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03-18-19 Town Council PacketTown Council Monday, March 18, 2019 4:00 PM 130 Kearns Road Council Chambers Agenda 1.CALL TO ORDER - Mayor Butler called to order the Regular Meeting of the Snowmass Village Town Council 2.ROLL CALL 3.PROCLAMATIONS AND PRESENTATIONS 3.A.Owen Green Remembrance Owen's Remembrance Page 4 4.PUBLIC COMMENT - This section is set aside for the Town Council to LISTEN to comments by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. (Five Minute Time Limit) 5.CONSENT AGENDA - These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. 1 Town Council Page - 2 5.A.DRAFT AGENDAS Draft Agendas Page 11 5.B.MINUTES FOR APPROVAL 02-18-19 Minutes for Approval Page 14 5.C.RESOLUTION NO. 24, SERIES OF 2019 - A RESOLUTION DESIGNATING THE HIGH IMPACT EVENT CALENDAR IN ACCORDANCE WITH THE MUNICIPAL CODE CONSTRUCTION MANAGEMENT STANDARDS AND REGULATIONS Agenda Summary Reso 23 - Special Events Page 20 Reso 23 - Special Events Page 22 6.POLICY/LEGISLATIVE PUBLIC HEARINGS 6.A.ORDINANCE NO. 2, SERIES OF 2019-SECOND READING OF AN ORDINANCE AMENDING THE 2019 BUDGET FOR THE GENERAL FUND, RETT FUND, ROAD FUND, MARKETING FUND, CAPITAL EQUIPMENT RESERVE FUND, POST GRANT FUND AND THE CAPITAL IMPROVEMENT PROJECT FUND FOR THE TOWN OF SNOWMASS VILLAGE. Agenda Summary Ord 02 - Budget Page 22 Ord 02 - Budget Page 27 2018 year end and 2019 Budget Page 30 6.B.SECOND READING OF ORDINANCE 04, SERIES OF 2019 - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO AMENDING THE SNOWMASS VILLAGE MUNICIPAL CODE TO RAISE THE MINIMUM AGE FOR THE PURCHASE, POSSESSION AND CONSUMPTION OF TOBACCO PRODUCTS AND TO ESTABLISH THE MINIMUM AGE FOR THE PURCHASE, POSSESSION AND CONSUMPTION OF ELECTRONIC SMOKING DEVICES AND RELATED SUBSTANCES BY ADDING CHAPTER 9, ARTICLE 2 TO THE MUNICIPAL CODE Agenda Summary Ord 04 Page 46 Ord 04 - Purchase Tobacco 21 Page 47 6.C.SECOND READING - ORDINANCE NO. 03, SERIES OF 2019 - AN ORDINANCE AMENDING THE SNOWMASS VILLAGE MUNICIPAL CODE TO ALLOW STATE OF COLORADO LICENSED RETAIL MARIJUANA ESTABLISHMENTS TO EXIST AND OPERATE IN THE TOWN OF SNOWMASS VILLAGE IN ACCORDANCE WITH STATE OF COLORADO LAWS AND REGULATIONS AND IN ACCORDANCE WITH TOWN OF SNOWMASS VILLAGE LOCAL LICENSING REQUIREMENTS,2 Town Council Page - 3 REGULATIONS AND OTHER RESTRICTIONS Agenda Summary Ord 3 - MJ Page 56 Ord 03 - MJ Page 57. 7.ADMINISTRATIVE REPORTS 7.A.EOTC Agenda and Preparation Meeting Agenda Summary EOTC Page 69 AIS Intro EOTC Page 71 EOTC Packet March 21 Page 73 7.B.UPDATE ON OWL CREEK AND BRUSH CREEK ROUNDABOUT DESIGN Owl Creek Road and Brush Creek Page 114 7.C.RESOLUTION NO. 24, SERIES OF 2019 - A RESOLUTION AUTHORIZING THE ENTRANCE INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF SNOWMASS VILLAGE AND PITKIN COUNTY FOR THE COLLECTION OF USE TAX BY THE SNOWMASS COMMUNITY DEVELOPMENT DEPARTMENT FOR REMITTANCE BY THE SNOWMASS FINANCE DEPARTMENT TO PITKIN COUNTY Agenda Summary Reso 24 Page 117 Reso 24 - IGA Use Tax Page 120 IGA Use Tax Page 122 8.TOWN COUNCIL REPORTS AND ACTIONS - Reports and Updates 9.ADJOURNMENT 3 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: Month 18, 2019 AGENDA ITEM: Owen Green Remembrance PRESENTED BY: Rose Abello, Tourism Director BACKGROUND: Rose Abello will be presenting a remembrance of Owen Green. 03-18-19 TC PAcket Page 4 of 126 4 OWEN TUCKER GREEN May 9, 1991 – February 16, 2019 03-18-19 TC PAcket Page 5 of 126 5 Owen was a beloved son, brother, colleague, teammate and friend, with a heart as big as the mountains he loved. His smile, laugh, and kind heart will be missed by all who knew him. A few thoughts from the Snowmass Community: I just wanted to reach out on behalf of all of us here at the radio station to express our condolences. I only met Owen once but my memory is of a very bright young man with a big smile. We are very sorry for your loss. — Kate Campise & the Always Mountain Time Network team I had the great honor of working with Owen in Snowmass. I am the Director of Sales at one of the lodging properties that he was selling and promoting in his role at Snowmass Tourism. Owen was one of the happiest, most helpful, kind, passionate people that I have ever had the pleasure of knowing. His enthusiasm and positive attitude was contagious. I had just told the team at Snowmass Tourism what a positive impact he was making on our operation by partnering with our groups and sales team. I had gotten several emails from clients recently telling me that he made their trip wonderful by being onsite and helping to answer questions and share his excitement and passion for skiing and Snowmass! He emailed me a couple of weeks ago with this attached photo of him with one of the Skimeisters ski club members. He was so excited and happy that he got to meet this Snowmass legend George Nelson who is responsible for the construction of Brush Creek Road leading to Snowmass. “So cool”, he said! Owen had a can do attitude about everything and approached everyone and everything with a smile. I always looked forward to talking to him and seeing him, you raised a wonderful man. He was one of a kind and I am going to miss him very much. — Jodi Church, Destination Snowmass Owen was one of the kindest people I have ever met. His zest for life was unparalleled and there was never a day I saw him without his big smile. I treasured the conversations I had with him, especially those about life, and I am so proud of him that he always had this sunny outlook on whatever he was doing or planning to do next. Adventure is a state of mind and spirit and that was so Owen. “Adventure” for Owen was a new ski group, skinning up the mountain, going fishing that is what saddens me the most…that he lost his opportunity to continue to grow and thrive in life at such a young age. He was an all-around great human being, which I believe is a rarity in this day and age and I will miss him. — Shaun Cagley, Crestwood Condominiums I’m so sorry to hear about Owen. Owen was so kind to me during the HB weekend as I was struggling on the ropes course. He was so personable & shared his story with me about moving to Aspen, his family coming to visit, being on the list for the condo housing there, lacrosse, etc. I pray for God to give you all comfort & peace during this time of grieving. Again, I’m sorry for your loss. — Ann Campagna, guest on FAM trip So deeply sorry for your loss. I can’t believe how everyone was singing his praise just last week at the group advisory meeting. Sending everyone touched by him love. — KT Bell, Snowmass Mountain Lodging I know the Snowmass Tourism team is a family and you must all be devastated by what’s happened. I’m so, so very sorry. Owen was a gem and it was always a pleasure to spend time with him - as with the rest of you - when we were in town. — Lisa Bruns, Vladimir Jones I am still in somewhat disbelief to be honest. It is really hard to believe Owen won’t be able to fulfill his life’s potential, which he was well on his way in my opinion. His positive attitude and drive to learn, discover and do new things is a recipe for success both personally and professionally. I wish he was granted another opportunity to continue to thrive and I think and exploring in the mountains, learning to give a presentation; really, you name it and Owen would treat any new endeavor with his incredible sense of adventure, ready to master and conquer it. With a big smile on his face! My favorite memories of Owen were when I called him to help me pull my car out of the snowbank. I called him at the office and told him I needed rescue because I had gotten the Fiat stuck in a snowbank while trying to take the “perfect” picture. He laughed and sure enough, 15 minutes later he showed up to the rescue. I showed him how to find the reverse and first gear in the Fiat and how to use the clutch to rock the car, and needless to say, 10 minutes later we freed the car. A few weeks later I could return the favor when he had lost his cell phone in the middle of the Buttermilk intersection on 82 during a snow storm. Go Owen!!!! Equipped with a broom (god only knows why he had one in his car) and my cell phone we ventured to the rather busy intersection in the middle of the friggin snow storm, him sweeping the road and me walking behind him, calling his cell phone, trying to make it ring and locating it that way. We gave up after 20 minutes, frozen, and I am pretty sure we entertained a slurry of motorists who passed us wondering what the heck we were doing. Sure looked like some weird game of curling. Starting my sales position almost at the same time as Owen and learning the tricks of the trade together, going on site tours and meetings with him, traveling to our first event, the Destination Colorado Vail customer appreciation event, practicing for our first presentations and prospecting calls, got me very close to him and if I ever would have had a little brother, he would have been just like Owen. As young as he was, he made a huge impact; something I will never forget. —Friederike French, Snowmass Tourism 03-18-19 TC PAcket Page 6 of 126 6 I want to personally extend our deepest sympathies during this time. As you well said, we lost one of the good ones. It was just Thursday that I was talking to him about this group we were working on together; that I am still in disbelief of the sad news. I am honored to have been able to work closely with him this past year. His enthusiasm, lively personality and passion are great memories that I will be taking with me. — Jennifer Gil, Snowmass Lodging Company He was amazing to work with. He and I had lunch not too long ago and had huge plans to team up for MTS. He was so unbelievably excited to go. I don’t have the words, but you are 100% correct. We absolutely lost one of the good ones. Truly heartbreaking. — Noelle Gunn, Timberline Condominiums My heart breaks for your team and all who knew Owen. He was a kind and caring man – such a gentle person. Please know our thoughts are with you and all Owen’s family and friends. — Sue Hyde, East West Partners Owen was such a positive young man in all my interactions, it’s truly shocking that he is no longer with us. In his role as a lacrosse coach, he was a mentor to my son Wyatt and had a profound impact on his development as a player during the fall season. Wyatt has pledged the upcoming lacrosse season to Owen and Mike who were such a strong community players in every sense of the word. — Christian Knapp, Aspen Skiing Company Words cannot adequately express how terribly sorry I am for your loss. I’m truly stunned and so sad. Owen was such an incredible man. Kind, patient, giving, eager to learn ... I could go on and on. This world just lost a gift from God. Know that my thoughts and prayers are with you both, the Snowmass Tourism office and his family. — Nicole Kubitza, Westin Snowmass My heart goes out to you and your team. I’m sure you all are stunned by Owen’s sudden passing. His energy and excitement for Snowmass was palpable and it is truly a loss for our community. — Sarah Reynolds Lasser, Aspen Chamber I wanted to offer my condolences about the loss of Owen. I am so sorry to hear about his death. — Daniel McCasky, Lakewood Chief of Police There are no words to describe how our Team feels. Owen was so helpful planning the FAM. I understand you are all so close like Family and that is exactly how the Prestige Family works also. — Karen Madlock, Prestige Owen was indeed one of the great ones! Always a smile on his face and held such a positive outlook on life. I think we can all take something from his amazing attitude towards life and adventures. He was always so willing to help and tried to make life easier for the recipient. When he got promoted he was so excited to be living his dream and passion through his work. I am deeply saddened by this news and know that you are all in my thoughts and prayers. — Joanna Mallory, The Snowmass Club Sorry does not even begin to explain how I feel for you and your team. I am deeply saddened from the news of Owen and my heart goes out to all of you and his friends and family. Owen was an amazing person and I’m so honored and proud to have worked with him the little I did. I am so incredibly sorry for your loss. Everyone is in my prayers. — Stewart Mann, Limelight Snowmass 03-18-19 TC PAcket Page 7 of 126 7 To say that we are all shocked and saddened by what happened to Owen is an understatement. He was very passionate about the challenge of his new position and willing to do all to do the hard work to make it happen. He took the time this season to go to as many ski club welcome events as he could fit into his schedule, making the clubs feel welcome upon their arrival. Now that’s determination and drive! — Mary E Manning, Aspen Skiing Company Owen had a caring soul, a loving heart and a thought he shared with the world. His smile lit up the world. Now he looks down on the world and remembers how much fun he had with us. He helped us and we helped him. We still help him forever. — Charlotte McNellis, Virginia’s daughter, age 7 Owen Green will always be remembered as an outstanding individual. The way he entered a room and displayed how he was going to positively tackle the day was priceless. The way he lived his life personally and professionally was so inspiring. I was so incredibly proud to witness his professional growth in the workplace and his amazing ways to find a way to succeed. I learned many things from him and will never forget. Let your bright light shine on. — Michelle Miller, Snowmass Tourism Just wanted to let you know how sorry all of us here at TMRC are for the loss of Owen. It’s such a shock and hard to even process. He was one of the most genuinely good guys in this town. Words are inadequate at a time like this, however, please know that we’re sending all of our love. — Dani Myers & The Myers Roberts Collective team My heart goes out to you and the entire Tourism team. I completely agree Owen was one of the good guys. I very much enjoyed working with him and watching him grow in his career. He was fortunate to have been surrounded with a supportive and caring team which you put together. — John Quigley, Viceroy Snowmass Owen was TNT DYNOMITE! He made such a positive impression and lifted the room with his presence. — Inga Richter, Prestige I will never forget that Owen was the very first person from Snowmass Tourism to reach out to me when I starting working at Anderson Ranch Arts Center last year. His enthusiasm, energy and giant smile will be deeply missed. On behalf of his Snowmass neighbors, we are so sad to lose him and wish light and love to his family and friends. — Katherine Roberts, Anderson Ranch Arts Center Owen Green, you deserve to be remembered in the same thought as something so beautiful and pure. I will think of you always at my favorite time of day, and hope that wherever you are, the music is loud and the fishing is good. — Sara Stookey Sanchez, Snowmass Tourism He was such a ray of light and we so enjoyed all he did for and during the fam, we were lucky to get to know him during that time, and I know he will be so missed by his Snowmass family as you are all so tightknit, and of course his family and friends. Please know my prayers and love go out to you all and his family. This loss I know will be felt by so many and the grieving will be a long process. Sending you a hug as well, and know we are grieving for you all! — Deanna Sandstrom, Prestige We are all so sorry about Owen. We enjoyed working with him very much. We lost our manager 3 years ago to cancer and I have to say we are still not over it. It is a very difficult time for everyone. When you work with someone closely every day it is hard to get over it. — Pam & the entire Stonebridge Condominium staff The SkiMeisters are an over 55+ski club hailing from Winter Park, Colorado. We do one away ski trip per year and this year our trip was to Snowmass from Feb 3-8th. We had 106 SkiMeisters on our trip and everyone had nothing but positives to say about everything and everyone involved including Owen. We had been planning this trip for nearly a year and made contact with Owen back in September and stayed in close communication all the way until our trip. He was so accommodating and offered to help us in any way he could to make sure we had all of the information we needed to orchestrate a perfect trip. He came to our welcome reception to share Snowmass information for the group. Because we all connected with Owen so quickly and easily, and because of his enthusiasm at our reception and how he went over the top to share his knowledge, we invited him back to share in our celebration dinner at the end of our trip. He sat with us at the committee table and we all thoroughly enjoyed learning about his personal life, his family, his work and his passions in life. Why did Owen connect with all of us seniors so well? He believed in living life to the fullest and embraced our active lifestyle. The thing that set Owen apart was that he treated us like friends not customers. He was such a refreshing and fun-loving person that we all genuinely connected with him immediately and all feel a deep sense of loss. We will be sending a group photo from our last nights dinner with Owen and the SkiMeisters committee who worked closely with him for your book. We want to express our deepest sympathy and heartfelt sorrow for your loss. We are all very saddened and shocked but grateful that he came into our lives even for a short time. He will truly be missed. Best Regards, The SkiMeister Committee SkiMeisters Celebration Dinner - Feb. 7, 2019 03-18-19 TC PAcket Page 8 of 126 8 I would like to convey how sorry I am in the loss of your co-worker Owen. I can appreciate how hard it is, and hope all of your thoughts are about all the good times he brought to your lives. — Mike Sura, Tourism Board member I only knew Owen from the Snowmass events, but he remembered my name from the day I met him a couple years ago and we always had great conversations. I think that is probably similar to many people’s experience knowing Owen. Truly a great character. My heart breaks for Owen’s family and for the community, the loss of his life is another reminder that we cannot take any second on this planet for granted. — Zachary Thormann, Aspen Sports Owen was an invaluable contributor to the group sales efforts of our team at the Viceroy. From the moment he transitioned from marketing to group sales (which was right around the time when the Snowmass re-branding was taking place) and I started working with him, he exemplified everything that Snowmass wanted to be…. Fresh, new, excited, energetic, eager to please, ready to welcome and delighted to share the experience we are all so proud to be a part of. We will miss him dearly. — Sam Torgerson, Viceroy Snowmass I’m so very sad to learn of Owen’s tragic passing. He was so enthusiastic to be living in the valley and getting to promote it as his job. My heart is heavy for your entire team. — Eliza Voss, Aspen Chamber I will really miss Owen. We met when as a new employee of the Town, Owen organized an early season tour of properties in Snowmass Village. It was a great way to meet colleagues in the lodging community, and to see what we offer to visitors -- services as well as physical surroundings. We traipsed up and down stairs together, experiencing what it was like for the guests while chatting with others in our “industry”. Thanks to Owen, the day was meaningful and successful. Owen believed in the experiences our resort offers. His input, including creative print and web marketing, was invaluable. Owen personally visited the places he promoted so that he could understand the attributes and accurately represent the amenities and properties to travelers. I valued that I could rely on Owen: a person with integrity. He delivered what he promised…. and more. Owen kept track of things, and that quality made encounters with him and others pleasurable because the “details” were coordinated in advance. We could focus on human interactions during our times together, truly interested in conversation and laughter and our enthusiasm for shared goals (most of these goals were eventually realized). He was soooo excited to be working with AHS students! Another one of Owen’s many abilities was to share his passion for the sport he loved, and make it a priority in his active life. Just last week, Owen and I were cooperating together on something for the coming summer. His work will continue, but not in the same spirit that he brought to us. He is missed, and his absence is -- and will be -- felt. — Lisa Wilkinson, Woodrun V Really, he loved life, loved Kali, and loved his family and hers. We don’t know what we will do without him, but it just won’t be the same. 03-18-19 TC PAcket Page 9 of 126 9 Remarks from Snowmass Tourism at Memorial Service Feb 22, 2019 It is truly an honor to be here today, my name is Rose Abello and I lead the Tourism Team in Snowmass. And, although I might be the one delivering these remarks, my words here today are on behalf of all of us at Snowmass Tourism and the larger Town of Snowmass Village team. I am going to focus on Owen today, but first we want to express our deepest, heart-felt sympathies to Mike’s friends and loved ones as well. Owen’s zest for life was unparalleled and there was never a day we saw him without his big smile. Today, we are surrounded by those he touched: friends that he went skiing and fishing and mountaineering with, friends he went to concerts with, friends he celebrated birthdays and weddings with, teammates and players that he knew through his love of lacrosse. Owen’s family who he loved, the Kopf family who embraced him as their own, Kali who he simply adored; Over the years, we heard many stories of the great times he shared with you. He was well-loved and in love. I want to share with you a bit of what Owen meant to our Tourism team and our community. It’s important to those of us who worked with him to make sure that you all know what a strong and dedicated professional Owen was. And, he demonstrated that from the moment he and I met. Owen made an indelible first impression on me. I have interviewed many people over the course of my career and I often finish an interview with a softball question like ‘so do you have anything else you want to make sure to say...’ Most people look at their lap and offer up some version of ‘no’. Not Owen -- he immediately thanked me for that opportunity and proceeded to enumerate the five reasons we should hire him. Wow. Right? Owen was the epitome of a team player: he brought his athletic perspective to the workplace, always wanting to understand his strengths and weaknesses, identifying his goals and pushing himself. Like all things he did, professionally he was determined, focused and on a path to success. We are all so glad that at our staff meeting last week -- the one that would be his last – that we made a huge deal about the high praise Owen had received from our lodging community about his hard work and his many successes in his sales position. And, remember, we work for the government, so we don’t receive a lot of compliments… I was so very proud of him. At the staff meeting we all applauded, high fived and otherwise fawned over him. Afterwards, he was so happy and he said to our colleague Freddie, ‘that’s winning, isn’t it great!’ Our office has an open concept and we all loved to hear Owen on the phone…his calm demeanor, charm & southern Ma’ams could accomplish just about anything with anybody. He was also a friend -- a dear friend -- to many of us in the office. He brightened our mornings when he walked in with his signature “hey O” • Training and strategizing about the Grand Traverse on early morning skins up the mountain with Erin, Julie and Kathy • talking with Maria about his financial future – to prepare for life, a home, a family • Asking ‘hey Virginia, you got a minute’ then promptly pulling out his orderly, itemized, bullet-pointed list -- which by the way always took more than a minute. • Gently teasing Keisha about her singing at her desk – did she have a karaoke machine over there? • Tapping into Michelle’s expertise with the database to make sure he had it right • Looking up to Jim as a mentor in all things sales ranging from how best to follow up with a client to what shoes to wear to a trade show (as an aside, he really loved those top siders that he had had since high school? or were they from middle school?) • Pinch hitting for Sue on salamander duty, becoming an expert with mealworms and huge tweezers • Passionately discussing climbing with Sara – and favorite mountaineering books like “Into Thin Air” and “No Shortcuts to the Top” by Ed Viesturs – Just before going up Rainier, Owen got a welcome email from the guiding company. When Owen realized the email was from Ed Viesturs himself – he almost fell out of his chair. • Getting ski tips from Jon – what gear to get and where to buy it, techniques for making the cross over back from snowboarding. • Making the very most of his weekly one-on-ones with Mark – always prepared for a meeting, always eager to learn. Wanting not just an answer but a thorough understanding of the whys • Being besties with Freddie as they jumped into the sales world together, collaborating, sharing, growing, learning… And, Owen was game to be part of any team activity, no matter how far out of his comfort zone – attending his first ever baby shower, learning to ski bike on a whim, and making his famous chicken pot pie to deliver to a colleague in need. His zest for winning took on a whole new dimension last month as he worked harder than anyone to defend Tourism’s Gay Ski Week Parade title – surrounded by a posse of Madonnas, in rehearsals he made sure we were all in synch to improve our odds of winning. We won, by the way, beating out Kali’s team, the Silver Queens, sorry about that Little Nell… Owen was always available to lend a hand – need to transport a canoe, deliver cookies for an event, pull a car out of a snowbank, Owen was there. A note about cars, Owen loved his Infinity…it has this fancy feature that instantaneously shows the miles per gallon – Owen had perfected his commute, maximizing his fuel economy by driving to Snowmass on Owl Creek, but literally coasting down Brush Creek till 82 where that he could get at least 80-90 mpg on that stretch! The outpouring of love and support from the Snowmass community has been astounding, because everyone loved Owen, and they know how much we loved Owen. I speak for all of my colleagues when I say, we were so proud of Owen – he was thriving in every area of his life – family, love, athleticism and work. Professionally, Owen was a rising star we all admired. Knowing Owen made our lives better. I will close with this quote: Some are bound to die young, by dying young a person stays young in people’s memory. If he burned brightly before he died, his brightness shines for all time. Owen certainly burned brightly and will burn brightly forever in our memories. He will never be forgotten. Thank you.03-18-19 TC PAcket Page 10 of 126 10 DRAFT 2019 Agenda Items • Regular Meetings begin at 4:00 p.m. unless otherwise noted • Work Sessions begin at 4:00 p.m. and aim to end at 6:00 p.m. • The dates on which agenda items are listed are only a best approximation. Agenda items are added to this list as they arise. Agenda items may well be moved to different meeting dates. Agendas are generally not finalized until the Thursday prior to the meeting. • In addition to agenda items, this document also lists expected absences of Town Council members. In compliance with section 2-49 of the municipal code, once the consent agenda is approved, the absences noted will be considered to have received the prior approval necessary of the majority of the Council for members to be absent from meetings. 2019 Meetings Mon. Mar. 18th – Regular Meeting • Owen Green Remembrance Preparation for EOTC Meeting (on March 21) • 2nd reading ord no 4 purchase Cigarette age to 21 • 2nd reading Ord revising 2019 budget • 2nd reading Ord 3 mj sales • Update on Owl Creek and Brush Creek roundabout design • IGA for Pitkin County Use Tax collection • Special Events Construction/Resolution Thurs Mar. 21 – EOTC Meeting – Snowmass Village will Chair-(Goode Out) Mon. Apr. 1st – Regular Meeting (Madsen Sirkus Out) • Reso with recommendations to TC from Citizen Grant Review Board • Comp Plan Implementation (Zoning Changes) • Review conceptual thoughts on Mall Transit station Mon. Apr. 8th – Work Session • Granicus iLegislate Password Policies • Joint Meeting with volunteer Board Mon. Apr. 15th – Regular Meeting Mon. May 6th – Regular Meeting (Sirkus Out) Mon. May 13th – Work Session • Joint Meeting with volunteer Board Mon. May 20th – Regular Meeting Mon. Jun. 3rd - Regular Meeting (Bulter out) Mon. Jun. 10th - Work Session (Butler Shenk out) Mon. Jun. 17th - Regular Meeting Thurs. Jun. 20th - EOTC Meeting - Pitkin County to Chair 03-18-19 TC PAcket Page 11 of 126 11 DRAFT 2019 Agenda Items Mon. Jul. 1st - Regular Meeting (Kinney out) Mon. Jul. 8th - Work Session (Shenk out) Mon. Jul. 15th - Regular Meeting (Shenk out) Mon. Aug. 5th - Regular Meeting Mon. Aug. 12th - Work Session • Joint Meeting with Volunteer Board Mon. Aug 19th - Regular Meeting Tue. Sep. 3rd - Regular Meeting (Monday is Labor Day) Mon. Sep. 9th - Work Session • Joint Meeting with Volunteer Board • Joint Meeting with Volunteer Board Mon. Sep. 16th - Regular Meeting Mon. Oct. 7th - Regular Meeting Mon. Oct. 14th - Work Session • Joint Meeting with Volunteer Board Thurs. Oct. 17th - EOTC Meeting -Aspen to Chair Mon. Oct. 21st - Regular Meeting Mon. Nov. 4th - Regular Meeting Mon. Nov. 11th -Work Session Mon. Nov. 18th - Regular Meeting Mon. Dec. 2nd - Regular Meeting Mon. Dec. 9th - Special Meeting Mon. Dec. 16th - Regular Meeting 03-18-19 TC PAcket Page 12 of 126 12 DRAFT 2019 Agenda Items Topics for Work Sessions or Other Meetings Requested by Town Council Members • Update on Daly Town Home regarding retaining wall • How did they do that? • Environmental Discussions/ Approaches: 1) Meet with EAB and prioritize Sustainability goals 2) update on Solar and Renewable Energy for the Town of Snowmass Village 3) Discuss the Climate Reality Project 4) overview of the Re-Op Fund, its uses and successes. 5) a presentation of the Energy Navigator from the EAB/PW 6) discussion regarding how to move energy conservation efforts beyond town government to a community wide effort enabling individuals to help make progress 7) Update Council on solar project that was included in 2019 budget with findings from FAB, etc • Housing strategy: 1) discuss a potential regional approach to aging in place/ work with Pitkin county and county senior services- 2) find ways to encourage/ allow individuals to move from larger homes to smaller homes 3) meeting other needs- such as specific housing for town employees 4) update on current housing construction project 5) update on meeting the overall housing strategy • Action on Necessary IGA’s or other documents regarding “school property tax” distribution • A discussion on potentially allowing camping (RV or other) within the Village • Schedule Updates will all of the Town Boards to review priorities and current initiatives o EAB o FAB o PTRAB o POSTR o Marketing o Grants – Recent Awards; Review of Criteria; Purpose, etc. o SAAB o Planning • RFTA Strategic Priorities Update w. New Mill Levy 03-18-19 TC PAcket Page 13 of 126 13 1 SNOWMASS VILLAGE TOWN COUNCIL 2 REGULAR MEETING MINUTES 3 FEBRUARY 19, 2019 4 5 1) CALL TO ORDER 6 7 At this time Mayor Butler announced the death of Owen Green who worked in the 8 Tourism Department for the last three years. Green was caught in an avalanche on 9 Saturday, February 16, 2019. This time she asked for a moment of silence in honor of 10 Owen Green and his family. Clint Kinney, Town Manager spoke in honor of Owen 11 Green and his can-do attitude and infectious smile throughout town hall. 12 13 Mayor Butler called to order the Regular Meeting of the Snowmass Village Town 14 Council on Tuesday, February 19, 2019 at 4:00 p.m. 15 16 2) ROLL CALL 17 18 19 Mayor Butler called to order the Regular Meeting of the Snowmass Village Town 20 Council on Tuesday, February 19, 2019 at 4:09 p.m. 21 22 COUNCIL MEMBERS PRESENT: Tom Goode, Bill Madsen, Bob Sirkus, and Markey Butler. 23 COUNCIL MEMBERS ABSENT: and Tom Fridstein, Planning Commissioner. 24 STAFF PRESENT: Clint Kinney, Town Manager; John Dresser, Town Attorney; David Peckler, Transportation Director; Julie Ann Woods, Community Development Director; Brian McNellis, Planner, Anne Martens, Public Works Director; Travis Elliott, Assistant to the Town Manager; and Rhonda B Coxon, Town Clerk 25 PUBLIC PRESENT: Andrew Wicks, Barbara Wicks, Drew Detrick, David Pesnichak, Nathaniel Rayl, Lindsey Utter and 26 other member of the public interested in today’s 27 Agenda items, 28 29 3) JOINT MEETING WITH PLANNING COMMISSION - SNOWMASS CENTER PUD 30 31 Snowmass Center Major PUD, Rezoning, and Subdivision Amendment Preliminary Plan 32 Presentation and Town Council Consideration of Resolution No. 21, Series 2019 33 Regarding Direction to the Planning Commission in their Review of the Project – Joint 34 Meeting with Town Council and Planning Commission 35 36 03-18-19 TC PAcket Page 14 of 126 14 02-19-19 TC Minutes Page 2 of 6 Brian McNellis, Planner introduced this item and stated the purpose of this meeting is 37 to have the applicant provide a presentation for the Town Council and Planning 38 Commission, he introduced Richard Shaw and Shaw introduced the entire team. The 39 purpose of the meeting is to hear a presentation by the Applicant on a proposal 40 to redevelop and expand the existing Snowmass Center (Faraway Ranch North). 41 The project will include a renovated “Main Street” with mixed-use amenities including 42 additional commercial, office, residential (restricted and free-market), and parking 43 (street and sub-grade). The adjacent areas to the north and east would be developed to 44 include free-market multi-family residential buildings. Following the presentation by the 45 Applicant, the Planning Commission will close their meeting and the Town Council will 46 consider draft Resolution No. 21, Series 2019 (attached as Exhibit A) regarding 47 direction to the Planning Commission in their review of the project. This is the 48 Preliminary Plan Review. 49 50 Patrick Keelty called to order the Planning Commission on Tuesday, February 19, 2019 51 and Brain Marsack Doug Faurer Laura Rice Jim Gustafson, Tom Fridstein, Doug Faurer 52 were in attendance. 53 54 Richard Shaw representing the applicant reviewed those items that have changed since 55 the sketch plan. He spoke to the connectivity and connecting to adjacent community 56 neighborhoods, the transit system, easier way finding through the Snowmass Center, 57 phasing of the buildings, leaving Clark's Market and the Post Office as the core. Upper 58 Kearns Road flows into Main Street and there are two entrances to Main Street from 59 upper and lower Kearns. 60 61 At this time the Council reviewed the thirteen areas in Resolution No. 21, Series of 2019 62 that they would like the Planning Commission to review as the core issues for this 63 proposal. 64 65 Bob Sirkus made the motion to approve as amended Resolution No. 21, Series of 2019 66 - Core issues for Planning Commission Review of Snowmass Center PUD, line 14 67 change to Major not "Minor" PUD, additional view planes and the plans for the delivery 68 station. Tom Goode seconded the motion. The motion was approved by a vote of 4 in 69 favor to 0 opposed. Council Member Shenk was absent. 70 71 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, and Markey Butler. 72 73 Voting Nay: None. 74 At 5:05 p.m. 75 Patrick Keelty made a motion to adjourn the Planning Commission Meeting seconded 76 by Tom Fridstein. 77 78 Town Council took a break at this time. 79 03-18-19 TC PAcket Page 15 of 126 15 02-19-19 TC Minutes Page 3 of 6 80 4) PROCLAMATIONS AND PRESENTATIONS 81 82 83 A. Presentation and Update on an Upcoming Elk Research Project 84 85 86 Lindsay Utter, Pitkin County Open Space and Trails and Nathaniel Rayl, Wildlife 87 Researcher, Colorado Parks and Wildlife provided a PowerPoint Presentation on an 88 upcoming Elk Research Project expected to occur in and around Snowmass 89 Village. Rayl noted this study will be evaluating factors influencing elk recruitment and 90 behavioral responses of elk to human recreation, assess heard status and population 91 trends, there are increasing concern about declining ratios, affected by harvest, 92 pregnancy rates, calf survival and adult female survival, multiple scenarios can produce 93 same ratio. He stated they need a long-term monitoring of individual calves and adult 94 females to determine factors affecting recruitment. They will catch adult female elk in 95 March to assess health of herds (body condition, pregnancy rates), and deploy GPS 96 collars/transmitters. The in May and June catch and collar calves to estimate survival, 97 identify sources of mortality, and evaluate factors influencing mortality risk. This study 98 will evaluate the cumulative impacts of recreation and the collared elk from recruitment 99 study will allow us to evaluate individual movement behaviors and evaluating elk 100 presence on specific geographic areas. There will be trail cameras that allow use to 101 repeatedly estimate elk abundance in small areas and during short periods of 102 time. This study will take approximately six years and there will be helicopter activity 103 when collaring the elk. 104 105 Town Council would love a report after some data has been collected, Pitkin County has 106 paid for this to the tune of $50,000 dollars. The Town Council wished them luck and 107 thanked them for the presentation. 108 109 5) PUBLIC COMMENT 110 None at this time. 111 112 6) CONSENT AGENDA 113 114 A. DRAFT AGENDAS 115 116 Council Member Madsen will be out for the April 01, 2019 Town Council Meeting, 117 and Mayor Butler will be out for the June 03, 2019 Regular Town Council Meeting and 118 the June 10, 2019 Town Council Work Session. 119 120 B. MINUTES FOR APPROVAL 121 122 03-18-19 TC PAcket Page 16 of 126 16 02-19-19 TC Minutes Page 4 of 6 Mayor Butler stated on page 22 line 110 she feels the word at the end should be shown 123 not "show". This was the only change to the minutes. 124 125 Tom Goode made the motion to approve those items list on today's consent agenda 126 item. Bob Sirkus seconded the motion. The motion was approved by a vote of 4 in 127 favor to 0 opposed. Council Member Shenk was absent. 128 129 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, and Markey Butler. 130 131 Voting Nay: None. 132 7) POLICY/LEGISLATIVE PUBLIC HEARINGS 133 134 A. FIRST READING OF ORDINANCE NO. 04, SERIES OF 2019 - AN 135 ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS 136 VILLAGE , COLORADO AMENDING CHAPTER ___________ARTICLE ______ 137 OF THE MUNICIPAL CODE OF THE TOWN OF SNOWMASS VILLAGE TO 138 RAISE THE MINIMUM AGE FOR THE PURCHASE, POSSESSION, AND 139 CONSUMPTION OF TOBACCO PRODUCTS AND TO ESTABLISH THE 140 MINIMUM AGE FOR THE PURCHASE, POSSESSION, AND 141 CONSUMPTION OF ELECTRONIC SMOKING DEVICES AND RELATED 142 SUBSTANCES 143 144 145 Rhonda B. Coxon, Town Clerk began this item by stating at the February 04, 2019 146 Regular Town Council Meeting Town Council directed staff to prepare an ordinance to 147 raise the purchase of tobacco and tobacco products to the age of twenty-one. Council 148 had directed staff to include licensing within the ordinance. Coxon entered all the 149 comments that have come in to Town Hall for this discussion, these were submitted to 150 the Town Council for review. Coxon also stated there is a letter from Snowmass Village 151 Police Chief Brian Olson in today's packet material, encouraging the Town Council to 152 include purchase, possession, and consumption be prohibited within the Town of 153 Snowmass Village. At this time Council Member Sirkus spoke to the local retail 154 licensing and his reason for not liking the idea or licensing our establishments. After a 155 lengthy discussion between staff and Town Council, Council consensus was to take out 156 the local retail licensing requirement. Second Reading of this ordinance will be on 157 Monday, March 18, 2019. 158 159 Bill Madsen made the motion to approve first reading as amended Ordinance No. 04, 160 Series 2019 raising the age to purchase tobacco product to twenty-one. Bob Sirkus 161 seconded the motion. The motion was approved by a vote of 4 in favor to 0 162 opposed. Council Member Shenk was absent. 163 164 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, and Markey Butler. 165 03-18-19 TC PAcket Page 17 of 126 17 02-19-19 TC Minutes Page 5 of 6 166 Voting Nay: None. 167 168 8) ADMINISTRATIVE REPORTS 169 A. EOTC Agenda and Preparation Meeting 170 171 David Peckler, Transportation Director for the Town of Snowmass Village and David 172 Pesnichak, Regional Transportation Administrator for EOTC stated the purpose of this 173 discussion is to review the agenda for the upcoming March 21, 2019 ETOC 174 meeting. The items for review included 1. Obtain feedback on the March 21, 2019 175 EOTC Staff recommended agenda; 2. Update Council and receive initial feedback on 176 the improvements at the Brush Creek Park and Ride including the restrooms and 177 additional paved parking, carpool kiosk relocation, and Variable Message Sign (VMS); 178 and, 3. Obtain feedback on the upcoming EOTC retreat focus topic and 179 date. Pesnichak reviewed each of these items with the Town Council and they provided 180 feedback for him. Some of the retreat items would include vision, values and mission 181 of the EOTC, Council agreed with July or August for the retreat. 182 183 9) EXECUTIVE SESSION 184 It is the recommendation of the Snowmass Village Town Staff that the Council make 185 and approve the following motion 186 187 1. Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and 188 Snowmass Village Municipal Code Section 2-45(c), to specifically discuss one item: 189 a) Conferences with an attorney for the purposes of receiving legal advice on specific 190 legal questions pursuant to C.R.S. 24-6-402(4)(c) and Snowmass Village Municipal 191 Code Section 2-45(c)(2); 192 193 Provided, there is an affirmative vote of two-thirds of the quorum present at this 194 meeting to hold an Executive Session and for the sole purpose of considering 195 items (a) above. Provided further, that no adoption of any proposed policy, 196 position, resolution, regulation, or formal action shall occur at this Executive 197 Session. 198 199 At 6:46 p.m. 200 201 Bob Sirkus made the motion to enter closed session Tom Goode seconded the 202 motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council 203 Member Shenk was absent. 204 205 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, and Markey Butler. 206 207 Voting Nay: None. 208 03-18-19 TC PAcket Page 18 of 126 18 02-19-19 TC Minutes Page 6 of 6 At 7:11 p.m. 209 210 Markey Butler made the motion to approve reconvening to the Regular Meeting of the 211 Snowmass Village Town Council on Tuesday, February 19, 2019. Bob Sirkus seconded 212 the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council 213 Member Shenk was absent. 214 215 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, and Markey Butler. 216 217 Voting Nay: None. 218 10) ADJOURNMENT 219 220 221 At 7:12 p.m. 222 223 Bob Sirkus made the motion to adjourn the Regular Meeting of the Snowmass Village 224 Town Council on Tuesday, February 19, 2019. Markey Butler seconded the 225 motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council 226 Member Shenk was absent. 227 228 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, and Markey Butler. 229 230 Voting Nay: None. 231 This set of meeting minutes was approved by the Snowmass Village Town Council at 232 their Regular Meeting on Monday, March 18, 2019. 233 Submitted By, 234 235 ________________________ 236 Rhonda B. Coxon, CMC 237 Town Clerk 238 239 03-18-19 TC PAcket Page 19 of 126 19 1 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: March 18, 2019 AGENDA ITEM: RESOLUTION NO. 23, SERIES OF 2019 – A RESOLUTION DESIGNATING THE HIGH IMPACT EVENT CALENDAR IN ACCORDANCE WITH THE MUNICIPAL CODE CONSTRUCTION MANAGEMENT STANDARDS AND REGULATIONS PRESENTED BY: Rhonda B. Coxon, Town Clerk John Dresser, Town Attorney BACKGROUND: In accordance with Section 18-3 of the Municipal Code, construction activities and noise are prohibited in Snowmass Village outside the hours of 7:00 a.m. – 6:00 p.m. Monday – Saturday, excluding all national federal holidays. In addition to these restrictions, and pursuant to SMVMC Section 18-2, the Town Council should adopt a Resolution prior to March 1 designating a “High Impact Event Calendar,” which establishes additional date that are of significance to Snowmass Village. These dates will then be eligible for additional restrictions to construction noise and activity. Staff has determined that there are 23 such events that should be subject to the designation of “high impact”. Resolution No. 23, Series of 2019 establishes these events and their associated dates. FINANCIAL IMPACT: There are no direct costs to the Town associated with the adoption of Resolution No. 23, Series of 2019 APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: N/A 03-18-19 TC PAcket Page 20 of 126 20 2 COUNCIL OPTIONS: 1. Adopt the Resolution 2. Adopt the Resolution with modifications 3. Deny the Resolution STAFF RECOMMENDATION: Adopt the Resolution establishing a High Impact Event Calendar ATTACHMENTS: Resolution No. 23, Series of 2019 03-18-19 TC PAcket Page 21 of 126 21 TOWN OF SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 RESOLUTION NO.23 4 SERIES OF 2019 5 6 A RESOLUTION DESIGNATING THE HIGH IMPACT EVENT CALENDAR IN 7 ACCORDANCE WITH THE MUNICIPAL CODE CONSTRUCTION MANAGEMENT 8 STANDARDS AND REGULATIONS 9 10 WHEREAS, Section 18-3 of the Municipal Code restricts construction times and 11 noise; and 12 13 WHEREAS, Section 18-12 of the code states that the Town Council may further 14 prohibit or otherwise limit excessive noise-producing construction and vehicle activity 15 from occurring during peak seasons, major special events, and other holidays 16 throughout the year; and 17 18 WHEREAS, such dates shall be determined by the Town Council by resolution; 19 and 20 21 WHEREAS, in order to provide adequate notice and clear expectations to 22 contractors and developers such resolution should be adopted before March1st; and 23 24 WHEREAS, the Town Council recognizes the following dates as major events 25 that bring many guests and visitors into Town; and 26 27 WHEREAS, these events require coordination of many parties and Town 28 resources to ensure a safe, enjoyable, and successful experience for event attendees; 29 and 30 31 WHEREAS, said events occur outside of the normally restricted dates and 32 holidays under section 18-3 of the Municipal Code. 33 34 NOW, THEREFORE, BE IT RESOLVED, by the Town Council of Snowmass 35 Village, Colorado: 36 37 That the following dates be considered High Impact Events eligible for 38 construction activity restrictions under Section 18-12 of the Municipal Code: 39 40 June 7-8, 2019 – Snowmass Craft Beer Rendezvous & Concert 41 June 7-8, 2019 – Ragnar Trail 42 June 11-12, 2019 – Ride the Rockies 43 June 13, 2019 – Grind & Free Thursday Night Concert 44 June 15, 2019 – Heritage Fire 45 June 20, 2019 – Free Thursday Night Concert 46 03-18-19 TC PAcket Page 22 of 126 22 19-24 TC Reso Page 2 of 3 June 27, 2019 – Free Thursday Night Concert 47 June 29-30, 2019 – Demo Days 48 July 4, 2019 – 4th of July Community Celebration & Free Thursday Night 49 Concert 50 June 11, 2019 – Free Thursday Night Concert 51 July 13, 2019 – Rock for a Reason Concert 52 June 18, 2019 – Free Thursday Night Concert 53 July 18-21, 2019 – Yoga on the Mountain 54 June 25, 2019 – Free Thursday Night Concert 55 August 1, 2019 – Free Thursday Night Concert 56 August 2-4, 2019 – (Event name TBA) 57 August 8, 2019 – Free Thursday Night Concert 58 August 15, 2019 – Free Thursday Night Concert 59 August 15-18,2019 – Big Mountain Enduro 60 August 22, 2019 – Free Thursday Night Concert 61 Aug.30-Sept.1,2019 – JAS Labor Day Experience 62 September 6-8, 2019 – Snowmass Balloon Festival 63 September 13-15, 2019 – Snowmass Wine Festival & Motoring Classic 64 September 21-22, 2019 – National Interscholastic Cycling Association 65 (NICA) 66 67 INTRODUCED, READ, ANDADOPTED, by the Town Council of the Town of 68 Snowmass Village, Colorado on the 18th day of March 2019 with a motion made by 69 Council Member ______ and seconded by Council Member ______. The motion was 70 approved by a vote of __in favor to __ opposed. 71 72 73 74 TOWNOFSNOWMASVILLAGE 75 76 77 _____________________________________78 _ 79 MARKEY BUTLER, Mayor 80 81 ATTEST: 82 83 84 __________________________________ 85 RHONDA B. COXON, Town Clerk 86 87 88 89 APPROVED AS TO FORM 90 91 03-18-19 TC PAcket Page 23 of 126 23 19-24 TC Reso Page 3 of 3 92 __________________________________ 93 JOHN C. DRESSER JR., Town Attorney 94 03-18-19 TC PAcket Page 24 of 126 24 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: March 18, 2019 AGENDA ITEM: ORDINANCE NO. 2, SERIES OF 2019-SECOND READING OF AN ORDINANCE AMENDING THE 2019 BUDGET FOR THE GENERAL FUND, RETT FUND, ROAD FUND, MARKETING FUND, CAPITAL EQUIPMENT RESERVE FUND, POST GRANT FUND AND THE CAPITAL IMPROVEMENT PROJECT FUND FOR THE TOWN OF SNOWMASS VILLAGE. 2018 Unaudited Year-end Update and 2019 Budget Revisions PRESENTED BY: Clint Kinney, Town Manager Marianne Rakowski, Finance Director BACKGROUND: At the March 4, 2019 Town Council meeting, staff reviewed the 2018 unaudited year- end financial numbers for Town funds and the Ordinance amending the 2019 budget and appropriating funds for expenditure in 2019. The amendments to the 2019 budget are detailed on the final page of the attachments. As stated at the March 4th meeting, staff would be adding the building/equipment capital reserve projects from 2018 to the 2019 Ordinance for carryovers. These additions include building/equipment capital reserve funding for projects budgeted in 2018 from the capital reserves in the General Fund, RETT Fund and Road Fund. The projects proposed to move forward into 2019 include components of the HVAC system at the Recreation Center, costs related to the overhead doors, furnaces, service bays, snowmelting feed system/pumps, and Town Hall flooring, Recreation Center equipment, etc. FINANCIAL IMPACT: Ordinance No. 2, Series of 2019 revises the 2019 adopted budget and appropriates these funds for spending. The additional expenditures to the 2019 budget are primarily carryover expenditures or unspent funds from 2018. These expenditures were appropriated for the 2018 budget, 03-18-19 TC PAcket Page 25 of 126 25 but because the projects(s)/expenditures were not spent in 2018, staff is requesting that the remaining funds for the attached items be re-budgeted into the 2019 revised budget. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: COUNCIL OPTIONS: 1. Approve, Modify or Deny Ordinance No. 02, Series of 2019. STAFF RECOMMENDATION: Approve Second Reading of Ordinance No. 2, Series of 2019. ATTACHMENTS: A. Ordinance No. 2, Series of 2019 B. 2018 audited financial information/2019 budget amendments 03-18-19 TC PAcket Page 26 of 126 26 SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 ORDINANCE NO. 02 4 SERIES OF 2019 5 6 7 8 AN ORDINANCE AMENDING THE 2019 BUDGET FOR THE GENERAL FUND, RETT 9 FUND, ROAD FUND, MARKETING FUND, CAPITAL EQUIPMENT RESERVE FUND, 10 POST GRANT FUND AND THE CAPITAL IMPROVEMENT PROJECT FUND FOR 11 THE TOWN OF SNOWMASS VILLAGE. 12 13 14 WHEREAS, Clint Kinney, Town Manager, has submitted changes to the 2019 15 Adopted Budget; and 16 17 WHEREAS, the 2019 amendments include changes to the General Fund, the 18 RETT Fund, the Road Fund, the Marketing Fund, the Capital Equipment Reserve 19 Fund, the POST Grant Fund, and the Capital Improvement Project Fund; and 20 21 WHEREAS, the General Fund is revised to include expenditures that were part of 22 the 2018 budget and were not expended in 2018, but are anticipated to be 23 expended in 2019 for the completion or continuation of the Laserfiche project, the 24 GIS project, the Finance software project, the Land Use Code update, the bike 25 washing area, Wildfire Mitigation and building/equipment capital reserve projects; 26 and 27 28 WHEREAS, the RETT Fund is revised to include expenditures that were part of 29 the 2018 budget and were not expended in 2018, but are anticipated to be 30 expended in 2019 for building/equipment capital reserve projects; and 31 32 WHEREAS, the Road Fund is revised to include expenditures that were part of 33 the 2018 budget and were not expended in 2018, but are anticipated to be 34 expended in 2019 for building/equipment capital reserve projects; and 35 36 WHEREAS, the Marketing Fund is revised to include expenditures that were 37 savings from the 2018 budget and were not expended in 2018, but are 38 anticipated to be expended in 2019 for an emotive marketing initiative to 39 differentiate the brand; and 40 41 WHEREAS, the Capital Equipment Reserve Fund is revised to include 42 expenditures that were part of the 2018 budget and were not expended in 2018, 43 but are anticipated to be expended in 2019 for the replacement of the Solid 44 Waste Truck; and 45 46 03-18-19 TC PAcket Page 27 of 126 27 19-02 TC Ord Page 2 of 3 WHEREAS, the POST Grant Fund is revised to include revenues and 47 expenditures that were part of the 2018 budget and were not received or 48 expended in 2018, but are anticipated to be expended in 2019 for police officer 49 training; and 50 51 WHEREAS, the Capital Improvement Project Fund is revised to include revenues 52 and expenditures that were part of the 2018 budget and were not received or 53 expended in 2018, but are anticipated to be expended in 2019 for numerous 54 projects; and 55 56 WHEREAS, the Town of Snowmass Village Home Rule Charter requires 57 adjustments to the budget when circumstances change relating to the budget. 58 59 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of 60 Snowmass Village, Colorado: 61 62 63 Section One: Revised Budget 64 That the Town of Snowmass Village 2019 budget for the General Fund, 65 RETT Fund, Road Fund, the Marketing Fund, the Capital Equipment 66 Reserve Fund, the POST Grant Fund, and the Capital Improvement 67 Project Fund be adjusted to include the below amendments. 68 69 Section Two: Appropriation 70 That the below 2019 revised revenues and expenditures are hereby 71 appropriated for expenditure during the 2019 budget year. 72 73 74 Town of Snowmass Village Budget Changes - 2019 Revised Budget 2019 2019 Revenues Expenditures General Fund $ 274,599 RETT Fund $ 298,635 Road Fund $ 240,002 Marketing Fund $ 150,000 CERF Fund $ 50,000 $ 648,973 POST Grant Fund $ 242,423 CIP Fund $ 26,585 $ 26,585 TOTAL $ 76,585 $ 1,881,217 03-18-19 TC PAcket Page 28 of 126 28 19-02 TC Ord Page 3 of 3 75 76 77 Section Three: Effective Date 78 This Ordinance shall become effective upon adoption in accordance with 79 Article X, Section 9.11 (e) of the Home Rule Charter. 80 81 82 INTRODUCED, READ AND ADOPTED on first reading by the Town Council of 83 Snowmass Village, Colorado on the 4th day of March, 2019 with a motion made by 84 Council Member Goode and seconded by Council Member Madsen and by a vote of 5 85 in favor to 0 opposed. 86 87 INTRODUCED, READ AND ADOPTED on second reading by the Town Council of 88 Snowmass Village, Colorado on the 18th day of March, 2019 with a motion made by 89 __________ and seconded by ______________, and by a vote of __ in favor to __ 90 opposed. A roll call was taken, those in favor were_________________________, 91 those opposed were _____________________. 92 93 94 95 TOWN OF SNOWMASS VILLAGE 96 ____________________________ 97 Markey Butler, Mayor 98 99 ATTEST: 100 101 ____________________________ 102 Rhonda Coxon, Town Clerk 103 03-18-19 TC PAcket Page 29 of 126 29 2018 Year-end Financial Summary (Unaudited) {minus fisures are unfavorable) Categorv 2019 2018 Budset 2018 Actual Variance Revisions TOTAT 2019 March 5 5 1274,s991 s s s 1274.s991 s s 1274,s9e) s s l24O,OO2l 5 l24o,oo2 s s (1s0,000) 5s- s (150,000) s s ss- s Fund Balance-Restrict/Assigned s 9,092,176 5 9,548,325 5 456,149 Fund Balance-Available s 2,313,354 s 8,332,846 s 6,019,483 Fund s TOTAL Fund Balance 442,970 2,O55,923 77,734,972 78,7?L,O70 Revenues Expenses s 16,71s,087 s 18,617,882 5 Fund Balance-Restrict/Assigned Fund Balance-Available TOTAL Fund Balance 2,350,000 4,774,O07 s 3,193,47s s 3,154,544 s s 635,626 5 4,947,482 s 4,311,8s6 101 7,824,OO1 974,790 Revenues Expenses 3,881,498 5 2,907,308 S s 5 s (298,635) Revenues Expenses s s 2,494,696 5 3,371,134 s 2,571,214 82,522 626,6672,744,473 s Fund Balance-Restrict/Assigned S 582,218 5 822,220 S 240,002 Fund Balance-Available S 20,125 5 926,290 S 906,154 lance s FundBalance-Restrict/Assigned S S S Fund Ealance-Available s 590,758 s 1,981,545 s 7,290,787 s s Tax 25,368 s 655,346 388,845 10,632 277,soo s 37,000 s Revenues Expenses ToTAL Fund Balance S s s s 5 s s Fund Balance-Restrict/Assigned Fund Balance-Available TOTAL Fund Balance s 1,2s9,531 s 1,3s6,990 s 97,359 s 9s,772 s 1,130,374 s 1,035,202 Fu nd 5,038,522Revenues Expenses 389,437 376,7465,095,520 5 4,779,774 5 5,427,959 5 s s (150,000) Fund Balance-Restrict/Assigned S 510,378 S 521,554 S 11,186 FundBalance-Available 5 572,5995 1,227,3245 654,724 TOTAL Fund Balance 2,040,590 s 2,047,572 1,518,038 s 2,086,256 44,7M 422,652 Revenues Expenses s s 5 s 1274.59a )s s s s s s 5 s s 03-18-19 TC PAcket Page 30 of 126 30 2019 2019 Caterorv 2018 Budp€t 2018 Actual Variance Revisions TOTAT s s 50,000 (548,973) s s (s98.973) s s (242,4231 s 5 Q42,4231 s s s s 5 Lottery Fund Revenues Expenses s 5 31,159 s 23,000 s 29,731 s 23,000 s (1,428) Fund Balance-Restrict/Assigned S s 5 Fund Balance-Available s s5,s71 s s3,17s s (3,396) TOTAL Fund Balance S 56,571 s 53,175 s (3,396) s s s s s 5 s REOP Fund Revenues Expenses 5,740 s 10,000 5 13,538 s 10,000 s 7,794 FundBalance-Restrict/Assigned S S 5 Fund Balance-Available S 70,068 5 2oo,722 S 130,654 TOTAL Fund Ealance s 70,068 s 200,722 s 130554 s s s s s 5 s s FundBalance-Restrict/Assigned S S 5,083,168 S 5,083,168 Fund Balance-Available S (3,853,954) 5 352,714 5 4,2t5,677 s s Fund la 5,652,352 s 2,754,500 2,704,500 s 1,429,855 s (s0,000) 5,222,497 Revenues Expenses 5 5 50,000 (648,973) CERF Revenues Expenses s s 1,520,000 s 422,927 s 1,520,000 s 186,066 5 236,855 451,633FundBalance-Restrict/Assigned 5 2,077,592 5 2,529,224 S Fund Balance-Available S S TOTALFundBalance S 2,077,5925 2,529,224 I 451,633 5 s 1242,4231 Housing Fund Revenues Expenses 1,405,620 s 1,338,708 5 7,454,572 s 7,173,294 s 44,952 755,4L4 s s Fund Balance-Restrict/Assigned S 659,279 5 555,143 S 6,863 Fund Balance-Available 5 470,277 S 699,164 S 288,893 TOTAL Fund Balance 5 1,069,550 s 1,365,307 3 295,757 s s s s s 5 s Fund Balance-Restrict/Assigned 5 494,770 S 503,297 5 8,527 Fund Balance-Available 5 756,875 S 1,033,425 5 275,551 Mew I s s TOTAL Fund Balance 53,295 729,526 Revenues Expenses 1,085,160 s 1,138,455 s 607,129 s 477,603 5 s 5 s s s s Mtn View ll Fund Revenues Expenses 259,230 5 233,428 s 276,574 5 228,467 s s s 1,344 4,951 Fund Balance-Restrict/Assigned S 140,291 5 747,466 S 1,175 Fund Balance-Available 5 Zql,lgg 5 337,727 S 89,728 TOTAL Fund Ealance s 387,690 s 478,593 s 90,903 s s s 03-18-19 TC PAcket Page 31 of 126 31 20t9 2019 2018 Budset 2018 Actual variance Revisions TOTAL s s 5 s 38,322,805 s 43,835,s24 s 33,581,7s7 s 70,254,767 6,440,124FundBalance-Restrict/Assigned 5 77,a97,9O3 S 24,338,027 S CategorY Revenues Expenses Fund Balance-Available 5 2,014,856 5 27,232,789 TOTAL Fund Balance 5 r9,9L2,769 5 45,570,277 5 19,217,323 S 25,657,t148 FundBalance-Restrict/Assigned S (111,905) S 11,087 S Fund Balance-Available S S 5 s Rec Ctr Refinancing 5 947,369 985,244 s 950,036 2,725 722,993 Revenues Expenses s s Rec Ctr Refinancing ToTAL Fund Balance Expenses (-(-Fund Balance-Restrict/Assigned S s 353,75s s 337,180 s 25,585 -s -s 26,585 s s(- s s 26,585 (25,s8s) s 76,s8s s 75,s8s 5 (1,881,217) S {1,881,2171 (- s s (1,804,632) s 5 5 (1,804,5321 03-18-19 TC PAcket Page 32 of 126 32 TOWN OF st{OWI ASS VILLA6E cENERAL FUND - BUDoET SUAAIIAARY Mr.: M,.us vdfldrc. fBu..s o€ uifovorobl. guD6€T sui4MlRy 3E6INM ruNO BALAME 2017 l.tEl $ 14.158.920 86 @STEM RflEruEs '-Cory Conyon-prynunrs @MTNM UPENUruRES t6 ,644 ,793 37 90,@ @ i $ $ --Drc5t. - P.otsrry Td e.v..w --Drcst. - Pfkh County ..ArFn s.h6ol 0ErrEr - PrcF.ry Tq R.wnE -Astsn s.hool Disrtr - Prcts.ry Tax Pqn.., A Colld6 F..s -Buildiry 6 Inwsrn..r t t t $ 499,44O94 ONE.IME EEVENUE5 ONE.TIEE EXENDITUREs t $ $ 17,3E9,475 93 $ $t $ (15,00E,975.67) $ V6.i.rc. 1.133.913 r3 20ta CldEt 12j11.$7 A6 t 20!t tctul t5978,37612 J 16.735,535 00 (16.142,E69 O0) 2019 9CD9E I t5.457.253t2 $ $ 17,355,95600 $ 17,355,95600 $ t$$ $ 06,884,3E6 @) $ 06,684,366.@) $ 2019 YeiK 2.423.918 80 2019 S!!st t7.88t.t7t92 5 s $ t t t 510.00000 (5t0.000 o0) 067.0oo 0o) 510.@OOO (510.@ @) (767.000 0O) $ t t $ $ t $ $ t $ 3E 36 58,96162 o8,96162) (13,@0 0o) t $1667.922 aO)o1a.6a9 oo) $ $ 250.@0O0 $ QAt,7tB6?) $ 250.@0 00 269.402.34 $ (l,oE9.z34m) $ 21,84665 t t.U1.080.65 $ (2.E90.7r900) $ (3.165.316@) $ 160.0@00 rm.m@ 391,089.48 1.080.m@ I,O23,54t.52 717,974.29 600.@m 123,934 5l $ 70,453 lE S 461,610.60 $ l.oEo,mm $ t.o47.6273 $ 690,92 lo $ 570,453 40 $ 110.767@ $ -t 20!E c@!j Yo.iom. 70,721t? 110.75700 ?ola 4!4! 23.5[ 2t 142.663 6l $ $ $ $ $ t $ t $ 160.@000 lm.m@ 391.089 48 990.m@ 137,439 6t 841.810 @ 630,0@.m 11,400 m 160.000 00 | l@.@@ I 461,61060 '990.@@ t t56.ZA?99 i 84l.6lO@ t 630,0@00 $ -t 11.400@ I 20t9 C!!gE zo\9 V.ri.ft. 70,72t-t2 16,643 38 zot9 Es!s, FUNO B^L^ME -DESI6NATIONS/TESERVES lNVENTORY MEPAID EXPEN5ES TTBOR. RESERVE TOWN H'LL Cd.COUGAR CAMON HOLY M055 ENHAMEMENT FUNDs SUILOIM/EQUIPMENT RE5ERW FUNO5 RESERE FOR INSURANG LIABILIil RE5EEVE FOE 2OI6 EXENDITUEE5 IN 2OI9 COMCAsT.E6 FEE RESERW gAsE WLLA6E.COfl fl UNIB PURPOSE EMEROENCY RE5ERW.25% OF OPERAEM REV $ s $ t $ $ $ t $ $ 9.35O,t7627 $ 15.97E.376 12 FUNDs AVAILABLEI SALANCt 2017 !!!E! 18,74377 \2,437 W 444,A72 3A t.t70.m m 929,67 35 775.801 @ 576,386A2 2t4.920 @ 9.@2,t76.U 2,313,36.E2 11.46,539 66 9,54E,325.46 t 6,332,16 a6 t fi,aat,vrg? I 456Ja9 42 6,O19.142.{ 6A75,532 6 t 7.708.588 4t s 4.46tj67t $ 12.569.99412 7.795.1529t I 6921.161 Ol f t4.719.3\392 $ r.d.f.. Ar-.EeF TOTAL NEVruES TOTAI EXPENDITURES TRANSFER OUf.CIP t $ t I (210.510 oo) t !6,86.45 @ $ $ 036.11000) a t7,3s,E m -$-s 5l0.0moo s (5ro.0oo 0o) $ $ (696.5m.m) $ -t 9,470 00 I (551.121 oO) $ 466.3200 $ (76.00000) $ (90.00000) $ (696.5m00) I -$ t $ , t $ $ $ $ s $ $ s $ $ s t t $ s $ 03-18-19 TC PAcket Page 33 of 126 33 county & Town S.lcsT.x.. BuildlnS Permit tc€s tl.dri..l P.rmit F.cs Elds Plan chc.k F.cs lnt.€overnm.nt.l r.venu. Sll Cory Contibullon. Ext.rn.l Blllablc t.bor-FacllitY and shop R.c CtrlPdl Mcmb€Ehips & R.c F..s (cty up 7.27% & fwn up 7.42%..rual to budr.tl S {Add'l appll.ationsfor slnrlc hmlly hom.s & r.hod.ls plus intrc.*d f..r 9 (Add'l applicationrfor sinsl€ hmaly hom.5 & r.mod€lr plus in(r€.$d fe.. S lAdd'i appllc.tionsfor sin8l. famlly homc. & r.mod€ls plus incrc.*d fe.s S llncr.as. in coffitrudion tr.rh and in.r..s. in tr.sh tons ov.r buds.t) S (Hishway Users/RTA !.Nic. rontract) I (R.ff.dr d..r€a.. in skicrvisits for lh. 2017/2018 lki s€.son) S (ln.r..s. ln bill.ble work to othcrfuhds &.ntlti..) S (lncrca'G in tundr ifr.std .nd incr..s. in r.t$) I {2018 budrct w.. not.djuilcd to r.fl.ct.ctual coll.ctlons) S (O€lnParksrrailr/R.cc.nt.r!xp,D..inTr.nsp.rps../incr.. rcvcnu.s) 5 (DR in Road Dlvlsion cxpens.s-P.Bonh.l corts/v.hcost/.tr.ct supp/contr.ct) 5 Town of Snowmass villa8e Budtet Analysis for 2018 year-end and 2019 revised. lran.fer in - Road Fund oth.r Rcv.nu€ Sourc.s (Pop. Ann.stlon/ND Prop.rty Iax../8.s. vill.s. rs.nu6) Tot.l 201t Otsntin! Rs.nu.V.d.ne Capiial Outlay cac.IrrE stroallnE 2018 Bud4.t.d .rc.ndltur.. rcscfred .t 12l31/1E lo bc spenl h 201! opitalTown M.na8.t (continu. with L.*di.h. Proje.!) Gpit.l-Flnanc. (Continu. lmpl.menting E-misc billin&/frnancial uptrad.t) GpitaLcls (Continu. with Gls projstl C.pitaLcommunty Dlv.lopm.nl (L.nd Usc cod! Updat.) Capit.fother (Bil. w.3hint Ar€a) CapltaLTown coun.il (Wlldffr. MitlS.tioh) subtot.l 5GM-C.pltal Rc$rrycs Us.d 403,854 4a\705 21,112 91,307 121,056 40,s3 (29,023) 94,254 29,911 118,307 177O,2S2l (170,M) $ e,es9 L,174,A72 611,q9 269,Q2 s 2,055,923 9- s 171,177 t 652,9@ s 230,029 s 882,970 Granis Ope.ating & M.intenance (P.yroll, Payroll Ben.tlti,Tr.inint rvt.from budg.t) S 48E,2E5 lcontract s.rul(., Building Mntn, Rep.irs-V.hicl. and Equlpm.ntl S 271,55s (TlPsTr.ininsl t 1,053 (Veh Gai/oil, V.h Pans, suppli.r, Equipment, Supplles, s.ndlnr Mat, Advenisins) !-ll:r]911 tobTel2olE Ertsndturcv.fim I r,ltt,9lt (P.rks & Trails/Rec c.nte., Tranrpodation, Public work3) Tot.l 2018 OFr.ti4 €rtsndtur. V.ri.nc. oS.r.nd 8.i. villaseExp.ditur.! ohEtim€ Expendltur.s (Eldt/Equip R.srv.U*d/Bas€vlt- Buildinslnsp.ctions/Health lnssvc5l (Gls/t.s.dch€/6.s Hose/Soft w.re^V.cd control/tand Uie code/Adr/wildf i..: (Not.: som. onetim. projds.ontinud ormov.d to 2019) Totel 2of ErFhdilur. v.rirnc. s s s s s (41,m) l.22,2O7l, (8,210) (30,m) (1,m) 1110,7671 l1c3,E32l S (8,350) -2019 Revisions Tot.l 2019 Exp.ndnurc V.ri.nc.-t-t3r!s!. $ Td.l 2019 B.v.nu. R.vitioE 03-18-19 TC PAcket Page 34 of 126 34 TOWN OF SNOWAAASS YILLAoE ,IAARKETING AND SPECIAL EVENTS FUND BUDGET SUA,I'IAARY DE5CRIPTION BE6INNIN6 FUND BALAME REVENUES EXPENDITURES TRAN5FER OUT.CERF TOTAL REVENUES TOTAL EXPENDTTURE5 Net Operoting Rev's/Exp TRANSFER OUT-CIP ?ot7 Aotuol $1,4?o,646.O4 $4,986,817.07 ($4,52 i4.986.817.O7 i458.532.61 $ 201 8 Budget 201 8 Actuol $ VARTANCE ?ot9 Budget 2019 Revised $ VARIANCE $1.412.800.04 $t.779,t78.65 $365,378.61 $5,038,522.00 $5,427,959.05 $389,437.05 ($4,995,520.00) ($4,619,774.O3) a- $5.038,522.00 $5,4?7,959.e3 ($4.996.520.0O1 |.l,4.619.774.O3\ i4?,OO?.OO $808,185.02 $376,745.97 $0.00 $389.437.05 i376.745.97 $766.783.O? $ (loo.ooo.oo) $ (1oo.ooo.oo)$o.oo $t,721J8065 $2,487,363.67 $766,183.02 s5.278j67.OO ($5,200,545.00) $5,278)67.0O ($5,350,545.00) $0.00 $$ ($150,000.00) $o.oo $o.oo (s150.O0O.00] ($l50.ooo.0o) i5,?78.767.@ ($5.200.545.0O) sT7.6??.00 s5.?78.t67.OO ($5.350.545.OO) ($72.378.0O) $ (2oo.ooo.0o) $ (2oo,ooo.0o) (l10o.0oo.0o) ENDIM FUND BALANCE 5t,779.178.65 $1.354,802.04 $2,487,363.67 $1,132,561.53 $1.598.802.65 $?,?14,985.67 $616,183.02 ?ot7 ActuolFUND BALANCE- DESI6NATIONS/RESERVES Raserw (2017= 1 5%/ 2Ot8=?5% ) Reserw for ?Ol7/Expnd in ?Ol8 FUND5 AVAILABLE $748,O22.56 $8,0o0.00 $1,023.155.09 2018 Budget 2018 Actuol $ VARTANCE $1,259,530.50 $0.00 $95,171.54 $1,356,989.76 $0.00 $1,130,373.91 $97,359.?6 $0.00 $1,o35,?02.37 ?ot9 Budget 2019 Revised $ VARIANCE $1,319,541.75 $0.00 $?79,?60.90 $1,3r9,54r.75 $0.00 $895,443.9? $0.00 $0.00 $616,r83.02 TOTAL FUND BALANCE $1.779.178.65 $ r,354,802.04 $ ?,487,363.67 $1,132,56r.53 $ r,598,802.65 $ ?,?t4,985.67 $516,183.02 03-18-19 TC PAcket Page 35 of 126 35 Special Events Fund-2018 Year-End (minus figures are unfavorable) Marketing Sales Taxes Other Revenue Accounts Total 2018 Revenue Variance Personnel Services Purchased Services Operating & Maintenance Marketing Special Events Remaining Expenditures Total 2018 Expenditure Variance Total 2019 Revenue Revisions Summer Marketing - Advertising Total 2019 Expenditure Variance (Exceeded budget by 7.42%l (Co-Op Reimbursement/Event Sponsorship/lnterest lncome) (Staffing Changes throughout the year) (Contract Service, savings in copier and postage costs) (Supplies and Miscellaneous) (winter Marketin&/Summer Marketing,/lce Age Discovery) (Winter events) Emotive Marketing-initiative to differentiate brand s s 357,433 22,004 389,437s s s s s s s s 39,966 25,5r2 29,223 135,507 55,438 9 1,101 376,746 s s s (1s0,000) (1s0,000) Revenues - 774 Events Tax Fund-2019 Revisions & 03-18-19 TC PAcket Page 36 of 126 36 TOWN OF SNOW,IAASS VILLAGE CAPTTAL EQUIP,IAENT RESERVE FUND BUDGET SUIA,IAARY DESCRIPTION 2077 Actuol BE6INNIN6 FUND BALANCE $1,038,434.59 REVENUES-Tronsfersln-Funds/Gronts $ 1,9O0,0O0.0O E(PENDITURES TOTAL REVEMJES TOTAL DOENDITURES N.t OperatirE Rev's/ExP $1,900,0o0.0o $r56,8s5.61 20tE Budgct 2018 Actuol $ VARIANCE 20r9 2019 Revised $ VARIANCEBudget $980,512.59 $t,195,?9O.?O $ 214,777.61 $ 1,520,0O0.OO $ 1,52O,OOO.0O $ $4?2.921.OO\ ($186.066.00) $236,855.00 $1,52O,0OO.OO $1,520,000.00 $ $422.92t.OO\ ($186.066.00) $ 236.855.00 $1.o97,o79.OO $1,333,934.00 $ 236,855.00 $?,292,369.2o $2,529,224.20 $ 236,855 $ 1,470,000.00 $ 1,470,OOO.OO $ ($553.853.00) $1,47O,OOO.0O ($563.863.00) $906.137.OO ($806.286.00) $ (242,423) $1,47O,OOO.OO $0 ($806.286.00) $242.423\ $663,714.00 ($242.423) ENDING FUND BALANCE $1,t95,29O.2O $2,O77 ,59t.59 $2,529 ,224.20 $ 45r,632.61 $3,198,506.20 $3,19?,938.20 $ (5,568) 2017 ActualFUND BALANCE.DESIGNATIONS/F Generol Fund Reserve Retl Fund Reserve-Parks and Troils Rett Fund Reserve-Pool and Rec Rett Fund Reserve-Tronsportotion Rood Fund Reserre $458,353.45 $8,768.4O $10,O0o O0 $377,890.85 $340.?77.50 TOTAL FUND BALANCE $1,195,29O.2O 2018 Budgct 2018 Acfual $ VARIANCE 2019 2079 Revised $ VARIANCEBudget $481,036.80 $?9,238.89 $15,00o.0o $1,043,188.90 $509j27.OO $788,353.45 $38,768.40 $15,0O0.OO $996,824.85 5690.277.50 307,316.65 9,529.51 (46,354.O5) 181,150.50 $2,O77,591.59 $2,529,2?4.20 $ 45r,63?.61 $461,985.45 $68,768.4O $20,0oo.o0 $t,615,474.85 $1.O32 .277 .50 $461,985.45 $ $58,768.40 $ $2O,OO0.O0 $ $1,609,906.85 $ $r.o3?.277.50 $ (o) (5,568) $3,198,506.20 $3,192,938.2O ($5,568) 03-18-19 TC PAcket Page 37 of 126 37 (minus figures are unfavohble) Other Revenue Accounts Total 2018 Revenue Variance solid Waste-Purchase Remaining Expenditures (Moved to 2019) Total 2018 Expenditure Variance Total 2019 Expenditure Variance Solid Waste-purchase s 5 s s 242,423 (s,s58) S zls,sss 5 242,423 $ CERF Revisions 03-18-19 TC PAcket Page 38 of 126 38 TOWN OF SNOWAAASS VILLAGE POST 6RANT FUND BUDGET SU,I,IA,IARY DESRTPTTON BE6INNIN6 FUND B^LANCE REVENUEs EXPENDTTURES 2017 Actual $o.oo $ 125,504 73 $ 2018 Budget 2018 Revised $ VARIANCE ?ot9 Rcvised 2019 $ VARIANCEBudget $0 00 $o.oo $o.oo $ $ 363,765.OO $ (363,765.oo) $ 337,179 63 $ (ss7,179.63) $ (26,585) 26,585 $0.00 $o.oo $o.oo $ $ 95,998.00 $ (95,998.00) $ 122,583 00 (122,583.00) $ $26,585 00 (26,585.00) ENDINc FUND BALANCE $o.oo $0.0o $o.oo $0.00 $0.00 $o.oo $0.00 i125,5O4.73 $122,583.00 ($122.583.00) $26,585.00 ($26.585.00'l $0.oo $0.0o $o.oo $0.o0 $0.o0 $0.00 $0.00 03-18-19 TC PAcket Page 39 of 126 39 (minus fiSures are unfavorable) State Grant Funds for POST Total 2018 Revenue Variance (Moved forward to 2019) Grant Funds (Unspent Grant Funds carried to 2019) (Additional POST Grant Funds) Total 2019 Expenditure Variance (Expenditures from Grant Funds to 2019) s (26,s8s) $ (26,s8s1 26,585 26,585 s s 5 26,585 I (26,s8s) & POST Total 2018 Expenditure Variance & Revisions 03-18-19 TC PAcket Page 40 of 126 40 TOWN OF SNOWAAASS WLLAGE CAPITAL IiUPROVE,TAENT PROJECTS BUDoET SUll'tAllARY 20L7 ActElOESCRIPTION SE6INNIN6 FUND B^L NCE 11.479.790.24 REVENUES $4,U0.300.00 EXPENDITURES TOT^L REVENUES TOTTL E(PENDITUIES N.t Or.EttE R.v,r/Exp $4.ll0,300.00 J2,69t.445.69 FUND B L^NCE.DESIENATIONS/RESERVES 2018 8!d9.t 20tE Actuol t VARIANCE 2019 Eld9.t 20L9 R.vis.d t VARIANCE $43,888.24 '4/7t,235.93 $4127,347.69 $2,754.500.00 $2.704.500.00 ($50.0O0.O0) /$6.652 352 00), $2,754 ,5OO OO ($6.652 352.00) (t3. E97.8s2.00) ($1.429.854.71) $2,704.50O.0O ($t 429 854.71\ iL,274.U5.29 J5.222 .497.29 ($50,0o0.00) $5.?22 497.29 $5.L72,497.29 $4,289,680.93 $5A45.881.22 $t,t56?@.29 $2.270.797.& $2,32O.797.00 $s0,0o0.00 r$6 287 094.001 s2?7O,797.0O ($6 .287 .O94 .OO\ (t4,016,297.OO) ($6 936.067.00) $2.320.797.OO t$6.936 067.00r (la.615,270.00) ($648.973 00) $50,0o0.00 ($648.973.00) (s598,973.0O) ENOINC FUND 8^LANE $4,171,235.93 ($3.853.963 76) $5.445.A8t 22 $9,299.844.98 $273.383.93 s830.611.22 $557.227.29 20L7 Act@l ---i54Er3r.u $ 112.80O.25 $0.00 $396.359.20 $t4.292.0O $815.000.00 $1.650,000.00 $181.331.82 $181.331.82 13,897.E52.3.r Funds /(6ilobl.-&hcml Fund Funds AEilobl.-RETT Fund Funds ^wilobl.-Hdsiig Fund Funds Awilobl.-Excis. Tq Futrd Funds Ahilobl.-r{ork tittr,/arct+ Sol.s Fund Fund Fund Vicw Fund Solcs Fund EEnlr Fud Sub-tot.l $ 147,013.03 $18,926.60 st07.44396 Fund Fund Fund Fund i608,5O4.72 $444,9t6.45 i282.2t9.06 ,400,00o.0o $14.292.0O $1.250.22a.42 $ 1,544,531.10 $269.237.93 $?69 237.93 15,083,167.6r $608.5O4.72 $444,916.45 $282.2t9.6 $40o,0oo.oo $t4,292.N $t,250,228.42 $1,544,531.10 $269237.93 s269?37.93 $5,083.r67.6r 2016 t VARIANCEBud9.t 20LA Actuol $0.00 $0.00 $0.00 $0.00 $0.o0 $0.00 $0.0o $o.00 $0.00 lo.q, ($3,853.963.76) $0.00 $0.00 $0.00 $0.00 $175,066.14 $80,203.5r $to7.443.96 $0.00 $o.00 54.O29.029.90 $80.203.5r $107.443.96 $0.00 $0.00 $1,188.72 $0.45 $0.06 $0.10 $0.00 s228.42 $0.00 i233/39.93 t233.239.93 1167,897 .61 $r,r88.72 $0.45 $0.06 $0.1o $o.oo 5228.42 $0.00 $233,239.93 $233,239.93 i467.E97.6t 20L9 $ VARIANCEBud9.t 20L9 R.var.d $t75,O66j4 $80.203.51 $107,443.96 $0.m $0.00 i28,O52.86 $6t,276.66 $0.00 ($0.20) $0.36 $0.00 $0.00 $0.00 $0 oo $0.00 $0.00 $0 00 $o 00 $0.00 10.0o $147,013.28 $18.926.85 $107,443.96 $0.20 ($0.36) IOTAL FUND BALANCE j4.t7L.235.93 ($3,E53.963.76) 15.145,AA1.22 19.299.844.9A 1273.3E3.93 tE3O,611.22 J557,227.29 03-18-19 TC PAcket Page 41 of 126 41 CAPITAT IMPROVEMENT PROGRAM FUND BUDGET SUMMARY Transfers Transferi ln-Genehl Fund-Holy Cross Enhancement Transfers ln-RETT Fund Transfers ln-Road Fund Transfers ln-Excise Tax Fund Transferr ln-Marketing Fund Transfers lh-Group Sales Fund Transfers ln-REOP Fund Trahsfers lh-Housint Fund Transfers ln-Mountain View Fuhd EOTC Contributions Grants Total Revenues 2077 Actual 892,800 167,500 400,000 100,000 100,000 800,000 1,650.000 2018 Actual 2018 Variance 2018 Budget 2019 Budget 2019 Revired 2019 Variance s 5 ) s ) s s ) s s s s s s s s s s s s s 5 s s s s s s s s s s s s s s s s s 696,500 424,700 533,900 100,000 100,000 450,000 50,000 696,500.00 824,100,00 533,900.00 100,000.00 100,000.00 450,000.00 (5o,o0o.0ol 312,977 992,886 215,000 50,000 200,000 200,000 300,000 s s ) s s s s s s s s s s 3!2,gLL 992,886 215,000 50,000 200,000 200,000 :so,ooo 50,000 5 2,270,797 2,320,797 50,000 03-18-19 TC PAcket Page 42 of 126 42 CAPITAL IMPROVEMENT PROGRAM FUND EUDGET SUMMARY FACil-rTtES Gen'lGov't-MarketingReconfigurationlmprumehts S Gen'lGov't-Town Hall/Rec Cntr/pw Facility MBCx tmprvmnts S Transp/Fleet-Town Park Station Concrete Prjct Transp/Fleet-Parcel C Restroom Rpr & Remodel Transp/Fleet-Meadow Ranch 8us Stop project Transp/Fleet-Mall - RFTA Depot Transp/Fleet-Daly Lane Depot Roof Cultural and Rec-Rec Center Locker Room Expansion Cultural and Rec-Rec Ctr-Pool Rehabilitation Sub-total - Facilitie!s 376,162 s 28,511.7s s 347,6s0.25 s 759,931 5 819,443 S 20!7 Actual S 1s,484 s s 5,411 s s ss- s 21,89s 5 72,484 ss 705,447 ss 131,08s 5 so,o00 s s s 77.742 s 487.78 s s s S 10,881.75 s 5s fl.r42.22 s s s s s ) ) s 77,996.-22 105,447.00 L20,207.25 50,000.00 72,444 50,000 LOs,4_41 242,OOO 300,000 s s 5 $ s s 5 ) 71,996 s 50,000 s 105,447 s.S 242,OOO 5 35o,OOO s-s-s 488 6,490 s-s I.AND & I.AND IMPROVEMENTS Parki and Trails- Softball Field Redesign and lmprovements Parks and Traili- FishinS Pond-Outlet Structure lmprovements Parks and Trails - lce Rink Relocation Parks and Trail3 - Skate Park Repairs Parks and Trails - Hard Surface Trail lmprovements Parks and Trails - Soft Surface Trail lmprovements Parks and Trails- Twh Prk Station Pond-Outlet Structure lmprv Parks and Trails- lce Rink Equipment Sub-total - Land & Land lmprvr ROAOS ANO STREETS Streebcape - Median Improvements Streetscape - Guardrail Replacement Program StreeBcap€ - Retainihg Wall Replacement program Street lmprovements - Bridge Program Street lmprovements - Brush Creek/Owl Creek Rd lntersctn ltr Multi-Modal/Alt Mobility - Fairway 3 Bike path Multi-Modal/Alt Mobilitv - Hard Surface Traits Multi-Modal/Alt Mobility - Bru Crk Rd Crossang tmp Multi-Modal,/Alt Mobility - 8ru Crk Rd Pedestrian lmp-sinclair Multi-Modali/Alt Multi-Modat/Att s 5 s sS 15o,ooo S 2s,ooo s $ 244,46s 5 78,6s8.37 S 16s,806.63 s |7S,OOO s 279,529 s s 3,s73 5 s 5S 1s4,so1 ss 8,278 s 30,000 s 195,3s2 s s s 5 ) 5 s 5 s ) s s s s 25,000 158,112 25,OOO 77,4L7 46,727.73 150.00 8,112.00 77,471.50 101,000 10,800 a,772 724,553 14,412.87 10,550.00 ,r,rrr.ro s s s s s s ) 34,895 25.000 85,000 40,000 797,627 or,rro 27,395 25,000 85,000 40,000 35,000 ,o.ooo 34,895.00 25,000.00 162,62;..-8o 43,510.00 52.91 737,372.20 s $ s s s 5 s s s s 5 s s s 5 5 s 34,895 25,000 300,000 - 43,510 200,500 s s 5 ) ) ) s s s s 5 s s ) s s s s s s 17, L27,204 Mobility - Woodbridge Maintenance/Upgrad Mobillty-BruCrkRdPedestriantmp-TownP S 37,2g3 200,447.09 5 78,717S 317,oss 5 298,277.56 5 18,777.44 S 164,497 s 920,960 s 635,096.8s s 284,863.1s $ 252,39s s 444,809 s 2019 BudBet 2019 Revised 2019 Variance 2018 Budget 2018 Adual 2018 Variance s s s s s s s 5 03-18-19 TC PAcket Page 43 of 126 43 CAPITAL IMPROVEMENT PROGRAM FUNO BUDGET SUMMARY UTILITIES Snowmelt - MBCx Snowmelt lmplemntation Design Utllitler - UpperTown Hatl Entry & Lights Snowmelt - Snowmelt Lot 2 Boiler Replacement project Sngwmelt - Snowmelt Parcel C Boiler Replecement Project lJtilitl€s - Solar Renewables project Utilities - Micro Hydro Renewables project Snowm€lt - Snowmelt BV Controls project SuEtotal - Utiliti€! STRATEGIC PI.ANNING Plannint & Consult - Communaty plah Planning & Consult - Entryway (Phase It) planning project Sub-total - Strategic plannin! STORM WATER & DRAINAGE Storm Water and Orainage - Stormwater ManaBement plan Sub-total - Storm Water & Drainat( 2077 Actual S s8,332 s 42,800 S 101,132 S 14s,879 S 14s,879 COMMUNICATION AND TECHNOTOGY Comm &Tech - Parking Lot Licensing Sy5tem Comm & Tech - Network CablinB Enhancements Comm & Tech - Council Chambers/Mtg Room AV Comm & Tech - Municipal Fiber Network or Wireless Me5h Comm & T€ch - 800 Mhz Radio System Sub-total - Communications & Technolog\ 24,320 44,859 s 487,86s s ss7,044 HOUSING Housint Proieds - Brush creek & Palisades Bldg Renovations S 103,841 Housint Proiects - Housing Land Opportunities S Housing Proiects - Coffey place sub-total-Housini $ 107,482 OTHER CIP Solid Waste - Solid Waste Management plan Solid Waste - Town Hall Trash/Recycle Dumpster Shed Snowmass Tourism - Product Ehhancements SuEtotal - Other Ctt s 124,573 Total Expenditures s s 5 124,s73 2018 Budget 2018 Actual 2018 Variance 2019 Budget 2019 Revised 2019 Variance s 1,s56,909 s 1,s88,201 s (21,292) s s,s33 s (s.s33) s 30,ooo s (30,000) s 35,s33 s (3s,s33) s 3s,ooo 5 32,s2r 5 2,479 s 3s,om 5 32,s27 5 2,479 ssssssS 25,ooo S 2s,ooo s 10,000 s 1o,ooo $ 3s,000 s 35,ooo s sss s 5O,OOO s 50,000 s 5 2,946,359 S 3,194,531 5 1248,112) s 2,995,3s9 s 3,244,531 I (248,172) ls 1o,ooo s 2o,ooo s (1o,ooo) I S 36.soo S 36,soo S I s 4oo,ooo s 4oo,ooo s ls 446soo s .s.Foo s (ro^ooo) 5 ) s 5 5 s s $ L4,292 7,000 242,279 29L,aO4 896,886 96,000 282,2r9 291,804 896,886 95,000 l,t4,292) (7,000) 5 5 s s sss 5 7,123,292 S 509,976.74 S 613,315.25 5 29,434 S 23,901.49 S 5,532.51 s 30,000 s 30,000.00 s s9,434 s 23,901.49 s 3S,S32.s1 S 3s,ooo 5 2,478.7s S 32,52r.2s s 3s,000 5 2,478.75 s 32,521.2s ssss-ssssss 2s,ooos s 2s,ooo.oos 1o,ooo s 9,931.08 s 68.92 s 3s,00o s 9,931.08 s 2s,058.92 S 15,ooo 5 74,77158 5 228.42sss S 3,296,359 S 101,828.10 S 3,194,530.90 s 3,311,3s9 $ 115,599.58 s 3,194,759.32 S 2o,ooo5 5 2o,ooo.oo s 36,s00s s 36,soo.oo S 490,180 S 23,7oo.oo S 466,480.00 s s45,580 s 23,7m.00 s s22,980.00 s s s s s s s s s s s s 14,292.00 25,000.00 242,279.06 29L,a04.20 1-4,292 25,000 491,000 593,000 20a,740.94 301,195.80 1.429.854.71 s.222.497.29 5 5,287,094 5,936,057 (548,97311,418,8s4 | S G,Gs2,3s2 'EXP 2,69t,44G I g (3,897,8s2)1,274,645.29 5,L72,497.29 s s s s sss 03-18-19 TC PAcket Page 44 of 126 44 >>::::>:>::>>>>> ! esgggge8AAeegsed;d^noioino6.6-3.et_aiac.eli8fl8!: - - - a -- - 3 d5.E i; r J!;::; E:i"",E! ;EElEi >:-3 5 i,9 !3 i EEI ! gli E f;: EE;E iE;cIS!g=-93!tsri EEgiS;Eg: 5E I E i; !;;iiI ? 9 -a I- 9 iII rtE? a: aa ae €€ !! : !t I : 3E 5s NEg! I I : I f,In 5l elI ;l E E ! I x; 9l El PI:l rl n il d ; ; 0 ! E , a p !a : :! ! I T I c! g ! ?3 I z A* I E !Eggg! aUanjiE! !i:li EEiE t?!9 ?:f:.: 6l EE.lE l: E n i" E i i i - E_:: 03-18-19 TC PAcket Page 45 of 126 45 1 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: March 18, 2019 AGENDA ITEM: SECOND READING OF ORDINANCE NO. 04, SE RIES OF 2019 - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO AMENDING THE SNOWMASS VILLAGE MUNICIPAL CODE TO RAISE THE MINIMUM AGE FOR THE PURCHASE, POSSESSION AND CONSUMPTION OF TOBACCO PRODUCTS AND TO ESTABLISH THE MINIMUM AGE FOR THE PURCHASE, POSSESSION AND CONSUMPTION OF ELECTRONIC SMOKING DEVICES AND RELATED SUBSTANCES BY ADDING CHAPTER 9, ARTICLE 2 TO THE MUNICIPAL CODE PRESENTED BY: Rhonda B. Coxon, Town Clerk BACKGROUND: At first reading of this Ordinance on February 19, 2019 the Town Council directed staff to take out the license requirements and prepare the Ordinance for second reading. The Town Attorney has assigned a new Chapter in the Municipal Code and has applied those chapter’s in the Ordinance for second reading. FINANCIAL IMPACT: The Town will continue to collect the state tobacco tax – approximately $15,000 / year. STAFF RECOMMENDATION: 1. Approve at Second Reading 2. Amend at Second Reading 3. Deny at Second Reading ATTACHMENTS: A. Ordinance No. 04, Series of 2019 B. Exhibit A – Fees 03-18-19 TC PAcket Page 46 of 126 46 SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 ORDINANCE NO. 04 4 SERIES OF 2019 5 6 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS 7 VILLAGE, COLORADO AMENDING THE SNOWMASS VILLAGE MUNICIPAL 8 CODE TO RAISE THE MINIMUM AGE FOR THE PURCHASE, POSSESSION AND 9 CONSUMPTION OF TOBACCO PRODUCTS AND TO ESTABLISH THE MINIMUM 10 AGE FOR THE PURCHASE, POSSESSION AND CONSUMPTION OF 11 ELECTRONIC SMOKING DEVICES AND RELATED SUBSTANCES BY ADDING 12 CHAPTER 9, ARTICLE 2 TO THE MUNICIPAL CODE 13 WHEREAS, diseases related to cigarette smoking remain one of the largest 14 public health concerns nationwide, and in the State of Colorado, lung cancer is the 15 leading cause of preventable death, accounting for 5,100 deaths each year; and 16 WHEREAS, 90 percent of adult smokers started smoking before the age of 18, 17 and each day more than 3,000 adolescents in the U.S. try their first cigarette; and 18 WHEREAS, since 2014, after decades of effective anti-smoking campaigns and 19 decreasing smoking rates in the U.S., there has been a surprising increase in youth 20 tobacco use; and 21 WHEREAS, over 320 localities and five states in the U.S. have enacted into law 22 regulations prohibiting the sale of tobacco products to individuals under the age of 21; 23 and 24 WHEREAS, research demonstrates that raising the minimum age is effective in 25 curbing high school tobacco use by up to 50 percent; and 26 WHEREAS, research shows that teens purchase cigarettes from peers and that 27 90 percent of the "social sources" (i.e. friends and family) of tobacco for 12- to 18-28 year-olds are 18- to 21-year-olds; and 29 WHEREAS, research has also shown that youth do not routinely make the 30 effort to travel to neighboring localities if the minimum sales age is increased to 21 in 31 their home municipality; and 32 WHEREAS, there has been a sharp uptick in vaping by middle and high school 33 students through use of electronic smoking devices like e-cigarettes. E-cigarettes are 34 now the most commonly used tobacco product among youth. According to a 2016 U.S. 35 Surgeon General report, more than three million youth in middle and high school, 36 including about one of every six high school students, used e-cigarettes in the past 37 month, and more than a quarter of youth in middle and high school have tried e-38 cigarettes. A recent CDC study shows that Colorado leads 37 states surveyed for use 39 of e-cigarettes among high school students and nearly six percent of those student’s 40 report using electronic smoking devices regularly; and 41 03-18-19 TC PAcket Page 47 of 126 47 19-04 TC Ord Page 2 of 8 WHEREAS, the substances consumed via electronic smoking 42 devices can include nicotine, flavorings, and toxic particles, and electronic 43 smoking devices can also be used as delivery systems for marijuana and 44 other illicit drugs; and 45 46 WHEREAS, public health advocates warn that vaping can lead to long-term 47 health risks and nicotine addiction in teenagers; and 48 49 WHEREAS, raising the minimum age for the purchase, use and 50 possession of electronic smoking devices and substances to be consumed 51 through such devices may reduce youth initiation and overall usage rates; 52 and 53 WHEREAS, research indicates that by combining enforcement efforts 54 to include possession, use and purchase laws may reduce underage tobacco 55 use; and 56 57 WHEREAS, the Town Council finds and determines that the enactment 58 of the regulations set forth herein is in the interest of the public health, safety, 59 and welfare of the residents of the Town of Snowmass Village. 60 61 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 62 Snowmass Village that the Snowmass Village Municipal Code is hereby amended by 63 adding Chapter 9, Article 2 which shall read as follows: 64 Section 1. The foregoing recitals are hereby adopted as findings and 65 determinations of the Town Council. 66 67 Section 2. Chapter 9, Article 2 of the Snowmass Village Municipal 68 Code shall be amended by adding the language below: 69 70 Sec. 9-21. Sale of cigarettes: -tobacco products. and electronic 71 smoking devices. 72 73 (a) For purposes of this Code, the following words shall have the 74 meanings ascribed hereafter: 75 76 Cigarettes means any product that contains tobacco or nicotine. including 77 but not limited to premanufactured cigarettes and/or hand-rolled cigarettes. 78 that is intended to be burned or heated under ordinary conditions of use, 79 and consists of or contains: 80 81 (1) any roll of tobacco wrapped in paper or any other substance 82 not containing tobacco; 83 84 (2) tobacco in any form that is functional in the product, which 85 because of its appearance the type of tobacco used in the filler, 86 03-18-19 TC PAcket Page 48 of 126 48 19-04 TC Ord Page 3 of 8 or its packaging or labeling, is likely to be offered to or purchased 87 by consumers as a cigarette; or 88 89 (3) any roll of tobacco wrapped in any substance containing 90 tobacco that, because of its appearance the type of tobacco used in 91 the filler or its packaging and labeling is likely to be offered to or 92 purchased by consumers as a cigarette described in subparagraph 93 (1) above. 94 95 (4) The term includes all "roll-your own" i.e., any tobacco that, 96 because of its appearance type packaging or labeling, is suitable for 97 use and likely to be offered to or purchased by consumers as 98 tobacco for making cigarettes. 99 100 Electronic smoking device means an electronic device that, when 101 activated, emits a vapor aerosol, fume, or smoke that may be inhaled or 102 absorbed by the user including but not limited to an e-cigarette, e-cigar, e-103 pipe, vape pen, e-hookah, and similar devices. Electronic smoking device 104 includes any component, part, or accessory of such a device, whether or 105 not sold separately, and includes any substance, with or without nicotine, 106 intended to be aerosolized, vaporized, or which produces a fume or smoke 107 during the use of the device intended for human consumption. 108 109 Proprietor means a person with an ownership or managerial interest in a 110 business. An ownership interest shall be deemed to exist when a person has 111 a ten percent or greater interest in the stock, assets. or income of a business 112 other than the sole interest of security for debt. A managerial interest shall be 113 deemed to exist when a person can or does have or share ultimate control 114 over the day-to-day operations of a business. 115 116 Tobacco product means (1) any product which contains, is made, or 117 derived from tobacco or used to deliver nicotine or other substances 118 intended for human consumption, whether smoked, heated, chewed, 119 dissolved, inhaled, snorted, sniffed, or ingested by any other means, 120 including but not limited to cigarettes, cigars, little cigars, cheroots, 121 stogies, perique’s, granulated, plug cut, crimp cut, ready rubbed and 122 other smoking tobacco, snuff, snuff flour, bidis, snus, mints, hand gels. 123 Cavendish, plug and twist tobacco, fine cut and other chewing tobaccos, 124 shorts, refuse scraps, clippings, cutting, and sweepings of tobacco: (2) 125 electronic smoking devices: (3) notwithstanding any provision of 126 subsections (1) and (2) to the contrary, "tobacco product" includes any 127 component, part, accessory, or associated tobacco paraphernalia of a 128 tobacco product whether or not sold separately. Excluded from this 129 definition is any product that contains marijuana and any products 130 specifically approved by the U.S. Food and Drug Administration for use in 131 reducing, treating, or eliminating nicotine or tobacco dependence or for 132 03-18-19 TC PAcket Page 49 of 126 49 19-04 TC Ord Page 4 of 8 other medical purposes when these products are being marketed and 133 sold solely for such approved purpose. 134 135 Tobacco paraphernalia means any item designed for the 136 consumption, use, or preparation of Tobacco Products. 137 138 Tobacco product retail location means any premises where Tobacco 139 Products are sold or distributed to a consumer, including but not limited to 140 hookah bar, lounge, or cafe, any grounds occupied by a retailer, any store, 141 stand, outlet, vehicle, cart, location, vending machine. or structure where 142 Tobacco Products are sold. 143 Tobacco product retailer means any person who sells. offers for sale or does or 144 offers to exchange for any form of consideration Tobacco Products. "Tobacco 145 Product Retailing" shall mean the doing of any of these things. This definition is 146 without regard to the quantity of Tobacco Products or Tobacco Paraphernalia 147 sold, offered for sale, exchanged, or offered for exchange. 148 Self-service display means the open display or storage of Tobacco Products 149 in a manner that is physically accessible in any way to the public without the 150 assistance of the retailer or employer of the retailer and a direct person-to-151 person transfer between the purchaser and the retailer or employee of the 152 retailer. A vending machine or other coin operated machine are forms of a 153 Self -Service Display. 154 Hearing Officer is the Municipal Judge for the Town of Snowmass Village. 155 156 (b) Any person who is engaged in Tobacco Product Retailing who knowingly 157 sells any Tobacco products to a person under the age of 21 commits an 158 offense and, upon conviction thereof, shall be punished by a fine of $50.00 for 159 the first offense, $150.00 or a summons with fine up to $2,650.00 for the 160 second offense, and $300.00 or a summons with fine up to $2,650.00 for the 161 third offense, and a summons with fine up to $2,650.00 for the fourth and any 162 subsequent offense(s). It shall be an affirmative defense to prosecute under 163 this Subsection that the person furnishing the cigarettes or Tobacco products 164 was presented with and reasonably relied upon a valid state driver' s license or 165 other government-issued form of identification which identified the person 166 receiving the cigarettes, Tobacco products as being 21 years of age or older. 167 168 (c) Any person who sells, gives, or otherwise supplies any Tobacco Product (s) 169 to a person under the age of 21 is subject to a civil penalty of $50.00 the first 170 violation, $150.00 for the second violation, and $300.00 for the third and any 171 subsequent violation(s). 172 173 (d) A Proprietor is responsible for the actions of its agents and employees 174 regarding the sale of Tobacco Products, and the illegal sale of any Tobacco 175 Products to a person under the age of 21 at the Proprietor's Tobacco Product 176 Retail Location may result in the assessment of a civil penalty to the Proprietor 177 in the following amounts: up to $1,000.00 for the first violation, up to $1,500.00 178 03-18-19 TC PAcket Page 50 of 126 50 19-04 TC Ord Page 5 of 8 for the second violation, and up to $2,000.00 for the third and any subsequent 179 violation(s). A conviction pursuant to Subsection (b), above shall constitute 180 prima facie evidence of a Proprietors violation of this Subsection. 181 182 (e) Any person under the age of 21 who purchases or attempts to purchase any 183 cigarettes or Tobacco products, and/or is found to be in possession of any 184 cigarettes or Tobacco products is subject to a civil penalty of $50.00 for the first 185 violation. $1500.00 for the second violation, and $300.00 for the third and any 186 subsequent violation(s), except that, following the issuance of a civil penalty a for 187 a first offense under this Subsection, the Municipal Court in lieu of the civil 188 penalty may permit the person to participate in a tobacco or vaping 189 education program. The Court may also allow such person to perform 190 community service and be granted credit against the civil penalty fine and 191 court costs at the rate of $5.00 for each hour of work performed, for up to 50 192 percent of the civil penalty amount, fine and court costs. 193 (f) For the purposes of this section, each incident at a different time 194 and occasion is a violation. 195 196 (g) No person shall sell or permit the sale of Tobacco products by use of 197 Self-Service Display V ending machine or other coin operated machine. 198 Tobacco Product Retailers shall stock and display all Tobacco Products 199 in a manner to make all such products inaccessible to customers without 200 the assistance of a retail clerk. thereby requiring a direct face-to-face 201 exchange of the Tobacco Products from an employee of the business lo 202 the customer. Cigarettes may be sold at retail through Self-Service 203 Displays only in: 204 205 (1) Factories, businesses, offices or other places not open to the 206 public; 207 208 (2) Places to which persons under the age of 21 are not permitted 209 access at any time during the day or night; or 210 211 (3) Places where the Self-Service Display vending machine is 212 under the direct supervision of the owner of the establishment or 213 an adult employee of the owner, including but not limited to 214 establishments holding a valid liquor license issued pursuant to 215 Article 47 of Title 12, C.R.S. 216 217 (h) Any person who sells or offers to sell any Tobacco, products 218 shall display a warning sign as specified in this Subsection. S aid 219 warning sign shall always be displayed in a prominent place in the 220 building the Tobacco Product Retail Location, shall have a 221 03-18-19 TC PAcket Page 51 of 126 51 19-04 TC Ord Page 6 of 8 minimum height of three inches and a width of six inches, and shall 222 read as follows: 223 224 WARNING 225 IT IS ILLEGAL FOR ANY PERSON UNDER 21 YEARS OF AGE TO 226 PURCHASE CIGARETTES, AND TOBACCO PRODUCTS, AND 227 ELECTRONIC SMOKING DEVICES AND, UPON CONVICTION, AND A 228 FINE MAY BE IMPOSED. 229 (i) Any violation of Subsection (h) above shall not constitute a 230 violation of any other provision of this Section. 231 232 (j) The police department will meet with licensee’s annually, or more often as 233 determined, to review training programs, signage and general procedures as 234 they relate to preventing retail sales of tobacco products to persons under the 235 21 years of age 236 237 (k) A person under the age of 21 who possesses or handles Tobacco 238 Products as part of that individual's employment at a Tobacco Product 239 Retail Location does not commit a violation of this Section so long as 240 such individual does not sell or provide Tobacco Products to a person 241 under the age of 21. 242 243 (l) The Licensee is responsible for developing procedures for the 244 selling of tobacco products. Procedures and training will be in 245 written form and available for review by the Snowmass Police 246 Department. The police department will meet with licensee’s 247 annually, or more often as determined, to review training programs, 248 signage and general procedures as they relate to preventing retail 249 sales of tobacco products to persons under 21 years of age. 250 251 Sec. 9-22. Penalties and fines. 252 (a) ln addition to any other penalty authorized by law, and if the Hearing Officer 253 determines based on a preponderance of the evidence, that the Licensee, or 254 any of the Licensee's agents or employees, has, violated any of the 255 requirements, conditions, or ‘prohibitions of this Article, or has pleaded guilty, 256 'no contest" or its equivalent, or admitted to a violation of any law relating to the 257 sale of tobacco to minors including but not limited to C.R.S. Section 18-13-121, 258 the Hearing Officer may consider a fine pursuant to the Town's Fee Schedule. 259 Sec. 9-23. Enforcement. 260 (a) The remedies provided by this Article are cumulative and in addition to any 261 other remedies available at law or in equity. ln addition to other remedies 262 provided by this Article or by other law, any violation of this Article may be 263 03-18-19 TC PAcket Page 52 of 126 52 19-04 TC Ord Page 7 of 8 remedied by a civil action brought by the Town Attorney, including but not 264 limited to nuisance abatement proceedings and injunctive relief. 265 (b) Causing, permitting, aiding, abetting, or concealing a violation of any 266 provision of this Article shall cause the offender to be subject to the penalties 267 set forth herein or in the Town of Snowmass Village Municipal Code. 268 Sec. 9-24. Effective date. 269 This Article shall become effective as of April 15, 2019 and enforceable on and 270 after that date. 271 Section 3. This ordinance shall not affect any existing litigation and shall 272 not operate as an abatement of any action or proceeding now lending under or 273 by virtue the ordinances repealed or amended as herein provided, and the 274 same shall be conducted and concluded under such prior ordinances. 275 Section 4. If any section, subsection, sentence, clause, phrase, or 276 portion of this ordinance is for any, reason held invalid or unconstitutional in a 277 court of competent jurisdiction, such portion shall be deemed a separate, 278 distinct and independent provision and shall not affect the validity of the 279 remaining portions thereof. 280 INTRODUCED, READ, APPROVED AND ADOPTED, as amended by the Town 281 Council of the Town of Snowmass Village at First Reading on February 19, 2019 upon 282 the motion of Council Member Madsen, the second of, Council Member Sirkus and upon 283 a vote of 4 in favor and 0 opposed. Council Member Shenk was absent. 284 INTRODUCED, READ, APPROVED AND ADOPTED, by the Town Council of 285 the Town of Snowmass Village at Second Reading on February 19, 2019 upon the 286 motion of Council Member _____, the second of Council Member _____, and upon a 287 vote of __ in favor and__0 opposed. 288 TOWN OF SNOWMASS VILLAGE 289 290 291 ________________________________ 292 Markey Butler, Mayor 293 294 ATTEST: 295 296 ________________________________ 297 Rhonda B. Coxon, Town Clerk 298 299 300 301 03-18-19 TC PAcket Page 53 of 126 53 19-04 TC Ord Page 8 of 8 APPROVED AS TO FORM: 302 303 ___________________________________ 304 John C. Dresser, Jr., Town Attorney 305 306 307 03-18-19 TC PAcket Page 54 of 126 54 Town of Snowmass Village Police Department Code Section Subject 2019 Fee Section 9-22 Conditions of the Tobacco Product Retail License 1st Offence $50.00 2nd Offence $150 or summons with fine up to $2,650 3rd offence -$300 or summons With fine up to $2,650 4th & Subsequent Offence – Summons with fine up to $2,650 Section 9-22 Penalties and Fines Fines up to $2,650 03-18-19 TC PAcket Page 55 of 126 55 MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: March 18, 2019 SUBJECT: Second Reading Ordinance No. 3, Series of 2019 – Marijuana Licensing and Regulations I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Conduct Second Reading on Ordinance No. 3, Series of 2019 II. BACKGROUND A. Colorado voters approved Amendment 64 to the Colorado Constitution which permits possession and use of marijuana for recreational purposes similar to alcohol. B. TOSV passed a temporary moratorium in September 2013 which will expire April 30, 2019. C. After numerous work sessions and discussion, Council directed Staff to prepare an implementation Ordinance to allow Retail Marijuana Stores in TOSV. III. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Discussion of the implementation Ordinance. IV. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council discuss and determine the course of action for the proposed local marijuana legislation. 03-18-19 TC PAcket Page 56 of 126 56 1 TOWN OF SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 ORDINANCE NO. 3 4 SERIES OF 2019 5 6 7 AN ORDINANCE AMENDING THE SNOWMASS VILLAGE MUNICPAL CODE 8 TO ALLOW STATE OF COLORADO LICENSED RETAIL MARIJUANA 9 ESTABLISHMENTS TO EXIST AND OPERATE IN THE TOWN OF 10 SNOWMASS VILLAGE IN ACCORDANCE WITH STATE OF COLORADO 11 LAWS AND REGULATIONS AND IN ACCORDANCE WITH TOWN OF 12 SNOWMASS VILLAGE LOCAL LICENSING REQUIREMENTS, 13 REGULATIONS AND OTHER RESTRICTIONS 14 15 WHEREAS, on November 6, 2012, Colorado voters passed Amendment 64 16 to the State Constitution which provides that persons 21 years of age and older 17 may legally possess and consume one ounce or less of marijuana without a 18 medical need, and for retail marijuana sales to be taxed and licensed similar to 19 alcohol sales; and 20 21 WHEREAS, while Retail Marijuana Stores are already permitted and 22 regulated in the State of Colorado and no Retail Marijuana Stores currently exist 23 in the Town of Snowmass Village; and 24 25 WHEREAS, possession or use of marijuana, as categorized by the State of 26 Colorado, remains illegal under federal law; and 27 28 WHEREAS, Amendment 64 to the State Constitution does not change 29 existing federal law; and 30 31 WHEREAS, the Colorado Department of Revenue through the Marijuana 32 Enforcement Division has established requirements and regulations for marijuana 33 sales and use in Colorado and has revised and amended the regulations 34 frequently; and 35 36 WHEREAS, Amendment 64 provides that local jurisdictions can prohibit or 37 regulate marijuana at the local level; and 38 39 WHEREAS, Town Council has considered State marijuana regulations as 40 may be applicable to the Town of Snowmass Village; potential tax implications; 41 local regulations pertaining to retail marijuana zoning, distribution, sale and/or 42 consumption in order to permit Retail Marijuana Stores in the Town of Snowmass 43 Village; and 44 45 WHEREAS, Town Council, after considering the foregoing regulations, tax 46 03-18-19 TC PAcket Page 57 of 126 57 2 implications, zoning concerns and defining time, place and manner restrictions and 47 regulations for the operation of Retail Marijuana Stores, has determined that the 48 moratorium on Retail Marijuana Stores should be permitted to expire on April 30, 49 2019; and 50 51 WHEREAS Town Council has determined that it is necessary for the 52 preservation of health, safety, and welfare to adopt this Ordinance to allow State 53 licensed Retail Marijuana Stores to exist in the Town of Snowmass Village in 54 accordance with the applicable State laws and regulations as well as Town of 55 Snowmass Village local licensing requirements and restrictions contained herein. 56 57 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 58 Snowmass Village that the Snowmass Village Municipal Code is hereby amended 59 by adding Chapter 9, Article 1, which Chapter reads as follows: 60 61 CHAPTER 9 62 63 ARTICLE I 64 65 Retail Marijuana Regulations 66 67 Sec. 9-1. Declaration of policy. 68 Town Council hereby declares that the purpose of this Chapter is to allow 69 Retail Marijuana Stores licensed by the State of Colorado to exist in the 70 Town of Snowmass Village (the “Town”) in accordance with applicable 71 State laws and regulations as well as Town local licensing requirements 72 and other restrictions set forth herein. Such local licenses are authorized 73 by the Colorado Constitution, state law and regulations and are intended 74 to be consistent with those for state licenses under state law and 75 regulations, except those requirements that are purely of local discretion 76 or concern. 77 78 Sec. 9-2. Colorado Retail Marijuana Code and regulations adopted. 79 Subject to local amendments that differ from the laws, rules, and 80 regulations adopted by reference in this section, the provisions of the 81 Colorado Retail Marijuana Code, C.R.S. Title 44, Article 12, Sections 101 82 – 1101 and the duly adopted provisions of Colorado Department of 83 Revenue, Marijuana Enforcement Division, Retail Marijuana Rules, 1 CCR 84 212-2, and as said provisions may be amended from time to time, are 85 adopted and made a part of this Code, as if set out in full. A copy of the 86 Colorado Retail Marijuana Code and all rules and regulations promulgated 87 pursuant thereto shall be kept on file by the Town Clerk and shall be 88 available for inspection during regular business hours. 89 Sec. 9-3. Definitions. 90 Except where specifically defined in this Section, the definitions contained 91 in the state constitution, the Retail Marijuana Code, and the rules and 92 03-18-19 TC PAcket Page 58 of 126 58 3 regulations promulgated thereunder shall apply to this Chapter. In 93 addition, the following definitions shall apply: 94 95 a) “Licensed Premises” means the premises specified in an 96 application for a license pursuant to this Chapter and the Retail 97 Marijuana Code, which are owned or in lawful possession of the 98 Licensee and within which the Licensee is authorized to 99 distribute or sell marijuana in accordance with the provisions of 100 the Colorado Retail Marijuana Code, C.R.S. Title 44, Article 12. 101 b) “Open and public” means a place open to the general public, 102 which includes a place to which the public or a substantial 103 number of the public has access without restriction, including 104 but not limited to highways, streets and sidewalks, 105 transportation facilities, places of amusement, parks, 106 playgrounds, and the common areas of public buildings and 107 facilities that are generally open or accessible to members of 108 the public without restriction. 109 c) “Openly” means not protected from unaided observation lawfully 110 made from outside its perimeter not involving physical intrusion. 111 d) “Publicly” means an area that is open to general access without 112 restriction. 113 114 Sec. 9-4. Licensing. 115 a) A Marijuana Licensing Authority (the “Local Licensing Authority”) 116 is hereby created and the Town Council shall act as the Local 117 Licensing Authority and said Local Licensing Authority is hereby 118 expressly authorized and empowered to issue only “Retail 119 Marijuana Store” Licenses, as defined in C.R.S. Title 44, Article 120 12, Section 103(28) and promulgate reasonable rules and 121 regulations as are necessary and proper to govern proceedings 122 before it, provided that such rules and regulations shall not be in 123 conflict with the applicable provisions of the laws and 124 regulations of the State or the Town made pursuant thereto this 125 Code or the Colorado Revised Statutes. 126 b) No person may operate a Retail Marijuana Store within the 127 Town without both a valid license issued by the Local Licensing 128 Authority and a valid license issued by the State Licensing 129 Authority; 130 c) A separate Local and State license is required for each specific 131 business and for each geographic location. 132 d) The Town Clerk is responsible for providing application forms, to 133 prospective applicants, and for generally supervising the 134 application process up to the point that an application is 135 complete. Once an application is determined to be complete: 136 i) the application and all supporting documentation shall 137 be forwarded to the Police Department; the 138 03-18-19 TC PAcket Page 59 of 126 59 4 Community Development Department and any other 139 person or agency the Local Licensing Authority 140 determines should properly investigate and comment 141 upon the application; 142 ii) the Police Department shall promptly obtain and 143 review a criminal background records search on the 144 applicant as well as the Security Plan for the 145 premises. The Police Department may use the 146 background records search conducted by the state for 147 any state marijuana license application if it is 148 available; 149 iii) the Community Development Department shall 150 promptly review the application to ascertain that the 151 Retail Marijuana Store is proposed to be located on a 152 premise that is: 153 1) within the TOSV Marijuana District as 154 shown on Exhibit “A” which is attached 155 hereto and made a part of this Ordinance 156 2) a permitted use pursuant to the Snowmass 157 Village Land Use and Development Code; 158 3) not located within 300 feet of a State 159 licensed child-care facility or another Retail 160 Marijuana Store as measured by walking 161 distance from public front/main door to 162 public front/main door; 163 4) not within a ski slope or ski lift buffer area 164 as depicted on Exhibit “B” which is attached 165 hereto and made a part of this Ordinance; 166 5) not a first or primary level storefront 167 location; and 168 6) signage on the premises may only contain 169 the “Green Cross” and the name of the 170 Retail Marijuana Store and signs are limited 171 to one sign on or at the front door of the 172 Retail Marijuana Store of not greater than 2 173 square feet and one sign to be located on 174 the windows or affixed to an outside wall of 175 the Retail Marijuana Store that does not 176 face any public or private roadway that is a 177 regular route of a Town Shuttle Bus, RFTA 178 Bus or School Bus of not greater than 4.5 179 square feet and all signage must also 180 comply with the State Retail Marijuana 181 Code, the Snowmass Village Municipal 182 Code and any Comprehensive Sign Plans 183 03-18-19 TC PAcket Page 60 of 126 60 5 adopted for signage in a specific 184 commercial area. 185 iv) any other person or agency the Local Licensing 186 Authority determines should properly investigate and 187 comment upon the application shall review and 188 comment accordingly; 189 v) applicants shall cooperate with the Local Licensing 190 Authority with respect to the review and investigation 191 of the application; 192 vi) the foregoing review process shall be completed 193 within thirty (30) days of the receipt of the complete 194 application by the referral entities or persons. 195 196 e) Upon receipt of a complete application for a local license, with 197 review and comments as provided herein, except an application 198 for renewal, for transfer of ownership, for modification of 199 premises or change of location within the Town, the Local 200 Licensing Authority will schedule a Public Hearing upon the 201 application. When the Authority schedules a hearing, it shall 202 post and publish public notice thereof not less than ten (10) 203 days prior to the hearing. The Local Licensing Authority shall 204 give public notice by the posting of notice in a conspicuous 205 place on the premises for which application has been made and 206 by publication in a newspaper of general circulation in 207 Snowmass Village, Colorado. 208 f) The Local Licensing Authority shall consider, pursuant to 209 provisions of the Retail Marijuana Code governing procedures 210 for applications, hearing and decisions for state licenses shall 211 apply for Town licenses, except as such procedures may be 212 amended by this Chapter, each application and either approve, 213 deny or conditionally approve an application within sixty days 214 (60) days of the closure of the Public Hearing or such additional 215 time as may be reasonably necessary, when, after considering 216 the application, any application forwarded to it by the State and 217 from such other information as may otherwise be obtained or 218 requested by the Authority, the Authority determines that the 219 application complies with the requirements of this article, 220 including the following: 221 (i) The application, including any required attachments and 222 submissions, is complete and signed by the applicant; 223 (ii) The applicant has paid the fees required by this Chapter; 224 (iii) The application does not contain a material falsehood or 225 misrepresentation; 226 (iv) The location of the Retail Marijuana Store is proposed to 227 be located on a premise permitted by the applicable zoning 228 and the land use code; 229 03-18-19 TC PAcket Page 61 of 126 61 6 (v) The location of the Retail Marijuana Store is not within a 230 ski slope or ski lift buffer area; 231 (vi) The location of the Retail Marijuana Store 300 feet of any 232 State licensed child-care facility or other Retail Marijuana 233 Store; and 234 (vii) The applicant meets or otherwise will meet all the 235 requirements of this Chapter, including the requirements of 236 the applicable State laws and regulations incorporated 237 herein. 238 g) The Local Licensing Authority shall make a final decision that 239 the application as provided in this Chapter meets all conditions 240 for the issuance of the parallel State License and meets all the 241 requirements of this Chapter, including the payment of all State 242 and Local fees. 243 h) The Authority shall provide the State with written notice of its 244 decision on each license application. 245 i) The Authority shall promptly notify the applicant of its decision 246 by giving written notice to the applicant at applicant’s current 247 mailing address. In the event of a denial or a conditional 248 approval, the Authority will provide the applicant with a written 249 statement containing the reasons for denial or the conditions of 250 the approval. 251 j) If the Local Licensing Authority approves conditionally or denies 252 a license, the licensee may appeal the conditional approval or 253 denial to the district court pursuant to Rule 106(a)(4) of the 254 Colorado Rules of Civil Procedure. The licensee’s failure to 255 timely appeal the decision is a waiver the licensee’s right to 256 contest the conditional approval or denial of the application. 257 k) All licenses issued shall be valid for one year from the date of 258 issuance and may be renewed as provided in the applicable 259 code, the applicable administrative regulations, and this 260 Chapter, unless the premises have been determined to be 261 inactive for ninety (90) days with cause. 262 l) The Local Licensing Authority may refuse to renew a license for 263 good cause, no license shall be renewed by the Local Licensing 264 Authority until the licensee provides verification that the license 265 has been renewed by the State Licensing Authority and 266 notwithstanding anything contained in this Chapter to the 267 contrary, a licensee has no vested right to the renewal of a 268 license, and no property right in the renewal of a license. 269 m) Change of location of any license shall be governed by the 270 standards and procedures set forth in the Retail Marijuana Code 271 and regulations adopted pursuant thereto and shall be 272 administered by the Local Licensing Authority in the same 273 manner as the state licensing authority administers changes of 274 location. No change of location of any licensed premises shall 275 03-18-19 TC PAcket Page 62 of 126 62 7 be approved by the Local Licensing Authority if the proposed 276 new location of the licensed premises is not a location that is 277 permitted by Town zoning or this Chapter. 278 n) Modification of the premises of any license shall be governed by 279 the standards and procedures set forth in the Retail Marijuana 280 Code and regulations adopted pursuant thereto and shall be 281 administered by the Local Licensing Authority in the same 282 manner as the state licensing authority administers modification 283 of premises. 284 o) Transfer of ownership of any license shall be governed by the 285 standards and procedures set forth in the Retail Marijuana Code 286 and regulations adopted pursuant thereto and shall be 287 administered by the Local Licensing Authority in the same 288 manner as the state licensing authority administers transfers of 289 ownership. 290 p) Manager and employee qualifications, registration and badging 291 shall be governed by the standards and procedures set forth in 292 the Retail Marijuana Code and regulations adopted pursuant 293 thereto. 294 q) All licensees shall provide a Community Engagement Plan 295 identifying how the organization plans to create positive 296 impacts, promote participation with the regulated marijuana 297 industry in the neighborhood where the licensed premises are 298 located including written policies and procedures to address 299 complaints by residents or businesses within the neighborhood 300 surrounding the licensed premises. 301 r) Each licensee shall designate a manager or employee as the 302 responsible party for neighborhood outreach implementing such 303 Community Engagement Plan. 304 305 Sec. 9-5. Suspension or Revocation of License. 306 A license issued by the Local Licensing Authority may be 307 suspended or revoked by the Local Licensing Authority in accordance with 308 the standards and procedures set forth in the applicable code, the 309 applicable administrative regulations, a violation of this Chapter, or in the 310 terms and conditions of a license issued by the Local Licensing Authority 311 and this Chapter. 312 a) When determining whether a license may be suspended, 313 suspended with reasonable conditions, a civil penalty or fine in 314 lieu or in addition to a suspension, or revoked, the Local 315 Licensing Authority may consider the nature and seriousness of 316 the violation; corrective action, if any, taken by the licensee; 317 i) prior violation(s), if any, by the licensee; 318 ii) the likelihood of recurrence; all circumstances 319 surrounding the violation; 320 iii) whether the violation was willful or deliberate; 321 03-18-19 TC PAcket Page 63 of 126 63 8 iv) the number of previous violations by the licensee; 322 v) previous sanctions, if any, imposed against the 323 licensee; and 324 vi) whether the owner or manager is the violator or 325 has directed an employee or other individual to 326 violate the law. 327 b) If the Local Licensing Authority suspends or revokes a license, 328 the licensee may appeal the suspension or revocation to the 329 district court pursuant to Rule 106(a)(4) of the Colorado Rules of 330 Civil Procedure. The licensee’s failure to timely appeal the 331 decision is a waiver the licensee’s right to contest the 332 suspension or revocation of the application. 333 c) No fees shall be refunded upon suspension or revocation of a 334 license. 335 336 Sec. 9-5. Fees. 337 An applicant for a new license shall pay to the Town a non-338 refundable operating fee when the application is filed. The purpose of the 339 fee is to cover the direct and indirect costs to the Town of administering 340 the local licensing established by this Chapter and is in lieu of any 341 separate application and licensing fees. 342 343 a) Retail Marijuana Store License - $1,000.00 fee 344 b) Retail Marijuana Store License Renewal - $750.00 fee 345 c) Transfer of Ownership - $500.00 fee 346 d) Change of Location - $750.00 fee 347 e) Modification of Premises - $500.00 fee 348 f) Change of Business Organization structure - $500.00 fee per 349 person. 350 351 Sec. 9-6. Prohibited Acts. 352 The following acts are prohibited and unlawful and are punishable 353 as set forth below: 354 a) The possession, use, or consumption of marijuana by any 355 person under 21 years of age, unless such possession, use 356 or consumption is authorized under of Title 44, Article 11 357 C.R.S. 358 i) A first offense shall be punished by a fine not to 359 exceed $100.00; 360 ii) A second offense shall be punished by a fine of not 361 more than $250.00, and 362 ii) Any third or subsequent offense shall be punished 363 as set forth in Snowmass Village Municipal Code 364 Section 1-72. 365 03-18-19 TC PAcket Page 64 of 126 64 9 b) The possession, use, or consumption of marijuana openly 366 and publicly by any person, including any private of public 367 vehicles traveling upon the public roadways of the Town. 368 i) A first offense shall be punished by a fine not to 369 exceed $100.00; 370 ii) A second offense shall be punished by a fine of not 371 more than $250.00, and 372 ii) Any third or subsequent offense shall be punished 373 as set forth in Snowmass Village Municipal Code 374 Section 1-72. 375 376 c) The transfer of any amount of marijuana by any person 377 twenty-one years of age or older to any person who is less 378 than twenty-one years of age. 379 i) Any offense shall be punished as set forth in 380 Snowmass Village Municipal Code Section 1-72. 381 382 d) Other than within licensed premises, the open and public 383 display of marijuana or marijuana products for sale, such as 384 at a Special Event. 385 i) Any offense shall be punished as set forth in 386 Snowmass Village Municipal Code Section 1-72. 387 388 e) The operation of any public or private club or business 389 allowing the consumption of marijuana on the premises. 390 i) Any offense shall be punished as set forth in 391 Snowmass Village Municipal Code Section 1-72. 392 393 f) The advertising to the general public of any Retail 394 Marijuana Store and/or marijuana products by any Licensee 395 which includes but is not limited to outdoor media, such as 396 handbills, leaflets, fliers, and billboards. 397 i) Any offense shall be punished as set forth in 398 Snowmass Village Municipal Code Section 1-72. 399 400 g) Any display of any marijuana product or paraphernalia 401 that is visible from any roadway or public walkway. 402 i) Any offense shall be punished as set forth in 403 Snowmass Village Municipal Code Section 1-72. 404 405 406 INTRODUCED, READ, APPROVED AND ADOPTED, by the Town Council 407 of the Town of Snowmass Village on First Reading on March 4, 2019 upon a 408 motion by Council Member Sirkus, the second of Council Member Madsen, and 409 upon a vote of five (5) in favor and none (0) opposed. 410 03-18-19 TC PAcket Page 65 of 126 65 10 411 INTRODUCED, READ, APPROVED AND ADOPTED, by the Town Council 412 of the Town of Snowmass Village on Second Reading on March 18, 2019 upon a 413 motion by Council Member ________________, the second of Council Member 414 _____________________, and upon a vote of ____ in favor and ____ opposed. 415 416 417 TOWN OF SNOWMASS VILLAGE 418 419 420 ________________________________ 421 Markey Butler, Mayor 422 423 424 425 426 ATTEST: 427 428 429 ________________________________ 430 Rhonda B. Coxon, Town Clerk 431 432 433 434 APPROVED AS TO FORM: 435 436 437 438 ___________________________________ 439 John C. Dresser, Jr., Town Attorney 440 441 03-18-19 TC PAcket Page 66 of 126 66 I.’IInahIIIII00CD-C,CDCDD01—.1CJ.(I,>CC1CDzCC/DCDCDC,,C-,C03-18-19 TC PAcketPage 67 of 12667 DQinIiDiiUIz00CD0C.,0011CD00CDCDIC(I.J“CtoCD“30CDC0CCCCriDCDCDC“C03-18-19 TC PAcketPage 68 of 12668 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: March 18, 2019 AGENDA ITEM: March 21, 2019 EOTC Preparation Meeting PRESENTED BY: David Pesnichak, Regional Transportation Administrator BACKGROUND: This goal of this meeting is to prepare Council for the upcoming EOTC meeting on March 21, 2019 and answer questions on this meeting packet. Staff will review portions of the agenda that were not previously covered at the February meeting, provide relevant updates and answer questions. FINANCIAL IMPACT: None. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Community Engagement, Safety, and Regionalism COUNCIL OPTIONS: Meeting is informational and to answer questions only. STAFF RECOMMENDATION: Staff will review portions of the agenda that were not previously covered at the February meeting, provide relevant updates and answer questions. 03-18-19 TC PAcket Page 69 of 126 69 ATTACHMENTS: 1. Agenda Item Summary for March 18, 2019 2. March 21, 2019 EOTC Meeting Packet 03-18-19 TC PAcket Page 70 of 126 70 AGENDA ITEM SUMMARY COUNCIL MEETING DATE:March 18, 2019 AGENDA ITEM TITLE:March 21, 2019 EOTC Meeting Preparation STAFF RESPONSIBLE:David Pesnichak, Transportation Administrator ISSUE STATEMENT:Prior to the March 21, 2019 EOTC meeting, Staff will provide an overview of the agenda items and answer questions related to the packet material and decisions to be made at the upcoming meeting. BACKGROUND: ​Staff met with the Town of Snowmass Village Town Council on February 19. At this meeting, Council had the opportunity to provide feedback on the March 21, 2019 EOTC meeting agenda. Staff also provided an update and received preliminary feedback on the below items: -EOTC Budget Impacts from the Passage of RFTA Ballot Measure 7A -Dynamic Message Sign (DMS) -Brush Creek Park and Ride FLAP Grant Improvements -EOTC Retreat Date At the preparation meeting with Council on March 19, Staff will answer any additional questions about the topics covered at the February 19 meeting as well as provide an overview and answer questions related to the additional EOTC agenda items that have not been previously covered. Staff would also like to provide a brief overview and / or receive comments on the following items: -Comments and/or Corrections: Decisions Reached from October 18, 2018 EOTC meeting -Overview: HOV Lane Enforcement -Overview: Aspen Country Inn EOTC Subsidized Rides -Overview: X Games Revenue vs. Cost David Peckler, Town of Snowmass Transportation Director, will provide an update on the Town of Snowmass Village Station at the EOTC meeting on March 21. At the March 21 EOTC meeting, while Staff will be providing a presentation of the action items (EOTC budget impacts from RFTA 7A, DMS, Brush Creek Park and Ride, and EOTC Retreat), a presentation is not anticipated for the Updates - Information Only agenda items which are discussed during this preparation meeting. However, Staff will be on hand to answer any additional questions related to these items on March 21. 03-18-19 TC PAcket Page 71 of 126 71 It is worth noting that this preparation format is experimental and will be adjusted as appropriate in the upcoming meetings. The goal of these adjustments is to streamline the full EOTC meetings to have the members ready to discuss each of the necessary items and focus the time on those items that require action. In addition, Staff feels that it is important to provide the EOTC members with appropriate background information and updates on germaine topics to help inform future decisions. BUDGETARY IMPACT: ​None. RECOMMENDED ACTION: ​Review March 21, 2019 EOTC packet. ATTACHMENTS:​ None. 03-18-19 TC PAcket Page 72 of 126 72 Elected Officials Transportation Committee (EOTC) Thursday, March 21, 2019 - 4:00pm Location - Town of Snowmass Village Council Chambers Host and Chair - Town of Snowmass Village ____________________________________________________________________________________ I.4:00 - 4:10 PUBLIC COMMENT (Comments limited to three minutes per person) II.4:10 - 4:30 EOTC BUDGET IMPACTS - PASSAGE OF RFTA 7A David Pesnichak, Transportation Administrator; David Johnson, RFTA Decision Needed: Reallocate Funding - BRT Connecting Service to TOSV III.4:30 - 5:00 DYNAMIC MESSAGE SIGN (DMS) and DISCUSSION OF PnR IV.5:00 – 5:30 BRUSH CREEK PnR - FLAP GRANT IMPROVEMENTS David Pesnichak, Transportation Administrator; Brian Pettet, Pitkin County Decision Needed: Provide Feedback V.5:30 – 6:00 SET DATE FOR EOTC RETREAT David Pesnichak, Transportation Administrator Decision Needed: Identify Date for Retreat VI.6:00 – 6:45 UPDATES-INFORMATION ONLY A.TOSV TRANSIT STATION UPDATE David Peckler, Town of Snowmass Village 1 Page 3Page 3 NAME Page 10 David Pesnichak, Transportation Administrator; Chris Baroody, Pitkin County Decision Needed: Reallocate Funding, Provide Feedback, and Discuss PnR Name Page 20 Page 31 Page 33 03-18-19 TC PAcket Page 73 of 126 73 B.HOV LANE ENFORCEMENT David Pesnichak, Transportation Administrator C.ASPEN COUNTRY INN David Pesnichak, Transportation Administrator D.X GAMES REVENUE VS. COST David Pesnichak, Transportation Administrator *Next meeting is June 20, 2019 - Pitkin County to Host & Chair 2 Page 34 Page 36 Page 39 03-18-19 TC PAcket Page 74 of 126 74 ELECTED OFFICIALS TRANSPORTATION COMMITTEE (EOTC) AGREEMENTS & DECISIONS REACHED AT THE OCTOBER 18, 2018 MEETING Location - Aspen City Council Chambers City of Aspen - Host & Chair Elected Officials in Attendance: Aspen - 5 Pitkin County - 4 Snowmass - 4 Bert Myrin Rachel Richards Markey Butler Adam Frisch Greg Poschman Bill Madsen Ward Hauenstein George Newman Tom Goode Steve Skadron Steve Child Alyssa Shenk Ann Mullins Absent​: ​Patti Clapper, Bob Sirkus ______________________________________________________________________________ Agreements & Decisions Reached REVIEW OF DECISIONS REACHED AT THE JUNE 14, 2018 MEETING John D. Krueger-City of Aspen ADOPTION OF 2019 MEETING DATES March 21, 2019 - Snowmass Host June 20, 2019 - Pitkin County Host October 17, 2019 - City of Aspen Host These 2019 meeting dates were approved. SPECIAL ANNOUNCEMENTS Brian Pettet:​ Retirement of Tom Oken from Pitkin County and departure of Rachel Richards, whose term expires following this meeting. And introduction of David Pesnichak, new Regional Transportation Administrator. PUBLIC COMMENT No Public Comment 303-18-19 TC PAcket Page 75 of 126 75 PROPOSED 2018 BUDGET & MULTI-YEAR PLAN Tom Oken-Pitkin County Decision Needed: Approval of the 2019 Budget & Multi-year Plan Tom presented the proposed 2019 EOTC budget and multi-year plan. He reviewed the funding sources for 2018 and projections for 2019. Tom then went through the ongoing/operational funding uses for the 2019 base budget. The base budget was considered and approved. 2019 Base Budget: Decision Reached: Approval of the 2019 Base Budget as follows: ●Use Tax Collection Costs $93,280 ●Administrative Costs $24,810 ●Country Inn Taxi Program $4,000 ●X-Games Subsidy $115,000 ●Brush Creek Intercept Lot $32,000 ●No-fare Aspen-Snowmass-Woody Creek Service $662,158 ●We-Cycle Operational Support- (2 years 2018/19)$100,000/year ●Brush Creek BRT Connecting Service $419,587 o Spring, Summer, Fall o (50% from Snowmass savings account) ●Regional Transportation Planner-(Ongoing)$141,076 The new funding requests for 2019 were presented for consideration and approval. The ongoing/operational requests were presented and approved. Project Requests Approved: ●Battery Electric Bus Program $500,000 o Carried Forward from 2018 ●Variable Message Sign (VMS) Sign on SH 82 $50,000 o Carried Forward from 2018 2019 New Budget Requests: Decision Reached: Approval of the Following Budget Requests as follows: ●Retreat $10,000 ●Snowmass Mall Transit Station $350,000 o (from TOSV savings account) VI. UPDATES & FUTURE AGENDA ITEMS ●SHIFT / Mobility Lab - Steve Skadron - City of Aspen ●Battery Electric Bus Program - John Krueger - City of Aspen ●Relocation of the Carpool Kiosk - Mitch Osur - City of Aspen ●RFTA Destination 2040 - David Johnson - RFTA ●Next Meeting March 21, 2019 - Snowmass to Host & Chair 403-18-19 TC PAcket Page 76 of 126 76 AGENDA ITEM SUMMARY EOTC MEETING DATE: March 21, 2019 AGENDA ITEM TITLE: EOTC Budget Impacts - Passage of RFTA 7A STAFF RESPONSIBLE:David Pesnichak, Transportation Administrator ISSUE STATEMENT:​ As a result of the passage of RFTA Ballot Measure 7A, money that had been allocated by the EOTC to go to RFTA to offset the cost of providing BRT connecting service between the Brush Creek Park and Ride and the Town of Snowmass Village will now be covered by RFTA. The EOTC budget, therefore, needs to be adjusted to move the money from allocated for this service to unallocated. BACKGROUND: ​On November 6, 2018, RFTA Ballot Measure 7A passed. As a result of the passage of 7A, there are certain budget implications for the EOTC. Specifically, RFTA will now cover the cost for BRT connecting service between the Brush Creek Park and Ride and the Town of Snowmass Village. The cost of this service is currently budgeted for $419,587. Under the currently approved 2019 EOTC budget, this allocation is to come from 50% “above the line” and 50% from the Snowmass Savings Account. Staff understands that RFTA will not be invoicing the EOTC for these funds in 2019. BUDGETARY IMPACT: ​The following summary highlights the impacts that would occur from unallocating these funds (see attached budgets): ●Total Ongoing / Operational Expenditures: Decrease from $1,591,911 to $1,172,324 ●Cumulative Balance: Increase from $9,852,605 to $10,272,192 ●Snowmass Savings: Increase from $5,857,552 to $5,878,787 (cap) ●Aspen Savings: Increase from $3,995,053 to $4,393,405 RECOMMENDED EOTC ACTION: ●Adjust the 2019 EOTC Budget to unallocate $419,587 identified as “Brush Creek BRT connecting service - spring, summer, fall (50% from Snowmass Savings)” ATTACHMENTS: 1)Approved 2019 EOTC Budget 2)Amended 2019 EOTC Budget (unallocating BRT Connecting Service only) 503-18-19 TC PAcket Page 77 of 126 77 APPROVED 2019 EOTC BUDGET AND MULTI-YEAR PLAN PAGE 1 2/22/2019 (3B) EOTC budget 2019 EOTC Transit Project Funding Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 FUNDING SOURCES: a) Pitkin County 1/2% sales tax (5,357,764) (5,626,000) (5,851,000) (6,041,000) (6,237,000) (6,440,000) (6,649,000) less RFTA contribution (81.04% of 1/2% sales tax) (4,341,932) (4,559,310) (4,741,650) (4,895,626) (5,054,465) (5,218,976) (5,388,350) net 1/2% sales tax funding to EOTC (1,015,832) (1,066,690) (1,109,350) (1,145,374) (1,182,535) (1,221,024) (1,260,650) b) Pitkin County 1/2% use tax (1,623,082) (1,400,000) (1,400,000) (1,400,000) (1,400,000) (1,400,000) (1,400,000) c) Investment income & misc.(89,000) (124,000) (187,000) (236,000) (243,000) (317,000) (189,000) Total Funding Sources (2,727,914) (2,590,690) (2,696,350) (2,781,374) (2,825,535) (2,938,024) (2,849,650) FUNDING USES: Ongoing / Operational 1) Use tax collection costs (23,329) (42,614) (93,280) (96,078) (98,961) (101,930) (104,987) 2) Administrative cost allocation & meeting costs (15,104) (22,710) (24,810) (25,554) (26,321) (27,111) (27,924) 3) Country Inn taxi program in-lieu of bus stop safety improvements (2,494) (6,000) (4,000) (4,000) (4,000) (4,000) (4,000) 4) X-Games transit subsidy (115,000) (115,000) (115,000) (115,000) (115,000) (115,000) (115,000) 5) Brush Creek Intercept Lot operating costs (29,950) (35,000) (32,000) (33,000) (34,000) (35,000) (36,000) 6) No-fare Aspen-Snowmass-Woody Creek bus service - year-round (615,726) (650,556) (662,158) (799,610) (838,888) (872,400) (907,300) 7) WE-cycle operational support (100,000) (100,000) (100,000) 8) Brush Creek BRT connecting service - spring, summer, fall (50% from Snowmass Sav)(294,000) (419,587) 9) Regional Transportation Administrator (160,000) (141,076) (146,700) (152,600) (158,700) (165,000) sub-total Ongoing / Operational (901,602) (1,425,880) (1,591,911) (1,219,943) (1,269,770) (1,314,140) (1,360,211) net funding available for projects (1,826,312) (1,164,810) (1,104,439) (1,561,431) (1,555,765) (1,623,884) (1,489,439) Projects 10) Grand Ave Bridge construction - transit mitigation funding (335,000) Projects funded from Savings for greater Aspen Area 11) Upper Valley Mobility Study (276,044) 12) Cell phone transportation data collection (70,000) 13)Buttermilk/SH82 Pedestrian Crossing Analysis (40,000) 14) Battery Electric Bus Program carry over to 2019 (500,000) 15)Variable message sign on Hwy 82 carry over to 2019 (50,000) (400,000) 16) Snowmass Mall transit station (funded from Snowmass Village Savings Fund)(50,000) (350,000) (5,878,787) 17) EOTC retreat (10,000) 18) Brush Creek Park and Ride improvements (FLAP grant) (EOTC approved 10/20/16)(3,900,000) less Federal Lands Access Program (FLAP) grant ((1,900,000) Total Uses (1,582,646) (1,515,880) (2,501,911) (3,619,943) (1,269,770) (7,192,927) (1,360,211) EOTC ANNUAL SURPLUS/(DEFICIT) (1,145,269) (1,074,810) (194,439) ((838,569) (1,555,765) ((4,254,903) (1,489,439) EOTC CUMULATIVE SURPLUS FUND BALANCE (8,583,356) (9,658,166) (9,852,605) (9,014,036) (10,569,801) (6,314,898) (7,804,337) Attachment 1 603-18-19 TC PAcket Page 78 of 126 78 APPROVED 2019 EOTC BUDGET AND MULTI-YEAR PLAN PAGE 2 2/22/2019 (3B) EOTC budget 2019 EOTC Transit Project Funding Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 Revenue projections: a) sales tax 4.9%5.0%4.00%3.25% 3.25% 3.25% 3.25% b) use tax 12.8% -13.7%0.0%0.0%0.0%0.0%0.0% c) investment earnings rate 1.0%1.5%1.9%2.4%2.7%3.0%3.0% Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 DISTRIBUTION OF ANNUAL SURPLUS (excludes projects funded from savings funds) (1,491,312) (1,271,810) (754,233) ((838,569) (1,555,765) (1,623,883.87) (1,489,439) 25% to Snowmass Village Savings until restored to maximum (372,828) (274,022) (188,558) ((209,642) (230,878) (-  ) (-  ) remainder to Aspen Savings (1,118,484) (997,788) (565,674) ((628,927) (1,324,888) (1,623,884) (1,489,439) Savings Fund for greater Snowmass Village Area Savings Fund maximum (6,278,787) (6,228,787) (5,878,787) (5,878,787) (5,878,787) (-  ) (-  ) share of annual surplus/deficit (372,828) (274,022) (188,558) ((209,642) (230,878) (-  ) (-  ) less 50% of Brush Creek BRT connecting service ((147,000) ((209,794) less Snowmass mall transit station - reduces savings fund maximum ((50,000) ((350,000) (-  ) (-  ) ((5,878,787) (-  ) Savings Fund for greater Snowmass Village Area (6,151,765) (6,228,787) (5,857,552) (5,647,909) (5,878,787) (-  ) (-  ) Savings Fund for greater Aspen Area share of annual surplus/deficit (1,118,484) (997,788) (565,674) ((628,927) (1,324,888) (1,623,884) (1,489,439) less Upper Valley Mobility Study and cell phone data funded from Aspen Savings ((346,044) Savings Fund for greater Aspen Area (2,431,590) (3,429,379) (3,995,053) (3,366,127) (4,691,014) (6,314,898) (7,804,337) Attachment 1 703-18-19 TC PAcket Page 79 of 126 79 PROPOSED 2019 EOTC BUDGET AND MULTI-YEAR PLAN PAGE 1 2/22/2019 (3C) EOTC Budget 2019 - BRT Connecting Removal - March 2019 Updates EOTC Transit Project Funding Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 FUNDING SOURCES: a) Pitkin County 1/2% sales tax (5,357,764) (5,626,000) (5,851,000) (6,041,000) (6,237,000) (6,440,000) (6,649,000) less RFTA contribution (81.04% of 1/2% sales tax) (4,341,932) (4,559,310) (4,741,650) (4,895,626) (5,054,465) (5,218,976) (5,388,350) net 1/2% sales tax funding to EOTC (1,015,832) (1,066,690) (1,109,350) (1,145,374) (1,182,535) (1,221,024) (1,260,650) b) Pitkin County 1/2% use tax (1,623,082) (1,400,000) (1,400,000) (1,400,000) (1,400,000) (1,400,000) (1,400,000) c) Investment income & misc. (89,000) (124,000) (187,000) (247,000) (255,000) (330,000) (203,000) Total Funding Sources (2,727,914) (2,590,690) (2,696,350) (2,792,374) (2,837,535) (2,951,024) (2,863,650) FUNDING USES: Ongoing / Operational 1) Use tax collection costs (23,329) (42,614) (93,280) (96,078) (98,961) (101,930) (104,987) 2) Administrative cost allocation & meeting costs (15,104) (22,710) (24,810) (25,554) (26,321) (27,111) (27,924) 3) Country Inn taxi program in-lieu of bus stop safety improvements (2,494) (6,000) (4,000) (4,000) (4,000) (4,000) (4,000) 4) X-Games transit subsidy (115,000) (115,000) (115,000) (115,000) (115,000) (115,000) (115,000) 5) Brush Creek Intercept Lot operating costs (29,950) (35,000) (32,000) (33,000) (34,000) (35,000) (36,000) 6) No-fare Aspen-Snowmass-Woody Creek bus service - year-round (615,726) (650,556) (662,158) (799,610) (838,888) (872,400) (907,300) 7) WE-cycle operational support (100,000) (100,000) (100,000) 8) Brush Creek BRT connecting service - spring, summer, fall (50% from Snowmass Sav) (294,000) 9) Regional Transportation Administrator (160,000) (141,076) (146,700) (152,600) (158,700) (165,000) sub-total Ongoing / Operational (901,602) (1,425,880) (1,172,324) (1,219,943) (1,269,770) (1,314,140) (1,360,211) net funding available for projects (1,826,312) (1,164,810) (1,524,026) (1,572,431) (1,567,765) (1,636,884) (1,503,439) Projects 10) Grand Ave Bridge construction - transit mitigation funding (335,000) Projects funded from Savings for greater Aspen Area 11) Upper Valley Mobility Study (276,044) 12) Cell phone transportation data collection (70,000) 13) Buttermilk/SH82 Pedestrian Crossing Analysis (40,000) 14) Battery Electric Bus Program carry over to 2019 (500,000) 15) Variable message sign on Hwy 82 carry over to 2019 (50,000) (400,000) 16) Snowmass Mall transit station (funded from Snowmass Village Savings Fund)(50,000) (350,000) (5,878,787) 17) EOTC retreat (10,000) 18) Brush Creek Park and Ride improvements (FLAP grant) (EOTC approved 10/20/16) (3,900,000) less Federal Lands Access Program (FLAP) grant ((1,900,000) Total Uses (1,582,646) (1,515,880) (2,082,324) (3,619,943) (1,269,770) (7,192,927) (1,360,211) EOTC ANNUAL SURPLUS/(DEFICIT) (1,145,269) (1,074,810) (614,026) ((827,569) (1,567,765) ((4,241,903) (1,503,439) EOTC CUMULATIVE SURPLUS FUND BALANCE (8,583,356) (9,658,166) (10,272,192) (9,444,623) (11,012,388) (6,770,485) (8,273,924) Attachment 2 803-18-19 TC PAcket Page 80 of 126 80 PROPOSED 2019 EOTC BUDGET AND MULTI-YEAR PLAN PAGE 2 2/22/2019 (3C) EOTC Budget 2019 - BRT Connecting Removal - March 2019 Updates EOTC Transit Project Funding Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 Revenue projections: a) sales tax 4.9%5.0%4.00%3.25% 3.25% 3.25% 3.25% b) use tax 12.8% -13.7%0.0%0.0%0.0%0.0%0.0% c) investment earnings rate 1.0%1.5%1.9%2.4%2.7%3.0%3.0% Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 DISTRIBUTION OF ANNUAL SURPLUS (excludes projects funded from savings funds) (1,491,312) (1,271,810) (964,026) ((827,569) (1,567,765) (1,636,883.87) (1,503,439) 25% to Snowmass Village Savings until restored to maximum (372,828) (274,022) (-  ) ((206,892) (206,892) (-  ) (-  ) remainder to Aspen Savings (1,118,484) (997,788) (964,026) ((620,677) (1,360,873) (1,636,884) (1,503,439) Savings Fund for greater Snowmass Village Area Savings Fund maximum (6,278,787) (6,228,787) (5,878,787) (5,878,787) (5,878,787) (-  ) (-  ) share of annual surplus/deficit (372,828) (274,022) (-  ) ((206,892) (206,892) (-  ) (-  ) less 50% of Brush Creek BRT connecting service ((147,000) (-  ) less Snowmass mall transit station - reduces savings fund maximum ((50,000) ((350,000) (-  ) (-  ) ((5,878,787) (-  ) Savings Fund for greater Snowmass Village Area (6,151,765) (6,228,787) (5,878,787) (5,671,895) (5,878,787) (-  ) (-  ) Savings Fund for greater Aspen Area share of annual surplus/deficit (1,118,484) (997,788) (964,026) ((620,677) (1,360,873) (1,636,884) (1,503,439) less Upper Valley Mobility Study and cell phone data funded from Aspen Savings ((346,044) Savings Fund for greater Aspen Area (2,431,590) (3,429,379) (4,393,405) (3,772,728) (5,133,601) (6,770,485) (8,273,924) Attachment 2 903-18-19 TC PAcket Page 81 of 126 81 AGENDA ITEM SUMMARY EOTC MEETING DATE:March 21, 2019 AGENDA ITEM TITLE:Dynamic Message Sign (DMS) STAFF RESPONSIBLE:David Pesnichak, Transportation Administrator ISSUE STATEMENT: ​ This memo and discussion is intended to update the EOTC members on the current progress of the DMS. In addition, as this project moves through the design phase, staff would like to obtain feedback on certain aspects of the project. BACKGROUND:​ As a part of the EOTC budget, $50,000 has been allocated for 2019 and $400,000 in 2020 to design and install a DMS on upvalley Highway 82. This sign is to be installed approximately one mile downvalley of the Brush Creek Park and Ride in order to convey messages to drivers related to parking, congestion, bus and vehicle travel times, and emergency situations. The goal is to encourage drivers to utilize the Brush Creek Park and Ride to either carpool or utilize the free bus to either Snowmass or Aspen. Below is a brief outline of the current status of the DMS. ●Outreach conducted to date includes: ○Meeting with Brush Creek Metro District and Landowners Association ○Meeting with Woody Creek Caucus ○Meeting with W/J Metro District and Homeowners Association ●Some of the feedback received from neighborhood meetings include: ○Use smallest sign possible. ○Consider translating messages into Spanish. ○Consider implications of sign to traffic on Smith Way (could encourage traffic to use Smith Way if Highway 82 is congested, however placement of sign before Smith Way could also allow it to be used for emergency messaging to inform drivers to take Smith Way as an alternative to Highway 82). ○No value in sign, project should not be pursued. ○Will alter the rural character of the neighborhood. ●Reasons for DMS proposed location approximately 1 mile downvalley of the Brush Creek Park: ○This distance allows for adequate time for drivers to make a decision whether to utilize the Park and Ride. ○This location reduces impact on adjacent property owners. ○It allows for adequate site distance for drivers coming upvalley to read the sign. ○This location maintains a workable distance from Juniper Hill and Smith Way intersection to avoid operational conflict. 1003-18-19 TC PAcket Page 82 of 126 82 ●CDOT Standard Plans allow for either Cantilever (similar to the sign in Carbondale) or Butterfly (similar to sign on downvalley Highway 82 near Public Works) style sign. The final design is to be determined by EOTC. Pros and Cons of Cantilever and Butterfly sign design (Also See Attachment 5): ○Cantilever (Max Board Size: 31’ wide x 10’ high) ■Pros: Stronger emphasis of messages, can display longer / larger messages (depending on board size), good legibility during inclimate weather, easier to read from both travel lanes. ■Cons: Significant visual impact, more expensive, more difficult to maintain, more difficult to read during sunrise. ○Butterfly (Max Board Size: 26’ wide x 8’ high) ■Pros: Less visual impact, less expensive, easier to maintain, easier to read during sunrise. ■Cons: Less emphasis of messages, displays shorter / smaller messages, less legibility during inclimate weather, can be more difficult to read from left lane with heavy, congested traffic in right lane. ○Staff Recommendation: Based on the above considerations and feedback received to date, Staff recommends the Butterfly design. ●The Butterfly design is able to accommodate up to a 26’ wide board. The standard size for Butterfly signs is 18’ wide, which is the width of the sign that is located on downvalley Highway 82 near Pitkin County Public Works. After modeling the anticipated messages for the DMS, a 26’ wide sign board will best be able to accommodate these messages. A 26’ board will also allow for better prominence and legibility of the messages to drivers. ○Staff Recommendation: In order to convey longer and more legible messages while not having the visual impact of the Cantilever design, Staff recommends the 26’ wide Butterfly board as a middle ground between the very prominent Cantilever sign and the standard 18’ wide Butterfly sign. ●Standardizing the name of the Brush Creek Park and Ride, dropping “Intercept”, is recommended by Staff. As messages must be prior approved by CDOT and static signs are to be ordered, finding a common name is very important. While “Aspen / Snowmass Park and Ride” has been suggested, Staff is ready to move forward with the use of “Brush Creek Park and Ride” for the following reasons: ○It is of a reasonable length and can be abbreviated to fit the limited space on road signs, bus stop messaging, and the DMS. Based on current modeling of messages for the DMS, “Aspen / Snowmass Park and Ride” can be abbreviated “Aspen/Snow P&R” to fit the sign. ○There is a general recognition of the name “Brush Creek Park and Ride” currently as it is often used interchangeably with “Intercept Lot”. ○“Brush Creek Park and Ride” is the official legal name for the lot, so no changes will need to occur to any legal documents or with other agencies, such as CDOT, who owns the lot. 1103-18-19 TC PAcket Page 83 of 126 83 ○“Brush Creek Park and Ride” will come up on Google and Apple maps currently. In addition, most RFTA and other transit maps currently identify the lot with “Brush Creek”, helping limit confusion. ○The “Brush Creek Park and Ride” name provides information as to where the lot is geographically located and generally how it is to be used. ●Staff is reviewing options and feasibility for technology to display live travel times by bus and vehicle from the Park and Ride into Aspen and Snowmass. Further information on this technology and feasibility is anticipated to be presented to the EOTC in June. ●An Operations IGA will need to be drafted and reviewed by EOTC before the DMS goes live. ●With confirmation of DMS design, size, and reallocation of funds, Staff anticipates sending the project out for bid in early April. This should ensure that responses from those bids can be reviewed by the EOTC at the June meeting, including any issues with the cost of the project and/or with the travel time technology. ●Current cost estimates are between $570,917 (Butterfly) and $648,722 (Cantilever) (See Attachment 5). While Staff is fairly confident in these construction estimates, the cost and feasibility of the travel time technology is not as certain. Once bids on this project are received back, Staff will have an updated cost estimate. If the project is able to go out to bid in April, then Staff anticipates bringing any discrepancies in cost to the EOTC at the June meeting. BUDGETARY IMPACT: Reallocate $400,000 from 2020 EOTC budget to 2019. This would be in addition to the $50,000 currently allocated for 2019, resulting in a total allowable 2019 expenditure on the DMS of $450,000. RECOMMENDED EOTC ACTION: ●Consider Reallocation of $400,000 from 2020 EOTC budget to 2019. ○Staff Recommendation: Reallocate $400,000 DMS funding from 2020 to 2019 ●Feedback on Cantilever or Butterfly design. ○Staff Recommendation: Butterfly ●If Butterfly, provide feedback on size of sign - 26’ wide or 18’ wide. ○Staff Recommendation: 26’ Wide Butterfly ●Feedback on name for Park and Ride - “Brush Creek Park and Ride” or “Aspen / Snowmass Park and Ride”. ○Staff Recommendation: “Brush Creek Park and Ride” ATTACHMENTS: 1) Amended EOTC Budget (BRT Connecting Service and DMS reallocations) 2) CDOT Standard Plans - Cantilever vs. Butterfly design 3) DMS Location Map 4) Visualization of Cantilever and Butterfly design 5) Evaluation of Cantilever and Butterfly design 1203-18-19 TC PAcket Page 84 of 126 84 AMENDED 2019 EOTC BUDGET AND MULTI-YEAR PLAN (RFTA 7A AND DMS REALLOCATIONS)PAGE 1 2/22/2019 (4B) EOTC budget 2019 - RFTA 7A and DMS Reallocations EOTC Transit Project Funding Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 FUNDING SOURCES: a) Pitkin County 1/2% sales tax (5,357,764) (5,626,000) (5,851,000) (6,041,000) (6,237,000) (6,440,000) (6,649,000) less RFTA contribution (81.04% of 1/2% sales tax) (4,341,932) (4,559,310) (4,741,650) (4,895,626) (5,054,465) (5,218,976) (5,388,350) net 1/2% sales tax funding to EOTC (1,015,832) (1,066,690) (1,109,350) (1,145,374) (1,182,535) (1,221,024) (1,260,650) b) Pitkin County 1/2% use tax (1,623,082) (1,400,000) (1,400,000) (1,400,000) (1,400,000) (1,400,000) (1,400,000) c) Investment income & misc. (89,000) (124,000) (187,000) (237,000) (255,000) (330,000) (203,000) Total Funding Sources (2,727,914) (2,590,690) (2,696,350) (2,782,374) (2,837,535) (2,951,024) (2,863,650) FUNDING USES: Ongoing / Operational 1) Use tax collection costs (23,329) (42,614) (93,280) (96,078) (98,961) (101,930) (104,987) 2) Administrative cost allocation & meeting costs (15,104) (22,710) (24,810) (25,554) (26,321) (27,111) (27,924) 3) Country Inn taxi program in-lieu of bus stop safety improvements (2,494) (6,000) (4,000) (4,000) (4,000) (4,000) (4,000) 4) X-Games transit subsidy (115,000) (115,000) (115,000) (115,000) (115,000) (115,000) (115,000) 5) Brush Creek Intercept Lot operating costs (29,950) (35,000) (32,000) (33,000) (34,000) (35,000) (36,000) 6) No-fare Aspen-Snowmass-Woody Creek bus service - year-round (615,726) (650,556) (662,158) (799,610) (838,888) (872,400) (907,300) 7) WE-cycle operational support (100,000) (100,000) (100,000) 8) Brush Creek BRT connecting service - spring, summer, fall (50% from Snowmass Sav) (294,000) 9) Regional Transportation Administrator (160,000) (141,076) (146,700) (152,600) (158,700) (165,000) sub-total Ongoing / Operational (901,602) (1,425,880) (1,172,324) (1,219,943) (1,269,770) (1,314,140) (1,360,211) net funding available for projects (1,826,312) (1,164,810) (1,524,026) (1,562,431) (1,567,765) (1,636,884) (1,503,439) Projects 10) Grand Ave Bridge construction - transit mitigation funding (335,000) Projects funded from Savings for greater Aspen Area 11) Upper Valley Mobility Study (276,044) 12) Cell phone transportation data collection (70,000) 13) Buttermilk/SH82 Pedestrian Crossing Analysis (40,000) 14) Battery Electric Bus Program carry over to 2019 (500,000) 15) Variable message sign on Hwy 82 carry over to 2019 (450,000) 16) Snowmass Mall transit station (funded from Snowmass Village Savings Fund)(50,000) (350,000) (5,878,787) 17) EOTC retreat (10,000) 18) Brush Creek Park and Ride improvements (FLAP grant) (EOTC approved 10/20/16) (3,900,000) less Federal Lands Access Program (FLAP) grant ((1,900,000) Total Uses (1,582,646) (1,515,880) (2,482,324) (3,219,943) (1,269,770) (7,192,927) (1,360,211) EOTC ANNUAL SURPLUS/(DEFICIT) (1,145,269) (1,074,810) (214,026) ((437,569) (1,567,765) ((4,241,903) (1,503,439) EOTC CUMULATIVE SURPLUS FUND BALANCE (8,583,356) (9,658,166) (9,872,192) (9,434,623) (11,002,388) (6,760,485) (8,263,924) Attachment 1 1303-18-19 TC PAcket Page 85 of 126 85 AMENDED 2019 EOTC BUDGET AND MULTI-YEAR PLAN (RFTA 7A AND DMS REALLOCATIONS)PAGE 2 2/22/2019 (4B) EOTC budget 2019 - RFTA 7A and DMS Reallocations EOTC Transit Project Funding Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 Revenue projections: a) sales tax 4.9%5.0%4.00%3.25% 3.25% 3.25% 3.25% b) use tax 12.8% -13.7%0.0%0.0%0.0%0.0%0.0% c) investment earnings rate 1.0%1.5%1.9%2.4%2.7%3.0%3.0% Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 DISTRIBUTION OF ANNUAL SURPLUS (excludes projects funded from savings funds) (1,491,312) (1,271,810) (564,026) ((437,569) (1,567,765) (1,636,883.87) (1,503,439) 25% to Snowmass Village Savings until restored to maximum (372,828) (274,022) (-  ) ((109,392) (109,392) (-  ) (-  ) remainder to Aspen Savings (1,118,484) (997,788) (564,026) ((328,177) (1,458,373) (1,636,884) (1,503,439) Savings Fund for greater Snowmass Village Area Savings Fund maximum (6,278,787) (6,228,787) (5,878,787) (5,878,787) (5,878,787) (-  ) (-  ) share of annual surplus/deficit (372,828) (274,022) (-  ) ((109,392) (109,392) (-  ) (-  ) less 50% of Brush Creek BRT connecting service ((147,000) (-  ) less Snowmass mall transit station - reduces savings fund maximum ((50,000) ((350,000) (-  ) (-  ) ((5,878,787) (-  ) Savings Fund for greater Snowmass Village Area (6,151,765) (6,228,787) (5,878,787) (5,769,395) (5,878,787) (-  ) (-  ) Savings Fund for greater Aspen Area share of annual surplus/deficit (1,118,484) (997,788) (564,026) ((328,177) (1,458,373) (1,636,884) (1,503,439) less Upper Valley Mobility Study and cell phone data funded from Aspen Savings ((346,044) Savings Fund for greater Aspen Area (2,431,590) (3,429,379) (3,993,405) (3,665,228) (5,123,601) (6,760,485) (8,263,924) Attachment 1 1403-18-19 TC PAcket Page 86 of 126 86 7'-0"17'-6" MIN.17'-6" MIN.17'-6" MIN.30'-0" = MAXIMUMNARROW MEDIANWIDE MEDIAN*CANTILEVER SIGN -SIGN NOTES (1 OF 2)- GENERAL NOTES (CONTINUED) HEX HEAD BOLTS (BAND-IT D315 OR EQUIVALENT). USING TWO •" WIDE STAINLESS STEEL BANDS AND STAINLESS STEEL FLARED LEG BRACKETS WITH INSTALL STRUCTURE IDENTIFICATION PANEL IN ACCORDANCE WITH M AND S STANDARD S-614-12 STAINLESS STEEL FLARED LEG BRACKETS WITH HEX HEAD BOLTS (BAND-IT D315 OR EQUIVALENT). ATTACH REMOTE ACCESS CABINET(S) TO POST WITH TWO •" WIDE STAINLESS STEEL BANDS AND THESE PLANS UNLESS APPROVED BY THE ENGINEER PRIOR TO FABRICATION. THERE SHALL BE NO PENETRATIONS OF MAST/CROSS ARMS OR POST OTHER THAN AS SHOWN ON ITEMS 503, 614 AND 625 RESPECTIVELY. CAISSONS, STEEL SUPPORTS AND SURVEY WORK SHALL BE PAID FOR IN ACCORDANCE WITH BID SUBSECTION 105.02 OF THE STANDARD SPECIFICATIONS. SHOP DRAWINGS SHALL BE SUBMITTED TO THE ENGINEER FOR REVIEW IN ACCORDANCE WITH NPS = NOMINAL PIPE SIZE; O.D. = OUTSIDE DIAMETER; DMS = DYNAMIC MESSAGE SIGN. IN THE PREPARATION OF THE SIGN X-SECTION SHEETS IN THE ROADWAY PLANS. SHEETS IN THE INDEX MARKED WITH A PROVIDE INSTRUCTIONS TO DESIGNERS FOR THEIR USE 13. 12. 11. 10. 9. 8. 7. (SEE SIGN X-SECTION SHEET IN TRAFFIC PLANS) BUTTERFLY SIGN (ROADSIDE INSTALLATION) (SEE SIGN X-SECTION SHEET IN TRAFFIC PLANS) BUTTERFLY SIGN (MEDIAN INSTALLATION) INSTALLATION INSTALLATION GENERAL NOTES 6. 5. 4. 3. 2. 1. GENERAL NOTES (CONTINUED) WITH A . SEE TABLE ON SHEET 4 FOR CABINET ROTATION ADJUSTMENTS TO VERTICAL CLEARANCES MARKED AS SPECIFIED HEREIN. THE ACCEPTABLE MAXIMUM WELD UNDERCUT IS 0.01". CIRCUMFERENTIAL GROOVE WELDS SHALL BE FULL PENETRATION GROOVE WELDS AND SHALL BE INSPECTED ALL CIRCUMFERENTIAL AND ALL LONGITUDINAL PIPE SEAM WELDS WITHIN 5" OF FULL PENETRATION AND MEMBERS WHICH ARE TACKED OR WELDED AND SUBSEQUENTLY CUT APART AND REWELDED. EDGES, CORRECTION OF FABRICATION ERRORS IN CUTTING, PUNCHING, DRILLING, OR FITTING, (4) REPAIRS. ALL REPAIR WELDS TO CORRECT DEFECTS IN GROOVE AND FILLET WELDS, PLATE CUT TENSION AREAS. (3) GROOVE WELDS. ALL THROUGH THICKNESS EDGES ON TRANSVERSE BUTT JOINT WELDMENTS IN SHALL BE RESOLVED BY EXCAVATION. INDICATIONS SHALL FURTHER BE EVALUATED WITH 10X OR 30X MAGNIFICATION. VERIFICATION MEMBER TO MAIN MEMBER WELDMENTS. ALL STOP-STARTS AND WELD TERMINI. ALL LINEAR (2) FILLET WELDS. EACH DESIGN WELD SIZE ON MAIN MEMBER TO MAIN MEMBER AND SECONDARY CUP, AND THE WELDING ELECTRODE. ALL THREE CONDITIONS ARE ARC STRIKES. (1) BASE METAL. ALL AREAS CONTACTED BY THE CARBON ARC GOUGE ELECTRODE, THE ELECTRODE ENHANCED MAGNETIC PARTICLE TESTS SHALL BE PERFORMED AT THE FOLLOWING LOCATIONS: OF THE BASE METAL. BE POSITIONED BOTH NORMAL AND PARALLEL WITH RESPECT TO THE WELD AXIS AND ROLLING DIRECTION THE YOKES SHALL BE SET IN TWO POSITIONS WHEN TESTING THE WELD OR BASE METAL. THEY SHALL BE APPLIED TO THE TEST SURFACE PRIOR TO TESTING. SECTIONS 9 AND 15, EXCEPT WHITE NON-AQUEOUS DEVELOPER MEETING ASTM E 165, TYPE 3, SHALL PARTICLE APPLICATION AND SPECIMEN PREPARATION SHALL MEET THE REQUIREMENTS OF ASTM E 709 RED DRY PARTICLES SHALL BE USED. THE LIGHT INTENSITY SHALL MEET ASTM E 709, SECTION 7. YOKE SPACING SHALL BE BETWEEN 2 AND 4 INCHES. THE MINIMUM LIFTING POWER SHALL BE 10 LBS. E 709 AND AWS D 1.1, EXCEPT AS AMENDED HEREIN. ALTERNATING CURRENT SHALL BE USED. THE HEREIN. ENHANCED MAGNETIC PARTICLE TESTING SHALL BE CONDUCTED IN ACCORDANCE WITH ASTM ENHANCED MAGNETIC PARTICLE TESTING SHALL BE PERFORMED ON AREAS DEFINED IN AWS D1.1 AND AND REQUIRED TESTING SHALL BE COMPLETE BEFORE ANY MATERIAL IS GALVANIZED. SHALL BE GROUND TO BRIGHT METAL. NO BUTT WELD SPLICES WILL BE PERMITTED. ALL WELDING WELDING OF STEEL SHALL CONFORM TO THE REQUIREMENTS OF AWS D 1.1. ALL AREAS TO BE WELDED 16. 15. 14. A A POST HEIGHT B B B B ASECTION BSECTION INDEX IS TO SAME SHEET) NUMBER (IF BLANK, REFERENCE CROSS REFERENCE DRAWING IDENTIFICATION SECTION OR DETAIL DETAIL CUT AND LEADER LINE FOR ARROW HEAD FOR SECTION 14. 13. 12. 11. 10. 9. 8. 7. 6. 5. 4. 3. 2. 1. (SEE CANTILEVER NOTE 7 ON SHEET 2) SHEET BUTTERFLY SIGN X-SECTION * 7'-0" MIN. OR AS PER THE DMS DMS CABINET ACCESS REMOTE SEE NOTE 13. I.D. PANEL STRUCTURE 18'-6" MAX.18'-6" MAX.BASE PLATE BOTTOM OF CABINET ACCESS REMOTE SEE NOTE 13. STRUCTURE I.D. PANEL WAY TRAVELED EDGE OF SEE NOTE 13. I.D. PANEL STRUCTURE WAY TRAVELED EDGE OF FOUNDATION & ANCHOR BOLT DETAILS BUTTERFLY POST DETAILS BUTTERFLY SIGN MOUNTING DETAILS BUTTERFLY ASSEMBLY DETAILS BUTTERFLY INSTALLATION DETAILS CANTILEVER SIGN WALKWAY DETAILS (2 OF 2) CANTILEVER SIGN WALKWAY DETAILS (1 OF 2) CANTILEVER BASE PLATE DETAILS CANTILEVER FIELD SPLICE DETAILS CANTILEVER POST AND ARM DETAILS CANTILEVER SIGN MOUNTING BRACKETS CANTILEVER INSTALLATION DETAILS SIGN NOTES (2 OF 2) SIGN NOTES (1 OF 2) CABINET DISCONNECT CABINET ACCESS REMOTE CommentsDate: R-1 Computer File Information Sheet Revisions Not to Scale Drawing File Name: Last Modification Date: Creation Date: CAD Ver.: Full Path: Scale:Units: Initials: Initials: EnglishMicroStation V8 07-04-12 JRM STANDARD PLAN NO. S-614-60JRM07-04-12 S-614-60_01of14.dgn Issued By: Safety and Traffic Engineering Branch on July 4, 2012 MONOTUBE STRUCTURES DYNAMIC SIGN Sheet No. 1 of 14 R-X R-X R-X STRUCTURES SHALL BE GROUNDED IN ACCORDANCE WITH APPLICABLE ELECTRICAL CODES. ROADWAY PLANS. A DISCONNECT FOR THE POWER SUPPLY TO THE DMS SHALL BE PROVIDED AS SHOWN IN THE BEFORE INSTALLING THE SIGN STRUCTURE; VERIFY CONCRETE STRENGTH WITH MATURITY METER. GRADE 60. CAISSON CONCRETE MUST HAVE A MINIMUM COMPRESSIVE STRENGTH OF 2,700 PSI ALL CONCRETE SHALL BE CLASS BZ WITH AIR ENTRAINMENT; REINFORCING STEEL SHALL BE CONTRACTOR SHALL NOT COMMENCE FABRICATION UNTIL SUCH SPLICE LOCATIONS ARE APPROVED. GALVANIZING. SPLICE LOCATIONS SHALL BE SUBMITTED TO THE ENGINEER FOR APPROVAL AND THE ALL SIGN STRUCTURES SHALL BE FABRICATED INTO THE LARGEST PRACTICAL SECTIONS PRIOR TO STRUCTURES MAY BE MADE WITH GALVANIZING OR PAINT ON THE CONTACT (FAYING) SURFACES. THE STANDARD SPECIFICATIONS. ASSEMBLY OF HIGH-STRENGTH BOLTED CONNECTIONS FOR SIGN HIGH-STRENGTH BOLTED CONNECTIONS SHALL CONFORM TO THE PROVISIONS IN SECTION 509.28 OF ON SHEET 2. ALL STRUCTURAL STEEL SHALL CONFORM TO THE REQUIREMENTS SHOWN IN THE MATERIALS TABLE 06-17-16 REVISE NOTE 4 www.codot.gov/library/traffic/traffic-standards/2012-s-standard-plans 2829 W Howard Place Phone: Denver, Colorado 80204 303-757-9543 FAX:303-757-9219 Colorado Department of Transportation Safety & Traffic Engineering KCM/RLO Attachment 2 1503-18-19 TC PAcket Page 87 of 126 87 Attachment 3 1603-18-19 TC PAcket Page 88 of 126 88 Attachment 41703-18-19 TC PAcketPage 89 of 12689 Attachment 41803-18-19 TC PAcketPage 90 of 12690 BUTTERFLY (ROADSIDE) CANTILEVER (OVERHEAD) Size max (26' W x 8' H) Size max (31' W x 10' H) Standard Application Multi-Lane Highways Sign offset from travel lanes Profile Restrictions Emphasis of Messaging Display Longer/Larger Messaging $ 36,300 $ 50,700 $ 105,000 $ 145,000 $ 45,000 $ 65,000 $ 384,617 $ 388,022 $ 570,917 $ 648,722 Sign Top 17-feet 26-feet Sign Base 9-feet 18-feet OK Excellent Hills behind sign provide good backdrop to read sign Difficult to see in AM with sun behind overhead sign Difficult to see from Left Lane Good OK Good Impact to Adjacent Properties Minimal Significant 17-feet 26-feet Minimal Considerable Considerable Significant Front Access or Walk-In Walk-In Cabinet (Ladder or Manlift) (Bucket Truck) Behind guardrail out of roadway Maintenance over travel-way Inspection - Structure Inspection - Structure Inspection - Catwalk CDOT Structure Number may not be required CDOT Structure Number will be required Other Steel Structure Sign Emphasis Impact to viewshed Access to Sign Equipment Total Risk to crew and public Inspections and maintenance Sign Height Multi-Lane Congested Traffic CDOT Requirements Height Orientation Impact to rural character Inclement Weather Visibility Aesthetics EOTC SH82 Dynamic Message Sign Project DMS (LED) Cantilevered vs Butterfly DMS Alternative Evaluation Other costs Maintenance DMS Alternative ITEM Cost (Estimated for Construction) Caisson Foundation Application 0% 20% 40% 60% 80% 100% Butterfly (Roadside) Cantilever (Overhead) DMS Alternative Scoring Good Neutral Not Good Attachment 5 1903-18-19 TC PAcket Page 91 of 126 91 AGENDA ITEM SUMMARY EOTC MEETING DATE:March 21, 2019 AGENDA ITEM TITLE:Federal Lands Access Program (FLAP) Grant Improvements and Kiosk Relocation STAFF RESPONSIBLE:David Pesnichak, Transportation Administrator ISSUE STATEMENT: ​ This memo and discussion is intended to update the EOTC members on the current progress of the FLAP Grant improvements and the Carpool Kiosk relocation. In addition, as this project moves through the design phase, staff would like to obtain feedback on certain aspects of the project. BACKGROUND:​ While these two projects are at different stages, this memo and discussion are intended to update the EOTC members on the current progress of each one. In addition, as portions of this project move through the design phases, staff would like to obtain specific feedback on these concepts in order to move the project forward. Below is a brief outline of each of these projects. Although feedback is only requested for the restroom relocation of the FLAP grant improvements currently, as the relocation of the carpool kiosk is contemplated as a part of the FLAP grant approval, this update has been included with the same memo. Outreach to Date (FLAP Grant and Kiosk Relocation)​: ●Brush Creek Metro District and Landowners Association ●Woody Creek Caucus ●W/J Metro District and Homeowners Association ●Press Release Planned Upcoming Outreach​: ●Public Open House with Consulting Team, April 10 from 4.30 to 7.30pm. CMC Aspen Campus ●Press Release ●Online Data Collection and Feedback Tool Outline of Feedback Received to Date​: FLAP Grant Improvements ●Brush Creek landowners do not want to become “Aspen’s parking lot”. ●Want facility to be kept clean with minimal security lighting. ●Install cameras and have security personal at the Lot. ●Install more defined walkways and fencing to guide people across the bus lane. ●Suggest moving bus station to middle of parking area so that parking surrounds the station. 2003-18-19 TC PAcket Page 92 of 126 92 ●Lighting should be downcast and meet dark sky standards. Use low profile lighting, such as bollards. ●Control camping in all parking areas. Increase enforcement. ●Install a kiss and ride and/or 15 minute parking. ●Install bus turn around, pick up and drop off area within parking area to facilitate large events that require overflow bus transit. ●Install restrooms on existing bus platform for convenience of passengers and to allow for parking area as potential bus terminal expansion area. ●Maintain on road bike connection between existing paths, but incorporate more intuitive wayfinding. Kiosk Relocation ●Consider traffic impacts to intersection with Highway 82. ●Keep track of usage to determine if kiosk is gaining more or less usage from this relocation. ●Make it as easy as possible for those who need a carpool pass to get in and get out of the lot. ●Concern that kiosk will over promote the use of Brush Creek PnR, causing increased impacts on neighbors. ●Could alter the rural character of the neighborhood. ●Aspen and Snowmass should to deal with parking impacts within their own jurisdictions - kiosk should not be relocated to Brush Creek PnR. Brush Creek PnR - FLAP Grant Improvements ●County and U.S. Forest Service applied for a FLAP grant to improve the Brush Creek Park n Ride in 2017. The grant was awarded in 2018 with funding beginning in 2019. Construction is planned for 2020. ●Project description includes: ○Permanent restroom facilities with flush toilets ○Water and wastewater facilities (well and septic) ○Increase paved area for parking (pave recycled asphalt area) ○Add security lighting ●The consultant, Jacobs, has provided initial concept plans. ●Project in early design stages. Three concepts have been drafted and entitled in relation to the location of the restroom facilities for that respective concept: “North of Station”, “Mid-Station”, and “On Platform”. These three alternatives are in Attachment 1 with variations in the restroom location being the primary difference. At this stage the location of the restroom facilities is the primary item that needs to be determined in order to avoid delays in the project. With a determination for the restroom location, Staff can continue to narrow down on the circulation and parking design. The pros and cons for these alternatives are generally as follows: ○North of Station ■Pros: Most expandable, can include a information booth, carpoolers do not need to cross bus lane to access restrooms. 2103-18-19 TC PAcket Page 93 of 126 93 ■Cons: Most inconvenient options for both carpoolers and transit users, possibly increased security issues due to the restrooms location in a less visited corner of the site, transit users need to cross bus lane to access restrooms. ○Mid-Station ■Pros: Good balance of convenience for both carpoolers and transit users, best alternative for security as it should have the most activity around the facility, possibility for expansion, could accommodate an information booth, carpoolers will not have to cross bus lane to access restrooms. ■Cons: Utilizes parking spaces, transit users will need to cross bus lane to access restrooms. ○On Platform ■Pros: Most convenient for transit users, transit users do not need to cross bus lane to access restrooms, does not take up any parking spaces. ■Cons: Inconvenient for carpoolers, carpoolers will need to cross bus lane to access restrooms, not expandable, no opportunity for information booth. ○Staff Recommendation: Based on the above considerations and feedback received to date, Staff recommends the Mid-Station location. ●From public and agency feedback received, Staff is looking into incorporating a kiss and ride area, 15 minute parking, minimal lighting, clarifying the bike connection, bus and large truck turn around, and security cameras. These will be available for EOTC review later in the process. ●Consultant is to organize general public open houses to gain comment and feedback (April 10 at 4pm at CMC Aspen Campus). Staff has conducted several outreach efforts in addition to this standard outreach, including a meeting with the Brush Creek Landowners and Metro District, a meeting with the Woody Creek Caucus, and a meeting with W/J Homeowners Association and Metro District. Staff has also been in contact with the directly adjacent neighbor, Mr. Sanditen. ●EOTC to review roughly 30% plans in June. Final plans to be approved by EOTC later in 2019. ●Improvements funded by ~$1.9 million from federal FLAP grant with matching funds from EOTC. Carpool Kiosk Relocation ●Application was submitted to Pitkin County for review as a Location and Extent (L & E) with the Planning and Zoning Commission. This application was heard by the Pitkin County Planning and Zoning Commission on February 19 who approved it by a vote of 4 to 0 with minimal discussion. In order to move forward with the L&E review with Planning and Zoning, the Director of Pitkin County Community Development had to first issue a Finding of No Significant Impact (FONSI). The Conditions associated with the issued FONSI and L&E are listed below. ○FONSI Conditions: 1. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. It is the intent of the Applicant to relocate the kiosk to the Intercept Lot and not ground the kiosk until the location is optimized. Any significant change to the size, location or 2203-18-19 TC PAcket Page 94 of 126 94 operation of the kiosk may require reapplication and further approvals pursuant to Section 12.30-30 (1). 3. After a full year of operation at this location, one summer season and one winter season from the date operations commence at the new location, an evaluation of the kiosk operation shall be submitted within 30 days for the Director's review. That information shall include: A. Usage data such as the number of cars that obtain a carpool permit; the number of cars that proceed into town; the number of cars diverted to park at the Intercept Lot; comparison of carpool permits to the last 5 years of permits provided. B. A traffic study to analyze the Highway 82 and Brush Creek intersection. C. Evaluation of the efficiency of the carpool program at the Intercept Lot location. 4. Once the above studies have been completed, the Director will consider whether additional information is required for further review or a reapplication is required pursuant to Section 12.30.30. 5. Any exterior lighting shall comply with the County lighting standards. 6. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. ○Location and Extent (L&E) Conditions: 1.​The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 2.​It is the intent of the Applicant to relocate the kiosk to the Intercept Lot and not ground the kiosk until the location is optimized. Any significant change to the size, location or operation of the kiosk may require further review. 3.​ ​Any exterior lighting shall comply with the County lighting standards. 4.​ ​Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. ●Of note from the Conditions of approval (underlined above) are the requirements to 1) monitor the usage of the kiosk relative to previous years, 2) conduct a traffic study to indicate the impact of the kiosk relocation on the vehicle operations at the intersection with Highway 82, and 3) an evaluation of the efficiency of the carpool program at the Brush Creek Park and Ride location. City, County and EOTC staff anticipate complying with these conditions of approval. ●Relocation reviewed by EOTC on October 18, 2018. ●This project was originally anticipated as a part of the FLAP Grant improvements. ●Project entails relocating City of Aspen Carpool Kiosk from the Aspen / Pitkin County Airport to the Brush Creek Park n Ride. 2303-18-19 TC PAcket Page 95 of 126 95 ●Carpool Kiosk is anticipated to be relocated permanently to the Park n Ride, however the Kiosk would be initially placed on skids for minor modifications in the placement as planning for surrounding FLAP improvements are finalized. ●The relocation is anticipated to: 1) Consolidate carpool and transit transportation options and, hopefully, encourage people who may have otherwise carpooled into town to take the bus instead; 2) Provide the carpool pass at a location where one or more cars can be parked for the day to simplify the carpool process for the user, thereby encouraging carpooling; and, 3) Reduce the amount of traffic merging into the bus lane from the airport to increase safety and efficiency of the bus system. ●Location of kiosk in Park and Ride is allowable by the lease with CDOT and the IGA with the City, County, and Town. CDOT has provided a letter of support for the relocation of the kiosk. ●Relocation funded by City of Aspen. BUDGETARY IMPACT: ●FLAP Grant - Matching Funds Budgeted by EOTC for 2020 ●Carpool Kiosk - None (funded by City of Aspen) RECOMMENDED EOTC ACTION: ●FLAP Grant Improvements - Feedback on Restroom Location (North of Station, Mid-Station, or On Platform) ○Staff Recommendation: Mid-Station ATTACHMENTS: 1) Latest Concept Plans for the FLAP Grant Improvements 2) Renderings and Site Plan for Kiosk Relocation 2403-18-19 TC PAcket Page 96 of 126 96 Attachment 1FLAP Improvements - Restroom Location 2503-18-19 TC PAcket Page 97 of 126 97 Attachment 1FLAP Improvements - Restroom Location 2603-18-19 TC PAcket Page 98 of 126 98 Attachment 1FLAP Improvements - Restroom Location 2703-18-19 TC PAcket Page 99 of 126 99 NORTHEXISTING OVER FLOW PARKINGBUS PICK-UP/ DROP-OFFHWY. 82KIOSK AREAOVERALL REFERENCE PLAN- NOT TO SCALECarpool Kiosk Relocation Attachment 2 2803-18-19 TC PAcket Page 100 of 126 100 HWY. 82APPROXIMATE PARKING KIOSK LOCATIONBRUSH CREEK RD.PARKING LOT ACCESS ROAD.BUS DROP OFF/ PICK UPOVER FLOW PARKINGAPPROXIMATE TURN-AROUND LOCATIONPARKING KISOK REFERENCE PLAN- NOT TO SCALENORTHCarpool Kiosk Relocation Attachment 2 2903-18-19 TC PAcket Page 101 of 126 101 POTENTIAL PARKING KIOSK SIGN LOCATIONBRUSH CREEK ROAD (PARKING LOT ENTRANCE/ EXIT ROAD)APPROXIMATE MOBILE PARKING KIOSK LOCATIONTICKETING WINDOWVIEW FROM PARKING LOT ACCESS ROAD LOOKING EAST- PROPOSEDAPPROXIMATE TURN AROUND AREACarpool Kiosk Relocation Attachment 2 3003-18-19 TC PAcket Page 102 of 126 102 AGENDA ITEM SUMMARY EOTC MEETING DATE: March 21, 2019 AGENDA ITEM TITLE: EOTC Retreat Scheduling Discussion STAFF RESPONSIBLE:David Pesnichak, Transportation Administrator THRU:Brian Pettet, Pitkin County David Peckler, Town of Snowmass Village John Krueger, City of Aspen ISSUE STATEMENT:​ At the last EOTC meeting in October 2018, the EOTC budgeted for a retreat in 2019. The purpose of the anticipated EOTC retreat is to move beyond status quo. In other words, the retreat is not an end goal, but a stepping stone. And in order to make this step a success, appropriate preparation is of utmost importance. While it is understood that some officials would like to have the retreat as soon as possible, staff feels that appropriate preparation time is necessary to help ensure it is productive and adequately addresses the desired outcomes. BACKGROUND: ​Over the past several months, the Transportation Administrator has met either one-on-one or within groups with almost every elected official on the EOTC, as well as associated staff. Based on these meetings, one prevolant thread is the desire to reevaluate and/or reaffirm the EOTC mission statement as well as identify shared values and vision. As these are some of the basic components to a strategic plan, Staff would like to focus the retreat and discussion topics as the first step in the process to the development of such a plan. The purpose of a strategic plan is anticipated to be a step back from the day to day operations of regional transportation and identify where you as a Committee are heading and what you think your priorities should be for the future. This kind of planning has become particularly important with the new hire of a Transportation Administrator and ensuring that this resource is utilized in an efficient and effective manner. Should the EOTC agree with the goal of utilizing the retreat as a stepping stone into a strategic plan, then the spring and summer months will be critical preparation for staff and the elected officials to ensure that the retreat is set up and geared appropriately. Specifically, staff anticipates utilizing this time to conduct a thorough environmental scan of the current regional transportation landscape. This scan can then be used by the EOTC at the retreat to help inform not only work on the mission statement, vision, and values, but also how the Committee would like to move forward with the development and implementation of a strategic plan. In order to allow staff and the EOTC time to appropriately set up the retreat and conduct an environmental scan, staff recommends that the retreat be scheduled for late July or early August 2019. This timing would move the retreat to more of the shoulder season yet before the fall picks up. It would 3103-18-19 TC PAcket Page 103 of 126 103 also allow newly seated elected officials to be prepared for an educational values and vision setting retreat. BUDGETARY IMPACT: ●The EOTC Budgeted $10,000 for a retreat in 2019. RECOMMENDED EOTC ACTION: ●Discuss goal of gearing the retreat as a stepping stone to an EOTC strategic plan. ○Staff Recommendation: Direct Staff to focus retreat as a first step in the development of a strategic plan ●Discuss a possible date for retreat either the later part of July or first part of August, 2019. ○Staff Recommendation: Identify a date in the later part of July or first part of August, 2019 to hold the retreat. ATTACHMENTS: ​None. 3203-18-19 TC PAcket Page 104 of 126 104 AGENDA ITEM SUMMARY TO: Elected Officials Transportation Committee FROM:David Peckler, Town of Snowmass Village​ ​Transportation Director MEETING DATE:March 21, 2019 SUBJECT:Mall Transit Station Project Update The Town has hired the firm Short Elliot Hendrickson Inc. (SEH) to create conceptual designs for a Mall Transit Station that will fit within a $7 million construction budget. SEH was selected based on their experience in designing transit stations: e.g. Denver RTD’s redevelopment of the 16​th​ Street Mall Civic Center Station. Their associates have experience in our area with their work on RFTA’s Bus Rapid Transit (BRT) park-&-ride designs, RFTA’s Integrated Transportation System Plan (ITSP); and design work on the Snowmass Fire Station. Staff representing the Town and RFTA had preliminary scoping meetings with SEH to define the objectives for the project, identify the constraints of the site, and review of the available information and data. SEH is in the process of developing three initial concept plans for review by the end of March. Scenarios that address the objectives and meet the constraints will be presented to the community for input. Based on community input, three scenarios with preliminary cost estimates will be analyzed to land a preferred design by mid to late June. 3303-18-19 TC PAcket Page 105 of 126 105 AGENDA ITEM SUMMARY EOTC MEETING DATE: March 21, 2019 AGENDA ITEM TITLE:High Occupancy Vehicle (HOV) Lane Enforcement STAFF RESPONSIBLE:David Pesnichak, Regional Transportation Administrator THRU:Joe DiSalvo, Pitkin County Sheriff ISSUE STATEMENT:​ According to the Upper Valley Mobility Report authored by the Community Forum Task Force in 2017 : The Colorado Department of Transportation (CDOT) initially conducted a robust public relations campaign to inform the traveling public about the SH 82 HOV program. Early on, the Colorado State Patrol (CSP) enforced the HOV lanes, and motorist compliance was high. Pitkin County courts, however, were reluctant to fine motorists who challenged tickets in court. Subsequently, enforcement dropped off, and tickets are no longer issued. The lack of enforcement of existing HOV restrictions is negating the benefits of the HOV lanes. Efforts are needed to secure judicial support, provide outreach, and fully enforce HOV laws. https://assets.aspeninstitute.org/content/uploads/2017/09/Community-Forum-Mobility-Report_Final.pdf At a meeting with the Task Force in October 2018, an update informed by the Pitkin County Sheriff, Joe DiSalvo, to the EOTC was recommended regarding High Occupancy Vehicle (HOV) enforcement on Highway 82. In January 2019, the Regional Transportation Administrator, David Pesnichak, met with the Pitkin County Sheriff to understand current challenges to enforcement of the HOV lanes on Highway 82. BACKGROUND:​ The Environmental Impact Statement (EIS) for Highway 82 between Basalt and Buttermilk started in 1987. From 1996 to 2004, the Colorado Department of Transportation (CDOT) constructed HOV lanes to accommodate vehicles with 2 or more passengers during peak travel times on Highway 82. The development of these lanes are part of the Record of Decision (ROD) stemming from the EIS for the enlargement of this section of Highway 82 to four lanes and has been implemented as a Transportation Demand Management (TDM) measure. The lanes are intended to increase transit efficiency and encourage carpooling. As a part of the design, it is understood that the HOV lanes were installed in the right lane, diverging from standard national practice, in order to accomodate RFTA buses that need to enter and exit the highway regularly to service stops. In addition, the hours of operation for the up valley lane and down valley lane 3403-18-19 TC PAcket Page 106 of 126 106 are only in effect for peak traveling times. Outside of these peak traveling timeframes, the HOV lanes are not in effect and are utilized as standard travel lanes. Specifically, ​the ​HOV lanes are in effect Monday through Friday from 6:00 a.m. to 9:00 a.m. up valley (to Aspen) and from 3:00 p.m. to 6:00 p.m. down valley (to Basalt)​. It is understood that while Colorado State Patrol and the Pitkin County Sheriff’s Office acknowledge the need to patrol the HOV lanes, enforcement of these lanes is often not a priority. This is due to other higher competing priorities for law enforcement which directly impact life, safety and property. In addition, the Pitkin County Sheriff’s Office is otherwise short staffed and it is understood that Colorado State Patrol has similar staffing issues. Possible ways to address compliance with the HOV lanes are as follows: -Increase staffing -Implement an education campaign -Automate enforcement (technology and legal ability to implement need to be explored) All of the above noted avenues to increase compliance require additional analysis and vetting to determine the appropriate course of action. In addition, any action should be considered within the greater scheme of transportation priorities for the EOTC and the region. BUDGETARY IMPACT: ​None at this time. RECOMMENDED EOTC ACTION: ​Consider enforcement measures for the HOV lanes as a part of a greater comprehensive plan to efficiently move people throughout the region. In the meantime, Staff has included HOV compliance messages as a part of the Dynamic Message Sign (DMS) to be located just down valley of the Brush Creek Park and Ride. This message is an attempt to increase awareness of the HOV lane, and hence increase compliance. As the other DMS’s along Highway 82 are controlled by CDOT, further conversation is necessary to determine the ability to utilize those signs for education and awareness as well. ATTACHMENTS: ​None. 3503-18-19 TC PAcket Page 107 of 126 107 AGENDA ITEM SUMMARY EOTC MEETING DATE:March 21, 2019 AGENDA ITEM TITLE:Aspen Country Inn STAFF RESPONSIBLE:David Pesnichak, Transportation Administrator ISSUE STATEMENT:​ The Aspen Country Inn taxi service program was implemented by the EOTC in 2001 to address bus stop safety issues faced by residents at this senior-priority housing complex. The lack of a grade separated pedestrian crossing, traffic signal, crosswalk or median at this location along Highway 82 makes it unsafe for Country Inn residents to use transit for down valley trips, or for return trips from Aspen. The EOTC implemented this taxi program in lieu of funding the construction of a highway underpass. At the October 18, 2018 EOTC meeting, Staff was instructed to look into the transportation landscape to identify what options are available for non personal vehicle transportation for the residents of Aspen Country Inn. Specifically, Staff was asked to look into transportation options provided by the Northwest Colorado Council of Governments (NWCCOG) and whether there are any opportunities to gain efficiencies or consolidate services. BACKGROUND: ​The Country Inn taxi program allows residents to use a taxi when their travel would otherwise require the crossing of Highway 82. Specifically, residents may take a taxi from downtown Aspen to the Country Inn or from Country Inn down valley as far as the Brush Creek Park and Ride. The typical trip involves a resident taking the bus to Aspen and using a taxi for the return trip. Utilization of the program has fluctuated over the years based on who is living in the complex, however, the program is generally appreciate by Country Inn residents. The program has been averaging approximately 10-20 trips per month but has seen average usage as high as 40 trips per month. While annual subsidies had been as high as approximately $9,000 per year, in recent years the subsidy has decreased to approximately $2,000 to $4,000 annually due to a dip in usage. Additional program costs include the printing of taxi vouchers as well as periodic educational materials. Management of this program is provided in-kind by the City of Aspen. Following an inquiry by the EOTC at the October 18, 2018 meeting, the Transportation Administrator researched the current landscape for transportation available to the residents of the Aspen Country Inn. Below is an outline of the findings. Non-Personal Vehicle Options for Aspen Country Inn Residents (further described below)​: -RFTA standard service (downvalley stop requires crossing Highway 82) 3603-18-19 TC PAcket Page 108 of 126 108 -Pitkin County Senior Van (for those 60+ only) -Pitkin County Non-Emergent Medical Transportation (NEMT) (for Medicare recipients only) Northwest Colorado Council of Governments (NWCCOG)​. NWCCOG operates Mountain Ride (​http://mtnride.org​), which is an information central service to assist seniors and people with disabilities find ride services within one location. While Pitkin County Health and Human Services contracts with NWCCOG to provide background support for ride finding (taxis or volunteers) for Non-Emergent Medical Transportation (NEMT) of Medicare recipients and the financial components of such rides, NWCCOG itself does not directly provide transportation services. Pitkin County Senior Services. Pitkin County Senior Services provides a senior van for those 60 and older that is operated through an Intergovernmental Agreement (IGA) with the Roaring Fork Transportation Authority (RFTA). The senior van operates on a semi-fixed route between Aspen Village, the Town of Snowmass Village and the City of Aspen dependant on demand and requests 4 days per week (Monday, Wednesday, Thursday, and Friday). Rides for seniors in Thomasville and Redstone are provided by volunteer drivers only. For those who need a ride outside of regular senior van hours the taxi fare is subsidized at 50%. When a senior needs a ride during van operating hours, however, and a van is not available then a taxi ride is subsidized at 100%. Should a senior need a ride outside of Pitkin County, such as Grand Junction or Denver, then Pitkin County Senior Services coordinates rides with volunteer drivers and offers mileage reimbursement for those volunteers. While the senior van does service the Aspen Country Inn, it is understood that usage has been minimal but fluctuates based on who is living in the complex. Pitkin County Health and Human Services​. As previously noted, Health and Human Services contracts with NWCCOG for Non-Emergent Medical Transportation (NEMT). NWGGOG both coordinates the rider with the local taxi company for this service and processes payment. This service is provided by High Mountain Taxi within Pitkin County and volunteer drivers for longer trips outside the County. According to CDOT: Non-Emergent Medical Transportation (NEMT) is transportation to and from covered non-emergency medical appointments or services, NEMT is only available when a Health First Colorado (Colorado's Medicaid Program) member has no other means of transportation. NEMT services are coordinated by a State Designated Entity (SDE). Colorado has three types of SDEs: 3703-18-19 TC PAcket Page 109 of 126 109 ●County Departments of Human Services ●Three Multi-county collaboratives: ■Northwest Colorado Council of Governments (​Mountain Ride Transportation Resource Center​) ■Northeast Colorado Transit Authority ​(County Express) ■San Luis Valley Multi-County Collaborative (Red Willows) ●State contracted NEMT broker - ​Veyo Conclusion​. Based on the above findings, NWCCOG does not provide an alternative for the “taxi program in lieu of a bus stop” service that is currently subsidized by the EOTC for all residents of Aspen Country Inn. While there are some duplicative services for those who either qualify for the senior van or an NEMT qualified medicare recipient trip, there are no general services for these residents that can completely substitute the taxi in lieu service. Alternatives to providing this service include the construction of an under / overpass or the implementation of dedicated bus service. The City’s Burlingame / Hwy 82 bus service does not present a viable alternative due to its limited schedule, as well as the operational constraints of entering and exiting the Country Inn facility without the assistance of a traffic signal. This said, it is understood that at least a few residents of Aspen Country Inn do utilize the Burlingame bus from Aspen by riding through the Burlingame development, then getting off on the Aspen Country Inn side of Highway 82 to avoid the dangerous crossing. It is understood that most residents who are 60+ often split their transportation between the senior van when it is available, subsidized Senior Services taxi service with the van is not available, upvalley regular RFTA service (seniors ride free), the RFTA Burlingame bus service, the subsidized EOTC tax service, and their personal vehicles. While Aspen Country Inn is a senior priority housing development, it is not strictly limited to those who are 60+ years old. Those who are not yet 60 do not have the option of the senior van or the Senior Services subsidized taxi service, but are able to take advantage of the RFTA bus and EOTC subsidized taxi services. BUDGETARY IMPACT:​ None. Information Only. RECOMMENDED EOTC ACTION:​ None. Information Only. ATTACHMENTS:​ None. 3803-18-19 TC PAcket Page 110 of 126 110 AGENDA ITEM SUMMARY EOTC MEETING DATE:March 21, 2019 AGENDA ITEM TITLE:X Games Revenue Estimates vs. Costs STAFF RESPONSIBLE:David Pesnichak, Regional Transportation Administrator ISSUE STATEMENT: ​As a part of the EOTC 2019 budget discussion in October 2018, further information was requested regarding the financial impact, specifically tax revenue collected, as a result of the Aspen X Games event. BACKGROUND:​ The EOTC has routinely provided financial subsidies for bus transportation during the Aspen X Games events. While the amount of the subsidy has increased over time, in 2019 the EOTC budgeted $115,000 to offset the cost of this service. This memo is intended to provide context in regards to the estimated tax revenue collected from the events as well as the cost of providing the increased bus service. This memo does not attempt to quantify other secondary effects from the event on the area economy, including the impact of increased press coverage and altered area reputation that could impact visitation outside of the Aspen X Games event. It is also worth noting that all tax revenues collected are estimates. Due to the tax collection methods, pinpointed exact revenue derived from the event is not possible. Based on economic impact figures obtained from ESPN and SkiCo, the estimated economic impact of X Games and the calculated estimated tax revenue collected are outlined below. ESPN Estimated Economic Impact​: -115,000 visitors for X Games in 2018 -$18-19 Million - Estimated Total Economic Taxable Impact within Pitkin County (ESPN expenditures + venders and employee lodging + local leisure expenditure) ($21.7 Million - Estimated Total Economic Impact from Glenwood Springs to Aspen) ___ X Games Local Sales Tax Collection Estimates:​ Excluding State Sales Tax which is collected at 2.9%, below is the breakout between local jurisdictions, based on each jurisdictions’ sales tax collection rate from 2016. Pitkin County: $309,600 City of Aspen: $495,360 Basalt (in Pitkin County): $26,841.60 3903-18-19 TC PAcket Page 111 of 126 111 Town of Snowmass Village: $151,200 TOTAL Local Sales Tax Rev.: $983,001.60 (excluding State Sales Tax) ___ X Games State Sales Tax Collection Estimate:​ Collected by State at 2.9% countywide. TOTAL State Sales Tax Rev. (2.9%): $526,242 ___ X Games 0.5% Transit Sales Tax Collection Estimate​: As this tax is applied at 0.5% of all sales countywide, this estimate was calculated at 0.5% of the estimated overall $18M economic impact within Pitkin County, including municipalities. This is the tax revenue that comes to the EOTC. TOTAL 0.5% Transit (EOTC): $90,000 (0.5% of $18M total) Note: Of the estimated $90,0000 collected during the X Games from the 0.5% EOTC transit sales tax, 81.04% goes directly to RFTA. So, of that estimated $90,000 total collection, $72,936 goes to RFTA while $17,064 stays with the EOTC within their discretionary mass transportation budget. ___ X Games 1.0% Transit Sales Tax Collection Estimate​: As this tax is applied at 1.0% of all sales countywide, this estimate was calculated at 1.0% of the estimated overall $18M economic impact within Pitkin County, including municipalities (excluding Town of Basalt in Pitkin County). TOTAL 1.0% Transit (RFTA & Municipalities): $180,000 (1.0% of $18M total) Note: 48.13% of this tax revenue goes directly to RFTA while the remainder is split between the Town of Snowmass Village (~11.10%) and the City of Aspen (~40.77%) based on their proportionate share of local sales tax revenue collection. From the $180,000 estimated collection from the X Games from this tax, an estimated $86,634 goes to RFTA, $73,394 goes to the City of Aspen, and $19,971 goes to the Town of Snowmass Village. ___ X Games Lodging Tax​: Based on previous sales tax reports, it is estimated that approximately 36.5% of total expenditures are on lodging during the winter months. Assuming this to be within the ballpark for the X Games event, the lodging tax was calculated at 36.5% of the overall estimated $18M total expenditure. This tax is then applied at different rates based on the location of the lodge and was assumed to be proportionate to each jurisdiction’s percentage of sales tax collected within the County. [($18M total expenditure x 36.5% estimated percentage of lodging expenditure from total) x portion of jurisdiction sales tax from 2016 x lodging tax rate by jurisdiction] Pitkin County: No Tax City of Aspen: $28,251 Town of Basalt (in PitCo): $3,022.20 Town of Snowmass Village: $17,660.16 4003-18-19 TC PAcket Page 112 of 126 112 TOTAL Lodging Tax: $48,933.36 ___ X Games TOTAL Estimated Tax Collection​: This is a total of the general sales tax, 0.5% transit sales tax to EOTC, 1.0% transit sales tax to municipalities, and lodging tax (if applicable by jurisdiction). TOTAL Est. Collections Including State Sales Tax: $1,828,177.36 TOTAL Est. Collections NOT Including State Sales Tax (Local): $1,301,934.96 ___ X Games RFTA Service Cost​: RFTA provides enhanced bus service for the X Games through a Service Agreement with SkiCo. RFTA charges SkiCo hourly to provide this increased service. The known costs are for RFTA service only and do not include costs for other private bus services that are hired by SkiCo. Hourly fees are only charged for bus service where the fare would otherwise not be collected. In other words, the charge for additional RFTA service is only for service from the Brush Creek Park and Ride to Aspen and Snowmass where a fare would not normally be charged to the rider. Service provided downvalley of the Brush Creek Park and Ride is not charged to SkiCo. 2016 - 2018: Costs range from approximately $74,000 to $83,000 to provide increased RFTA service during the X Games event upvalley from Brush Creek Park and Ride. These costs are charged to the EOTC and are paid directly to RFTA as a result of the approved subsidy. BUDGETARY IMPACT: ​None - Information Only RECOMMENDED EOTC ACTION: ​None - Information Only ATTACHMENTS: ​None 4103-18-19 TC PAcket Page 113 of 126 113 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: March 18, 2019 AGENDA ITEM: Owl Creek Road and Brush Creek Road Roundabout Design update. PRESENTED BY: Anne Martens, Public Works Director BACKGROUND: The design team for the intersection improvements at Owl Creek Road and Brush Creek Road continue to work through design details and background information. Attached are exhibits that compare a full size and a small size roundabout. Staff would like to discuss the various elements related to these two designs. Both designs include a roundabout with a bypass right turn lane onto Owl Creek Road as the intersection improvement. The design also includes transit stops for both RFTA and the Town Shuttle, Pedestrian Crosses, and associated facilities. The project also includes options to address the Brush Creek stream utilizing the 72-inch culvert under Brush Creek Road. These options include either a bridge crossing over Brush Creek or box culvert that incorporates a pedestrian underpass. Lastly, the project includes pedestrian access in the project area such as the Brush Creek Trail and associated walkways. All of the utility owners have infrastructure in the project area that are aging and would be upgraded as part of the improvement project. All of the work to date provides background data to be incorporated into the design recommendations and discussions. The project construction schedule has not been recommended at this time and will be further discussed as cost estimates become available and funding options are discussed. FINANCIAL IMPACT: The 2019 budget includes funding for the design for this intersection. 03-18-19 TC PAcket Page 114 of 126 114 APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: This project is associated with the council goal of improving safety within the community. This project will improve the existing level of service of the intersection but will also improve other multimodal elements such as pedestrian crossings, transit elements, and trail access. There are also several other elements associated with this project, such as storm drainage improvements and the stream crossing, along with the other utility infrastructure improvements. COUNCIL OPTIONS: 1. This agenda item is a staff update and does not require council action. STAFF RECOMMENDATION: No action is required with this agenda item. ATTACHMENTS: Exhibit A – Large vs Small Roundabout preliminary design comparison. 03-18-19 TC PAcket Page 115 of 126 115 Title:RoundaboutComparison ExhibitRevision#Dwg No.Brush Creek Roundabout Snowmass Village, COJob No.Drawn by:Date:File:PE:QC:91004DAMC1.8.19RGNBrushCreekRB-ComparisonExhibitRG118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By: Preliminary Not For ConstructionProject Milestone:13Of :Graphic ScaleIn Feet: 1" = 60'0 30 6012003-18-19 TC PAcketPage 116 of 126116 Title: 115' RoundaboutRevision#Dwg No.Brush CreekRoundaboutSnowmass Village, COJob No. Drawn by: Date: File: PE:QC: 91004D AMC 1.8.19 RGN BrushCreekRB-ComparisonExhibit RG 118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.comDate By:Preliminary Not For ConstructionProject Milestone:2 3Of : Graphic Scale In Feet: 1" = 60' 0 30 60 120 03-18-19 TC PAcket Page 117 of 126 117 Title:87' RoundaboutRevision#Dwg No.Brush Creek Roundabout Snowmass Village, COJob No.Drawn by:Date:File:PE:QC:91004DAMC1.8.19RGNBrushCreekRB-ComparisonExhibitRG118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By: Preliminary Not For ConstructionProject Milestone:33Of :Graphic ScaleIn Feet: 1" = 60'0 30 6012003-18-19 TC PAcketPage 118 of 126118 1 MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: March 18, 2019 SUBJECT: Resolution No. 24 of 2019 – Use Tax IGA with Pitkin County I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Consideration and approval of an IGA with PitCo to collect and remit Use Tax on construction materials. II. BACKGROUND TOSV does not impose a Use Tax on construction materials and supplies used or consumed in TOSV and PitCo does impose a Use Tax on construction materials and supplies used or consumed in TOSV. III. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS TOSV Community Development Department has been collecting PitCo Use Tax for several years. This IGA formalizes the arrangements. IV. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council approve the IGA with PitCo. 03-18-19 TC PAcket Page 119 of 126 119 TOWN OF SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 RESOLUTION NO. 24 4 SERIES OF 2019 5 6 A RESOLUTION AUTHORIZING THE ENTRANCE INTO AN 7 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF SMOWMASS 8 VILLAGE AND PITKIN COUNTY FOR THE COLLECTION OF USE TAX BY THE 9 SNOWMASS COMMUNITY DEVELOPMENT DEPARTMENT FOR REMITTANCE BY 10 THE SNOWMASS FINANCE DEPARTMENT TO PITKIN COUNTY 11 12 WHEREAS, the Town of Snowmass Village (“TOSV”) and Pitkin County (“PitCo”) 13 are both political subdivisions of the State of Colorado; and 14 15 WHEREAS, pursuant to C.R.S. §§ 29-1-201, et seq. and 29-20-105, local 16 governments are authorized and encouraged to cooperate or contract with other units of 17 government in matters set out in this Intergovernmental Agreement (“IGA”); and 18 19 WHEREAS, TOSV does not impose a Use Tax on construction materials and 20 supplies used or consumed in TOSV and PitCo does impose a Use Tax on construction 21 materials and supplies used or consumed in TOSV; and 22 23 WHEREAS, TOSV and PitCo desire to simplify and streamline the collection and 24 remittance of the PitCo Use Tax on construction materials and supplies used or 25 consumed in TOSV; and 26 27 WHEREAS, the Town Council desires to approve and enter into the proposed 28 Intergovernmental Agreement (“IGA”) to establish a process to collect Use Tax payments 29 by the Snowmass Community Development Department and remit such payments by the 30 Snowmass Finance Department to PitCo; and 31 32 WHEREAS, the Town Council finds that the adoption of this Resolution is 33 necessary for the immediate preservation of the public health, safety and welfare. 34 35 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of 36 Snowmass Village, Colorado: 37 38 1. Approval of Proposal. The proposed IGA to establish a process to collect and 39 remit PitCo Use Tax, in the form of the Intergovernmental Agreement attached hereto as 40 Exhibit "A" and incorporated herein by this reference, is hereby approved and accepted. 41 03-18-19 TC PAcket Page 120 of 126 120 Resolution No. 24, Series of 2019 Page 2 42 2. Direction to Town Manager. The Town Manager is hereby authorized and 43 directed to execute the Intergovernmental Agreement as approved. 44 45 3. Severability. If any provision of this Resolution or application hereof to any 46 person or circumstance is held invalid, the invalidity shall not affect any other provision or 47 application of this Resolution which can be given effect without the invalid provision or 48 application, and, to this end, the provisions of this Resolution are severable. 49 50 INTRODUCED, READ AND ADOPTED, by the Town Council of the Town of 51 Snowmass Village, Colorado, on the 18th day of March, 2019 upon a motion made by 52 Council Member ____________________, seconded by Council Member 53 ________________, and by a vote of _______ in favor and _________ opposed. 54 55 56 TOWN OF SNOWMASS VILLAGE 57 58 By: _____________________________ 59 Markey Butler, Mayor 60 ATTEST: 61 62 ___________________________ 63 Rhonda Coxon, Town Clerk 64 APPROVED AS TO FORM: 65 66 67 ________________________________ 68 John C. Dresser, Jr., Town Attorney 69 03-18-19 TC PAcket Page 121 of 126 121 INTERGOVERNMENTAL AGREEMENT BETWEEN THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF SNOWMASS VILLAGE FOR THE PROVISION OF USE TAX COLLECTION THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this ______ day of ____________________, 2019 by and between the Board of County Commissioners of Pitkin County, Colorado, (“Pitkin”) whose address is 530 East Main Street, Suite 302 Aspen, Colorado 81611 and the Town of Snowmass Village (“Snowmass”), whose address is P.O. Box ____________, Snowmass Village, 81615 (together the “Parties” and singularly a “Party”) RECITALS WHEREAS, This Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution. WHEREAS, Pursuant to Resolution No. 149-1993 of the Board of County Commissioners of Pitkin, a question was proposed and approved by the electorate of Pitkin, imposing an additional ½% use tax for the privilege of using or consuming in Pitkin any construction and building materials purchased at retail. WHEREAS, Resolution No. 093-149 of the Board of County Commissioners of Pitkin provided that the use tax on construction and building materials be collected according to the procedures established by Resolution No. 088-1999 of the Board of County Commissioners of Pitkin as amended by Resolution No. 023-1989 and as they may be amended by future resolutions WHEREAS, Resolution No. 002-2008 of the Board of County Commissioners of Pitkin amended Resolution No. 023-1989 of the Board of County Commissioners of Pitkin (in part) as follows: 1) To collect, administer, and enforce the ½% use tax imposed by Resolution #93- 149 of the Board of County Commissioners of Pitkin for the privilege of using or consuming in Pitkin, any construction and building materials purchased at retail. The use tax shall be imposed on the building materials’ purchase price. 2) That every person who is required to obtain a master building permit in Pitkin shall remit a deposit to Pitkin at the time the building permit is issued at the rate of 0.5% multiplied by fifty percent (50%) of the total valuation of the construction project (as an estimate of the cost of construction materials). A master building permit is the primary permit issued for a building or unit. WHEREAS, Persons who are issued a building permit by the Snowmass Community Development Department are subject to the amended provisions in Resolution No. 023-1989 of the Board of County Commissioners of Pitkin and as amended by Resolution No. 002-2008 03-18-19 TC PAcket Page 122 of 126 122 of the Board of County Commissioners of Pitkin. Exemptions to this legislation are non- profits and government projects. WHEREAS, Pitkin is requesting the Snowmass Community Development Department to collect a deposit from taxpayers who apply for a building permit for any project in Snowmass, equal to .5% of 50% of the construction estimate at the time of building permit approval. Further, to provide other information to Pitkin to assist the Pitkin Finance Department in determining which taxpayers are subject to the Pitkin use tax requirements. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the Parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Effective May 1, 2019, the Snowmass Community Development Department will calculate 0.5% of fifty percent (50%) of any construction project located in Snowmass and collect this percentage at the time of building permit approval. 2. Snowmass will deposit this 0.5% deposit in a liability account and pay such fees to Pitkin on a quarterly basis. Further, Snowmass will electronically provide Pitkin County with the following information: A. The address of the property, owner(s) name and contact information for all properties that have been issued a building permit by the Snowmass Building Department, which are located in Snowmass. B. A list of Certificate of Occupancies issued to owner(s) for properties located in Snowmass Pitkin. 3. Pitkin shall require the builder, within ninety (90) days of the issuance of a certificate of occupancy, to reconcile the actual cost of construction vs. the amount deposited and send the final reconciliation return to the county. 4. Assignability. This agreement is not assignable by either Party. 5. Modification. This Agreement may be changed or modified only in writing, by an agreement approved by the respective Boards of the Governments and signed by authorized officers of each Party. 6. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and all other promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. 03-18-19 TC PAcket Page 123 of 126 123 7. Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. 8. Termination Prior to Expiration of Term. Any Party has the right to terminate or withdraw from this Agreement, with or without cause, by giving written notice to the other Parties of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. Termination of the Agreement relieves the cancelling or withdrawing Party of any further responsibility under this Agreement except for specifically identified obligations of a continuing nature based upon past performance under the Agreement. 9. Notice. Any notice required or permitted under this Agreement shall be in deliverable by e-mail, U.S. Mail or process server to: To: Pitkin County With copies to: Pitkin County Attorney’s Office 530 East Main Street, Ste. 301 Aspen, CO 81611 attorney@pitkincounty.com To: Town of Snowmass Village With copies to: Town of Snowmass Village P.O. Box 5010 Snowmass Village, CO 81615 7. Government Immunity. The Parties agree and understand that both Parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the Parties or any of their officers, agents, or employees. 8. Current Year Obligations. The Parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of the Parties. The Parties’ obligations under this Agreement are subject to each individual Party’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of either or 03-18-19 TC PAcket Page 124 of 126 124 both Parties within the meaning of any constitutional or statutory debt limitation. This Agreement shall not be construed to pledge or create a lien on any class or source of either parties’ bonds or any obligations payable from any class or source of each individual Party’s money. 9. Binding Rights and Obligations. The rights and obligations of the Parties under this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. 10. Agreement made in Colorado. This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County, Colorado. 11. Attorney Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the substantially prevailing Party, whether by final judgment or out of court settlement, shall recover from the other Party all costs and expenses of such action or suit including reasonable attorney fees. 12. No Waiver. The waiver by any Party to this Agreement of any term or condition of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any Party. 13. Authority. Each person signing this Agreement represents and warrants that said person is fully authorized to enter into and execute this Agreement and to bind the Party it represents to the terms and conditions hereof. The foregoing Agreement was approved by the Board of County Commissioners of Pitkin County, Colorado at its regular meeting held on the _____ day of , 2019. The foregoing Agreement was approved by The Town of Snowmass Village Council at its regular meeting held on the _____ day of , 2019. In Witness whereof, the parties hereto have caused this agreement to be executed as of the day and year first above written. TOWN OF SNOWMASS VILLAGE APPROVED AS TO FORM By:________________________ By:_______________________ 03-18-19 TC PAcket Page 125 of 126 125 Clinton M. Kinney, Town Manager John Dresser, Town Attorney BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF PITKIN COUNTY, COLORADO By:_______________________ By:__________________________ Greg Poschman, Chair John Ely, County Attorney Manager Approval: By:______________________ Jon Peacock, County Manager 03-18-19 TC PAcket Page 126 of 126 126