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08-07-00 Town Council Packet DoaweW. SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION AUGUST 7, 2000 2:00— 2:20 P.M. BRUSH CREEK TRAIL UPDATE -- Dale Will. . . . . . . . . . . . . . . . . . . .No Packet Information 2:20 — 3:40 MALL TRANSIT PLAZA DISCUSSION -- Joe Kracum. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 1 3:40 — 3:55 SUMMER AMENITIES -- Doug Mercatoris. . . . . . . . . . . . . .No Packet Information 3:55—4:00 BREAK nnnnnnAAAAAAnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnAAAA SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AUGUST 7, 2000 CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS (5-Minute Time Limit) Item No. 3: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 18, SERIES OF 2000 AN ORDINANCE AMENDING THE SNOWMASS SKI AREA S.P.A. TO PERMIT THE CONSTRUCTION OF A CHILDREN'S RACE BUILDING AND SURFACE LIFT ADJACENT TO THE SCOOPER SKI TRAIL AND TO AMEND ORDINANCE NO. 3, SERIES OF 1996 REGARDING THE SNOWMAKING CONTROL BUILDING. -- Chris Conrad. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7 Item No. 4: FIRST READING — ORDINANCE NO. 19, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT ON ORDINANCE NO. 19, SERIES OF 2000, AN ORDINANCE AMENDING THE TAMARACK TOWNHOMES S.P.A. TO PERMIT AN ADDITION TO AND MODIFICATION OF THE OFFICE/LOCKER ROOM BUILDING ADJACENT TO THE POOL AREA. -- Chris Conrad. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 18 08-07-00tc Page 2 Item No. 5: FIRST READING — ORDINANCE NO. 22, SERIES OF 2000 AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE CONCERNING EMPLOYEE HOUSING RESALE PROCEDURES -- Joe Coffey/Steve Connor. . . . . . . . . . . . . . . . . . . . . . . .Page 29 Item No. 6: PUBLIC HEARING — REGIONAL TRANSPORTATION AUTHORITY (RTA) INTERGOVERNMENTAL AGREEMENT (IGA) . . . . . . . . . . . . . . . . . . . . . . . . Page 43 Item No. 7: MANAGER'S REPORT -- Gary Suiter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 44 Item No. 8: APPROVE COUNCIL MEETING MINUTES OF 07-24-2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 47 Item No. 9: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/STATUS REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 53 Item No. 10: CALENDARS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 62 Item No. 11: EXECUTIVE SESSION WOODRUN V DUMPSTER LAND NEGOTIATIONS - Colorado Revised Statutes 24-6-402 (3) (a) - Snowmass Village Municipal Code Chapter 2, Article III, Section 2-45, Executive Sessions. Item No. 12: ADJOURNMENT NOTE: 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. MK CENTENNIAL 402 SEVENTH STREET I TEL 970/928-8599 -_ ATRIUM SUITE 111 P.O.DRAWER 909 FAX 0701928-8526 G ENTENNIAL ENpINERRINO. INC. GLENWOOD SPRINGS,CO 01502 • DATE: 3 Aug 2000 • TO: Snowmass Village Town Council • FROM: Joe Kracum, PE • SUBJECT: Snowmass Village Transit & Parking Plaza Conceptual Design Alternative K At the 24 July Council meeting we were given direction to develop our best shot at a conceptual design for the project that would meet as much of the design criteria as practical, provide a net new parking of approximately 200 spaces, and keep the project budget to $13 million. The attached plan sheet shows the basic layout of the project. A cost estimate worksheet provides the assumptions, allowances, and estimate for the project. Two options are presented, one which provides approximately 490 parking spaces with 241 net new spaces at a cost of$12-13 million, the other provides approximately 584 parking spaces with 335 net new spaces at a cost of $14-15 million. The higher capacity structure was provided with the intent to provide an option for additional revenue generation potential. Both footprints are similar,the difference being that the lower capacity structure requires minimal excavation and ground support, as it steps down the hill, rather than cutting into the hill. What follows below is the logic and discussion of the new alternative. One new concept was investigated which after some investigation had fatal flaws and was eliminated. That concept provided a bus transit plaza at the Mall elevation and parking underneath at the Daly Lane elevation. A structured parking garage was located in lots 8 and 9. The concept was dropped when it was determined that 5 bus bays would be lost, and the necessary structural design of the plaza was considerably at a greater cost. Our efforts were then focused on providing more efficiency in the design and eliminating those components in which the project could survive without grossly affecting the overall project's objectives. The project is designed such that if further enhancements are desired, they can be added without significant re-construction costs. Each of the components are discussed below, noting the refinements, changes, and recommendations. Components Unchanged Roadways& Entrance to the Transit Plaza Transit Island Layout Loading and Delivery Entrance to Parcel C Component Refinements Lower Parking Plaza -The lower parking structure along with its Kiss-n-Ride function are eliminated. Lot 5 remains basically unchanged. Lot 4 is re-graded to provide a level area and optimized for parking and circulation. In consideration of the need for short term parking as close to the Mall as practical, it is recommended that Lot 5 spaces be designated all as short term parking. No mechanical vertical circulation is provided from the lower lots to the Mall. It is intended that those using Lots 4 and 5 walk to the Mall as they do now. Kiss-n-Ride- With the elimination of the TOSV Shuttles from their current location on Daly Lane, it is recommended that the Shuttle stop be used as the location for a Kiss-n-Ride. Also, this area would serve well as a staging area for the concept presented earlier for the little green cars. Pedestrian Level - The pedestrian level is essentially similar to the original concept of providing a curved deck over the Transit Plaza. An escalator, elevator, walkway ramp, and stairs are provided for circulation to the Transit Plaza. A small kiosk is provided on the deck with street furniture. Restrooms remain on the Transit Plaza as in previous plans. Upper Parking Plaza- The Upper Parking Plaza has been significantly refined and made more efficient. The structure footprint has been maximized on the site of Lots 8 and 9 and stretches almost to Brush Creek Road. This does create a high foundation near Brush Creek Road, and will require substantial landscaping to minimize its impact. The primary entrance is off the Elbert Lane extension via a ramp which enters the lowest level of the three level structure. An entrance and exit is provided off Upper Snowmelt Road just above Fall Lane. As mentioned earlier, two options are provided for this structure, one with a capacity of approximately 584 spaces (Option 1) and one with a capacity of 490 spaces (Option 2). Both have the same footprint. The smaller one utilizes the basic natural grade of the existing lots rather than extensive excavation and ground support. As design progresses, the actual number of spaces may vary from those indicated in this concept. Elevators are provided within the structure, but no mechanical vertical circulation is provided from the lower lots to the Mall. Pedestrian access can be made from each level to Snowmelt Road. I ' I, . _ ^: - j 1 I'Ll 1 .11 Iz WWWWWW Ib ,N ELBERT LANE erg. „n ro 1 cr'�' s• `� .art •arr •arr " 1 ,,, y f n / i �.— arT Fr T OALY LANE 1 O O O O I \ / It Grade) iV I x ` I I I �4 I LOT 5 (Existing j , I WWI it LA VO •, I O I I 1 Im It z - p.0 ' ,:_-�_ _ - - - - --• - - � ,. � to J / 1 - LOT 4 (Regraded) I p CAMPGROUND LANE I �� v! / � „cry \ 42 1 X'\ X -2VIIC L7.-- -OP LEYEL Z-� z .......... Snowmass Village Transit & Parking Plaza DRAFT PRELIMINARY Conceptual Cost Estimate Worksheet 3-Aug-00 Upper Parking Structure-Option 1 (584 Spaces) (Net New 335) Upper Parlang Suvaum Loma Pariting Struours Snomrles Road Transit Level Pedestnan Lewd Total Ilem DescrioNon Units Cost Cost Cost Cost Cost cost Mobilin0on Is $ 200,000 $ 10,000 $ 50.000 $ 250,000 E 50,000 E 560,000 She Work Is E 448,440 $ 114XO E 496,010 E 795,280 E 12,400 $ 1,866,430 Retaining Walls Is E 322,000 E 53,000 E 150,120 $ 298,000 E - $ 823,120 PaMng Structure Is $ 5,900,000 $ - S - $ $ - $ 5,900,000 • Pedestrian Deck Is $ $ - $ - $ - E 400,000 $ 400.000 KiosIdRes000ms/Furniture Is $ - E E - E 70,000 E 70,000 E 140,000 Veri ical Circulation Is $ - E 4,000 $ - E 650,000 S - $ 654,000 Utility ReItcatbns Is E 200,000 E - E - $ 200,000 $ - E 400,000 Snonmeh System Is E - E - E 234.600 S 988,750 S • $ 1,223,350 Electrica Is E 12,500 $ - E 6.250 S 41,250 $ 26,250 $ 86.250 Construction Items Phase Total $ 7,083,000 $ 182,000 $ 937,000 E 3.294,000 E 559,000 $ 12,054,000 ErlgineeringrrmtfrclCM Costs Is E 1,064,000 E 43.000 $ 177,000 S 501,000 E 95.000 S 1,880,000 Project Phase Total E 8,147,000 $ 225,000 E 1,114,000 1$ 3,795,000 $ 654,000 $ 13,934,000 Totals are rounded to nearest$1000 kfaMraran Goa far nwpausa dcaaaxean.enea ana par nft"dcaakwtbn Rara. saa Wok Cwa la s%,Papaar^rarwd d sauckaes,esnaveW.ee .wata malarxl.me y lams.peaesaen rnaepese.aaewese.pare.aM IargsCeperg.Based on naarMrea.as Nsls.aammrrael R.tw"Wda C fakmpaay eaaaea0arragpat,rdekaq wds,eM well eisaes.ense4 an raarryk%aM w eroweme. Pe4drg slruaMe Cuss far skuckn tortsbua6an ark nedaNCal symms.Base4 w abwartea aM eanmeks lrprn gaape"Iraas. PMesIMn Deck Cosa la pe4as>Ian 4ecF.Bese4 pn abaarrtes. i romWReskacrosrFadnre Casa la rasbaane.an4 Sbeethmlure.ease4 an erowerces Ve"CYMaIbn Com Nebvelw>wahW,sakl arq mft wy raro.as,•aEO^ebwxrcas a"naM+draan estlemles. ttrrly Relpcap Cmb far rebtaaan duaaw.Bme4 an aarratea erawasw. saoarM System Costa baawnaRluakq.mMaaa.wlag,em lab.Barer eav,rra4 ke4sike Mlkp.e6sea on srrvarxa syxan reaenRr Margie neeeva Cmar. Elack'k8nJ"" Com tar ana newaaaarrrw eM Ee*seaetldanp.BUea cn eaamae erM elowrcee kr kplrlkq. EnovnwgmaanClMnb Casa far dnfn aekwkiq.a aearcNan aenegenanl.cansaaCM uovy".aa'aaUC9on aellk cwad.WWak klamasan prWrera.Gkv4bUm a pcaraa9a d mmlruclon XarM. This cost estimate Is preliminary only,and was based on a design level of loss than 10%. The costs"m based on a functional system and includes only a basic exterior for the parking structures end an allowance for a simple pedestrian deck. Minimal contingencies exist In the estimate until decisions are made on architecture and amennies- The estimate assumes that all phases of the project will be packaged as one construc0on package with construction to be commenced in the Spring of 2001.Additional cost would be Incurred If the phases were delivered under separate construction packages and If construction starts were delayed beyond 2001. X\X Fqqv ral (71 qj LEV�L l�.p � 0 d i 7—I I n/ A/I i" I P., C, X Snowiness Village Transit & Parking Plaza DRAFT PRELIMINARY Conceptual Cost Estimate Worksheet 3-Aug-00 Upper Parking Structure-Option 2 (490 Spaces) (Net New 241) Upper Padcm. Structure Lower Pariting Structure Snowrrrelt Road Transit Level Pedesran Leval Total Item Description Units Cost Cost Cost Cost Cost Cost Mobilization Is $ 200.000 S 10,000 S 50,000 $ 250,000 S 50.000 $ 560,000 Site Work Is S 426,440 S 114,300 E 496.010 E 795.280 $ 12,400 $ 1,844,430 Retaining Walls Is $ 322,000 $ 53,000 E 150,120 E 298,000 $ . $ 823.120 Parking Structure Is $ 4,500.000 S - $ - S - $ - $ 4.500,000 Pedestrian Deck Is $ - $ . $ - $ - E 400,000 $ 400,000 Klosk/Reslrooms/Furniture Is S . $ - E - S 70,000 E 70,000 $ 140,000 Ventical Circulation Is $ - $ 4,000 $ - $ 650.000 S - S 654,000 Utility Reklcatlons 15 $ 200,000 $ S - E 200.000 $ - $ 400.000 Snowmen System Is $ - $ . $ 234.6001$ 988,7501$ - S 1,223.350 Electrical/Lighting Is E 12,500 $ - E 6,250 S 41,250 S 26.250 a$ ,...20dW Construction Items Phase Total $ 5,661.000 S 182.000 $ 937,000 S 3,294,000 $ 559.000 Engirlcedng/lrattiNCM Costs Is E 869,000 $ 43.000 $ 177,000 $ 501.000 E 95.000 Project Phase Total $ 6,530.000 S 225.000 S 1,114,000 $ 3,795,000 $ 654,000 Totals are rounded to nearest$1000 MoahaXOn Coab for moeezaaon d OWW.Bard M a gerRllage dda9buoien Xera. SRO Work Cosa W OMe"ROWbn.rerwa M SbucMes.ee Zb,.backal,wash maeb4 roadway Rams.ge4eaManundemess.sideaera,paaa.aM leMacagkq.ffasedMeaneaes.uM MSa,aMwancas. RMekang Waft cwt blame oOCW,•atlonsigpaf.retk*V aaft.aW war Maaef.aasM MTrenlsea,uM mss.aXOwea.'01 Peekkv lbe Cosafor SbMkae MSbucUM grid mecl,araW SyHerra.BaedM ailewanca9 act esleahs lrgn garage er,gMeen. Ve4eeftn Deck Cosa W pedesMan tlack Beaetl M arowecw. ftsWResbowmrur Cash la mbooms.act abeal IbMM.Based M eroeencea. VMWM CR lw Cosa Wefevebn.esfaiaW.On".end nmwwy nmD.(MOMM eXmaieesaM mewarnaers esianXes. uisiy RB tr,,a CosaWIeI00XM OIUmka.Oaaad MesXmead aXawen[M. SnoenMl SysMm Cwa WSromneX ebag,maatdfWMg.act WOO4.Behr assbnaUM cOnag barbing.BeaedMare,maX Syalem recenXy Xafered in Beaver beak. ElecbFan_otq Cosb lM Me row bMSWmareM MSk sbeef r9ia^g.Bash MeawiabsaM aXewew.es Wggl,w,g. EngkyeYigTefM•CfMnbr Cosh W design oVw.".consb tXn me n.L oonabucfbn 9aYeykrg,EMaMR9on be11k Cderdi.eM a,bik Mdme1M prdpem.CekaAead M e Demerdepa d MmluiW Xems. This cost estimate is prelimlmry only,and was based on a design level of less than 10%. The costs were based on a functional system and includes only a basic exterior for the parking structures and an allowance for a simple pedestrian deck. Minimal contingencies exist in the estimate until decisions,am made on architecture and amenItles. The estimate assumes that all phases of the project will be packaged as one construction package with construction to be commenced in the Spring of 2001.Additional cost would be incurred if the phases were delivered under separate construction packages and If construction starts were delayed beyond 2001. SNOWMASS VILLAGE TOWN COUNCIL PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. WHEN: August 7, 2000 TIME: During a meeting which begins at 4:00 p.m. WHERE: Town Council Chambers 2nd Floor, Snowmass Center 0016 Kearns Road WHY: To Receive Public Comment on Ordinance No. 18, Series of 2000, an ordinance amending the Snowmass Ski Area S.P.A. to permit the construction of a Children's Race Building and surface lift adjacent to the Scooper ski trail and to amend Ordinance No. 3, Series of 1996 regarding the snowmaking Control Building. APPLICANT: Aspen Skiing Company. INFO: Contact the Snowmass Village Community Development Department at 923-5524 for additional information. Submitted by: Trudi Worline, Town Clerk Published in the Snowmass Sun on June 21, 2000 I1:\Wpdata\P1anning%Phnotice\TC Ord 00-18 Ski Area SPA Amend PHNoticeOI 07 COUNCIL COMMUNIQUE Meeting Date: August 7, 2000 Presented By: Planning Division Chris Conrad, Planning Director Subject: Public Hearing and Second Reading: Ordinance No. 18, Series of 2000, an ordinance amending the Snowmass Ski Area S.P.A. to permit the construction of a Children's Race Building and surface lift adjacent to the Scooper ski trail and to amend Ordinance No. 3, Series of 1996 regarding the snowmaking Control Building. The Aspen Skiing Company (Applicant) has requested Overview: approval of a minor amendment to their Snowmass Ski Area SPA in order to construct a 1,192 square foot Children's Race Building and surface lift adjacent to the Scooper Ski Trail. In addition, they are amending Town Council Ordinance No. 3, Series of 1996, to adjust the square footage approved for their Snowmaking Control Building from the 6,000 sq. ft. as originally approved to the actual size that was constructed, being 7,669 square feet. This Ordinance was approved on First Reading during your July 24 meeting. Staff was directed to investigate whether the housing mitigation requirement for the additional square footage has been addressed. Letters from John Mele with the fire district and Richard Wall for the water and sanitation district were also to be provided. Condition No. 7 has been added to require that food service Staff Comments: not be permitted to occur during the summer without further Town Council approval. Condition No. 8 has been added at the request of the Snowmass/Wildcat Fire District. They have no objections to the Race Building as proposed and will be reviewing the building permit plans prior to permit issuance. Letters from the Snowmass Water and Sanitation District and Aspen/Pitkin County Health Department are forthcoming and should be available at the meeting. The restroom facilities are &SIN* Q� I intended to remain available for summer use. Staff will need to provide the employee housing mitigation information at the meeting. Staff Staff recommends Second Reading approval of the enclosed Recommendation: Ordinance. P:\user\cconrad\MS Word Docs\TC 00-18 ASC SPA Amend TCMemo02 _ q , TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 18 SERIES OF 2000 AN ORDINANCE AMENDING THE SNOWMASS SKI AREA S.P.A. TO PERMIT THE CONSTRUCTION OF A CHILDREN'S RACE BUILDING AND SURFACE LIFT ADJACENT TO THE SCOOPER SKI TRAIL AND TO AMEND ORDINANCE NO. 3, SERIES OF 1996 REGARDING THE SNOWMAKING CONTROL BUILDING. Whereas, the Aspen Skiing Company ("Applicant") has requested approval to amend the Snowmass Ski Area S.P.A. to permit the construction of a 1,192 square foot Children's Race Building and surface lift adjacent to the Scooper ski trail; and WHEREAS, Town Council Ordinance No. 3, Series of 1996 ("Ordinance 3"), concerned the Applicant's Phase I snowmaking program approved the construction of a 6,000 square foot Control Building located within U.S.F.S. land near the Burlingame Lift top terminal; and WHEREAS, Town Council Resolution No.'s 27 and 33, Series of 1996, granted site plan and/or architectural design approval for said building; and WHEREAS, the Town council authorized the building to exceed the 6,000 square foot limit on October 21, 1996 when it was determined that the Applicant had inadvertently excluded an interior mezzanine level from the floor area when submitting their SPA application; and WHEREAS, although the exterior remained consistent with the original approvals, the actual size that was constructed was 7,669 square feet; and WHEREAS, it has been determined that the building was constructed in accordance with approved building plans and the Applicant is now requesting that the Snowmass Mountain Ski Area SPA Plan and Ordinance 3 now be amended to reflect the "as-built" condition of the Control Building; and WHEREAS, the Planning Director has determined that the proposed Project may be considered as a minor SPA modification pursuant to Section 16A-5-390 of the Snowmass Village Municipal Code (the "Municipal Code"); and WHEREAS, the Planning Commission considered the Applicant's proposal at their July 19, 2000 meeting and unanimously recommended approval subject to the conditions contained in this Ordinance; and WHEREAS, a public hearing will be commenced before the Town Council on August 7, 2000 to receive public comment; and avow IQ TC Ord.00-18 Page 2 WHEREAS, the Town Council has heard a presentation by the applicant and the recommendation by the Town staff regarding the Applicant's proposal. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Findings. The Town Council finds as follows: 1. The applicant has submitted sufficient information pursuant to Section 16A-5- 390(2)(b) of the Municipal Code to permit the Town Staff and the Planning Commission an adequate review of the proposal. 2. All public notification requirements, as specified within Section 16A-5-60(b) of the Municipal Code, were satisfied relating to the Public Hearing occurring on August 7, 2000. 3. The application, subject to satisfying the conditions stated in Section Three below, is consistent with the applicable review standards specified within Section 16A-5-390(3) of the Municipal Code. Section Two: Action. The Town Council hereby grants approval of a minor amendment to the Snowmass Ski Area S.P.A. to permit the construction of a Children's Race Building and surface lift adjacent to the Scooper ski trail, as shown and described within Exhibit "A", and to amend Ordinance No. 3, Series of 1996 regarding the snowmaking Control Building to aermit it to be 7 669 square feet in size. Further, this approval shall be subject to the conditions stated in Section Three below. Section Three: Conditions. The approval shall be subject to the following conditions: 1. Following completion of the Children's Race Building and shortly after the Aspen trees in the area have lost their foliage, the Planning Director, Applicant and a representative of the Divide Homeowner's Association ("Divide HOA") shall meet on site to determine whether the completed structure will be visible from the Divide Subdivision during the winter months. The Applicant has agreed to then install spruce trees, to the satisfaction of the Divide HOA, so as to visually screen the building from the subdivision. 2. The Applicant shall obtain all necessary food service and sanitation approvals from the Pitkin County Environmental Health Department prior to commencing operations at the Children's Race Building. Restroom facilities must be operable and adequately maintained during both the winter and summer seasons. 3. All exterior trash receptacles in use during the spring through fall seasons must be constructed and maintained in accordance with the Town's bear-proof regulations. TC Ord. 00-18 Page 3 4. The Applicant shall not be required to prepare an amended and restated Snowmass Ski Area SPA Plan Map; however, the uses and facilities approved by this ordinance shall be included on any amended map required as part of any future ski area SPA amendments. 5. Snow stops shall be placed on the roof above all deck areas. 6. The applicant shall provide a construction management plan identifying material and/or equipment storage areas, describing how refuse material will be contained within and removed from the site and hours of operation for review and approval by the Town Planning Director prior to building permit issuance. 7. Food service is permitted during the ski season only without further Town Council approval. 8. The automatic fire suppression system within the Control Building shall be tested and inspected prior to the commencement of snow making for the 2000-2001 ski season. READ, APPROVED AND ADOPTED, as amended, by the Town Council of the Town of Snowmass Village on First Reading on July 24, 2000 upon a motion by Council Member Mercatoris, the second of Council Member Costello, and upon a vote of 4 in favor and 0 against. Council Member Brady was absent. READ, APPROVED AND ADOPTED, as amended, by the Town Council of the Town of Snowmass Village on Second Reading on August 7, 2000 upon a motion by Council Member the second of Council Member , and upon a vote of in favor and _against. TOWN OF SNOWMASS VILLAGE By: T. Michael Manchester, Mayor ATTEST: Trudi Worline, Town Clerk HA Shared\Clerk\Ord.tc\00-18 SPA Amend ASC Race Building —•/ 02 /UUM TC Ordinance 00-18 (Page 1 of 5) j le Q , i 16 f 11 / 0 1 r I ' ' i i ''•\ �� T 1 r, 11 , 1 t J i / j(Uyryp e I#f I � I l �l 1 Snowmass Ski Area -- Children's Race Center 10'Contour Interval Seale: V=200' Site Plan Exhibi gyp—`„ TC Ordinance 00-18 (page 2 of 5) mm I I I II I I I I II I V } C h S I I I •I ��11Y (• ai � I r 9I• I $ - O g I J i T vo ..p,• asa nn r, CD l< i 1 16 19 TC ordinance 00-18 (Page 3 Of 5) li li !i.I':iII i IIIN 101 ii il TIN t-r� ILLL T ftY El • &sow Exhibit TIC Ordinance 00-18 (Page 4 of 5) OLT 6� T rta � N •v.'• ' n -�f•^.dv— T � •w'•r i � Exhibit_ `A" TC Ordinance 0048 (Page 5 of 5) t : } it } a il, f{ 1 I 1 1111 Il—III- 1-..IIL.IIL_.III _- I I C— 11=III-111 I EI 11—ITI—I 11=1 I I R t =1I I I I 111 I 11—I I1= �1_Ilr-ul =1�1 O-- - i � d al .L COUNCIL COMMUNIQUE Meeting Date: August 7, 2000 Presented By: Planning Division Chris Conrad, Planning Director Subject: First Reading: Ordinance No. 19, Series of 2000, an ordinance amending the Tamarack Townhomes S.P.A. to permit an addition to and modification of the office/locker room building adjacent to the pool area. The Tamarack Townhouses Association, Inc. is requesting Overview: approval to amend the Tamarack Townhomes SPA Plan approved in 1997 in order to construct a 152 square foot addition to and modification of the office/locker room building adjacent to the existing pool area. The current SPA land use parameters have been enclosed for reference. This application represents a very modest development proposal which will enable them to expand and modernize the locker room areas by utilizing the existing office area within the pool building. A modestly sized addition to the building will create additional storage at the pool level and office above. The storage beneath the new is not considered as calculable floor area since it will have a ceiling clearance less than 5'-6" in height. The intent and purpose of this Ordinance is to evaluate and approve the site location and architectural design of the addition pursuant to the conditions contained within Ordinance 2, Series of 1997 which called for architectural review. The Planning Commission reviewed this proposal at their August 2 meeting and unanimously recommended approval subject to the conditions contained within the enclosed ordinance. The location of the addition has been staked. Staff Staff recommends First Reading approval of the enclosed Recommendation: Ordinance. P:\user\cconrad\MS Word Docs\TC 00-19 Tamarack SPA Amend TCMemo01 If A�p 06/16/2000_ 18:41 9017677032 HOWELL PAGE 02 . ..ww. •wv Ynuw"Ww [D: PARE 9/4 Poet or"Box 572•( Saowmasa Village,Coloredv 01615 Iwo 16,20M Town of SnownwS vnge Attu: Ivtr.Chris Conrad,Planning Dircebw P.O.Box 5010 SnowmR a Village,oo 81615 Re: Tamarack Townhouses Dow Chris: 5R$1. r The Tamarack TOthe ses Association.Inc.,is contawpla*v making site improvements m Pool arwa of the eomples,iachrdaag a minor building eddi60U.Of to house the Manager's office. Tine scope of this building addition is d drawings su Prnpffix4 by Caudill Gustafson&Assoeiaroasy archkects who are acting as relmnantadves for the T wwsak Townbou es Aaaociahoa for this project The pmPoaed building addition is entirely within the tend owned by the Assoeletim Thera has pcwiously ben a pfe-W cation coaderence with Victoria who bad determined at that time that this building addition prgjdct should be processed as a minor YM Amendment Please contact us with any queeadons or comments. Thank yom show*, TAMARACK TOV TMOUSPS ASSOMTION,INC. By l f Ice, �Li�/ d�✓� TC Ord 97-02 Exhibit A Page 1 of 5 Tamarack Land Use Parameters February 3 , 1997 Permitted Uses by Right: -Single Family Attached Dwelling Units -Accessory Uses Associated With And In Support Of Residential Use -Landscaping and Roadways Major Structures: 7 buildings containing a total of 36 single family attached dwelling units . 1 office/pool building Land Use Parameters: -Maximum number of dwelling units: 21 -Unit Distribution: 23 Two Bedroom Units 13 Four Bedroom Units -Maximum Unit size by type: Two Bedroom: 1087 sq ft* Four Bedroom: 1428 sq ft* Office/Pool Building: 904 sq ft* -Maximum number of Parking Spaces: 43 spaces plus 1 additional space for each new bedroom -Maximum Building Height: Existing (to be determined for final land use plan) -Total Allowed Floor Area(calculable) excluding office/pool bldg: 44 , 289 sq ft* * Design specific modifications have been approved for certain additions or modifications to the individual units. The S.P.A. Modification approval by the Town Planner on July 3 , 1993 has been recorded in Book 726 at Pages 331-336 in the records of the Pitkin County Clerk and Recorder. Town Council Ordinance No. 2 , Series of 1997, authorizes certain other additions and/or modifications which may be permitted to occur. No building permits will be issued unless the plans are determined to satisfy or be consistent with the terms and conditions of the applicable approval. --4 a TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 19 SERIES OF 2000 AN ORDINANCE AMENDING THE TAMARACK TOWNHOMES S.P.A. TO PERMIT AN ADDITION TO AND MODIFICATION OF THE OFFICE/LOCKER ROOM BUILDING ADJACENT TO THE POOL AREA. WHEREAS, Town Council Ordinance No. 2, Series of 1997 ("Ordinance 2"), granted approval for the combined Conceptual and Final Specially Planned Area ("SPA") Plan for the Tamarack Townhomes; and Whereas, the Tamarack Townhouses Association, Inc ("Applicant") has requested approval to amend the Tamarack Townhomes SPA Plan to permit the construction of a 152 square foot addition to and modification of the office/locker room building adjacent to the existing pool area; and WHEREAS, the land use parameters set forth within Exhibit A of Ordinance 2 specified a maximum allowed size for the Office/Pool building as being 904 square feet; and WHEREAS, said building, including the addition shown and described within Exhibit A of this Ordinance, will be 891.3 square feet in size; and WHEREAS, the intent and purpose of this Ordinance is to evaluate and approve the site location and architectural design of the addition Pursuant to the conditions contained within Ordinance 2; and WHEREAS, the Planning Commission considered the Applicant's proposal at their August 2, 2000 meeting and unanimously recommended approval subject to the conditions contained in this Ordinance; and WHEREAS, a public hearing will be commenced before the Town Council on August 21, 2000 to receive public comment; and WHEREAS, the Town Council has heard a presentation by the applicant and the recommendation by the Town staff regarding the Applicant's proposal. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: r ;? / .40W TC Ord.00-19 Page 2 Section One: Findings. The Town Council finds as follows: 1. The applicant has submitted sufficient information pursuant to Section 16A-5-390(2)(b) of the Municipal Code to permit the Town Staff and the Planning Commission an adequate review of the proposal. 2. All public notification requirements, as specified within Section 16A-5- 60(b) of the Municipal Code, were satisfied relating to the Public Hearing occurring on August 21, 2000. 3. The application, subject to satisfying the conditions stated in Section Three below, is consistent with the applicable review standards specified within Section 16A-5-390(3) of the Municipal Code. Section Two: Action. The Town Council hereby grants approval of a minor amendment of the Tamarack Townhomes SPA Plan to permit the construction of a 152 square foot addition to and modification of the office/locker room building adjacent to the existing pool area, as shown and described within Exhibit "A". Further, this approval shall be subject to the conditions stated in Section Three below. Section Three: Conditions. The approval shall be subject to the following conditions: t. All colors and materials shall be consistent with the existing office/pool building. 2. The Applicant shall submit a construction management plan identifying material and/or equipment storage areas, describing how refuse material will be contained within and removed from the site and hours of operation for review by the Town Planning Director prior to building permit issuance. The Planning Director shall then review and approve the plan prior to the issuance of the building permit and may require amendments to the plan submitted as determined to be reasonable and necessary to mitigate impacts upon surrounding properties or Carriage Way Road of the development. The applicant shall either amend their plan accordingly or request that the matter be reviewed by Town Council for final determination. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on First Reading on August 7, 2000 upon a motion by Council pop 2 Z doop TC Ord. 00-19 Page 3 Member the second of Council Member and upon a vote of_ in favor and _ against. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on Second Reading on August 21, 2000 upon a motion by Council Member , the second of Council Member and upon a vote of_ in favor and _ against. TOWN OF SNOWMASS VILLAGE By: T. Michael Manchester, Mayor ATTEST: Trudi Worline, Town Clerk H:\Shared\Clerk\Ord.tc\00-19 SPA Amend Tamarack 1st Read _ 23 � RASH 91NS 5 0 gyp: om Ta X. POOL 1 _ y �\ B HOUSE wry F p PROPOSED APPIt10N r • r • r I EXISTING CONDITIONS SITE PLAN ewe, .m EXHIBIT "A" OTown Council Ordinance No. 19, Series Of 2WO (Page 2 of 5) O 4p J Uj El YJALil - - EXHIBIT "A" Town Council Ordinance No. 19, Series of 2000 (Page 3 of 5) FM Douse s� srOWM mm POW ; '7711 ao.0 naa wu•+ae. / 11711 rrewwe. \ NOL RUP 4 P�OU fOIISE IMMOUTION PLAN PMOOM �'O' 1 0'lM R1MM MLL .;;•' sroPAeE ,•' I °✓�" ----- °✓�' I I °Y3C' °i'SS'• mm.tot 1®l O `^' mm V LPG rNerowin ROOM i Gcstw oaa rant anre wo+� StOR/NE PM MW 5 k.az w•.rp• 2 �� tAHIBIT "A" Town Council Ordinance No. 19, Series of 2000 (Page 4 of 5) r^ V•,� � Y lYa QMilN 5T0Rld["POOH r•lrowt. -�. I .ve•wnu, � ION KLMMKAL IIWrI� of ti ,'unw uuwn I i •y_ esirsrurrvu as eam *.5.4• a•.s 5N• I i 9y OFFICE ADDfi10N FOLIATION KM Li 1GI1L W.i'O' r�w•I- sa• r s.w• r sw, -_ _ _, __ 1 RIMmJ WMIY`\GAw Id1VLl6T y��j �' _ li se• z � OFFICE ADDITION BOOR FLAN r4 sw• 5'�w• 1-1 e'o w• r sp•.s'.w• r4 4 � I � [NMmJ .' M.mJ T�Qi LV4M M1)6� nNNLL!!O� l�� � _i I J. •------------- ♦ 1 J 5 h 7T-0• i 3 OFFICE Aoort1CN ROOF MAN , ' ecKe.u••.re• _ �' .2 i' EXHIBIT "A" Town Council Ordinance No. 19, Series of 2000 (Page 5 of 5) ^ � LJ i I i -- i I IF IF '1 t i l I1i111irIl F Lr .I .I I 11 :f .. f 2 $' COUNCIL COMMUNIQUE MEETING DATE: 08-07-00 BY: Steve Connor STAFF: Joe Coffey SUBJECT: Chapter 17 of the Snowmass Village Municipal Code concerning Employee Housing Resale Procedures. OVERVIEW: The Chapter 17 revisions will address the items listed below. • All housing units will now be subject to the Maximum Income and Asset Guidelines. This will include the 24 Crossings homes that are currently not restricted. • We have removed the duplication and combined homes and condominiums under one section instead of two separate sections. • The Crossings home base prices have been certified and the Certificate of Occupancy date is recorded for calculating future resale prices. FINANCIAL SUMMARY: N/A BOARD OF COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Discussion and approval of the Chapter 17 revisions is recommended. The new resale procedures are easier to understand and much shorter. -- 2 9- TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 22 SERIES OF 2000 AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE CONCERNING EMPLOYEE HOUSING RESALE PROCEDURES. WHEREAS, the Town Council requested the Housing Manager to review and suggest revisions to the resale procedures for condominiums and detached single family residence; and WHEREAS, the Housing Manger has made recommendations to the Town Council at several work sessions,; and WHEREAS, the Town Council desires to amend the resale procedures to incorporate the recommendations of the Housing Manager; and WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: 1. Chapter 17 Amended and Restated. The provisions of Chapter 17 of the Municipal Code are amended and restated as follows: Sec. 17-1. Purpose. To effectuate the orderly administration of permanent moderate housing units, the Town Council has determined that reasonable regulations and restrictions are required. It is the intention of the Town Council to ensure that permanent moderate housing units shall be available for purchase and occupancy by qualified individuals at an affordable price. Public funds are being utilized to make the original purchase price of a permanent moderate housing unit affordable, and, therefore, restrictions on the escalation of the value of the unit are required to ensure that the purposes for creation of the housing unit are maintained. Sec. 17-2 Application. The provisions of this Chapter shall apply to and restrict the use, occupancy and sale of all permanent moderate housing units, including without mom limitation condominium units and houses within the following projects: the Mountain View Permanent Moderate Housing Condominiums, the Creekside Condominiums, the Country Club Townhomes the Country Club Villas and the Crossings at Horse Ranch. Sec. 17-3. Definitions. As used in this Article, the following words shall be construed to have the meanings defined below: 1. Current resale price shall apply to all condominium units in existence on July 22, 1991, until the unit is sold by the owner, at which time the maximum resale price shall apply. Any condominium unit created after July 22, 1991, shall be subject to the maximum resale price. The Current resale price means the owner's purchase price, plus: a. An amount equal to the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, commonly known as the C.P.I.- W, calculated as follows: i. The purchase price of the current owner; ii. Multiplied by the C.P.I:W last published prior to the time of purchase by owner; iii. Divided by the C.P.I-W last published prior to the date of notice of intent to sell. b. The depreciated cost of improvements to the condominium unit which have been paid for by the owner and approved by the Town. 2. House Base price base price as shown herein. The finishing of the basement shall be added to the base price upon completion to a maximum of the amount shown as standard basement, provided that the completion is in accordance with the description of a house option. Crossings Lot Number Base Price Standard Basement 1 $295,874.00 $33,570.00 2 $206,710.00 3 $249,154.40 $18,817.46 4 1 $352,862.00 1 $6,296.00 �.. 3/ Crossings Lot Number Base Price Standard Basement 5 $321,707.21 $24,204.79 6 $296,695.00 $27,132.00 7 $301,795.00 $38,535.00 8 $324,965.00 9 $381,168.00 $28,424.00 10 $308,748.00 11 $357,995.00 12 $341,775.00 $32,088.00 13 $384,043.00 $1,291.00 14 $297,774.00 15 $239,501.00 $35,122.00 16 $214,250.00 17 $297,610.00 $8,630.00 18 $296,437.00 19 $285,150.00 $27,132.00 20 $336,514.00 $32,088.00 21 $376,173.00 $944.00 22 $211,701.00 23 $299,425.00 24 $300,935.00 25 $231,261.00 $33,576.00 26 $287,278.00 27 $338,113.00 1 $1,743.00 32 OWN Crossings Lot Number Base Price Standard Basement 28 $322,486.00 $15,840.00 29 $284,498.00 30 $214,327.00 $63,000.00 31 $296,585.00 $31,782.00 32 $309,676.00 $23,296.00 33 $189,330.00 $52,920.00 34 1 $227,400.00 $35,112.00 35 $215,670.00 $63,000.00 3. House Improvements means any option which is installed after the issuance of the original certificate of occupancy for the house plus the cost of the deck option, if it was subtracted from the calculation of the base price by the Housing Manager. The maximum amount of improvements shall be limited to ten percent (10%) of the base price. From the issuance of the original certificate of occupancy, the limitation on the maximum amount of improvements shall escalate as follows: a. To five (5) years, five percent (5%) of the base price; b. To six (6) years, six percent (6%) of the base price; C. To seven (7) years, seven percent (7%) of the base price; d. To eight (8) years, eight percent (8%) of the base price; e. To nine (9) years, nine percent (9%) of the base price; and f. To ten (10) years, ten percent (10%) of the base price. An owner shall provide the following information to the Town Clerk with the written notice of intent to sell to substantiate the calculation of the allowable amount of improvements: a. An affidavit of owner setting forth the amounts expended for improvements with receipts attached thereto; b. The certificate of completion issued by the Building Official for the improvements, if required, or if no certificate of completion is required, then a statement from the Building Official that the improvements installed did not require a certificate of completion. Crossings Lot Number Date of Certificate of Occupancy 1 October 9, 1995 2 October 9, 1995 3 April 19, 1995 4 October 9, 1995 5 July 24, 1995 6 October 9, 1995 7 July 24, 1995 g December 9, 1994 9 November 14, 1995 10 December 6, 1994 11 December 6, 1994 12 December 9, 1994 13 December 21, 1994 14 December 6, 1994 15 October 9, 1995 16 April 3, 1995 17 September 21, 1995 16 February 2, 1995 19 October 9, 1995 20 February 2, 1995 121 November 20, 1995 -3Y- Crossings Lot Number Date of Certificate of Occupancy 22 February 2, 1995 23 March 20, 1995 24 October 9, 1995 25 February 20, 1995 26 October 10, 1995 27 July 24, 1995 28 October 9, 1995 29 March 17, 1995 30 April 3, 1995 31 October 9, 1995 32 April 14, 1995 33 July 24, 1995 34 May 5, 1995 35 May 5, 1995 3. House Options means any improvements to a house or lot, which was approved by the Town Council as an option to the basic house design, as set forth in Exhibit "A" to the Horse Ranch Employee Housing Development Agreement entered into by and between the Town and Foresite Capital Facilities Corporation on April 22, 1994, plus automatic sprinkler system, gutter and downspout, permanent landscaping and heat tapes. 4. Housing Unit means a condominium unit or a house that is subject to the provisions of this Chapter. _ 3s'- 5. Maximum resale price shall only apply to a housing unit that has been maintained in a clean and orderly condition, normal wear and tear excepted. Maximum resale price means the owner's purchase price: a. Plus, the lesser of an amount equal to the original price plus a three- percent (3.0%) annual increase in the purchase price, prorated from the date of purchase, or an amount equal to the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, commonly known as the C.P.I.- W, calculated as follows: i. The purchase price of the current owner; ii. Multiplied by the C.P.I.-W last published prior to the time of purchase by owner; iii. Divided by the C.P.I.-W last published prior to the date of notice of intent to sell. b. Plus, the actual cost of capital improvements performed by the condominium association of the project in which the condominium unit is located, paid for by the owner, not to exceed ten percent (10%) of the owner's purchase price. C. Plus, the cost of installed house improvements. 6. Owner means the fee simple owner of a housing unit. 7. Qualified purchaser means an individual meeting the qualifications for sale and resale of a housing unit as established from time to time by the Town Manager, taking into consideration employment, income, net worth and any other criteria established by the Town Manager to determine eligibility for purchase of a housing unit. 8. Resale fee means an amount equal to one percent (1%) of the selling price of a condominium unit to a maximum of one thousand dollars ($1,000.00), and one-half of one percent (.5%) of the purchase price of a house to a maximum of one thousand five hundred dollars ($1,500.00). Sec. 17-4. Resale procedure. a. Notice to Sell and Resale Fee Deposit. The owner shall file a written notice of intent to sell with the Housing Manager. The Housing Manager shall determine x~07 r _ the maximum resale price or the current resale price for the condominium unit if applicable, collect one-half (%:) of the resale fee based upon the higher of the maximum resale price or the current resale price. A notice of the availability of the condominium unit or the house for purchase by a qualified purchaser shall be published in the Snowmass Village Sun once a week for the next four (4) consecutive weeks. b. Snowmass Village Employee Priority. For thirty (30) days from the date of filing of the notice of intent to sell, qualified purchasers who are employed on a full-time basis in the Town shall have the first opportunity to purchase the condominium unit or house. At the end of the thirty-day period, the Housing Manager shall prioritize all qualified purchasers who have submitted a qualification letter from a lending institution stating that they have been pre- qualified to obtain a mortgage for not less than the amount of the purchase price to be financed and a verification of deposit of funds for the balance of the purchase price. c. Prioritization of Qualified Purchaser. The priority for each qualified purchaser shall be determined by full-time employment history as follows: L Category 1. Greater than fifteen (15) years. ii. Category 2. Greater than ten (10) years to fifteen (15) years. iii. Category 3. Greater than five (5) years to ten (10) years. iv. Category 4. Greater than one (1) year to five (5) years. Within each category, priority shall be determined by lot. Further prioritization shall be determined for Snowmass Village employees only, as follows: a. an existing Owner of one (1) year or greater in the project in which the condominium unit or house is located, shall be designated the first priority qualified purchaser, irrespective of full-time employment history; or b. for a three (3) bedroom condominium unit or a house, a single parent with a minor dependent child who resides with the parent for a minimum of one hundred eighty-three (183) days each calendar year or two (2) or more persons shall be designated the first priority qualified purchaser, irrespective of full-time employment history, after a person granted priority under the provisions of subparagraph (a); and c. In the event multiple qualified purchasers are confirmed under subparagraph (a) or (b), then the priority shall be determined by full-time employment history, and then by lot, if necessary. d. Contract and Sale Procedure. The first priority qualified purchaser shall have seven (7) days to enter into a contract with the owner for purchase of the housing unit. In the event that a contract is not timely entered into then the next priority qualified purchaser shall have seven (7) days to enter into a contract with the owner for purchase of the condominium unit or house, and so on until a sale occurs. The owner may not reject an offer from a qualified purchaser that is for the maximum resale price or the current resale price, as the case may be, unless other terms and conditions of the offer are unreasonable. Thereafter, if the condominium unit or house has not been sold, the owner may list it for sale with a real estate broker, or negotiate a contract for its sale provided that the owner shall notify all prospective purchasers that they must be confirmed to be a qualified purchaser by the Housing Manager. e. Advertise Housing Unit for Sale. The owner shall advertise the housing unit for sale by the placement of a "for sale" sign meeting the requirements of Chapter 16A of this Code at a conspicuous location. f. Confirmation of Qualification. At the closing of the sale, the Housing Manager shall confirm: L The status of the qualified purchaser to purchase the housing unit or house; ii. That the purchase price does not exceed the maximum resale price or the current resale price, as the case may be; and iii. That the owner has paid the balance of the resale fee to the Town. Sec. 17-5. Mandatory resale. If the principal place of residence of the owner is not maintained at the housing unit, then the owner shall immediately offer the housing unit for sale in accordance with the provisions of Section 17-4. Sec. 17-6. Nonqualified purchaser. In the event that a purchaser who is not a qualified purchaser takes title to a housing unit, then such purchaser shall immediately: a. Mandatory sale. Place the housing unit for sale in accordance with the provisions of Section 17-4, provided that the maximum resale price shall be the ' 3Y ' lesser of the actual purchase price paid by the nonqualified purchaser or the maximum resale price; and b. Mandatory rental. Rent the housing unit to a Town or County employee, subject to the approval of the Town Manager pending the sale of the housing unit. In no event shall the nonqualifying purchaser reside in the housing unit or obtain any use or enjoyment from the housing unit. Sec. 17-7. Rental. a. No owner may rent all or a portion of a housing unit without the prior express written approval of the Town Council. b. With the approval of the Town Council, a homeowner may rent their entire house. The maximum rent for any approved lease shall not exceed the monthly expenses for costs of principal and interest payments, taxes, property insurance, condominium assessments and utilities, plus an additional amount not to exceed twenty dollars ($20.00) per month. If no mortgage exists against the housing unit, then the rental rate shall not exceed the monthly expense plus a reasonable amount approved by the Town Council. A security deposit in a reasonable amount which is refundable in accordance with the laws of the State may be deposited by the tenant. No short-term rentals will be allowed, and the total rental for a calendar year shall be limited to a maximum of six (6) months. c. Without the approval of the Town Council, the owner of a housing unit of greater than one (1) bedroom may rent one (1) unoccupied bedroom to a maximum of two (2) people. Provided, however, the owner occupant must reside in the housing unit at all times, must occupy a bedroom in the housing unit and must receive prior approval for any such rental from the association in which the housing unit exists. d. Where there exists a conflict between any limitation or requirement in this Code and any limitation or requirement contained in any applicable protective covenant, deed restriction, condominium declaration, homeowners or condominium association bylaws or rules and regulations, as the same may be adopted or amended from time to time, the more restrictive limitation or requirement shall prevail. 3 9o0ow Sec. 17-8. No guaranty or warranty. No guaranty or warranty is made by the Town that an owner may be able to: a. Resell a housing unit; b. Resell a housing unit at the maximum resale price; c. Rent a housing unit; or d. Rent a housing unit without incurring monetary loss. Sec. 17-9. Exempt transactions. Certain transfers of fee title in a housing unit shall not be required to follow the procedure set forth in Section 174, unless designed to avoid the intent of this Chapter. a. Operation of law. A transfer by operation of law, by will or inheritance or by gift, provided that the person who becomes vested with fee title to the housing unit meets the criteria of a qualified purchaser; b. Foreclosure sale. A transfer of the fee title to the housing unit by a public trustee deed or a sheriff's deed pursuant to a foreclosure sale; or c. Required notice. Upon the transfer of fee title in a housing unit pursuant to either of the foregoing, notice shall be provided to the Town Clerk of the applicable information required to determine that an exempt transaction has occurred. Sec. 17-10. Release of restrictions. To induce lending institutions to finance housing units, the Town Manager is authorized to enter into agreements with lending institutions which allow for the release of a housing unit from the application of the provisions of this Chapter in the event of a foreclosure of a first priority deed of trust or mortgage securing a loan. Any such agreement shall provide that: a. The Town shall have an option to purchase the housing unit for the price which would be paid by the redeeming owner in the foreclosure; b. The option to purchase period shall commence upon the end of the last redemption period of the foreclosure and shall continue for a period not less than ten (10) days; and c. The release of the housing unit from the applicability of this Chapter shall occur only after the expiration of the option to purchase period. Sec. 17-11. Remedies of the Town. The Town expressly reserves all remedies provided by law for breach of these restrictions. a. Transfer void. In the event a housing unit is sold and conveyed without compliance herewith, such sale shall be wholly null and void and shall confer no title whatsoever upon the purported purchaser. Each and every conveyance of the property, for all purposes, shall be deemed to include and incorporate by this reference the covenants herein contained, even without reference herein to this agreement. b. Failure to cure breach. In the event the owner fails to cure any breach, the Town may resort to legal action, including, but not limited to specific performance of these restrictions or a mandatory injunction requiring sale of the property by the owner. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to the owner. c. Housing unit price freeze. In the event of a breach of any of the terms or conditions hereby of the owner or the transfer of a housing unit to a nonqualified transferee, the original purchase price of the housing unit shall upon the date of such breach or transfer automatically cease to increase and shall remain fixed until the date of cure of said breach or disqualification. 2. Severabilitv. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on First Reading on August 7, 2000 upon a motion by Council Member the second of Council Member and upon a vote of _ in favor and _ against. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on Second Reading on August 21, 2000 upon a motion by Council Member , the second of Council Member and upon a vote of in favor and _ against. TOWN OF SNOWMASS VILLAGE T. Michael Manchester, Mayor ATTEST: Trudi Worline, Town Clerk r �� TOWN OF SNOWMASS VILLAGE TOWN COUNCIL PUBLIC HEARING WHEN: MONDAY, AUGUST 7 , 2000 WHERE: SNOWMASS VILLAGE TOWN COUNCIL CHAMBERS 0016 KEARNS ROAD 2ND FLOOR SNOWMASS CENTER BUILDING WHY: TO RECEIVE PUBLIC COMMENT ON: RURAL TRANSPORTATION AUTHORITY (RTA) PROPOSED INTERGOVERNMENTAL AGREEMENT TIME: AT A MEETING WHICH BEGINS AT 4 : 00 P.M. THE PUBLIC HEARING WILL BE HELD AT APPROXIMATELY 6 : 00 P.M. THE EXACT TIME OF THE HEARING WILL BE DETERMINED BY THE AGENDA. INFO: 923-3777 Trudi Worline, Town Clerk Posted and Published in the Snowmass Village Sun on 07-19-2000 . http://www.tosv.com clerk @tosv.com 0/3 - TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: GARY SUITER, TOWN MANAGER RE: MANAGER'S REPORT DATE: August 3, 2000 #RRRFF#R#ftRFRRN#rtFF##trtFrtt#FF####i#FtRRFtM#ffrtrtrtF#rt###ittifrtrtrt##R#R##rtrtFR###R#RrtrtrtF#RRRRirtF##MfftrtrtFF#F *TOWN HALL MEETINGS The Mayor and I have tentatively scheduled the next Town Hall meetings for September 12t" and September 13`". We anticipate the same format, having an afternoon meeting on Tuesday, and an evening meeting on Wednesday. Please let me know of any topics that might be appropriate for discussion. Ideas might include: Community Pool; Mall Transit Plaza; Employee Housing Funding; or any other ballot issues. Please let me know if these dates work for you and we will begin advertising later this month. PARK SHELTER You may have noticed the new tent canopy at the Community Park. The Town purchased this for approximately $2,600. Renting a similar tent for the summer would have been more expensive. Park use has visibly increased since the installation of the soccer goals and the canopy. The new tent can be used for other TOSV functions and the set up/take down is about one hour. With regard to the new park shelter, the manufacturer has informed us that delivery is twelve weeks away. We plan on installing the new park shelter before November and the contractor will do site work prior to delivery. *JOINT MEETING WITH BOCC The Pitkin County Commissioners have requested a Joint Work Session with Town Council in Snowmass Village on Monday, August 14th. They would like to meet from noon until 2:00 to discuss affordable housing and a potential November ballot question. The Commissioners have offered to buy lunch and would appreciate a response as soon as possible. We do have a Work Session scheduled for August 14`", beginning at 2:00 p.m. Please let me know. ENTRYWAY SIGN Discussions are continuing with County staff and CDOT regarding the proposed sign location. We are awaiting a letter from CDOT concerning placing this sign in state right-of-way. When these variables are determined, we need to set up a time with the County Commissioners to discuss the proposed sign code amendment and try to reach agreement on sign location and size. It appears as if the Commissioners are not willing to adopt the sign code amendment until we come forward with a specific proposal. We will keep you advised. INFORMATION TECHNOLOGY UPGRADES Attached is a letter from the Community Forum updating us on the issue of high-speed internet access for the Valley. There may be a need for more government involvement and support if the goal of installing a larger, high-speed data pipeline is to be achieved. ART DEDICATION For your information, the Arts Advisory Board is scheduling a celebration and dedication of our two latest pieces of public art. That would include the rock sculpture by Nancy Lovendahl at the Community Park and the recently installed mg fly at the Brush Creek Stream restoration project. A dedication is planned for Saturday, August 19 and we're hoping for a good turn out. 4sy_ 01-14-OOMR Page Two TOWN COUNCIL RETREAT We are moving forward with plans to hold a Town Council Retreat at the Snowmass Club on August 17th from 9:00 a.m. until 3:00 p.m. Please mark your calendars. *AT&T WIRELESS I was successful in negotiating a $20,000 one-time payment from AT &T Wireless for the use of Lot 13 for the new wireless facility. Steve will draft the amendments to the Timberline Lease, in accordance with Council direction. Does Council agree that we should use this money for researching and drafting a Communications Master Plan? Please let me know. *CAST MEETING IN PARK CITY The October CAST meeting will be held in Park City, Utah on October 26'" and 27"'. This will be a good opportunity to tour new facilities at Park City and The Canyons, including the new Olympic facilities. I plan on going. Please let me know if you are interested in attending. Jacque Whittset needs a head count as soon as possible. The next CAST meeting is August 24125 in Grand Lake. 'Response requested MOM��� Community Forum Associated with The Aspen Institute AI Diersch Chair July 21, 2000 Gary Suiter Town of Snowmass Village P.O. Box 5010 Snowmass Village, Colorado 81615 Dear Gary: Thank you for your letter of support for the Community Basic Technical Assistance Planning? Grant to help improve telecommunications service for our 4Rivers Area. On May 15t , we received the "Beanpole" grant from the State. Additional funds have also been contributed by the Colorado Mountain College Foundation, the City of Glenwood Springs, Pitkin County and the Town of Basalt. The report to the State is now in progress, and we are addressing each unique community within the 4Rivers area: Aspen, Basalt, Snowmass Village, unincorporated Pitkin County, Carbondale/Redstone/Marble, Glenwood Springs and the surrounding area, Eagle/Gypsum, Rifle/Silt/New Castle and Parachute. We have assembled local advisory groups and are in the final weeks of conducting focus groups throughout the area. We have had a tremendous response to our survey (available on our website, www.rfvalley.com) and have made substantial progress in evaluating the need for high- speed internet access for municipalities, institutions, businesses, home-users and the Latino community. Thank you for your efforts in helping us to get off to a solid start. However, the project will not end with the planning report in August, but will continue as we develop strategies to implement our goal of achieving the best possible high-speed internet access for the "last mile" residents of the 4Rivers area. We hope that we can count on your continued support as we move forward. If you have any questions, please contact me at (970) 945-6996 or rfpm @rof.net. Sincerely, Marina Florian Project Manager, 4Rivers Telecom Project �V LL ' P "" 1000 North Third Street,Aspen,CO 81611 • (970) 925-7010•FAX (970j-925-41$8. SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES 07-24-2000 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, July 24, 2000 at 5:45 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Jack Hatfield, Kevin Costello, Mark Brady COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Gary Suiter, Town Manager; Craig Thompson, Community Development Director; Hunt Walker, Public Works Director; Chris Conrad, Planning Director; Steve Connor, Town Attorney; Trudi Worline, Town Clerk PUBLIC PRESENT: Bill Kane, Victor Gerkin, Madeleine Osberger and other members of the public interested in today's Agenda items. Item No. 2: PUBLIC NON-AGENDA ITEMS There were no Public Non-Agenda items. Item No. 3: FIRST READING — ORDINANCE NO. 18, SERIES OF 2000 AN ORDINANCE AMENDING THE SNOWMASS SKI AREA S.P.A. TO PERMIT THE CONSTRUCTION OF A CHILDREN'S RACE BUILDING AND SURFACE LIFT ADJACENT TO THE SCOOPER SKI TRAIL AND TO AMEND ORDINANCE NO. 03, SERIES OF 1996 REGARDING THE SNOWMAKING CONTROL BUILDING The Planning Director explained that this Ordinance adjusts the square footage approved for the Snowmaking Control Building from 6,000 sq. ft., as originally approved, to 7,669 sq. ft. actual size constructed. Although the additional square footage was constructed in accordance with approved building plans, the Planning Department was not aware of the additional square footage at the time Ordinance No. 3, Series of 1996 was approved. Bill Kane of Aspen Skiing Company (ASC), explained that this proposal before Council is to construct a 07-24-00tc Page 2 1,192 sq. ft. Children's Race Building and surface lift adjacent to the Scooper Ski Trail. He stated that the construction will be a service improvement for the children and would not change the current number of employees. Victor Gerkin provided an overview of the plans. Council discussed exterior materials planned for the shelter, roof pitch, employee housing mitigation and food service during the summer months. Mercatoris requested information at Second Reading, regarding employee housing mitigation as it may apply to the increase in square footage according to Ordinance No. 9, Series of 1994. He also requested that the Snowmass Wildcat Fire Department be notified to inspect the additional square footage at the Snowmaking Building as well as at the Children's Race Building. Hatfield requested that Kane provide the current number of Aspen Skiing Company employees. Gerkin explained that the service road to the facility was constructed in 1999. Hatfield requested that modern toilet facilities rather than temporary facilities, be constructed at the Children's Race Building. The Town Planner requested a copy of Snowmass Water and Sanitation's response to the applicant's notification of intended or non-intended uses of their facilities. After further discussion, Mercatoris made a motion to approve First Reading of Ordinance No. 18, Series of 2000, seconded by Costello. The Planning Director stated that a Condition would be added to the Ordinance which states, "food service will be provided during ski season only without further Town Council approval." Costello made a motion to approve the amendment as stated by the Planning Director. Mercatoris seconded the motion to amend. The motion to amend was approved by a vote of 4 in favor to 0 opposed. Mayor Manchester called the question for First Reading and was approved as amended, by a vote of 4 in favor to 0 opposed. Council Member Brady was absent. Item No. 4: RESOLUTION NO. 27. SERIES OF 2000 A RESOLUTION APPOINTING NEW MEMBERS TO THE TOWN OF SNOWMASS VILLAGE CITIZEN GRANT REVIEW BOARD Mercatoris made a motion to approve Resolution No. 27, Series of 2000, seconded by Hatfield. There being no discussion, the motion was approved by a vote of 4 in favor to 0 opposed. Council Member Brady was absent. Item No. 5: MANAGER'S REPORT Town Council Retreat The Town Council will hold a Retreat on August 17, 2000 at the Snowmass Club. elf' 07-24-00tc Page 3 Mall Playground Eguiament Mercatoris reported that he would meet with representatives of the ASC and Snowmass Village Resort Association (SVRA) regarding cost sharing for replacement of the playground equipment located at the upper Mall, on property owned by the Silvertree. Staff research has provided an approximate cost of $16,000 for purchase and installation of new playground equipment. Mercatoris requested that every effort be made to install the equipment this summer. He also requested a discussion regarding purchase of additional equipment such as a climbing wall, trampoline, etc. in the near future. He will also meet with Silvertree representatives regarding future maintenance of the equipment. Question of the Week At the request of Council, publication of the "Question of the Week" will be discontinued. An avenue for feedback to Council from the public will continue to appear on the Town's Internet Web Site and the telephone "Hotline" will remain open to the public. Assistant to the Town Manager Position Council discussed the viability of the Assistant to the Town Manager position, recently vacated by Leslie Klusmire. After discussion, Council majority agreed that the Town Manager should move forward to fill the Assistant to the Town Manager position. Council majority also agreed that the Community Development Director should move forward to hire a Senior Planner and an experienced Planner. Council stated their staff expectations of increased efficiency, project orientation and accomplishment of Town goals. Benedict Park Water In response to an inquiry from Mercatoris, the Town Planner reported that due to construction, the General Manager of the Timberline Condominiums has temporarily stopped the water that feeds Benedict Park. Mercatoris requested that staff check to be sure the recirculation pump is turned off until the water is turned back on. Toddler Center Construction Manchester requested that staff investigate the extent of the Town's involvement in the Toddler Center at the Little Red Schoolhouse. ASC Zip Line In response to an inquiry from Mercatoris, the Town Manager reported that a letter has been sent to the United States Forest Service (USFS)from Council stating Council's support of ASC's request to construct a Zip Line on the Ski Mountain for use as a summer recreation activity. SOW 01 07-24-00tc Page 4 2000 Census Results The Town Manager requested that citizens who had not been contacted by a Census worker notify the State Census Bureau in order to be included in the 2000 Census. Item No. 6: APPROVAL OF WORK SESSION SUMMARY FOR 07-18-00 AND MEETING MINUTES FOR 06-19-00 AND 07-10-00 Mercatoris made a motion to approve the Work Session Summary and Meeting Minutes as listed above. Costello seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Brady was absent. Item No. 7: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/STATUS REPORT Sinclair Road Dumpster Landscaping Costello reported that he has received citizen complaints regarding the landscaping at the Sinclair Road dumpster site. Council directed staff to plant wildflowers in the area and replace trees that have been removed. Projects List Manchester requested that a list of Council Projects be provided to Council Members. Parcel "N" Employee Housing Construction Manchester reported that he spoke with Mark Norris regarding the Town's commitment to proceed with construction of"Parcel N" employee housing. Council majority agreed that their goal is to begin construction during the Fall of 2000. Council discussed funding for the project and resale price for the units. ASC Advisory Committee Manchester reported that he recently attended an ASC Advisory Committee Meeting. The group discussed special events which have been planned for the upcoming ski season. A presentation was provided by the head ski instructor regarding ski school operations. Manchester recommended that ASC begin a program of providing "kid ambassadors" on the slopes. The next meeting is scheduled for August 10, 2000. Now 50 Aaw 07-24-00tc Page 5 SLC Land at Horse Ranch Council requested that the Town Attorney investigate legal uses for the Snowmass Land Company land near Horse Ranch. Time-Share Tax The Town Attorney reported that he spoke with Bond Counsel regarding Council's request to tax use of time-shares within Snowmass Village. He provided options for collecting funds from time-share owners to offset impacts to the Town. Council requested information regarding the average sales tax charged for an overnight stay at a Snowmass Village hotel or condominium. Council also requested that the Town Attorney contact other municipalities that have implemented a tax or impact fee for time-share use. After further discussion Council concluded that the fee should come from an excise tax specific to time-share housing and requested that staff provide recommendations to Council in the near future. Council Photos The Town Clerk reported that Council photograph proofs would be available within the upcoming week. CML Conference Manchester reported that he received a letter from SVRA asking that Council indicate an amount they would be willing to donate toward the Colorado Municipal League (CML) Conferences held in Snowmass Village. The Town Manager stated that SVRA is bidding to host CML Conferences for the years 2004 through 2006. Council majority agreed to offer their support to host the future events in Snowmass Village. Council also agreed to share costs with SVRA in order to provide fireworks and live music during the conferences. Ban Jake-Brakes Mayor Manchester reported that he received a letter from a concerned citizen requesting that the use of"Jake-brakes" be banned from Snowmass Village. The citizen wrote that he felt the noise diminishes the quality and value of the community. Fencing — Creekside Drainaae Pond In response to an inquiry from Hatfield regarding his earlier request to extend the fencing around the Creekside drainage pond, the Town Manager reported that the Community Development Director and Landscape Architect will address the issue in the near future. Hatfield explained that the pond is only fenced from the front allowing access from the back side of the pond. 000%# /4000 07-24-00tc Page 6 Woodrun Dumpster Location In response to an inquiry from Hatfield regarding identification of a new location for the Woodrun Dumpster, the Town Manager stated that a Council Executive Session has been scheduled for the August 7, 2000 Regular Town Council Meeting to discuss this issue. Loud Music Complaint Hatfield reported that he had received complaints from concerned citizens regarding loud music coming from the Margarita Grill during late evenings. Mercatoris explained that if a citizen has a noise complaint they should notify the Police Department who will address the problem and send a Police Officer to determine if the noise is a nuisance. Item No. 8: CALENDARS This Item was discussed during Item Nos. 6 and 7 on the Agenda for this Meeting. Item No. 9: ADJOURNMENT There being no further business, Hatfield made a motion to adjourn the Meeting, seconded by Mercatoris. The motion to adjourn was approved by a vote of 4 in favor to 0 opposed. Council Member Brady was absent. The Meeting adjourned at 7:20 p.m. Submitted By, Trudi Worline, Town Clerk *mow 5"d2 OW Please Turn in Your Status Report Updates to Jennifer Worth by Status Report August 16, 2000 at 5 P.M. Bullets in Italics have been previously listed State of the Town August 7, 2000 Town Council/ Town Mana er Manager Mall Transit Plaza ■ Cash flow model developed &being refined. Gary Suiter, Town Manager ■ MKC proceeding w/redesign & cost estimates of parking structures. Next meeting August 71h. ■ Staff researching market value of parking space leases. Very little info available. Entryway Planning Project ■ Continuing dialogue with Horse Ranch HOA. Gary Suiter, Town Manager Town Manager's Office Activities ■ Negotiating AT&T Wireless Lease Gary Suiter ■ Planning Council retreat for August 17`� @ Snowmass Club. ■ Proceeding w/Rodeo appraisal. ■ Completing outstanding employees'reviews. ■ Interviewing candidates for Assistant position. Town Attorne ff Manager Status a ; Town Attorney General Activities ■ Developing ballot question for excise tax on time- Steve Connor, Town Attorney share units. • Finishing Guber trail license. • Finishing revisions to the Snowmass Club 1. • Finishing Timbers project documents. • Assisting on Droste reclamation project. • Assisting with Parcel N project documents. Public Works Iti iaff Manager Brush Creek Trans Corridor ■ Roger Millar is developing final report. Hunt Walker ■ Dale will up date Council on Monday, August 7'h. 1 � GUT Owl Owl Creek Road Closure ■ Pitkin County will be closing Owl Creek Road from Hunt Walker mid-August to mid-October for realignment and paving on the eastern end of the road. Road Fund ■ Work has already begun, and will continue through Hunt Walker August and September. Wood Run Dumpster • Met with Woodrun 5 about alternative site. After Hunt Walker making a good faith effort to look at the site, they determined that it was unacceptable. Will take issue to Council on 8/7/2000 to determine next steps. Brush Creek Trail • According to Dale Will there is only one property Hunt Walker left in the Brush Creek Valley that needs a trail easement. Housin aff Manager Status Housing Department Activities ■ There are no units currentlyfor sale. Joe Coffey ■ The Housing Department is advertising for a Building Maintenance Mechanic 1 employee. ■ The Creekside painting is progressing, and the painters are starting on the Homeowner Buildings. • Painting bids for the Little Red School House are being reviewed. • The Housing Office is advertising for a Secretary. • Construction Bids for the Mountain View retaining wall repair will be opened on August 15`h. • The Housing Staff is repainting the Palisades apartment building exterior walls that are peeling. Parcel N. Employee Housing ■ Weekly construction meetings are held on Joe Coffey Thursdays at 1:30 at the Housing Office. • The Parcel "N" Development Team met with the Planning Commission on August 2na • The next Planning Commission meeting will be August 91h at 4:00 p.m. This may be the last Planning Commission meeting for Parcel "N" • A Parcel "N" Public Hearing is scheduled for August 14`h. 2 -s YOM- Environmental and Wildli a Activities Brush Creek Field Guide ■ Contract completed. Project timeline June 2002. T.B.A. ■ SNC Board meeting mid-June to begin searching 7 analyzing other sites. Snowmass Nature Center ■ Made an offer of employment to candidate for T.B.A. Senior Planner position. Finance = Manager Finance and Personnel Activities ■ Closing July Financial Statements Marianne Rakowski ■ Updating Capital Revenue Plan ■ Reviewing Draft Pay& Classification Plan ■ Working on financing options for Parcel W'. ■ Began 2001 budget process. Web Page Enhancement ■ New Splash Screen (Intro) Nick Tacker ■ The online forms (bike registration, etc.) are finished. ■ Part of the wildlife information page is up. ■ Biking and hiking trails are almost completed. Town Clerk ff Manner Status Town Clerk's Office Activities ■ Working w/AAB to revise ordinance. Trudi Worline ■ Revising central file system ■ Several special event permits, transfers of ownership, new license, license changes (liquor). ■ Completed and mailing"Call to Artists"brochure for new public art. ■ Supporting Grants Board meetings. ■ Updating Town Clerk section of Town Web Page. ■ Preparing for Municipal Code Book update. ■ Checking 1999 RETT applications against Town property sales recorded with Pitkin County in 1999. ■ Supervising Public Service Worker 2 days per week. .0_UJpdating Business/Sales Tax License information 3 — 460�J^ 1� and instructions in preparation for upcoming renewals. Police Manager Police Department Activities ■ Brooks Bishop as resigned from her position as Art Smythe, Police Chief Municipal Court Clerk to take an administrative job with the Basalt Police Department. • Laurie Smith is moving from Animal Control to the Court Clerk position. She will continue to stay involved in wildlife education programs. • Provided management support for the Arts and Crafts Fair and security services for free concert series. • Assisted CDOT with Portable truck weigh station at village entrance on July 12. Communi Develo ment Dri2artment w Manager Status Community Development Director ■ Attended Pitkin County affordable housing meeting Activities on 7/27/00. Craig Thompson ■ Made an offer of employment to candidate for Senior Planner position. Environmental and Wildli a Activities FIED 'IStaff Manager Status Brush Creek Field Guide. ■ Contract completed. Project timeline June 2002. T.B.A. ■ SNC Board meeting mid-June to begin searching 7 analyzing other sites. Snowmass Nature Center T.B.A. Communi Enhancement Projects *0�; Ity/Staff Manager Status Art Work/Interpretive Signage for ■ Final design has been accepted for the mayfly trail. Brush Creek ■ Installation will occur in 6 weeks. Bernadette Barthelenghi Brush Creek ■ Corp of Engineers has issued a permit to the Town. Bernadette Barthelenghi ■ Pre-construction meeting will be held 715 to discuss start date. ■ Town Attorney drafting easement. ■ Drop structure construction will begin August 23i° or 28". ■ Field build w/remaining funds. Still to be done: surveying, budget review, contract signing, stockpile location, brush clearing. ■ Gazebo w/cedar shake roofing has been ordered. ■ We will be meeting with Seasons Four HOA to update them on the project. ■ Staff will do planting plans in-house this winter. ■ Installation will occur around August 28th. ■ Blueprints should arrive the end of July 3151 ■ Still waiting on additional pricing for fireplace & seat wall. Plans & Polic Develo meet /Staff Manager Status Affordable Housing Mitigation ■ Article IV Housing mitigation presented July 10. Joe Coffey Brush Creek/Benedict Trail ■ Began field survey June 3e. ■ Waiting for survey data. ■ Meet with the aquatic biologist for design in put. Environmental Foundation Grant Bernadette Barthelenghi Greenway Master Plan ■ Draft has been submitted to Town. Bernadette Barthelenghi ■ Staff conducted a public meeting 7/20/2000. ■ Input from Planning Commission expected in August. ■ Final was submitted to GOCO, staff met with GOCO on July 26`h to close out the grant 5 pow r 7-- ■ Changes to the maps defining the greenway areas has been done. Land Use Code Amendments ■ Article V work session August 14t". Chris Conrad Trails Planning ■ Sign program to be installed this summer/fall. Bernadette Barthelenghi ■ Trail Committee will meet July 201" @ 2:30. ■ New ditch trail construction is under construction now. ■ Guber/Owl Creek Trail: Attorney&L.A. met w/Peter Guber's people. 3rd proposal is being reviewed now. ■ Trail committee will meet August 23`d @ 3:00 ■ 1,000 new tear proof; water proof trail maps were printed with our 12,000-map order. Watershed Management Plan ■ Data will be compiled and presented to Town Staff Bernadette Barthelenghi over the next few weeks by engineering firm. ■ Engineering firm mapping watershed data. New: Lot#3 ■ A contractor has installed an irrigation system for Bernadette Barthelenghi our new,llowers to beplanted 1st week ofAu�usL Major Development Review U date Daly Lane Conference Center ■ Received application August 2"'. Sketch Plan Chris Conrad Parcel N Preliminary PUD ■ Planning Commission to complete review August 9`h. Chris Conrad ■ Town Council Public Hearing,August 14`h. Seven * Ranch ■ Extension granted to August 215'. Gary Suiter/Steve Connor Snowmass Center Expansion IN Joint TC/PC meeting July 26. Sketch Plan ■ Next PC meeting August 16t11 . Chris Conrad Snowmass Club Phase II Sketch ■ Original application withdrawn June 12. Plan ■ Amended sketch plan submitted June 26. Chris Conrad ■ No hearing dates scheduled yet. The Timbers at Snowmass ■ Construction anticipated to commence August. Chris Conrad ■ Completed final plat and documents per final PUD. Rodeo Grounds Pre-Sketch ■ Scheduled for August 215w 6 58'' Chris Conrad Minor Development Review U date rl-'�Pjectl Manager Update ASC SPA Amendment ■ Children's Race Building and surface lift adjacent to S. Cooper Chris Conrad Ski Trail. ■ TC first reading July 24. ■ TC Second Reading August 7`h. Tamarack Minor ■ Minor addition to create new office space and improve pool Chris Conrad locker rooms. Approval recommended at July 26`" PC meeting. ■ TC First Reading August 7`h. Subdivision Exemption ■ To condominiumize existing duplex plus caretakers quarters. Lot 1,Ridge Run Unit I ■ Schedule for August 21"TC meeting. Chris Conrad Administration Modi ication, SUP, TUP, Variance i P.-"' 'joptl Manager Update, Administrative ■ Snowmass Water Sanitation District Employee Housing, Modifications Governmental SPA. ■ Lot 15, Two Creeks. Special Review ■ Public Works Operation Facility Expansion. Variances ■ Lot 61, Horse Ranch reconsideration PC 7119. ■ Lot 24, Pines, PC 8116. En orcement U date o f, ASC Control Building Compliance ■ TC Public Hearing 817. Dave Ellis Brush Creek Offices ■ Draft an agreement to resolve the land use disputes Chris Conrad between Brush Creek Offices and Woodbridge Homeowners. Pendin U date t / Manager Update AT& T Cell Site @ Timberline ■ Approved June 19. Maintenance Building ■ Amended lease required, Town-owned land. Chris Conrad ■ Building permit application submitted and should be issued by August 7`h. Netbeam Wireless Discussions regarding placing antennae atop Chris Conrad Snowmass Center for wireless phone and internet connections. ■ Process as minor SPA amendment. ■ Received diagram, showing location. Snowmass Real Estate Expansion ■ No application received at this time. Chris Conrad ■ Applicant preparing to submit interim SPA administrative modification application. Snowmass Water & Sanitation ■ Possible re-zoning of all Water & Sanitation Chris Conrad parcels to PUB—Public along w/possible employee housing project. ■ Complete application received. Will be processed as an administrative modification. Timberline Meeting Room & Pool ■ Below grade facility adjacent to pool. Facilities Building ■ Approved May 30. Chris Conrad ■ Under construction. Trans ortation pot / Manager Update Janus Jazz ■ Finished negotiations on who will be handling their David Peckler VIP/General parking needs and Town bus service for the Labor day Festival. Scheduling of drivers is in progress. ■ August 11, 2000 there is a meeting of the Inter- Mountain Regional Planning Commission from 10:00 a.m. to 12:00 p.m. at the Garfield County Court House, Room 402. This meeting is to review the Statewide Transportation Plan. I believe that the Town's bus replacement and Mall Transit Plaza are listed in the plan, making them eligible for 5309 funding. ■ I Hope to be bringing the staff recommendation on free parking at Two Creeks before Council on r— roa - August 14, 2000. ■ Will begin running our ad for winter drivers beginning next week. Project Update Coordination-Gary Suiter 923-3777 ext. 206 Public Works-Hunt Walker 923-5110 1lousing-Joe Cofley 923.2360 Community Development—Thompson/Conrad/Barthelenghi/Ellis/Stahman/Gaunt/Coxon 923-5524 Town Clerk -Trudi Worline 923-3777 Finance-Marianne Rakowski 923-3796 Police Chief-An Smythe 923-5330 9 swoop 4/I Sunday I Monday I Tuesday I Wednesday I Thursday Friday Saturday August 2000 1 2 3 4 5 6 7 8 9 10 11 12 TC W S- EOTC- 2:00 PM 4:00 PM @ TOSV TC MTG- 4:00 PM 13 14 15 16 17 18 19 TC WS- TC RETREAT 2:00 PM 9:00 AM- 3:OOPM SNOW MASS CLUB 20 21 22 23 24 25 26 TC WS- CAST DINNER CAST MTG- 2:00 PM 6:00 PM 9:00 AM GRAND LAKE TC MTG- 4:00 PM 27 28 29 30 31 --F 9 vowo 0£ 6Z 9Z LZ 9Z 9Z K 611N"O'1 00:4 S'MOOZ £Z ZZ LZ OZ 8L 9L LL sjegwego SJGgwe40 I!ounoo I!ounoo u! 'w'd 0£:9 @ u!uOON 0 6HN IIeH umOl '61W IIeH UmOl 'S AA OOZ 9L 9t 4L £t ZL LL OL 61W'o'1 o0:b 'S'MOO:Z kV(IIIOH 8 9 L 9 5 b £ z as wa da a � s AepinjeS Aepii j Aepsinyl Aupsoul Fepsanl RepuoIN AepunS �7A- Seven Star Ranch 0-0 partnership < m Z 0 lass Lanclx Cn U) o 's LTd CD � CD i v 1;eP i e i a 42 ev l/ `eQ� i ' ` m `QQ\e � aN � 0 CD Ln SD X �� mG CD ' ��,��� CCD OD fir' �G CD _e r a I lr hi , � � s Warn Enterprises) =r y point L of As e Monument Rock Ranch, City 201 N. Mill Street, Suite 201 Aspen, 81611 R014623 �^ J. �.- V �c N x., i �xz) (fir fmir to or IL p * ( I IIBr Ilri F '1 �1'T ST���� �,, - .� 'h..��•.' �; ;Y� � �sF - r n ^t t ♦ -.' -i `axe,.. J. a:. ,� •,y��• ���' '"�_`.�. u OW ri two M -r �2AW P- PACKF '� f6l flue i� hu T E y�cccvyc l(/$ -07-mod_ (f c4') > f 40- ' c I _ r.`• f \ r �-..� . � A I � t ir ML VW jw- ; �..._. �..• - Ar- >ine�a Y -_ it Ala.. , � ' _�I ' _ � /•� ^ , Draft of 6423/AO 8/04100 ROARING FORK TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT by and among CITY OF ASPEN,COLORADO TOWN OF BASALT, COLORADO TOWN OF CARBONDALE, COLORADO EAGLE COUNTY, COLORADO GARFIELD COUNTY, COLORADO CITY OF GLENWOOD SPRINGS, COLORADO PITKIN COUNTY,COLORADO and TOWN OF SNOWMASS VILLAGE,COLORADO Dated as of September 1,2000 ereating providing for the creation of the" r::b the "Roaring Fork Transportation Authority" as a Rural Transportation Authority pursuant to the Colorado Rural Transportation Authority Law, Title 43,Article 4, Part 6, Colorado Revised Statutes, as amended. R£GITAbS 1 AkGp REMENT 2 0267662.08 `` TABLE OF CONTENTS i Page ARTICLE I DEFINITIONS Section 1.01. Definitions from the Act...................................................................................2 Section1.02. Other Definitions..............................................................................................2 ARTICLE II E-TABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS Section2.01. Establishment ................................................................................................4¢ Section2.02. Purpose.............................................................................................................5 Section2.03. Boundaries........................................................................................................5 Section2.04. Voter Approval.................................................................................................5 Section2.05, Initial Members.................................................................................................¢ Section 2.06. Qu of Asnen Lodging Tax Election................................................................ ARTICLE III BOARD OF DIRECTORS Section 3.01. Establishment and Powers.............................................................................3 2 Section3.02. Directors ........................................................................................................3 j Section 3.03. Alternate Directors ........................................................................................3 Z Section 3.04. Appointment of Directors and Alternate Directors .......................................3 2 Section3.05. Tetras of Office .............................................................................................6 Section 3.06. Resignation and Removal..............................................................................6 Section3.07. Vacancies.......................................................................................................6 b Section3.08. Compensation................................................................................................6 B Section 3.09. Resolutions and Voting .................................................................................6$ Section 3.10. Powers of the Board ......................................................................................6$ -VC-^o,*.:;:A:FEE8 Section 3.11....................Bylaws. Rules and Resolution of Deadlocks I Section 3.12........................................Additional Directors Q SECTION 4.92. ACTION C-v^,"."::".":IT RES 7 ARJICLE IV ADVISORYCOMMITTEES.........................................................................................................g ARTICLE V OFFICERS Section5.01. Generally .......:................................................................................................7 Q Section5.02. Chair............................................................................................................14-7 Section5.03. .,:, iF 4 Vice Chair.................................................................................14 Section5.04. Secretary......................................................................................................14 S Section5.05. Treasurer......................................................................................................14 9 Section 5.06. Executive Director.......................................................................................114 Section 5.07. Resignation and Removal............................................................................119 Section 5.08. Changes to Authority, Powers and Duties...................................................119 Section5.09. Vacancies.....................................................................................................118 Section5.10. Compensation..............................................................................................118 ARTICLE VI POWERS OF THE AUTHORITY Section 6.01. General Grant of Powers.............................................................................114 Section 6.02. Specific Responsibilities .............................................................................12 4 Section 6.03. Limitations on Powers of the Authority....................................................4$12 ARTICLE VII FUNDING THE AUTHORITY Section 7.01. initial Autherity Sales Tax 10 Baseline Funding...........................................12 Seetien .04 Section 7.02...........................................................Additional Authority Sales Taxes �1A Section X93 ZM. Visitor Benefit Tax....................................................................................44.0 Section -7-.9Er. LULocal Transportation Sefviees 12 Project Funding........................................ Seetien 7.0;:motion 7.05 ...................................................Discretionary Member Contributions 4-2 lb Section q-."LO. Mitigation of Development Impacts..........................................................43142 Section;-94 ZJU. Pursuit of Federal and State Grants...........................................................431¢ geet4ea 7.10. o,._ , + Section 7.08....................................................Capital Proiects and Bonds 12 Section 7.09. ...............................Pitkin County Intergovemmental Agreement 12 5eetio;, 7.12 Section 7.10..........................................................4......No Implied Limits on Powers 4311 ARTICLE VIII REORGANIZATION OF RFTA AND RFRHA AND LEVEL OF SERVICE Section 8.01. Reorganization Plan................................................................................-.4-312 Section 8.02. Reorganization of RFTA...........................................................................4312 Section 8.03. Reorganization of RFRHA........................................................................44 1$ Section 8.04. Maintenance of Effort.....................................................................................4 5 Section 8.05. Aspen Local Service.......................................................................................T,4 02-67662.08 ii ARTICLE IX MEMBERS Section9.01. Initial Members..........................................................................................4-S a Section 9.02. Additional Members..................................................................................446 I 4r ARTICLE X TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION Section10.01. Effective Date............................................................................................4629 Section10.02. Termination ...............................................................................................46 Zi Section 10.03. Distribution of Assets Upon Termination .................................................4-721 ARTICLE_XIPPENWIFI A Trnwt ARTICLE XI SEC-Tiolh 944E .n.ilFIC 6tT!Owi !712EE NNSE OF Di_RF.CTORS. OFFICERS. MEMBEI OF DVISORY CQMh.fi'TEES AND EMPLOYEES..........................................ZI ARTICLE XII AMENDMENTS Section 12.01. Amendments Generally.............................................................................4-7 21 Section 12.02. Amendments to Boundaries, Authorized Transportation Projects and Location of Authorized Transportation Projects.......................................4-7 22 Section 12.03. Modification of Appendix 13 17 Aonendices B-1 through B-6......................22 ARTICLE XIII MISCELLANEOUS Section 13.01. Adoption and Execution of Agreement in Accordance with Law.............48 22 Section 13.02. Parties in Interest........................................................................................1822 Section 13.03. No Personal Liability..................................................................................18 2,2 Section13.04. Notices........................................................................................................18a Section13.05. Assignment.................................................................................................1822 Section13.06. Severability................................................................................................4-8 22 Section 13.07. Interpretation .............................................................................................4.9 21 Section13.08. Governing Law..........................................................................................4-921 Section 13.09. Counterparts................................................................................................19 21 AA DD ,=r A DniT*TTADIT�C nYr 'rvC DnADrl i!_ CnD :avo r x SO x�iE "T TH nP� APPENDD{ A 02-67662.09 iii ADD NTTTV D DF A rT D A T T QT-QUESTION PETER &NATION OF BOUNDARIES OF THE AUTHORITY_........................................................................................................................ � APPENDIX B-1 PITKINCOUNTY BALLOT OUESTION....................................................................................j APPENDIX B-2 GLENWQOD SPRINGS BALLOT QUESTION..........................................................................I APPENDIX B-3 CARBONTDA .E BALLOT OUF_.STION.......................................................................................j APPENDIX B-4 T TN INCOMORATED GARFILLD COUNTY BAL L.OT QUESTION . APPENDIX B-5 BASALTBALLOT OUESTION...................................................................................................� APPENDIX B-6 T JN'INCORPORATED EAGLE COUNTY BALLOT QUESTION..............................................j APPENDIX C PROVIDED D DV TVr Al ITLI/1D TTV REGIONAL TRANSIT SERVICES....................TO DT�_ �>�-____ ADD EP D yA RATIONALE T E rO DIFFEREN GES W INITIAL A 7 A T 1TLT/1D TT]/ SALES TAX X RATES APPENDIX D APPENDIX E5 PAYMENTS TO PITKIN COUNTY WITH RESPECT TO OUTSTANDING PITKIN�C�O{U/ NTY BONDS PAYABLE FROM PITKIN COUNTY 4-%TRANSPORTATION TAX SALES ANDI ISE TAXES.........................................................................................................................� APPENDIX E RATIONALE FOR DIFFERENT EIRMINQ LZMU FROM DIFFERENT ARRAS..............I APPENDIX F INITIAL CAPITAL PROGRAMRGAWNG PIJOGBAN............................................................I APPENDIX G 02-67662.08 iv INVENTORYOF RFTA ASSETS................................................................................................j 02a7662.08 v ROARING FORK TRANSPORTATION AUTHORITY INTER .OVE.RNMENT I.ATV tNTERGOAZERNMENTAL AGREEMENT THIS ROARING FORK TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into as of September 1, 2000 by and among CITY OF ASPEN, COLORADO; TOWN OF BASALT, COLORADO; TOWN OF CARBONDALE, COLORADO; EAGLE COUNTY, COLORADO; GARFIELD COUNTY, COLORADO; CITY OF GLENWOOD SPRINGS, COLORADO; PITKIN COUNTY, COLORADO; and TOWN OF SNOWMASS VILLAGE, COLORADO(the ni•i°'-,.; "Initial Signatories"l. RECITALS WHEREAS, pursuant to title 43, artiele4-pan 6 article 4. nart 6, Colorado Revised Statutes, as amended (the. "Act"), Colorado counties and municipalities are authorized to establish, by contract, rural transportation authorities, which, upon the satisfaction of the conditions set forth in Seetien 2.01 Section 101 hereof, are authorized to finance, Construct, operate and maintain rural transportation systems; and WHEREAS, pursuant to title 29, aFtiele 1, °°" ' title 29. article 1. nart 2, Colorado Revised Statutes, as amended (the "Intergovernmental Relations Statute"), and finiel.e XI:: seetien-18 article XIV. section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; and WHEREAS, l initia "� �„Iere the Initial Signatories are counties and municipalities located in or near the Roaring Fork River Valley in west-central Colorado that desire to form a rural transportation authority pursuant to the Act and the Intergovernmental Relations Statute for the purpose of financing, constructing, operating and maintaining rural transportation systems consisting of the Authorized Transportation Projects described herein; and WHEREAS, in 1976, Pitkin County began providing regional public transit services in the Roaring Fork Valley in west-central Colorado; and WHEREAS, the Roaring Fork Transit Agency ("RFTA") was created in 1983 by an intergovernmental agreement between the City of Aspen and Pitkin County that merged their separate transit services in order to achieve greater operating efficiencies; and WHEREAS, upon its creation, RFTA assumed responsibility for providing regional transit services in cooperation with local governments throughout the Roaring Fork Valley; and 02-67662.09 WHEREAS, approximately half of RFTA's annual ridership, service miles and costs are associated with regional public transit services, and regional ridership increased by 134% from 1991 through 1998; and WHEREAS, 20-year regional population projections indicate that improved and expanded regional transit services will be even more necessary in the future to reduce automobile congestion, maintain the quality of life and preserve the environment;and WHEREAS, current funding mechanisms are inadequate to maintain and improve regional transit services; and WHEREAS, the initial Members Initial Sigltatories began workina together on the goal of forming a regional transportation authority in the fall of 1996- which work included support for the enactment of the Act: and WHEREAS, the initial Signatories formed a policy committee (the "Policy Committee") in January 2000 which has met in si*at least eight meetings to consider the interests of the initial Members initial Signatories, a public opinion survey and other technical information, and the recommendations of a specially formed citizen's committee; and WHEREAS, following consideration of all relevant information, the Policy Committee specified the terms of this Agreement WHEREAS- various drafts of this Agreement have been reviewed by and refined hand on comment received from and extensive discussions with the Governing Bodies of each Is Initial Signatories and citizens &Jo participated in a series of public hearings held throughou . e Roaring Fork River Valley.: AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenant set forth below, the Nilembem Initial Signatories hereby agree as follows: ARTICLE 1 DEFINITIONS Section 1.01. Definitions from the Act. The following terms shall, when capitalized, have the meanings assigned to them in wetiAn 69:1 section 602 of the Act: "Bond," "Construct," "Construction," "County," "Division,' 'Municipality "Person," "Rural Transportation Activity Enterprise,""Rural Transportation System"and "State." Section 1.02. Other Definitions. The following terms shall, when capitalized, have the following meanings: "Act" is defined in the Recitals hereto. 0267662.08 2 "Advisory Committee" means two or more persons appointed by the Board pursuant to Seetien 4.01 Article N hereof for the purpose of providing advice to the Board and includes the Citizen Advisory Committee. "Agreement" means this Roaring Fork Transportation Authority Intergovernmental Agreement, as amended from time to time in accordance with the terms hereof. "Alternate Director" means any person appointed as an Alternate Director pursuant to Seetien 3.03 Section 3.03 hereof. "Authority" means the Roaring Fork Transportation Authority, a separate political subdivision of and body corporate of the State established pursuant to this Agreement as a rural transportation authority under the Act and as a separate legal entity under the Intergovernmental Relations Statute. "Authority Sales Tax" means a sales and use tax levied by the Authority in all or any designated portion of the Members in accordance with section 6.05(1)(i)of the Act. "Authorized Transportation Projects" means the Rural Transportation Systems described in Section 2.02 hereof, as such term may be amended from time-to-time in accordance with Article XII hereof. "Board" means the Board of Directors of the Authority. "Boundaries" means the boundaries of the Authority deseribe accordance with Appendix A hereto, as §Ilgh Appendix and term may be amended from time-to- time in accordance with Article XII hereof. "Citizen Advisory Committee" means the special Advisory Committee described as sjlch in Article N hereof. in Seetien 4.01 hefeef-. " . "Corridor Investment Study" means the West Glenwood Springs to Aspen Corridor Investment Study/Environmental Impact Statement. "Denver Rio Grande Right-of-Way" means the 42-mile transportation/recreation corridor that varies in width from 50 to 200 feet extending from downtown Glenwood Springs to Woody Creek, Colorado that is owned by RFRHA and/or the members of RFRHA and is the subject of the Corridor Investment Study. "Director" means any person appointed as a Director pursuant to Seetien 3.02 Section hereof. Whenever the person appointed as a Member's Director pursuant to Seefien 3.02 Section 3.Q2 hereof is absent from a Board meeting, the term "Director" shall mean the Alternate Director, if any, appointed by such Member pursuant to Section 3.03 hereof. 02-62662.08 3 Division of Local Government" means the Division of Local Goverment in the State DPn =ent of Local Affairs. "Eagle County Transportation 44% Sales Tax" means the sales tax levied by Eagle County pursuant to Resolution No. 95-95 of the Board of County Commissions of Eagle County, as such resolution has been or may be amended from time to time. "Governing Body" means, when used with respect to a Member, the city council, board of trustees, board of commissioners or other legislative body,as appropriate,of such Member. "Initial Authority Sales Tax" means the Authority Sales Tax described in Section 7.01 heree€ (a) hereof, jagial Boundaries" means the Boundaries of the Authority on the dated Authority is originally established nursuant to Agigir, Il hereof, ac such Initial Boundaries are determined in accordance with Annendix A hereto. "Initial Members" means the Initial Signatories who become Members on the date on Y ch the Authority is orieinally established nursuant to Section 2.05 hereof. "Initial &natoriec" means the Municinalities and CiMnlicS That are simatories to this Agreement in its original form. "Intergovernmental Relations Statute" is defined in the Recitals hereto. "Member" means (a) the Initial Members and (b)The State or any Municipality or County that is becomes a member of the Authority R=uant to Scction 9.02 hereof. "O)Jrtcer" means the Chair, Vice Chair, Secretary, Treasurer or Executive Director of the Authority, and any subordinate officer or agent appointed and designated as an officer of the Authority by the Board. "Pitkin County X% Transportation Sales 4;9*= and UAg Ta* s" means W the sales tax levied by Pitkin County pursuant to Resolution No. 83-30, Series 1983, Resolution 85-45, Series 1985 and Resolution No. 8546 of the Board of County Commissioners of Pitkin County, as such resolutions have been or may be amended from time to time- and (b) the ggles and use tax levied by Pitkin Collty nursuaot to Resolution No 93-149. as such resolution has been or may be amend d from time to time.:is defined in the Reeitals her-ote. „ "RFTA" is defined in the Recitals hereto. "RFRHA" means the Roaring Fork Rail Holding Authority created by intergovernmental agreement among the Cities of Aspen and Glenwood Springs, the Towns of Basalt, Carbondale and Snowmass Village and Eagle and Pitkin Counties. 02-67662.08 4 "Regional Transit Services" means the transit services described in Appendix C hereto, as such Appendix may be amended from time-to-time in accordance with Article XH hereof. "Visitor Benefit Tax" means a visitor benefit tax levied by the Authority in all or any designated portion of a Member in accordance with section 605(1)(i.5) of the Act and Section 7.05 hereof. ARTICLE H ESTABLISHMENT OF THE AUTHORITY AND UOTIAL MENEM, Section 2.01. Establishment. The Membm beFeby eftblish the Roaring Fork Transportation Authority shall be established as a separate political subdivision and body corporate of the State pursuant to the Act and as a separate legal entity created by a contract among the lniliill Members pursuant to the Intergovernmental Relations Statute, effective upon satisfaction of the following conditions: (a) each inkiel lailiai Member H}#aes(il ltas held at least two public hearings on the subject of this Agreement in accordance with seetien 603(3)section 603(3) of the Act and 04hes(iil h executed this Agreement (which execution shall constitute a representation by such initial laillill Member to the other initial lai W Members that the executing 1pilisl Member has held the public hearings required by seetien 603E3j W&Jim 603(31 of the Act and that the Governing Body of such initial laitW Member has duly authorized such execution); (b) this Agreement has been approved by a majority of the registered electors residing within the initial JU iW Boundaries of the Authority who vote in a general election or special election called for such purpose in accordance with seetien 3(4)e€ the Aet section 603(4) of the Act which for nurooses of the November 7 2000 election shall he determined based on the votes US on the ballot auestions annroved by the Poi t r tin votes voting on the ballot gurstions that anprove the narticivation in the Authority by the Initial Members (determined in accordance with Section 2.05 hereofl; and (c) the Director of the Division of IQcal CloveMMent has issued a certificate pursuant to seetien 603(l) section 60301 of the Act stating that the Authority has been duly organized according to the laws of the State. Section 2.02. Purpose. The purpose of the Authority is to finance, Construct, operate and maintain an efficient, sustainable and regional multi-modal transportation system at any location or locations within or without the Boundaries of the Authority, subject to compliance with the Act " " . and provided that the Authority shall not finance rail =snortation unless and until voters of the Authority. or the area of the Au horilX in Allich the funding is generated specifically annrove such financing. Section 2.03. Boundaries. The 1piligj Boundaries of the Authority shall be as setf'e>th +x-Appendi*-A determined in accordance with Anoendix A hereto. Any territory included in the Boundaries of the Authority because the territory is included in the boundaries of a Municipality 02-67662.08 5 1 . . . • 1 1 . • . : 11 1 .n • : : . � . �. 1 ' 1 :.L_ ' 1l k1 11 �- • 1 - 1 . 1 1 k•r 1 • ./ 1 1 1 � 1 ./I • lorillimqrsTs=ii 1 1 1 : 1 11 ._-_1 kl 1 • ./1 • . . 1 • ._1 1 1/ 11 Lk •JI : 11 :p 4Ik 1 . 11 ..: 1• . 11 1 ' . .k 1 . P 1 1 - 1 111 MI 1 111 \ I ' 1 1 1 � - 1 1 1 1 I : l 1 ' • kl.�. 1 1 1 1 1 \ \ kl � 1 1 1 1 �.�.1 ' � kr . 1 1 1 1 ' 1 �. Il k• 11 � . .: . . . I l llr� 1. 1 1 I ; l : 1.% 1 - 1 1 - 1x • : 1Ly11 1 1 r . . IL * 111 1 .1 00111 1 (1-4 ril l-! - •11h 1 1 ' 11 1 • 1J1 . 1 / Iil •. / 11 -1_ •• 11 . Ik• 1 In 1 ' 11 : .J1 : • 1 . 1 1 •. 1�. 1 . 1 1 1 .. : • •: 1 1 : 1 1.- Y 1 11 1 kl • 1 ' 1 - h 1 1 • 1 \ lT41iltj ' 1 . 1.11 111 ' •1 Y 11 Lr l • . 1 1 •. 1? 11 1 " / 1 1 ' 1 1 : 1 - �� 1 11 4 " 1 1 1 .-__� k h 1 1 ' \ 1 _ 1 . • 1J 111 ' 1 "1.111 •. � - - -• 1 + �.ri1 1 1 1 1 1 "� MI 1 1 1.:11 1 - - 1 • " . 11 1 __-� 1 1 yh • 1 1 ./1 1 1.1 1 1,. 1 " 1 1 • 1•.• Y•._ ' 1 _ / - I • 1_ _ • • 1 •. I r 1 1 1 1 . 1 -. 1 - 1 1 � 11: 11. 1 . 1:. 111 i ' 1 • 1 - 1 F 1 1 ' . 1 1 1P • r. 1 • 1 • 1 1 ► .� 1 1 11 1 - 1 1 1 • 1 : 1 • " 11 7 •: • 11 _1 ' . 1 1 ' 1 9h 1 1 1 .II 1 . 11 1 " 1 1 1 11 1 r-_.1 • ' � _ 1 1 ►_ •1 T 1 1 I f: l • . 1 1 •_. 1i. 1 ' 1 Ikl 1 . I • ' 11 : 1 1 •. 1: 111 1 .1 1 1 � 1 kh • ..1 1 1111 f: 1 1 1 \ 1 1 11 Ilk 1 ill I �I - • =111 1 ' : 1 I • 1 1 1 - 1 'JI : 1 1 ' 1 11 � 1 1 1 � 1 11 • 1 1: 1 1 k• 11 1 :. - 11 1 IL AC . 1 1 •1 1 1 ' • y h 1 r - 1 1 1 1 1 11 q /.• \ 1 - 1 1 1 1 1 111 l �.1 1 I � I 11 � 1 1 =1 1 1 1 1 .1 1 kl ./ 1 1 - `1111 1 I : •Jl kll kl 1 I: 1 �I1 :;. V1 : :I � � . 1111 / 1I : . . :1. / I 1111 "� I I 1 V1 : J • 1 .: 1 - -16 1 y1• 11 1 I l y 1 Vnelmm. L1 : 1 • 1 1 1 •JI : 1 0 • � I. • / • 1 I 1 • • - I � 1 1 1 1 . 1 I 1 - lY• 1 " ' 41 I i � 11 1/ II 1.' F �I 1 VI : 1 1 -+ I • I : 1 1: 1 1 1 1 1 11 1 \ 1 1 1 .RI 1 I 1 :1F I 1 ' 1 1 1 " 1 . 1 1 m,--,T.7,Irm q1 I: 1 - 1 1/ 111.- F • 1 ' 11f 11 1 " I 1 111 1171 -nY : . 141 I IFY : 1 1 1 i •J " " 11 y1 I 1 1 \ 1 - ► 1 I yl 1 1 1 - / ./1 1 1 1 .III �. ./ 'I J - \ / 1 . 11.1 " T1 . 1d,1 1 1 1 ' 1 1 1 .I1 1 :. P.1 11 / 4 • 1 J 1 1 11 1 - 1 11 1 • 11 (1 1 " 1 1 111.1 Y• � 1 /1 I / _1 �1. ' y 1_'.- . 11 1 1 - i � 11 •. 11 .. • / 1 ► _ / Ii •..1 MM.% U._I l PM 7-XVIN-olMill 1 =4 I ' v 1 I I •1 \ 1 1 yl 1 : 1 III •. 1.. 1. 1 1 1 1 1 yF 1 - \ / "_ II Ly IJI 1 >,y 1 1 � 1 ' 1 y : I 1 1 1 1 1 •_ 1 • Y• 1 I.I l a 11 <1\ 11 1 1 " 1 1 " 1 I : L- • 1 y11 1 I i 1 : 1 I 1 P7777-1 1 I.',1 1 1 i 1 1 I: Board shall exercise and perform all powers, privileges and duties vested in or imposed on the Authority. Subject to the provisions of this Agreement, the Board may delegate any of its Committees emnlovee or agent of the powers to any Director, Officer, r,a.,o.r-�..---...------ -- -o---- Authority. Section 3.02. Directors. The Board shall be composed of one Director appointed by each Member. Section 3.03. Alternate Directors. In addition to the Director appointed by it each Member shall appoint an Alternate Director who shall be deemed to be such Member's Director for all purposes, including, but not limited to, voting on resolutions whenever the person appointed as such Member's Director is absent from a Board meeting. Section 3.04. Appointment of Directors and Alternate Directors. 4be As reouired_by section 603( )(bWD of the Act. the Director and the Alternate Director appointed by a Member shall ]may be a membe><members of the Governing Body of such Member and shall be appointed as a Director or Alternate Director by the Governing Body of such Member. Section 3.05. Terms of Office. The term of office of each Director and Alternate Director shall commence with the first meeting of the Board following his or her appointment and shall continue until (a1 the date on which a successor is duly appointed or 0+d*eQJft date on which he or she ceases to be an eleeted-e€iieiel a Memb I of the Governing Bodv of the appointing Member. Section 3.06. Resignation and Removal. Any Director or Alternate Director W may resign at any time, effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning;; and (p] may be removed at any time in whies- he of she Aw by the Governing Body of the Member that appointed him r her, effective upon receipt by the Secretary or the Chair of written notice signed by the Governing Body of the appointing Member. Section 3.07. Vacancies. Vacancies in the office of any Director or Alternate Director shall be filled in the same manner in which the vacant office was originally filled pursuant to X04 Section 3.04 hereof. Section 3.08. Compensation. Directors and Alternate Directors foF seryises peFfermed, and dy-reimbame them-hall serve without comnensation. but may be reimbursed,for expenses incurred; in serving in such capacities upon such tetras and pursuant to such procedures as may be established by the Board. Section 3.09. Sech " Resolutions and Voting. All actions of the Board shall be by resolution, which may be written or oral. Except as otherwise provided in Seetien-C ^? Section 3.11 hereof (relating to resolution of deadlocks and actions taken in accordance with nrocedures set forth in bylaws or rules adopted by the Boa*d by a two-thirds vote in accoIIjAUe with Ibis Section), Section 9.02 hereof(relating to additional Members), Seefien 9. Mernbers}and Article XII hereof(relating to amendments to this Agreement), resolutions of the Board shall be adopted upon the affirmative vote at a meeting oven to Lhe_� lr ; of at lest two- 02-67662.08 8 thirds of the Directors then in office who are eligible to vote thereon voting at a meeting open te the publiai which if all Initial Signatories become Initial Members and no Director is ineligible to vote. will be six of the eight initial Directors) . The Authority shall provide at least 48 hours' written notice of meetings to each Director and Alternate Director and to the Governing Body of each Member. Notwithstanding any other provision hereof, a Director shall disqualify himself or herself from voting on any issue with respect to which he or she has a conflict of interest, unless he or she has disclosed such conflict of interest in compliance with section-18 sections 18-8-308 and 24-18-101 et sea..Colorado Revised Statutes,as amended. Section 3r1JU. Powers of the Board. The Board shall, subject to the limitations set forth herein, have (a) all powers that may be exercised by the board of directors of a rural transportation authority pursuant to the Act, including, but not limited to, the powers conferred by section 604(3) of the Act, and (b) all powers that may be exercised by the governing board of a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Section 3.12, Bylaws. Rules apd Resolution of Deadlocks The Board, acting by resolution adopted as provided in Seaton 3.09 hereof may adopt bylaws or rules governing the activities of th_e Authority and the Board, including. but not limited to bylaws or rules governing the conduct of Board meetings, voting procedures,the type of resolutions that mot be in writing and procedures for the resolution of issues_ on which a two- thirds maiority cannot be obtained in accordance with Section 3.09 hereof. Notwithstanding Section 3.09 hereof: any Board resolution adopted in accordance with bylaws or rules that are adopted pursuant to this Section shall be valid ----rdless of whether gugh resolution is adopted by less than the two-thirds maronty rannired by Section 3.09 hereof: and W unless and until the Board adg= bylaws or rules in accordance with this Section that suI2ercede this clause (b), if the Board fails to approve the Authority's annual budget by resolution adopted in accordance wi h Section 3.09 hereof by the end of Lhe immediately preceding fiscal veal of the Authority or any earlier date reoutred by State law until an annual budget is so adopted the Authority's budget for such year shall be the prior year's budget. with adiustmen an=roved by a majority of the Directors then in office who are eligible to vote thereon that in the aggregate do not exceed the sum of "inflation" and the Au horny' `9ocal growth" as determined in acs rd nce with Article X- aection 20(2)(1)and(a) of the Colorado Constitution Section 3.13. Additional Directors If at any time there are fewer than four Members. then notwithstanding any other provision hereof in order to comply with the provisions of section 603(2)(b)(I) of the Act reouirine at least five Directors each Member shall appoint an additional Director and jW Altemate Director for such Director all references herein to the Director Alid Alternate Director of a Member shall be deemed to refer to the initial and Lhe additional Director and Alternate Director as appropriate. appointed by such Member. 0267662.08 9 ARTLCLEJY ADVISORY COMEMM The Board shall appoint and maintain a Citizen Advisory Committee to advise the Board with respect to policy and service matters. The Board may also appoint other Advisory Committees to advise the Board. The members of the Citizen Advisory Committee mast reside shall not be Directors, Alternate Directors or Officers of the Authority. The members of Advisory Committees other than the Citizen Advisory Committee may include Directors, Alternate Directors and Officers of the Authority. Advisory Committees shall not be authorized to exercise any power of the Board. q911[21 13 nm SE VEIRGLE OFFIG r c l Moi Huck nc*rr.. IBEPc ARTICLE V OFFICERS Section 5.01. Generally. The Board shall appoint a Chair, a Vice Chair, a Secretary, a Treasurer and an Executive Director. The Board also may appoint one or more subordinate officers and agents, each of whom shall hold his or her office or agency for such term and shall have such authority, powers and duties as shall be determined from time to time by the Board. The Chair and the Vice Chair shall be Directors. Other Officers may, but need not, be Directors. Any two or more of such offices may be held by the same person, except that the offices of Chair and Secretary may not be held by the same person and the person serving as Executive Director may not hold any other of such offices. All Officers of the Authority shall be persons of the age of 18 years or older and shall meet the other qualifications, if any, stated for his or her office elsewhere in this Article. Section 5.02. Chair. The Chair shall have the power to call meetings of the Board; the power to execute, deliver, acknowledge, file and record on behalf of the Authority such documents as may be required by this Agreement, the Act or other applicable law; and such other powers as may be prescribed from time to time by the Board. The Chair shall supervise the activities of the Authority and shall see that all policies, directions and orders of the Board are carried out. The Chair may execute and deliver contracts, deeds and other instruments and agreements on behalf of the Authority as are necessary or appropriate in the ordinary course of its activities or as are duly authorized or approved by the Board. The Chair shall have such additional authority, powers and duties as are appropriate and customary for the office of the 02-67662.08 10 chair of the board of directors of entities such as the Authority, and as the Board may otherwise prescribe. Section 5.03. Aliee Chair Vice Chair. The Vice Chair shall be the Officer next in seniority after the Chair and, upon the death, absence or disability of the Chair, shall have the authority, powers and duties of the Chair. The Vice Chair shall have such additional authority, powers and duties as are prescribed by the Board. Section 5.04. Secretary. The Secretary shall give, or cause to be given, notice of all meetings (including special meetings) of the Board, keep the Witten minutes of such meetings, have charge of the Authority's seal, be responsible for the maintenance of all records and files and the preparation and filing of reports to governmental agencies (other than tax returns), have authority to impress or affix the Authority's seal to any instrument requiring it (and, when so impressed or affixed, it may be attested by his or her signature), and have such other authority, powers and duties as are appropriate and customary for the office of Secretary of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Section 5.05. Treasurer. The Treasurer shall have eeniFe! of the funds and the eaf eusiedy- of subicct to rules and arocedurec gstblished by The Board be responsible for the custody of the funds and all stocks, bonds and other securities owned by the Authority and shall be responsible for the preparation and filing of all tax returns, if any, required to be filed by the Authority. The Treasurer shall receive all moneys paid to the Authority and, subject to any limits imposed by the Board or the Chair, shall have authority to give receipts and vouchers, to sign and endorse checks and warrants in the Authority's name and on the Authority's behalf, and to give full discharge for the same. The Treasurer shall also have charge of disbursement of the funds of the Authority, shall keep full and accurate records of the receipts and disbursements, and shall deposit all moneys and other valuables in the name of and to the credit of the Authority in such depositories as shall be designated by the Board. The Treasurer shall deposit and invest all funds of the Authority in accordance with this Agreement and laws of the State applying to the deposit and investment of funds of rural transportation authorities formed under the Act. The Treasurer shall have such additional authority, powers and duties as are appropriate and customary for the office of Treasurer of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Section 5.06. Executive Director. The Executive Director shall be the chief operating officer of the Authority and shall, under the supervision of the Chair, have such authority, powers or duties as may be prescribed by the Board. Section 5.07. Resignation and Removal. Any Officer may resign at any time effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning, and may be removed at any time by the Board. 02-67662.08 11 Section 5.08. Changes to Authority, Powers and Duties. Notwithstanding any other provision of this Article, the Board at any time may ehenge expand. limit or modify the authority, powers and duties of any Officer. Section 5.09. Vacancies. Vacancies in the office of any Officer shall be filled in the same manner in which such office was originally filled. Section 5.10. Compensation. The Authority may compensate Officers who are not Directors or Alternate Directors for services performed, and may reimburse them for expenses incurred, in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. ARTICLE VI POWERS OF THE AUTHORITY Section 6.01. General Grant of Powers. The•Authority shall, subject to the limitations set forth herein, have (a-a all powers granted by the Act to rural transportation authorities and (bW all powers that may be exercised by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Such powers shall include, but shall not be limited to: (a) the specific powers described in seetien 605 section 605 of the Act; (b) the power to establish Rural Transportation Activity Enterprises in accordance with seetien 606 section 606 of the Act; (c) the power to establish local improvement districts in accordance with seetien 608 section 60g of the Act; (d) the power to issue Bonds in accordance with seetien 609 section 609 of the Act; (e) the power to cooperate with any Person as provided in seetien 610 section ¢J� of the Act; (f) the power to invest or deposit funds as provided in seetien 616 section 616 of the Act; and (g) the power to petition for a judicial examination and determination of any power, act, proceeding or contract of the Authority as provided in seetien 620 section 620 of the Act. Section 6.02. Specific Responsibilities. In addition to the general powers described in Section 6.01 hereof, the Authority shall have the responsibilities described in this Section and shall have all powers necessary or convenient to carry out such responsibilities, subject to the availability of funds and, to the extent required by law, annual appropriation of funds by the 02-67662.08 12 Board. The description of specific responsibilities and powers in this Section shall not, however, limit the general powers of the Authority described in Section 6.01 hereof. (a) Regional Transit Services. The Authority shall use its best efforts to provide I S Regional Transit Services described in ADnendix C hereto. (b) Contract Transit Services. The Authority may enter into contracts with any Member or other Person for the provision of transit services in the manner and subject to the terms of such contracts. (c) Regional Transportation Planning. The Authority shall provide regional transportation planning services needed to plan and direct the Authorized Transportation Projects, pursue for federal funding and coordinate overall transportation policy within the area in which it provides Regional Transit Services. Regional transportation planning may, as determined by the Board, include short range service planning as well as long range planning, corridor investment studies and related environmental impact analysis. (d) Funding for Maintenance of the Denver Rio Grande Right-of-Way. The Authority shall provide funding for the maintenance of the Denver Rio Grande Right-of- Way until it is transferred to the Authority. (e) Funding for Construction and Maintenance of Regional Trails. The Authority shall provide funding for the construction of regional trails either dweugh in cooperation with Members,REELU or other Persons. (f) T*.v kevied in Ike T-som of Rosaft to Me provision of Men! serWee for the T-~ Base Local Service The Authority may fund Authorized Transnoration Proiects that serve the residen s and businesses of a Member (as distingilished from regional cervices) r,,,. oc of as otherwise nrovided in Section 8.05 hereof only pursuant to an agreement pursuant to which such Member pays the Aplhority for the services nrovided on a full allocated cost basis. Section 6.03. Limitations on Powers of the Authority. Notwithstanding Seetiens 6.01 Sections 6.01 and 6.02 hereof, the powers of the Authority shall be limited as follows: (a) the Authority may only finance, Construct, operate and maintain Authorized Transportation Projects (which. as provided in Section 2.02 hereof do not include the financing of rail transportation unless and until Authority voters annrove such financing)", (b)-JW Advisory Committees may only be appointed and may only exercise the powers as provided in Aftiele It Article IV hereof, (c) no action to establish or increase a tax or to create a multiple fiscal year debt or other financial obligation that is subject to section 20(4)(b) of article X of the 02-67662.08 13 State Constitution shall take effect unless first submitted to a vote in accordance with seetien 612 of the Ast- section 612 of the Act: (d)(M Visitor Benefit Taxes may be levied only in accordance with Section 7.03 herof: W the Board shall deliver notice of any proposal to establish, increase or decrease any tax to any County or Municipality where the proposed tax or fee would be imposed in accordance with seetien 613 section 613 of the Act; and (e)W a notice of the imposition of or any increase in any fee or tax or the issuance of Bonds shall be sent to the Division 2.f Local Government and shall be filed with the State Auditor and the State Transporutti:n Commission in accordance with seetiee 614 section 614 of the Act. ARTICLE VII FUNDING THE AUTHORITY Section 7.01. Baseline Funding The baseline funding of the Authority shall l2 provided from the following sources_ Initial Authority Sales Tax. (a)The Initial Authority Sales Tax shall unQn satisfaction of the conditions stated bel®w. be imposed at the following rates in the following areas within the Boundaries of the Authority: (i) ° (-iii) [0.4]8; in the City of Glenwood Springs; if City of Glenwood SorstLa voters anorove the lenwood Springs Ooestion described in Section 2.04(a)(iil hereof: LW 0.4% in the Town of Carbondale Eagle Getmiy and Gar-field County ineluded --- gem—aries of the (b) The r-atieflale for- the differ-enees in Initial Au berete. (e) :Me initial Audiew-ity Sales Tax shall be autheAzed by the be! 02-67662.08 14 . • • U 1 p.1 1 1 : • 1 I 1 T.tl1 • - 1 .. . i 1_. 1 HC / 1 • 1 1 1 1 1 P.1 Y• '! : l! . /1 • 1 1 \ .I 1 1 1 1 1 Me, 1 I,7 • F 1 1 " 1 1 ./ 11.1 t: �1 l',: 1 1 1 1 1 ► I 1 I Il INC I'te ' 1 _ 11 1 1 - 1 1 .1 H.1 Y• �1YI 1 1 U \ • T • 1 1 .n. 1 ..�• 1 1 1 1.• I w1:1 1 1 1 1 .II no 1 .II 1 1 yF • • 1 11 1 •/ - 1 1 I T M I •:! 1 ".•1 1 1 1_. 1 � :.1 1 1 INUT. MMU 1 I .1 11.1 f:I Row- 1 1 1 ' 1 1 1 1 1 lam. 1 h. 1 • 1 - • 'ln t 1 1 .1 P,1 H - 1 1 1 \ .I 1 1 :.h 1 1 • l- •I tl • 1 1 1 ' 1 L'! I � tl 1 1 1� 1 �)la1 �• ' l 1 . 11_ - !-I_ ( 1 � '.__II ' .A 11 , • ,.:. ' 1 • 1 \ 1 : I 1 1 " i 111 el + 111 1 ! / 1 1 • 1 1 - •_I 1 1 - 1 y F 1 1 • .1 \ . . 1 U 1 " 1 1 1 \ • 11 . - 1 • ' . 1 11 1. ly � 1 1 11 1 ' C• 11 1 1 • • Y oll!L�Mll 3 r"No ral.11111,11PA I .31 _. _ _• u_ r . r 1, r MW- 1. 1 • Y I 1. . r• 1 • 1, r _ . . . . ... - . . _ . 1 " •. 111 _1 ' . ' . . •., I " . . :: . . • .1 1 . . . . . _ ............. . . 1 ' 11 " 1 1 : . 1.=11 • . • 1 MIMIM 1 I " 1 ' 1 ' . 1111 1 •: /l1 yl 1 1 " 11E • VIC 1 � 1 n " 1 " 1 • 1 I ON • 1 1 . 1 1 1 \ 1 1 1 1 I " 1 1 . 1 1 1 ' • 1 1 1 1 I ' I - 11:� t • 1 1� • ly ' 1 1 a l all / 1 " • 1 1 � 1 1 . 1 1 _ 1 • 1 - . 111 11 I 1 111 •: 11 1 1 111 , 1.. 111 y l 1 •.� 11 c 1 ' . � -. 1. / ' -1 1 : 1 1 1 \ • F J 1 1 1 � n / =11 .- I 1 1 11 1 1 1 \_ 11 11 : 1.111 1 e..�11 - 1 1 1 111 ► IF •. l 1 :. 11 1 � 1 � � t 1 " • ' • \ • 1 11 � L11 •. .1 11 : • - 1 � 1 "! 1111 1 1: the 12A=entS to be made by Piikin County to the Authority nursua_nt to the first sentence of this subsection if and to the extent the Authority and Pitkm County so agree. {:p11& SkMSW, }owr re e B EGA-TQ Gibo;GE TB TPs ° 'rT- s BONDS 4 r e c r c wr rcwi�a ��wr nr rinr E4ED nz nrmvnr ee1i on 7.03. Spesial Fund ifig kffwgm em Regarding Eagi a Goe-M&Y P-1 A-]W-601 Faille Cognty Transportation Sales and Use Tax. Eagle County shall pay to the Authority the proceeds frem 2f the Eagle County 34%Transportation Sales Tim is pa5ing the same to RFT-A and Use Tax collected in the nortion of Eagle County within T____ _fn___..and the uni..,.,..porated area of County within election nrecincts l_IIC l uV•ii ii Vl D \:a al.0 ••v ...eu.vt•.vv.........�— --_ _____ County- -_ - 7 8 24 and 25 if the voters of unincomarated Eagle County within election precincts 7. 8. 24 iWd 25 antxove the Unincorporated Eagle County Question described in S- ' 7.04(a)(vi)hereof. To the extent required by law, the obligation of Eagle County to make such payments may be subject to annual appropriation by the Board of County Commissioners of Eagle County. (M Rationale for 20erent Fundine from 21B'erent Areas. The rationale for the di cic,-1 funding levels from different areas within the Initial Boundaries of the Authority is set forth in Appendix E hereto. Section 7.02 Seetiex 7.04. Additional Authority Sales Taxes. (a) The Authority may levy Authority Sales Taxes in addition to the Initial Authority Sales Tax upon compliance with the provisions of the Act, including the Vow approval requirements o gpmoval by the voters residing within the area in which such taxes are to be levied as reauired by Section 6.03(c) hereof and section 612 of the Act. Any such additional Authority Sales Taxes may, as permitted by the Act, be levied in all or any designated portion of the Members and at the same or different rates in different designated portions of the Members. (b) At the request of a Member and upon compliance with the provisions of the Act, including approval by the voters residing wit hen the in which such taxes are to be levied as reauired by Section 6.03(c) hereof ZW section 612 of the Act, and approval of the Board, the Authority shall levy an additional Authority Sales Tax at the rate (up to the limits of the Act) and in all or any designated portion of the Member specified by such Member for the purpose of funding Authorized Transportation Projects specified by such Member that serve the residents and businesses of such Member or the residents and businesses of such designated portion of such Member. Section -.85 I}. Visitor Benefit Tax. A Visitor Benefit Tax may be levied only at the re.,test of the Member in whose territory such Lx is to be levied: 02-67662.08 16 �1 1 - f: \ Y• � 11 1 • 1 - 1.11 11 • 1 � =111 Ir • 1 U � II Ly r l • 1 1 • 1 • 1 1 1 ' r1 1 • 1 ' • ^ r 1 .I 1 1 1 - 1 1 I 1 \ r: • 1 1 - " 1 1 1 I " 1 1 1 • 1 1,11 Ir 1 1 i 1 : 1 _ - . 11 \ 1 11 1 1 \ 1 r1 1 1 : 1 •.1 : 1 p 1 1 1 �� J♦ � � I 1 1 � I 1 I y I I i ' 11 . 1 - _ ' ! _ •_ar - r_' ' 1 1.1 ., 11 1 I - r - 1 Cllr • loll • r I • 1 U 1 1 1[ • 1 ! • F 1 ! ._! 1 \ 1 11 \ '.r 1 1 1 1 1 11 II I y 1 - 11 1 .1 • _ r 1 1 1 - 1 - I \ 1 - U - 11 .: : 1 1 i 1 1 r l a 1111 - 1 1 - 1 '- r 1 1 1 1 \ 1 11 : 1 ' Ir 1 U nr.a _: 11 111 1 IJI 1 1 ' 1 r 1 � 1 . 111.1 \ ..D r " ►. - - 1 11 . 1 r 1 - - n 11 - I 1 . I 1 •_ _ ! - - ! 1 1 1 � a a • I 1' 3 -. frill-10101 11 .. 1 " 0 ,11111.1ml. 1 1 1 woo 1 r 1 1 1 ' Y. ! • \ 1 1 r - . .� 1 1 l , 1 ' 11 L 1 11 .. 11 - 1 I I 1 " 11 . 1 ' •..111 .1 • ' 1 1 1 ! 11 1 1 - . .111 fir " 1 • •..11 . 1 i 1 %muMewl •. 1 " 1 i - - 1 1 ' �. " 1 1 - _ 1 . 1 : 11 �/1 yY 1 • 11 . I _. i 1 • •- 1 - 1111 ' r 1 � � 1 1 ' 1 1 1 1 1 � of 11 • - •.1 r 1 - :_ 1 1 1 \ - . 1 1 �P: [: 1 ' I 1 I • 1 \ II 1 1 ' 1 I 1 " 1 . 111 " • ' .. p . - ►. ' HI 11 Ir I - 11 II ' r Il : r " 1 1.1.1 1 � 1 i - yl . / 1 r: 1 - . . � 1 • 1 - I I; a ' . y 1 1 � l. � `f C• ' : 11 _ %1! _• yl.l 1 1 � off LyY 1 • I I I I 1 I 1 • ' .yl 1 .I 1 1 \/ X111 Ly 1 1 1 •ll.% a) I : 1 1 ' 1 1 1 \ 1 7 I N 1 1,• 1 I ' F 1 • 1 1 1 • 1 RN to • 1 I 1 1 1 1 \ 1 11 111,! 1 11, Rwi • • t I " 1 11 1 ' 1 1 ' t X11 t 1111 :• - -.I 1 11 � - •. 1 1 :. • / - / : 1 1 •- • 1 -- �_. I I / 1 _ _1 1 N/ �l/ 1 1 �.i. 1 ' - / " ' • 1 % 1 •• l :. • 1 e\ - 1 WL flIM 111 . 1 1 I.r I KOWII NI NO Iq ILI MI ! 1111 MR troM 1 11 11 4 •I VIR • RMT.11 IT.WL-11- V I iNzWo 1 vNill MR,1 - 1 11 f: t • . 1 1 maw F7TTTr,,7T,7yoTMa7jTtmww,7=, r=V7oT;M: s ::: 1 f% • : 1 1 � ill � 1 • .I 1 1 1 - 1/ 'lll •.y : 1 1 1 • 1 ' ! I 1 1 1 a • / 1 " 1 / : / • lug LIXI . . • • : / 1 / 1 ' \.I / . RIXAq 11 / \- - - y/ - II . / • 1 : • UIIIy 111/ 1 11 •. U � IIIy t1aF / 11 : . � •. / � tl1 U . 11 • " • 1 / 1 11 1 : 11 j... 1 • _: / : 1 II 1 • 1 • _ _e - • • .-.1 • 1 Ili KI 11 / .. • 1 _- \ � - • 1 1 '.- � __ 1 " 1 ._ / y : l 1 U � 111 - - 1 a • %. 1 1 1 " .111/ • tl 11 : 1 " 1 1 - : It / \ • • 11 I- 1 %. • 1 U 11 • " --1 1 11 • 1 - • / 1 " III l 114 Ile-To M U - II I N • 1 -• 1 1 111 II I 1: Seetien 7.08. Mitigation of Development Impacts. The Members acknowledge that development occurring within their jurisdictions will, in most cases, have an impact upon local and regional traffic congestion and that, moreover, transit service is one means for mitigating such impacts. Accordingly, Members shall evaluate and may choose to mitigate the traffic impacts of new development within their jurisdictions and/or specifically mitigate impacts upon regional transit services. Such mitigation for regional transit service shall be determined using a consistent Fmienal nexas methodology established by the Authority based on the rational nexus between development impacts and tra_nsportaton cervices. Members shall have sole discretion regarding how such mitigation is implemented through such means as ordinance-based transit impact fees, conditions of approval imposed upon individual development projects, or other mechanisms. Funds derived from such mitigation may be remitted to the Authority to offset capital costs and outlays associated with providing regional transit services to the Member. Section X09 2M. Pursuit of Federal and State Grants. The Authority shall actively pursue federal and State grants to support its activities, including grants for offsetting operating and capital costs, long range planning and environmental review, and major capital improvements. The Authority shall also cooperate and assist Members in their pursuit of federal and State grants for transportation projects. Section CIO.�,Q$,,Capital Projects and Bonds. The Authority shall ase its best a to Bonds to My fund the initial capital program described in Appendix F hereto and nxy; additional capital proiccts by the issuance of Authority Bona if voter anproval is obtained for the issuance of such Bonds ag required by Section 6.03(c) hereof acid section_612 of the A= through lease purchase agreements or other arrangements permitted bv, and subject to compliance with the Aet and other. applieable law, issue additional Beads in the fatwe. The applicable provisions of. State and federal law_ or through one or more agreements with one or more Members. including. but not limited to. agreements with Pitkin Conty under which Pitkin County issues its bonds toSund capital proiects for the benefit of the Authority and he amount paid to the Authority by Pitkin County pursuant to Section 2.04 Emisting cash eontmbuti HS -and- in- ldlid- sen-Wes provided by Members to suppoi4 RFTA and RVRJ1A shall be efim*nated- Authority funding established by this Ag eement shall repinee all sueh funding,lieges€-7 Ol(bl hereof is reduced by the amount of the debt service on the Pitkin County bonds Section 7.09. Pitkin Couply Iptergayernmental Agreement. The City of Aspen. Pitkin County and the 12wn of Snowmass Village shall enter into an intergovernmental agreement chat distributes the portion of the Pitkin CMIX Transportation Sales and Uac Taxea not committed to the Autbprity for fi,ndine local services in the City of Acorn and the Tg= of Snow^.Hass Village. Seet*on 7.13 Section 7.10. No Implied Limits on Powers. Except as otherwise specifically provided, no provision of this Article shall limit the Authority's powers under the Act. 02.67662.08 19 ARTICLE VIII REORGANIZATION OF RFTA AND RFRHA AND OF SF.RVI . . Section 8.01. Reorganization Plan. The inifi_' Memo""- _'e ie If Pitkin County voters anoroye the Pitkin CojWtv Question described in Section 2 04(a,�0 hereof, the Members YjW use their best efforts to reorganize RFTA and RFRHA in accordance with this Article. If Pitkin County voters do not aonrove the Piikin County Question described in Section 2.04(a) fil hereof. this Article will be ineffective. Section 8.02. Reorganization of RFTA. RFTA will be reorganized and merged into the Authority in accordance with this Section evef a 12 to within an 18 month period of time commencing with the formation of the Authority (the "RFTA Transition Period"). During the RFTA Transition Period: (a) The Authority will assume responsibility for the services provided by RFTA and the operating revenues of RFTA (as distinguished from the contributions to RFTA by its members) will become Authority revenues no later than January 1,2001. (b) For the purpose of continuity, Directors of the Auth ;ity appointed by each initial jUjjW Member will also serve as such Member's director on the Board of Directors of RFTA during the RFTA Transition Period. (c) During the RFTA Transition Period the Authority, either directly or by contract with RFTA, Pitkin County, or others, will use its best efforts to maintain the existing transit services as described in Section 8.04 hereof. (d) At the end of the RFTA Transition Period RFTA's Board of Directors will dissolve and RFTA's administrative structure, employment contracts, and operations shall merge with the Authority to the extent they have not already done so. (e) The Authority and RFTA shall adopt, as a first priority, a Transition Plan that conforms to the terms set forth in this Section and that specifies how merger issues, including those related to human resources, employee benefits, disposition Imaaf4I of RFTA assets and contractual relationships (e.g., with Pitkin County), will be resolved. Transition will be deemed complete when all issues set forth in the Transition Plan have been addressed to the satisfaction of the Board. The Transition Plan shall include the following terms: (i) Title to the assets of RFTA, with the meepteen of real pFepefty, will_ dtagbad in Annendix Q herein that do not constitute real nronert• WL cubiect to the terms of the Transition Plan, a transferred to the Authority the conclusion of the RFTA Transition Period. The assets of RFTA described in &2i2rndi2UQ hereto that constitute real oronerty will. subject to the terms of the Transition Plan. be made available to the Authority for its use through a long-term lease or other secure instrument, for transit and transportation purposes. 02.67661.08 20 (ii) RFTA employees shall retain existing employee benefits (e.g., pension plan) or their equivalent. To preserve these existing employee benefits, it may be desirable for existing employees to remain employees of Pitkin County. As such, the Authority could choose to contract with Pitkin County for personnel required to staff and operate the Authority. (iii) Liabilities of hall. to the extent permitted by law be Assumed by and be&2me TheliAhailig of the Authority no later than the end of the RFTA Transition Period to The extent and in the manner provided in the Transition Plan. (iv) The Authority will enter into contracts for transit services provided to the City of Aspen and the City of Glenwood Springs no later than the end of the RFTA Transition Period. Other service contracts, such as the Aspen Skiing Company skier shuttle service contract, will be assigned to the Authority by RFTA by the end of the RFTA Transition Period. (v) Policy-making regarding transit service (e.g., adoption of a revised Transit Development Plan, service changes, and major capital expenditures) shall be the purview of the Authority and RFTA shall not have such policy-making authority as of the date the Authority is formed. Section 8.03. Reorganization of RFRHA. RFRHA will be reorganized in accordance with this Section. During the period from the date the Authority is formed until the reorganization of RFRHA is complete(the"RFRHA Transition Period"): (a) All regional transportation planning functions (excluding access issues), including management of the ongoing Corridor Investment Study, will be transferred to the Authority and the RFRHA Board of Directors will no longer have policy control of these planning functions. (b) The Authority shall have approval rights over the RFRHA annual Operating budget and shall remit Authority funds to RFRHA to meet the obligations in the approved budget. (c) RFRHA will continue to provide access to" administration of and physical maintenance for the Denver Rio Grande Right-of-Way, maintenance of the conservation value of the right-of-way, and pursue construction of a regional trail through the right-of- way. (d) Other financial obligations and assets of RFRHA related to acquisition of the Denver Rio Grande Right-of-Way shall remain with RFRHA unless and until the Denver Rio Grande Right-of Way may be transferred to the Authority. (e) The Denver Rio Grande Right-of-Way shall subject to comnliance with contractual. legal and other reauirements anl2licabl_e thereto. transfer from RFRHA to the Authority, and the reorganization of R€F1Ro! RFRHA will be deemed to be complete, if 02-67662.08 21 and when the Authority notifies RFRHA that the Authority intends to use the right-of- way for an Authorized Transportation Project for which funding is, of is reasonably e*peeted to be, available. has been approved by the voters as rewired by Section 2.02 h=L Section 8.04. Maintenance of Effort. The Authority shall, regardless of the reorganization process, term of the RFTA Transition Period or RFRHA Transition Period or any other event, use its best efforts to assure continuity of existing regional and local transit service and ongoing transportation planning efforts, including, but not limited to,to the following: (a) Continuation of the existing transit services provided by RFTA within the territory of the initial 1II1S18] Members as set forth in RFTA's 2000 budget without any significant change in routes, schedules or equipment during the RFTA Transition Period. (b) Local funding for regional transportation planning, specifically the completion of the Corridor Investment Study, shall be provided by the Authority in an amount needed to complete the same in an expeditious manner in concert with the federal and State sponsors of and participants in the effort. W Funding of trunk service alone un the Brush Creek Road corridor ours I� ant to a contract between the Aut�hgrity and the Town of Snowmass Village. LW Funding of senior van service in Pitkin County and transit service to &02dy Creek and the MUM Bells 12MQuant to a contract between the Authority and Pitkin County for a period of 10 years wi h service provided at the current levels unless Pitkin County agrees to a change in such service. Pitkin County and the City of Aspen (acting iointly) also may decide 10 provide such services directly. If they do so decide. the oaMents to be made by Pitkin County pursuant to Section 7.01(b) hereof as described in that subsection. Section 8.05. Aspen Local Service If the City of Aspen lodging Lx ballot ouestion described in Section 2.Q6 hereof is not approved at the November 7 2000 election and no other local transpprLtion tax is approved by City of Aspen voters by the end of the RFTA Transition Period (defined in Section 8.02 hereofl notwithstanding any other provision hereof: W at the end of the RFTA Transition Period. one-third of RFTA's cash reserves as of thC date lbe, Authority is gMblished shall be transferred to the City of Aspen to fund transit capital replacement costs: WW LW the Authority shall. for a 10-year period from the end of the RFTq Transition Period fund local transit service within the City of Aspen, or nMvide a credit to the City of Aspen against navmentc otherwise due from the City of Aspen under a contract &j1h the Authority on an annual basis in an amount equal to Lhe revenues _ � by _ __I__ . ..O n 085 ......tied jo Rue 1"able mroil sales within the City Pep raleu vv a �QIC� lax lute UI v.vo.�is olivuw •v ••^ �-•�.....� .��.. sale- -_- --- of Aspen during the immediately preceding year. 02-62662.08 22 ARTICLE IX MEMBERS Section 9.01. initial Members. The Members of the Awthefity at the effeefiye date e this AgFeement shall be the Nivnieipaiities and Gaunties listed in the firm PaFQVWh Of thiG Agreement: Initial Members shall be the Initial Signatories whose participation in the Authority is approved at the November 7.2000 election as described in Section 2.05 hereof Section,9.02. Additional Members. The State, acting through the State Transportation Commission, or any County or Municipality or portion thereof which is not an initial 11": Member of the Authority, may become a Member (for purposes of this Section, a "new Member")effective upon vete themon --hie -•-- ela) the adgMi n of a resolution of the Board in accordance with Section 3.09 hereof the effectiveness of which may be conditioned upon compliance by such new Member with any conditions which the Board, in its sole discretion, sees fit to impose; 0q-sueltj,5yGb new Member's with all conditions to its admission as a Member imposed by the Board, (ii) with all conditions to its entering into this Agreement or admission as a Member imposed under the Act or the Intergovernmental Relations. Statute and and execution of this Agreement in accordance with applicable law; and (e) somplianse(c) unless the new Member is the State approval of such new Member's participation in the Authority by the registered voters residing within the territory of the new Member that is to be included in the Boundaries of the Authority: and (d) compliance with any other conditions to the admission of such new Member as a Member or its execution of this Agreement imposed under the Act, the Intergovernmental Relations Statute or other applicable law. 02-67662.08 23 A D 02 \ liT TR♦\ I♦i T ♦ T DI'I.iOV♦i OF MT.NIBERS ♦NY MEMBER EFMCIFFIVE 30 PAYS FT D RECEIPT BV Till` rti♦iD AD RIE SECRETARY C f REMOVED AS A NMP64BER BV :RIE BOARD E"EG:P" UPON TIES ♦ CiD II♦TIVE Y44 OT OF ♦T LEA♦CT 1)A TiliDDS AC'^'_4 WREGTORS TIiL`Li IN N HE By SUCH IAEPABM, UNLESS To VOTE THEREON,NWIRGH RELEASE smAi6L Now BE GP,4N:FED IF 17 WOULD _jL&LLRElWUNLMB16E FOR (B) .d6NV TAXES, FEES, EDT= OR OTHER GiLkRGES WPOSED OR MEMBER'S REM0361rbD SO 16ONG AS ANY BONDS OF T-HE_M1TH0PJTV ARE OU' IF THE WITHDRAWAL OR REMOVAL OF SUCH MEMBER WOULD CAUSE A ARTICLE X TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION Section 10.01. Effective Date. The term of this Agreement shall begin when all the conditions to the establishment of the Authority set forth in Section 2.01 hereof have been satisfied. Section 10.02. Termination. The term of this Agreement shall end when either. (a) ilu the Members agree in writing to terminate this Agreement; provided, however, that this Agreement may not be terminated so long as the Authority has any Bonds outstanding. Section 10.03. Distribution of Assets Upon Termination. Upon termination of this Agreement pursuant to Seetiew40 W Section 10.02 hereof, after payment of all Bonds and other obligations of the Authority, the net assets of the Authority shall be distributed to the parties who are Members at such time in proportion to the sum of(e}tlte(al the amount of cash and the value of property and services contributed by them to the Authority pursuant to Article VI hereof minus the amount of cash and the value of property previously distributed to them by the Authority and " ` the amt of tatter vehiele regisifetio sess nee sib) the amount of Authority taxes or other chgoes (other than fares) paid by their residents to the Authority 02.67662.08 24 pursuant to the Authority's exercise of the powers granted to it pursuant to the Act, with taxes; Yehiele r-egiseelien fees or assessments or other charges paid by residents of areas of Counties which are also located within a Municipality allocated 50% to the County and 50% to the Municipality for such purposes. ARTICLE YRINDEMNIPIC A TION 2U DEF •NRE OF DIRECTORS-OFFICERS,MEMBERS OF ADVISORY COMMITTEES AND EMPLOYEES . The Authority shall indefanify and defend each Director, Officer, member of a an Advisory Committee and employee of the Authority in connection with any claim or actual or threatened suit, action or proceeding (civil, criminal or other, including appeals), in which he or she may be involved in his or her official capacity by reason of his or her being or having been a Director, Officer, member of a Committee or employee of the Authority, or by reason of any action or omission by him or her in such capacity. The Authority shall indemnify dgiosj each Director, Officer, member of a Committee and employee of the Authority against all liability, costs and expenses arising from any such claim, suit or action, except any liability arising from criminal offenses or willful misconduct or gross negligence. The Authority's obligations pursuant to this Article shall be limited to funds of the Authority available for such purpose, including but not necessarily limited to insurance proceeds. The Board may establish specific rules and procedures for the implementation of this Article. ARTICLE XII AMENDMENTS Section 12.01. Amendments Generally. Except as otherwise specifically provided in Sections 12.02 and 12.03 hereof, this Agreement may be amended only by resolution of the Board. Section 12.02. Amendments to Boundaries,Authorized Transportation Projects and Location of Authorized Transportation Projects. Notwithstanding Section 12.01 hereof, (a) Appendix A hereto and the definition of "Boundaries" may be amended (i) by the affirmative vote of two-thirds of the Directors then in office and eligible to vote thereon and(ii)the approval of the Governing Body of each Member, any portion of whose territory is either added to or removed from the Boundaries of the Authority; and (b) the definition of "Authorized Transportation Projects" or the location of Authorized Transportation Projects may be amended by the affirmative vote of two-thirds of the Directors then in office and eligible to vote thereon. For purposes of clause (a) of the preceding sentence, territory of a Member that is a Municipality shall include territory within such Municipality's boundaries or within such Municipality's comprehensive planning area of influence as established as of the date first set forth above, but shall not include any territory which has previously been included within the incorporated boundaries of another Municipality. Section 12.03. Modification of Appendi* 9 codices B-1 thr000h B-6. Notwithstanding any other provision hereof,the spy ballot question attached hereto as Appendix 02-67662.08 25 B-1 through B-6 may be modified by the Peliey-Gemmittee (±ovetning Body of the Initial Signatory reSOOncible for Submitting such ballot uugstion to the voters as provided in Section 2.04 hereof. ARTICLE XIII MISCELLANEOUS Section 13.01. Adoption and Execution of Agreement in Accordance with Law. Each Member. Initial Signatory hereby represents to each other IvlembeF Initial grta� that it has adopted and executed this Agreement in accordance with applicable law. Section 13.02. Parties in Interest. Nothing expressed or implied herein is intended or shall be construed to confer upon any Person other than the Initial Signatories and the Members any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the Initial Signatories annd the Members. Section 13.03. No Personal Liability. No covenant or agreement contained in this Agreement or any resolution or Bylaw issued by the Board shall be deemed to by the covenant or agreement of an elected or appointed official, officer, agent, servant or employee of any Member in his or her individual capacity. Section 13.04. Notices. Except as otherwise provided in this Agreement, all notices, certificates. requests, requisitions or other communications by the Authority, any Member, any Director, any Alternate Director, any Officer or any member of a Committee to any other such person pursuant to this Agreement shall be in writing; shall be sufficiently given and shall be deemed given when actually received, in the case of the Authority and officers of the Authority, at the last address designated by the Authority for such purpose and, in the case of such other persons, at the last address specified by them in writing to the Secretary of the Authority; and, unless a certain number of days is specified, shall be given within a reasonable period of time. Section 13.05. Assignment. None of tht rights or benefits of any Member may be assigned, nor may any of the duties or obligations of any Member be delegated, without the express written consent of all the Members. Section 13.06. Severability. If any clause, provision, subsection, Section or Article of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or enforceability of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions of this Agreement. Section 13.07. Interpretation. Subject only to the express limitations set forth herein, this Agreement shall be liberally :onstrued (a) to permit the Authority and the Members :o exercise all powers that may be exercised by a rural transportation authority pursuant to the Act and by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute; (b) to permit the Members to exercise all powers that may be exercised by them with respect to the subject matter of this Agreement pursuant to the Act, the Intergovernmental Relations Statute and other applicable law; and (c) to permit the Board to exercise all r wers that may be exercised by the board of directors of a rural transportation 02.67662.08 26 authority pursuant to the Act and by the governing body of a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. In the event of any conflict between the Act, the Intergovernmental Relations Statute or any other law with respect to the exercise of any such power, the provision that permits the broadest exercise of the power consistent with the limitations set forth in this Agreement shall control. Section 13.08. Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. Section 13.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement. 02-67662.08 27 1 • \ • 1 • rY •_ • 1 • . • • r • • • • •_ ■• _ I • • • , •_ _ I 1• • • I I oil • • r,. El • • • N \ 1\ Y • 91 1 r _ • 1 1 • _ • \ • • • • • • .1 ON WaS 1 • I. •_ _ _ • • •_ ■ _ • • • r_ N r • Y -• • • • • • • N _ 1• • • ■ _ •_ Now WIN%Timm- WIN • 1 •' 1 • 1 I. • • Y • Y 'All 1.10 Y Q 0A I 1• 1, IVSAMS • 1 _ _ Y 1 Y 1 11. _ - 1 11 . . • • • . _ • • . • , 1 1 1 . 1 1 : 1 • • �• • 1 1 1 1 1 1 : 1 1 1 1 • 1 - 11 11 ' 1 : L - - 11 ' 1 1 - 1 • I I' �G RF. . NT OF ROARING FORK RAI . HOL.DING ACT ORTTY The Roarine Fork Rail Holding ALthority hereby agrees to the nroyisions of Sections 8,01, 8.Q3 and 8,0 of the Roarine Fork Trancnortation Au horny Lnter¢oyem_mental Aereement dated as of September 1. 2000. ROARING FORK RAIL HOLDING AUTHORITY By 02-67662.01, APPENDIKA DEIERMINAIION i ND RIFS OF THE Y. Ot The Inifial Boupdaries of 1 " Authority shall consist L If the 111 ♦ . . U11 - 1 by majority of the voters of thereon 1 November 7. 001 election- all t'111 1r within Piddn County, the AuthoTity r IIII -d by majority of the r yF of the \ of wl1. oo Spfinas votina thereon at the November 1.1.1 clectiom all tenitory .I I 1 the r\ of Glenwood Sorintys and all tenitory subseauently 1 the \ of yl 1.1.1 1 1 1 '6 If 1 " Carbondale Authority • . U • I 11 : 11 1 .11 1 - 1 yF • 1 - 1 of 1/ _ • thereon 1 1 at the ► 1 yn r.y 7. 2000 election- within I - 1 •.n of Carbondale 1 1 all tenitory r subseauently 1 the • .II of Ir.1 1 1 the Authority approved by majority 1 / \ 1 he voters of 1 I County within y 11 orecincts fas defined of I date hereof)i 1 11 I • 1 1 yl-•11 the Novcmber 100 election. e1/ 1 • 1 1 unincoroorated Garfield County election 1 1 1 " r as of the date lylyli I through L If the - 1 1 1 r / 1 1 11 : 1 . 1 \ of the vo .I F / 1 • I of / 1 ' 11 1 JI 1i : _ I: 1 r : 11 as a Member of the Authority at the November 1 1 1 xctiol3. 1/ • • 1 1 the Town of and 1 < y 11 1 • subseguently 1 1 ' - r / the 1 1 of Basal _ 1_' 1 1 1 ._ / r 1 n •. / / 1 1 - voters 1 1 1 / L. e: - 1 Eagl 1 1 1 1 1 1 - 1. - _...(as defined as of 1 - date 1 y 1:.1 i and r 1 1 ' thereon at 1 " Ngverabgr 7. _OQ gIgglign, all terzitory within unincorporated Eagle County election I2recincls (as dcfined as of be dale hereof) 7. 8. 24 and 25, I \ I 9:1 Met OVAIJ MIN IN 3111 AIM I'M PIDMAN milli 011filw. Ig -- - SEEM" I 21• use= Mal I see ve 2 It cam I • • : ; • : ; 1\ • : . r: : \ ' • ; • \ 1• • : 11 ; 1 1 1\ Imall Rol lip A , 1jv MAXOR Like), Az I • Y. I e • ♦ ./. • ; ' /I a r.l r - - . : - \ \ • \/ : Owerl Mr• ►11 : mark,'11• ' 11. 1► 1 � : : ► • I► C : • ►11 : : ►I1 r. . � . _• � . : • : ;• 1 • • 1. r . 11. 1. r • ♦ : • 1:4 R-51=41933300 Kobe BOTIMOS 1:1 11W.61WO R11 : . 1 • 1: � 1 • : : DID 1 • : • 1 1: . . ; z I DIUM : . NATA 1 ON 1:1.41,7163 mall m• • �. . i. o : : u. r. J. I. • : ' • : : r r • r.I I. r • : \lu . I 1 • ; . 1 1; . . ; .11 /1 1 ■ : • . • i • 1 • ; r. 1; ' • • ; • 111► rrl - • ; • : • C • : ►lu ► ; ua►Y u • ► 14410 1 1 • • Igo I a RKWATJ IN 06.1 • . • 161:1113 ; • u wl •)q lKST.3 I. wole 1 . • • 1 • ; 1 : VI : ; : • .11 : . . r. L : : : .1• • ; • ; : r 1 - - --- - -- r. 1. • . • ; i. : .0 MOINOTA-Moome 111111111111111111111111111 11111111 C Mlill'Xill"Mil atom I ITMISMA ; ►lul . . • • .• I� r . • u I. •_ • h 14 WI. LouNK7.611 M WM. .Ir OW U • - • • py • yr r. _ �. 1. • : ' • : : r • - -- - - - • ; • u MIME : .1• M . • • a I Wil 0 a • • • 1\ • • . • • V s)mej U ' I • \ Vol • IMME • ; • ; I. r. • r•I IV I 1 . . • . 1. : : : .0 r. �. 1. • ; • • ; : r • • • r• I. r ; • / ; .�u .r APPENDIX C RECIONAL TRANSITS .RVI S Tha jjjbQrilv haP use its bey* gf rjs uo nrnvide the_fnllnwine Regional Transit Seaigg "Tansit service will be available at least every 30 minutes year-round in every community in the Roaring Fork Valley. Service will be provided every 15 minutes between El Jebel. Aspen, and Snowmass Village during winter peak hours. :at' aL 'ee uo the Brush Creek Road corridor and onto Hivhwav 133. i. yen n ic: will be provided between Rifle and Glenwood Springs every how 5:30 a.m. unti`. ^:^zu }•.;n.: exery two hours until midnight. Service between Rifle and Glenwood Springs will be provided every two hours from 6:30 a.m. until 6:30 p.m. weekends. Implementation of the new service plan will begin with an amended Transit Development Plan that will be adopted during 2001. Service improvements will be achieved on a phased basis. ::s neressar, new equipment and staff(drivers) can be deployed. It is estimated that this m-o;ess sir;;:. ra!< ' 1. months from date the Authority is formed. As such, the service improvemc:r,s wa.. n__ia: .rior to full transition of RFTA to the Authority. 02fi7W>7.u� APPENDIX f11 'HALE FOR DIFFERENC-B IN INITI la UTHODlTY SAL" T RATES 12 PAVMF.VT4 TO PIT iN O iNTY WITH RESPECT TO tIUTSTANDIN . PITKIN COUNTY BONDS PAYABi E FROM PITKI'� coil TRA"SPORTATION S L .4 ND USE TAXES Yku EduldRal Tout Interest Debt Servim. �Q 1;1IN 269-977.50 540.000 245.465"00 785"465.00 ZW4 218-620'00 1 59 189,762.50 784.762.50 620.000 158"495.00 778.495.00 �I 205.000 89.667.50 294.667.50 79M5.00 299,225.00 67.897.50 297.897.50 1 40.00Q 55.897.50 295.897.50 f_ lam_ 43.215.00 293.215.00 294.840.00 15,515.00 300.515.00 Tc;als ; 1.881.880.00 7.551.880.00 02.67662.01 APPE�NDIXiE RATIONALE FOR DIEEE ENT FUNDIN('._I•F.VRI•S EROM DIEEERE.NT AREAS 1. The differences in v Plc within the Initial Boundaries of Lhe Authority are based on differential services and/or benefits derived from transportation services to be provided by the Authority. 3 The diferential fetes finding levels result in 65 percent of the revenues required to suppon regional u•ansit services being derived from the upper valley jurisdictions. The rationale for the hian2r aercentage of Authority revenue being derived from the upper valley communid�-s in`.iudeS :ne following considerations: (a) A proportionately larger amount of travel demand is caused by employment concentrations in the upper valley. (b) Due to higher service demands, transit service frequencies are presently higi;er in fne upper a+tte . c) Tre upper valley jurisdictions experience traffic congestion during peak periods and have introduced travel demand management programs (e.g., paid parking) to help ir.anage this congestion resulting in higher transit demand. Transit service to be provided by the ,.utnority preserves mobility that could be affected by these programs. T'rte concentration of visitor-serving businesses in the upper valley ur::;diciicn;s =mfr <L the largest portion of the regional sales tax base. ...Le :,; ,her ;nitiel 5,utheFity Sales Tax Rate in she Twmn ef Basalt is based on a ,... .�.e ......,t,:nn.t a„rhnriry and Eagle rnLnty tax rates in of the Town of Basalt located to Eagle County and ied r_ Pd ritkin county tax rates in the nortion of the Town of 211auJ20JU the comh b= C'„ tae cost of providing regional transit to the Town of Basalt,AHeh 4�id and lower valley Jaiisdietie"S, and th Tax rate i�iai js esti+fta N- r : _ +: i=:;; and unincorporated Eagle County. the percentage of Authority revenue being derived from the mid- and lower-.,alie.��. :n�iscii::<ii,a includes the following: service provides access to jobs a*d cc�,h�ls- shopping WW ec> r e .�5:o do not own automobiles or choose not to drive. h c:a sre being extended to the lower valley jurisdictions, including service ctc:.r .i: o;- ” or iu provide transit service to the jobs and shopping centers located in the Ca• c atpro%.:n:en, to transit services is a cost-effective way to manage traffic congestion in the City mid- and lower-vallev iurisdictions. (d) Tire predominant amount of regional growth is occurring in the mid- and lower vallev jurisdictions: this residential and commercial growth is causing increases in travel demand within the lower valley and related congestion that can be mitigated, in part, through provision of transit services. T w y 4 A�Tl,�y-\A \'TC TO piwlpi l G444T* 11riTL MSPE `T TOPFIXpi 2002 �W-900'1'TS'ft 2694)7;.50 *,465.90 785,466.00 2004 565,00(d 2!9-620.00 2095 595,900 M-2.59 2006 62 — — . . _. — , 9AA'� Lam_ _ 220.00( —Q122-5.00 .. , , s 9M�� -- '1'1' AZ 11[ A — 11[ M -91Z�Aw 29,849.44'. 94 .40 ;,u 2„8c 000 13,313 99 300,515.00 T••••,,�-- Regional transit services provide access to economic and emplovmert o nails for many do\�m-vallev residents ,,,H^ sRggd *her eamings in down- gnu _ - - - - vallev 02-67W2.0,, E-2 APPENDIX F INITI CAPITAI. PROGRAM n t ' tst!I • npt t `P "1 'I►l:P: I AND ? ' IM;1"I'1? (►! N►'.'1 11f)IN l► PR(Wi'F:I►4 RF:OIIIRFI� M01 "27' IOIAL . te1 ;� Rt' S '• ;7r 1;`;;'1"I\' ►'I:R t�^;1"f A1110UN"I' to I I F 5 11! ` ' �?.0 ,I 11 ti ' I '•:I',I IM 1261 A 1211'1 V I.P•,11 N I '-4 1, 3611.11011 $ 7,200,00) doinn- I IR^ ! i 114116 WO IL L4tilKVUI. IPII'kuV'I.M1-.N1S 17 -..— $ 300,1100 _ $ 5,100,000 ItOWN VAI IJ ^IMN 11 NAN( 1, 1 M I1,111' 111'6RA01- i $ � 100,000 S 2,100,000 " 111' VAI I1,l N1AIN11!NAN( 1 1-A( 11,11Y UPGRADE, I $ 700,000 $ 700,000 _ -- -- PARK & RIDL I ACIH IY I1IGI IWAY 82 1 S 500,000 $ 500,000 PARK & RII 14x'1, X11,,- FiCILITY I-70 I $ 500,000 $ 500,000 EMPLOYEE I IOUSING_ _ _ 15-20 UNITS I $3,000,000 S 3,000,000 EQUIPMENT/VEIIICLES SNOWPLOWS/MAINTENANCE N/A $ 500,0(10 $ 500,000 V LI IICLES BUS STOP IMPROVEMENTS HIGHWAY 82 EL 1EBEL-GLENWOOD 20 S 25,000 $ 500,000 TRANSIT CENTER GLENWOOD SPRINGS 1 $2,000,000 S 2,000,000 TOTAL 10-YEAR CAPITAL BUDGET N/A N/A N/A $ 22,100,000 ASSUMED FTA CAPITAL GRANTS ANNUAL FTA GRANT FUNDING 10 1,100,000 _1(1 1,000,OD0 Section 2. ESTIMATED NET BOND N/A N/A N/A $ 11,100,000 PROCEEDS REQUIRED 02-67662.09 p '10 is e ; a PO HO i �RA �IER PA�k�y' o�` Wi- WN Zp Q 7 OZ Li RAS Y z ra-d 2,, 7 3• b, PROPOSBD ��- AVDITION i I mom s EXISTING CONDITIONS SITE PLAN AO.O1� I . I I� I ' POOL PUMP I I I STORAGE �I 1, LOCKER LROOM 0 ROOM � ---------------- ------------- III III � III 'I III %6E/ POOL BOILER __ N < N Q Ud TORAGE �, � I � / 1 % 11 A0.1 I A l l t ri 1 9 F s --- 3 3 U � w ----------- -------- Ell..fQt-K _w.eac - Y t3R DOSr�G StONME1tP9r1 I i � �� I ' r --------- ------ a, � omns aruwc� _eev.� , O TA W4' Z'-77/1• H 9 Y e oma AODMQN FOUPOAMN PLAN ��. xxe.v4•.rc• / ' � � F 71'-77/4' t412'I 5'-0' r yr' 5'-4V4' 1'{7M1'{7M' Ej t= r� _ _ ___ __ 4niuwJ - Mn WP � p' - rIDM Ma!®p� IT M10®M � ,t 1 r _ Via• / S �Pe . i 9 I V4• I• i• BO w' r 7M' -54 V4' I' COffia uYYi1oN FLOOR PLAN z4as.w•.ro• i' •'ve�mamom ® 4 i—yam � Q >ko me _ turns rvusm. .b.MUS Oacw r 3 OFFICE ACX)MM ROOF PLAN �' I ara w.ro v 4 K/ia w•.r4 LMMK ----- • f0 V __ nas om� - . .� i----------- 'AMM �rrwus �mntoN•POOL BEVA7fOti 1t I f� i I r. '10 5 8 T 6 , h /4 B HO t ln�RA-��2 p� a� so � oz RAS'- x W < as 20 W� 21 U ip r-- k AV / / 132 .36 PROPOSED ADD1?ION • ,' i I e • i lO r r� N EXISTING CONDITIONS SIT ALA A0.01 i - I L POOL PUMP i STORAGE r MEN'S YiOMET'- LOOKER LOCKER ROOM ° ROOM _ - --- -------- hll 5TORA5E/ OFFICE POOL BOILER II i i 1 , OFFIG= O ~ III i GL. I I O U_. i ,TORA6E I � 11 r► A0.1 5o�rt .aer.s .. ` ---------- eraRr,ae 4;_______ � 4 P[10�HC11IQ MMOLTION PLAN ��, zrat. w•.ro• I � IDOL li �� -� � � � e•mo wer tiu STOKW w rt+rrt w.u.s i pow ors m Room MMem ---------------- .m P. a -----'----- — -liT NEK P006 110CH r f) ::- _ : - ---------- s a - --------- ------ OFFI(� '_,T10N PLAN 'D 1 _AL!. •.iawe.�ns- •�av mac e+es I y y, • eaa..0 rv.:-+c4.m - - --------•� -+ -�,.� �-iww.c�v. • -\ 4 P r � -- - 3w t4 , I S'•4 V.' 1' i• 6'O^w' I' 5•4 V4 I' yM• C (1FfY'F AMrtI(1N RDOR PLAN �" ~u.u.w•.i.Q. 6 % El �wTM wv -� �a•mi a°F �� wsn�vus�6o. ro.wu�etw _-4 r ✓ r a. A1.1 "'. rrflc"F �nrmw ROOF PLAN �' � 3 ~w.ae.uv.rc• ;.;. �• mweoe� rcwae�N r.�esew - _-_._..__.__.._m-........a__..� - 3 W1i W.M' �♦Q MRS__ — YN�Vf /� - - - - _ ------------ - - I i i� mmoj� A110K 1 K„a,,..w 1t V� A2.1.1