. The Town has 98 the capability to recoup in future years after the re- assessment. 99 100 Rick Griffin resident of Snowmass Village stated that people on fixed incomes have 101 had a bad year and things are not looking up for 2010 so please be careful in this 102 discussion. 103 104 Fred Kucker member of the FAB stated the FAB did not suggest a cut as most people 105 are doing, they suggested a reduction. 106 107 John Wilkinson made the motion to approve adopting the Budget as suggested by the 108 Financial Advisory Board. Reed Lewis seconded the motion. The motion was approved 109 by a vote of 2 in favor to 1 opposed. 110 111 Voting Aye: Mayor Bill Boineau, and Reed Lewis. 112 113 Voting Nay: John Wilkinson 114 Fred Kucker a Snowmass Village resident stated he is not suggesting we put things off. 115 He suggests that we deal with economic reality the Town is looking at a windfall. 116 117 At 5:04 p.m. Mayor Boineau closed the Public Hearing. 118 12 -07 -09 TC Minutes Page 4 of 10 119 Reed Lewis made the motion to approve reconsidering the approval of the FAB 120 recommendation. John Wilkinson seconded the motion. The motion was approved by a 121 vote of 3 in favor to 0 opposed. 122 123 Voting Aye: Mayor Bill Boineau, John Wilkinson, and Reed Lewis. 124 125 Voting Nay: None. 126 Item No. 6 RESOLUTION NO. 30 SERIES OF 2009 LEVYING PROPERTY 127 Finance Director Marianne Rakowski stated that this Resolution certifies the Mill Levy to 128 Pitkin County based on the direction from Town Council in the earlier agenda item 129 which approve the FAB recommendation of 4.097 mils. 130 131 John Wilkinson made the motion to approve Reed Lewis seconded the motion. The 132 motion was approved by a vote of 3 in favor to 0 opposed. 133 134 Voting Aye: John Wilkinson, Reed Lewis, and Mayor Bill Boineau. 135 136 Voting Nay: None. 137 Item No. 7 PUBLIC HEARING AND SECOND READING ORDINANCE NO. 20 138 SERIES OF 2009 AMENDING THE MUNICIPAL CODE CHAPTER 18 ADOPTING 139 THE 2009 SERIES OF INTERNATIONAL CODES 140 141 At 5:12 p.m. Mayor Boineau opened the Public Hearing. 142 143 Building Official Mark Kittle was present to speak to any questions or comments from 144 Town Council. 145 146 John Wilkinson made the motion to approve second reading of Ordinance No. 20, 147 Series of 2009, adopting the International Codes in Chapter 18 of the Municipal Code a 148 roll call vote was taken. Reed Lewis seconded the motion. The motion was approved 149 by a vote of 3 in favor to 0 opposed. 150 151 Voting Aye: John Wilkinson, Reed Lewis, and Mayor Bill Boineau. 152 153 Voting Nay: None. 154 Item No. 8 RECOVERY EXPENSES FOR NATURAL DISASTER DAMAGE IN DEED 155 RESTRICTED FOR SALES HOUSING 156 Housing Director Joe Coffey stated Town Council requested a discussion with staff to 157 determine if deed restricted employee homeowner's expenses incurred due to a Natural 12 -07 -09 TC Minutes Page 5 of 10 158 Event should be recoverable. The current housing guidelines are very specific and do 159 not allow the homeowner to recover any type of repair. The discussion today is related 160 to the flood event at the Crossings on July 3, 2006 and the repair expenses incurred by 161 two homeowners. He stated the topic has been discussed with Town Council and last 162 November Council directed staff to meet with homeowners Casebeer and Podolak to 163 review flood expenses and discuss the flood event. 164 165 Also both homeowners feel the flooding from this event was due to the Town not having 166 an adequate storm drainage system for the Crossings neighborhood. The repair 167 expenses vary significantly on these homes due to the different home designs. The 168 Podolak's home was completely flooded on the bottom floor (half of their home) and 169 Casebeer's home had a substantial amount of flood damage in their finished basement. 170 Charley Podolak has submitted invoices for $46,919 of which $40,129 are true 171 construction expenses. Doug Casebeer has submitted invoices for $23,425 of which 172 approximately $20,000 was spent on true construction repairs. Both of these 173 homeowners did not have insurance for a flood event so these were out of pocket 174 expenses. Staff has provided pos and cons in the packet including three options for 175 Town Council. Staff recommendation is to determine that the construction repair 176 expenses are homeowner expenses and not recoverable. Keeping affordable housing 177 affordable is a difficult task and all items added to the resale price will impact future 178 home buyers forever. This is the primary reason why the Town's Housing Guidelines 179 have been so restrictive in controlling the resale price to date. 180 181 Doug Casebeer and Charlie Podolak homeowners at the Crossings both spoke to 182 Council in regards to the hardship this incident caused both families and the would 183 rather have the money at this time not the adjustment to the resale price. 184 185 Bill Moriarty, a witness to the event, and spoke against the cost going to the resale of 186 the unit which is passing the buck, and the homeowners need the reimbursement now. 187 188 John Wilkinson made the motion to direct staff to bring forward a resolution stating for 189 25 percent of the construction cost go towards the resale of the house and bring back 190 the resale price if passed on to future homeowners. Lewis is open to cash something. 191 Mayor Boineau is not in favor of spending Town dollars. Reed Lewis seconded the 192 motion. The motion was approved by a vote of 3 in favor to 0 opposed. 193 194 Voting Aye: Mayor Bill Boineau, John Wilkinson, and Reed Lewis. 195 196 Voting Naye: None. 197 Russ Forrest stated that this item will come back before Town Council sometime in the 198 beginning of next year. 199 200 Item No. 9 JAS UPDATE 12 -07 -09 TC Minutes Page 6 of 10 201 Town Manager Russ Forrest stated that at the November 16, 2009 Council meeting, 202 representatives of Jazz Aspen Snowmass (JAS) requested that the Town increase their 203 support/sponsorship of the event from $150,000 to $250,000. JAS also requested that 204 the Town allow more tickets to be sold for the event. As an alternative to those 205 requests, JAS asked that the Town support a change in venue to Buttermilk for greater 206 capacity to support "A" level talent which would allow for increased attendance. Since 207 various messages had been communicated from JAS over the last month, the Council 208 and staff asked that JAS put their request in writing which is included in today's packet. 209 He stated that the staff provided three options for the Town Council relating to the JAS 210 Labor Day Festival, 1) an increase from $150,000 to $250,000 and /or allowing more 211 tickets to be sold 2) JAS moves to Buttermilk with a $75,000 sponsorship from TOSV 212 and 3) TOSV takes no action, meaning that JAS accepts the $150,000 and does not 213 determine another location for the event. 214 215 After a lengthy discussion between Town Council, staff and JAS staff the consensus of 216 Town Council is to stay in Snowmass Village with the $150,000 and possibly look at the 217 site to see if we could enhance it to allow more tickets to be sold. 218 219 Item No. 10 PUBLIC HEARING -DISCUSSION A RE- ZONING TO "MULTI- FAMILY" 220 (MF) AND A REVISED MINOR PRELIMINARY PLANNED UNIT DEVELOPMENT AND 221 AMENDMENT REGARDING THE PROPOSED SNOWMASS CLUB CIRCLE 222 DEVELOPMENT PROJECT INVOLVING A TWO FAMILY DWELLING 223 Senior Planner Jim Wahlstrom stated that all posting and publishing requirements have 224 been met and the purpose of today's meeting is to allow staff to introduce and present 225 pertinent information concerning the application, hear a presentation by the applicant of 226 the revised Preliminary Plan and Amendment application as revised August 17tge, 227 received August 21 st 2009, open the Public Hearing and receive Public Comment, staff 228 comments and Planning Commission comments, allow time for application to respond 229 to all comments and finally provide directives to staff in preparing a subsequent 230 ordinance with findings and recommendations for consideration. 231 232 The previously revised application for a three family dwelling was presented to Town 233 Council, at that time the public and Town Council comments indicated an unfavorable 234 reaction to the proposal. Stan Clauson and Patrick Rawley from Stan Clausen 235 Associates, Inc. provided a PowerPoint presentation which now involves a two family 236 dwelling. 237 238 At 7:43 p.m. Mayor Boineau opened the Public Hearing. 239 240 At 7:43 p.m. Council Member Mordkin arrived. 241 242 Howard P. Foley, President and Homeowner at the Country Club Townhomes spoke to 243 the request by the applicant to re- zoning to "Multi- Family The CCTH board feel this 12 -07 -09 TC Minutes Page 7 of 10 244 should be zoned a "Duplex Residential" then there would be some assurance that 245 possible future development proposals would likely be more compatible with the 246 surrounding neighborhood. 247 248 Town Council consensus was size, mass, scale and the zoning are not favorable to 249 Town Council at this time and they cannot support this applicant as presented today. 250 251 At 8:39 Council Member Butler arrived. 252 253 At 8:40 p.m. Mayor Boineau continued the Public Hearing to January 19, 2010 254 255 Town Council took a break at this time. 256 257 Item No. 11 DISCUSSION AND FIRST READING -ORDINANCE NO. 11 SERIES OF 258 2009- STONEBRIDGE CONDOS 259 260 Planning Director Chris Conrad state that the Stonebridge Condominium Association 261 has submitted a Minor PUD Amendment application concerning a proposed renovation 262 of the Stonebridge Condos. The proposal seeks to demolish the existing pool building 263 that contains a work -out area, mechanical room, and one (1) 2- bedroom employee unit 264 and then construct a new pool building with a fitness are, men's and women's changing 265 areas, massage rooms and two (2) 2- bedroom employee units on the floor above. 266 267 He noted that other elements of the redevelopment plan include; a new ski storage 268 room, pool patio area, improvements, covered outdoor stairs and walk/stairway linkage 269 to Base Village. The purpose of today's meeting is to review the project scope, 270 redevelopment plans, architecture and other details of the proposal and to consider 271 granting first reading approval, modify, or deny first reading of the ordinance. 272 273 John Wilkinson made the motion to approve Ordinance No. 11, Series of 2009 as 274 amended Arnold Mordkin seconded the motion. The motion was approved by a vote 275 of 5 in favor to 0 opposed. 276 277 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill 278 Boineau. 279 280 Voting Nay: None. 281 Item No.12 PUBLIC HEARING- RESOLUTION NO. 27 SERIES OF 2009 A 282 RESOLUTION AMENDING RESOLUTION NO. 39 SERIES OF 2006 CONCERNING 283 THE RODEO PLACE SUBDIVISION 284 Russ Forrest stated at the Public Hearing for this item needs to be opened and 285 continued to January 5, 2010 Regular Town Council Meeting. 12 -07 -09 TC Minutes Page 8 of 10 286 At 8:46 p.m. 287 Mayor Boineau opened the Public Hearing and there being no comments from the 288 Public he continued the Public Hearing to January 5, 2010. 289 290 Item No. 13 RESOLUTION NO. 33 SERIES OF 2009 ESTABLISHING TOWN 291 COUNCIL MEETING DATES FOR 2010 292 After a brief discussion Town Council voted on the Resolution. 293 294 Markey Butler made the motion to approve Resolution No. 33, Series of 2009 approving 295 the Regular Town Council Meeting dates for the year 2010. Reed Lewis seconded the 296 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 297 298 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 299 Markey Butler. 300 301 Voting Nay: None. 302 Item No. 14 SECOND READING ORDINANCE NO. 21 SERIES OF 2009 303 EXTENDING THE MORATORIUM 304 Reed Lewis made the motion to approve second reading Ordinance No. 21, Series of 305 2009 Extending the Temporary Moratorium a roll call vote was taken. Markey Butler 306 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 307 308 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 309 Markey Butler. 310 311 Voting Nay: None. 312 313 Item No. 15 MANAGER'S REPORT 314 Comprehensive Plan 315 Russ Forrest noted for the community that open houses being held at Town Hall for the 316 Comprehensive Plan; December 9, from 4:30 6:00 p.m. and December 10, from Noon 317 2:00 p.m. He also stated that a blast email has been sent out with this information. 318 319 CORE 320 Russ Forrest stated that CORE would like to have a Town Council Member participate 321 at their meetings, Mayor Boineau offered be the Council representative. 322 323 Item No. 16 AGENDA FOR NEXT TOWN COUNCIL MEETING 324 Town Manager Russ Forrest reviewed the upcoming agenda for December 21, 2009. 12 -07 -09 TC Minutes Page 9 of 10 325 326 Item No. 17 APPROVAL OF MEETING MINUTES 327 Reed Lewis made the motion to approve the minutes for October 5, 2009 Regular Town 328 Council Meeting Markey Butler seconded the motion. The motion was approved by a 329 vote of 5 in favor to 0 opposed. 330 331 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill 332 Boineau. 333 334 Voting Nay: None. 335 336 Reed Lewis made the motion to approve the minutes for the Continuation of the 337 October 5, 2009 Regular Meeting to October 7, 2009 Markey Butler seconded the 338 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 339 340 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill 341 Boineau. 342 343 Voting Nay: None. 344 Item No. 18 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS 345 Benefit at the Viceroy 346 Council Member Butler encouraged people to attend the benefit for Vince Shemp at the 347 Viceroy on December 16, 2009 from 4:00 7:00 p.m. 348 349 Snowmelt on Snowmass Mall 350 Town Manager Russ Forrest stated there would be no REOP fee for maintenance of the 351 snowmelt in the Snowmass Mall. He is willing to work with the landlord. 352 353 Future Developments 354 Council Member Wilkinson spoke to the assurances of future developments. 355 356 Mountain View Route 7 357 Council Member Mordkin is concerned about not having service for the handicap people 358 on the previous Route 7, this is not the case. Russ Forrest spoke to the issue and is 359 working with the two individuals and at this time the needs are being met. 360 361 Item No. 19 ADJOURNMENT 362 At 9:45 p.m. 363 12 -07 -09 TC Minutes Page 10 of 10 364 Reed Lewis made the motion to adjourn the Regular Meeting of the Town of Snowmass 365 Village Town Council on Monday December 7, 2009. Markey Butler seconded the 366 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 367 368 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill 369 Boineau. 370 371 Voting Nay: None. 372 Submitted By, 373 374 375 Rhonda B. Coxon, Town Clerk 376 !III i I l i ii' Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 Town Council Meeting 5:00 p.m. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Daylight Town Savings Council EOTC Time Begins Meeting Meeting m 5:00 p.m. Aspen 4:00 p.m. St Patrick's Day 21 22 23 24 25 26 27 28 PALM SUNDAY Sun Mon Tue Wed Thu Fri Sat 1 2 3 GOOD FRIDAY t-*�� 4 5 6 7 8 9 10 Easter Sunday TOWN COUNCIL MEETING 5:00 P.M. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 TOWN Earth Day COUNCIL MEETING 5:00 P.M. 25 26 27 28 29 30 3 —1 to -0 Scope of Project Outline for development of the SNOWMASS VILLAGE OBSERVATORY Presented to Snowmass Village 1111 Submitted by Aspen Skies LLC DAVID AND SMRLEY AGUILAR www.aspenskies.com REVISED MARCH 1, 2010 AM Confidentiality and Disclaimer This document contains confidential planning information for an astronomical observatory in Snowmass Village, Colorado. The information contained herein has been created and developed by Aspen Skies LLC, a science education company based in Carbondale, CO. By accepting this document the recipient agrees to treat all information presented as confidential. h t addition the recipient understands that by accepting this document it causes its directors, officers, agents, employees and representatives to use this information only to evaluate the public observatory concept for the purpose of forming a relationship with Aspen Skies LLC, for the purpose of developing and producing said ideas, and for no other purpose. This information cannot be reproduced, duplicated, or revealed, in whole or in part, or used in any other manner without the prior written permission of Aspen Skies LLC. Should there be no interest in the proposal, the recipient shall return or otherwise dispose of this proposal as directed by Aspen Skies. 2010 Aspen Skies LLC, represented by David and Shirley Aguilar Aspen Skies LLC All rights reserved. March 2010 2 i OVERVIEW We are excited about the prospect of developing a proposal to detail a plan for a dramatically new destination idea for Snowmass a state of the art public Observatory for viewing the planets, stars, and galaxies from Snowmass's world -class mountaintop location. Clear dark skies, unobstructed views and the ultimate in fresh mountain air all combine to provide a spectacular utopia in Snowmass that is ideally suited for children, teens, adults and the young at heart to enrich their minds and hearts with the wonders of the universe. The Snowmass Village Observatory would provide a high caliber immersive experience for visitors and area residents to enjoy, explore, and study the stars and planets amid this beautiful alpine environment. Guided observing sessions, astronomy themed workshops and guest speaker presentations are just some of the programs we envision for this venue. And significantly, one of the most wonderful aspects of modern astronomy is the opportunity for amateurs to make contributions to the field as they learn more about the hands -on techniques of using telescopes to view the night sky. Not only could Snowmass provide an ultimate location for astronomical observing, but also science -based learning that combines the rich elements of past knowledge with the potential of future discoveries. This could signal Snowmass as a place with a forward looking edge among the world's destination resorts. On the following pages is an outline of the specific components required to develop and implement an observatory facility as defined in our meeting with the Snowmass Marketing Group on 12/8/09. Where possible we have provided estimated costs in order that you may accurately gauge the financial and staffing requirements during this initial review phase. Accordingly, the intent of this Outline is to better define the overall scope of the project for the Town of Snowmass and its officials. Based upon your acceptance of the Outline, we recommend the development of a full Observatory Facility Proposal to include actual costs for each area of the facility and its operation. A quote for development of this Proposal is included in this document. We would be thrilled to have the opportunity to help the Snowmass Village evolve into a top world destination for soaring ski mountains and phenomenal stargazing! Aspen Skies LLC All rights reserved. March 2010 3 SNOWMASS VILLAGE OBSERVATORY, SCOPE OF PROJECT OUTLINE I. Dark Sky Site The project requires an approximate 50 sq. foot site with an unobstructed view of southern sky and "Ecliptic" (the east to west apparent path of the sun and planets as they travel across the night sky). The northern area of sky is not as significant for viewing purposes, and thus may be partially obscured. H. Facility Site and Access to be provided by Snowmass Village. i. Parking /volume required to be determined based on site study u. Electrical power sleeves required underground III. Facility Equipment Costs Approx. Cost/Rate i. 14.6' Observatory Dome $23,250 (A 14.6' Observatory accommodates up to 15 people at a time) ii. Dome Walls 7,900 iii. Dome Shipping/ Delivery $1,500 3,000 iv. Observatory Pier $2,500 V. 16" LX200 -ACF Telescope and Mount $15,000 vi. Computer and Monitor $3,500 (for direct viewing of objects) vii. Safety lights/ additional lighting $600 viii. Audio system (optional) $1,500 ix. Solar Panel alternative energy source TBD per research X. Adjunct warming/ presentation area TBD per site selection Estimated Total Equipment: $55,750- $57250 IV. Facility Build and Installation Process note pending site selection and bids i. Architectural/ Engineering Services TBD ii. Electrical Services TBD iii. Pier Excavation and installation /foundation installation iv. Observatory Assembly, 7+ days (weather dependent) V. Equipment installation, set -up and calibration and testing, 3 -5 days (weather dependent) vi. Exterior observatory finishing stone, faux stone Optional Estimated Build and Install: Cost TBD based on site selection V. Project Management and Program Services provided Inj Aspen Skies i. Select contractor /builder, plus electrical/ lighting (we can recommend a local contractor /builder) and foundation, electrical wiring and lighting /audio contractors to meet with David... I day ii. Develop Observatory building schematic plan (w/ contractor) and Project Schedule 3 days iii. Coordinate building permit application with regulations provided to meet building code 2 days Aspen Skies LLC All rights reserved. March 2010 4 AM iv. Oversee excavation, foundation, facility build, equipment installation, set-up, calibration, testing 12 -15 days (weather dependent) V. Development of Long -Term Public Astronomy Program and Events Plan 4 days vi. Detail of Staffing Requirements... included in vi vii. Consult on Marketing and Promotion of Facility Launch (includes opening presentation) 3 days viii. Training of local equipment operators... 2 days ix. Assist TOS w/ locating a facility director (part-time director)... included Approx. 27 -30 days @$1,000/ per. Project travel expenses are billable at cost. Estimated Project Management costs: $27,000-30,000 Snowmass Village Observatory Estimated Project Total* *pending Site Selection and Install Services: $82,750 87,250 Aspen Skies LLC All rights reserved. March 2010 5 AM SAMPLE OBSERVATORY DOME, TELESCOPE MOUNT Wrimn I Lie 0 Aspen Skies LLC All rights reserved. March 2010 6 AV% CONTACT INFORMATION: TEL. DAVID SHIRLEY AGUILAR 781.696.4251 WEB www.aspenskies.com EMAIL: inquiriesgaspenskies.com About David A. Aguilar, Director of Public Affairs and Science Information, Harvard- Smithsonian Center for Astrophysics A naturalist, astronomer, and astronomical artist, David resides near Cambridge, MA and part-time in Carbondale, Colorado. An expert in astronomy and great- explainer -of- science, his work reflects his passion for bringing the wonders of space to wider audiences. He is the Director of Public Affairs and Science Information at the Harvard Smithsonian Center for Astrophysics (CfA), the largest astronomical research organization in the world. David is the author and illustrator of National Geographic's "PLANETS, STARS, AND GALAXIES: A Visual Encyclopedia of Our Universe a vividly illustrated book that celebrates the wonders of space, and Finalist for the 2008 VOYA (Voice of Youth) Award, and "11 PLANETS His next National Geographic book "SUPER STARS" examines the life cycle of stars throughout the Universe. "SUPER STARS" is set for release in February 2010. He is the past Director of the Fiske Planetarium and Science Center at the University of Colorado, and the originator of the Science Discovery Program at CU. Following Fiske; he joined Ball Aerospace as Marketing Communications Director, and was Marketing Director for the PBS Emmy winning NOVA series Evolution. David has appeared along with his astronomical art depictions of alternate universes on the History Channel's "The Universe" and "UFO Hunters" series. His artwork has been featured in Time magazine, US News World Report, ABC Nightly News, CNN, the New York Times, USA Today, National Geographic, Sky Telescope, Astronomy, and Scientific American. He is scholar and enrichment lecturer for Smithsonian World Tours and Smithsonian Journeys, and popular host of the Harvard Smithsonian CfA programs "Observatory Nights and the lecture /film series "Everything I Leaned about Science I Learned at the Movies He and his wife Shirley have co- founded "Aspen Skies a science education group specializing in custom -built observatories. O Aspen Skies LLC All rights reserved. March 2010 7 rrida 0 0 Fr012tRK4:4L LI-ving Colorado E�Ec���tl a�lti(�E� E�ev��,tetfier March, 2010 Search About FrontRangeLiving.com Outdoors Stargazing CELESTIAL WANDERLUST: A GUIDE TO STARGAZING By Heather Grimshaw The night sky glitters, lights skip and dance, and those down below gaze and wonder. They watch closely and follow the show, connecting the dots, plotting their course.... Stargazing Across the Front Range When most of us took up at the blanket of blue sky we see twinkles of light, a sliver of moon, and if by chance we're looking through binoculars we may see something else, a passing of another planet, Mars perhaps. And on those nights sky gazers get a glimpse of the environment beyond the night sky. Realizing that the earth is but one of many planets in the solar system is a concept that most students learn in school and one that many adults do not truly grasp until they stumble out into a dark, clear night and look up at the sky. At some point you realize that the sky albeit a beautiful canvas, is a small part of a much larger environment in which planets swirl at breath taking speeds in an oxygen -free sphere. 'We have a very rich astronomical heritage that people forget in modern times," says Jim Beaber, astronomy resource specialist for the Jefferson County Schools Planetarium. His goal, he says, is to emind them of its influence and ongoing significance. The Planetarium, which has been operational For the last 40 years, offers 14 programs such as "The Night Sky" and "The Sky Tonight" that touch on :he influence of the solar system. n an attempt to get a better perspective on the solar system I took a trip to the Gates Planetarium n Denver with my husband, sat back and realized how much there is to explore, and see. New technology enables laypeople, those who may recognize the names of Saturn, Pluto, and Uranus from schoolbooks, to see picture perfect images of passing planets. And as they swirled by, we began to ;rasp how vast the solar system is. And how small a part we have in it. �s the lights dimmed, audience members rocked back in their seats leaning their heads back to get a Iutl view of the ceiling, which reveals a journey through space. The 20- minute show is a perfect bite ize introduction to the world of star gazing, which appeals to a greater number of people men and vomen of all ages who seek their own experiences in space. A Romance with the Stars Stargazing has an inextricable link to romance. It's got all the essential components: mystery, chase and ultimate discovery. An independent hobby, stargazing is an activity that is easily shared by couples, families, and friends and an increasing number of people host star parties or gather to experience events together. There are annual conventions, monthly seminars, and sporadic parties and get togethers for local stargazers. Planetariums and universities are the best way to meet like minded stargazers, many of whom say that the best weather conditions for stargazing are cold, dark nights when across the Front Range clear skies can be viewed by the naked eye. "Stargazing is an intensely relaxing hobby," says Carolyn Collins Petersen, a science writer and author who guest lectures and hosts star parties. "Even though some people find it intimidating at first it's nothing more complex than looking up at the stars and exploring." In truth nothing could be simpler than gazing at the open sky though some choose binoculars for a clearer view or telescopes of varying strengths. But many professionals say that a good set of eyes and a star chart or planisphere is all that you need to get started. "You can point your way to other places, and you'll find people who are more than happy to help you," says Petersen, who launched a website www.thesp-acewriter comb for stargazers in the '90s. The website offers its visitors a tour of the stars and planets with articles and other related links. "It [stargazing] is infectious, you really get hooked." 41 the age of four possibly five Collins Petersen was looked when she heard about Sputnik being launched into orbit. "I thought `orbit' was a cool word. It was the first .ime I really looked up and realized there was something ip there." 3ut it wasn't the last. Collins Petersen, who moved to Boston from Colorado for a job at SkyWatch Aagazine and currently works with her husband to produce astronomy materials for planetariums and science centers, emphasizes the ease of stargazing across the Front Range. "You just have to find the light sky the patterns. It's just like looking at a road map of Boulder," she says. "You just need to (now where the streets are and what intersects it." Indeed, before setting off for a drive you check maps to gauge distance or print out directions online. For stargazers the same is true. But unlike the congestion of city streets, stars and planets are connected by a web devoid of traffic, aloft from the hustle and bustle of earthly concerns; one of its many draws. And the map you'd print out would be a planisphere (available at www.skyandtelesco om to chart your course. Robert Morris, Astronomy Educator for the Fiske Planetarium in Boulder, sees a steady influx of people who are interested in stargazing and attributes the local draw to Colorado's dark skies. "It doesn't take much effort to drive up into the mountains and see a sky full of stars," he says. Longmont is one of his favorite spots though "anywhere away from the cities is actually a good spot," he adds. Similar to the enticement of a new town, stargazers approach the heavens with a quest for knowledge, escape, or perspective. "As I stargaze I often wonder what it would be like to be on a spaceship floating past a distant planet or through a nebula," says Collins Petersen who frequently visited Golden Gate Park, Brainard Lake and Rocky Mountain National Park. From most gauges, stargazing draws an increasing number of men and women of all ages and backgrounds. "Trying to find out how many people are stargazing is kind of like trying to herd amoebas," says Collins Petersen. "For a long time people thought stargazing was a `guy' thing, [but] it's not. I've lectured at star parties where ladies are setting up their scopes next to the guys, the 6- year -olds are out there having as much fun as the 60- year -olds, and everybody's a Beek and loving it." And white time in life may differ, many stargazers say the realization that there is another world available to them is both invigorating as well as relaxing. It provides them with andless educational opportunities, a venue for escape, and for erspective. kcross the Front Range there are ample opportunities for targazing since high elevations and the black night sky are a :ombination for stargazing success. And while binoculars are ietpfut, many stargazers simply employ their own eyes to steer :he cosmos. For those who seek a more powerful view, )tanetariums offer public events. "The public has always turned up in large numbers to our weekly telescope viewin S says Y p s Morris. viewing s," "And whenever there is a special event, such as the Mars close approach or lunar eclipse, we end up with a full house." Historically there was an enormous leap between novice stargazers, who wait for clear nights and trounces off, binoculars in hand to watch a show of lights. But that gap is closing, says Collins Petersen. Professionals are enlisting the help of novice stargazers to track the movement of comets, asteroids, or gravitational listing, she says. "Some [novices] have better equipment than the professionals." Sources: Denver Museum of Nature 8t Science, 2001 Colorado Boulevard, Denver; www.dmns.org /planetarium Chamberlin Observatory, 2930 E. Warren Avenue, on the University of Denver campus. www.denverastrosociety org or call 303 281 -9052 K.J. Jarigese teaches astronomy on four campuses of Front Range Community College and often organizes telescope viewings at the Pawnee National Grasslands. E -mail him for information: 1ogre@rkymtnhi.com. Fiske Planetarium on the University of Colorado campus, Boulder, at 303 492 -5001; www.colorado edu/fiske check website for public viewing times and the Sommers Bausch Observatory on the CU campus; http: /lvra.colorado.eciu/sho The Space Writer; www.thesoacewriter com/bloehtmt Jefferson County Schools Planetarium; 1829 Denver West )rive, Golden, 80401, 303- 982 -7278; itta://jeffcoweb.ieffco.kl2.co.-us/isu/science/`12[anet/ 3lack Canyon at Gunnison National Park is treated to elescope viewing by amateur astronomy groups from Montrose. Contact the park in the summer for Jetails: Black Canyon of the Gunnison National Park, 102 Elk Creek, Gunnison, 81230; v a professional Groups: American Astronomical Society; www.aas.org nternational Planetarium Society; www.ips- lanetarium ore lorth American Meteor Network; www.namnmet ors ore rocky Mountain Mars Society; http: chanters .marssociety_,ore /usa /co/ .ocal Amateur Astronomical Societies: Arkansas Valley Astronomical Society (Buena Vista); f urtn rnetm /ava�f Aurora Astronomical Association; http //a cubed tripod.com/ Black Canyon Astronomical Society (Montrose); www.emerald-fae[ies.net/Astro may/ Orono htm Cheyenne Astronomical Society; http /home.bresnan.net curraLim/ Colorado Springs Astronomical Society; www.rmss.org .rmss.org Denver Astronomical Society; ww-wdenyff3 International Association for Astronomical Studies (Denver); my w.iaas.org Laramie Astronomical Society and Space Observers; www. lariat.or LASSO i Longmont Astronomical Society; http:/Itaos fsl noaa.Qov/cgi/las.cgi Mountain Astronomical Research Section of the Astronomical League; tAr.astroleaue or /al /r Tonal /mars html Northern Colorado Astronomical Society (Fort Collins); http://ncastro.org/ Rocky Mountain Planetarium Society; www.rn1Dakmes.or Western Colorado Astronomy Club (Grand Junction); www.coloradowestastron mv.ore Mail this article to a friend' Printing Problems? 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