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06-06-11 Town Council Packets SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA JUNE 6, 2011 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 3:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: FINANCIAL UPDATE (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Listen to presentation by staff and provide feedback Marianne Rakowski ...........................Page 1 (TAB A) Item No. 5: REVIEW ELK CAMP RESTAURANT ADMINISTRATIVE MODIFICATION TO SPECIAL REVIEW, AND DRAFT RECORD OF DECISION (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Review and provide input concerning the applicant's proposed changes and the draft Record of Decision. -Chris Conrad /Jim Wahlstrom ........................Page 12 (TAB B) Item No. 6: CONTINUATION OF PUBLIC HEARING FANNY HILL CABINS MINOR PUD AMENDMENT (Time: 10 Minutes) ACTION REQUESTED OF COUNCIL: Open the Public Hearing, and continue it to a fixed date, time and place, per applicant's request of May 26, 2011. -Jim Wahlstrom ...........................Page 37 (TAB C) Item No. 7: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest ...........................Page 45 (TAB D) Item No. 8: AGENDA FOR NEXT TOWN COUNCIL MEETING ...........................Page 48 (TAB E) 06-06-11 TC Page 2 of 2 Item No. 9: APPROVAL OF MEETING MINUTES FOR: Page 49 (TAB F) Item No. 10: COUNCIL COMMENTS /COMMITTEE REPORTS/CALENDARS Page 56 (TAB G) Item No. 11: EXECUTIVE SESSION Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically discuss one items: a) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6 402(4)(c) and Snowmass Village Municipal Code Section 2- 45(()(2); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session Item No. 12: RESOLUTION NO. 20, SERIES OF 2011 APPROVING SETTLEMENT —A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN LOGO CONCRETE, INC. AND PROFESSIONAL EXCAVATING, INC. AND THE TOWN OF SNOWMASS VILLAGE (Time: 10 Minutes) ACTION REQUESTED OF COUNCIL: Approve the proposed settlement. --John Dresser ...........................Page 58 (TAB H) Item No. 13: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 1.5 hours (excluding items 1-3 and 8 —13) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. MEMORANDUM TO: Snowmass Village Town Council FROM: Russ Forrest, Town Manager Marianne Rakowski, Finance Director DATE: June 6, 2011 SUBJECT: Financial Update I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Review updated 2011 revised budget numbers and provide direction to staff on the following items (these items are further described in the attached spreadsheets: General Fund Volunteer Program Ice Age Consultant Extension Police Officer expense equipment Merit Pool RETT Fund RETT Revenues Summer Mountain Maintenance Open Space- Trail/Wildlife Study II. BACKGROUND Attached are the updated 2011 revised numbers for the General Fund, RETT Fund and Excise Tax Fund. The Budget Summaries for the above funds show a box containing: the 2011 adopted budget; the changes that were reviewed with you on 3/ 21/11; and an additional column labeled 6/6/11. Behind each Budget Summary, there is a sheet containing the backup detail for both the 3/21/11 and the 6/6/11 changes. SUMMARY General Fund (Attachments A B) At the 3/21/11 meeting, the General Fund showed an additional $668,423 in revenues... mostly from the property tax increase for Droste and Transportation services. The increase in expenditures from March showed an increase of $894,233, most of this is adding the expenditures for Droste and Transportation 00--1 0000 Summer service as well as some expenditures that were budgeted for in 2010, but were carried over to 2011. The 6 /6 /1 lcolumn includes additional revenues of $115,050, mostly due to increases in the Transfers in from the RETT and Road Fund to account for the increase in vehicle gas oil costs. There is an additional $232,745 in expenditures, which is detailed in the attachment and includes both increases and decreases in budgeted expenditures. The expenditures also includes a merit pool of $153,000, which is a 3% increase over the annual budgeted payroll amount. Since potential raises would not be effective until July 1 the range of raises (based on performance) would be from 0% to 6 which is similar to how it was managed prior to the economic downturn. There are a couple of requested positions that have been discussed at staff level that may be brought forward to Council during the normal budget process. We have not made any adjustments to the sales tax projections at this time, although we are anticipating being up from budget for 2011. The current projected ending fund balance for 2011 revised is $6.4M. RETT Fund (Attachments C D) There are three changes to the RETT Fund since the 3/21/11 meeting. The first one proposes to increase the RETT revenues by $185,000 based on Y -T -D RETT collections, thereby increasing the budget from $1,250,000 to $1,435,000. Through 5111/11, the Town has collected $740K. In 2010, the Town collected $1,624,000 in RETT. On the expenditure side, we increased the Transfer out General Fund for Transportation Vehicle Gas Oil increases and for the Transportation rolling stock costs associated with the addition of the summer bus service. We also added $15K for Summer Mountain Trail Maintenance. The current projected ending fund balance for 2011 revised is $23M. Excise Tax Fund (Attachments E F) There are no changes to the revenues of this fund at this time although we have not received any excise taxes y -t -d as of 5111/11. The only change to expenditures in this fund is the additions of the Fire Alarm System and the Foundation Repairs that Council approved on 5/2/11. iv_ III. STAFF RECOMMENDATION Review and discuss the attached financial information and provide direction to staff on the below items: General Fund Volunteer Program Ice Age Consultant Extension Police Officer expense equipment Merit Pool RETT Fund RETT Revenues Summer Mountain Maintenance Open Space- Trail/Wildlife Study MOW r r I t+ ry Z a -n a o p o m Z o o> 3° Z a m Z 3 3 S g@ Z 3 T z CI O N O Z W 0 Z�� H O a o m A a w c Z p Z a �v C l x O m `x3 x r m o Z Z y p m c g S 3 p n r O a s p m O a m z m O N C O m 3 X Q Fop,�0 FA ��x �m Si m m a ka, 3 Z Z Z A m m n m (n r� H m 7. v c Z c W (A r N in m p m m S° n Z p -i T N N to l 0 0 0 Z m p rll G O m m Z m Z 4R p m m (~s}i I m? 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M M: +A M M +A M k O r P b P O t'n N I.n W Q 0 J In ,O �Aa Ft�Y`W A V, P W (T P O O 0o O O .t Waa O O O O 0 0 bOO V P m. w J�. o y .�I. to P o V V P N A m V m a a V v O. oO O S oo a P O V W V O O (]I O p O O P O O O p O W p P p O p N O O N A M, S O S O N S S O CY 0 0 N M M +A +R H H +A M +A +A v 10 (.0 OD b N N T i71 VI O �D O N P O t'A (01 W O ty A W N N m A W O O O O GI UI V O O O O P N W +D (n P O V N w (11 O 8 O N LA O O O �4 Town of Snowmass Village Budget Analysis for 2011 revised. ATTACHMENT B (minus figures are unfavorable) 9 Revisions Revenues Operating Solid Waste Revenues (Charges for recycling) 39,776 TIGGER II Grant (Offsets majority of costs for Parcel C garage Imp) 73,936 Property Tax (Transportation Services) 357,000 Property Tax (Droste Property contribution) 200,000 5311 FTA Grant (Reduction in Federal grant revenues) (2,289) Total 2011 Revenue Revisions 668,423 Expenditures- Operating Capital Ice Age funding (Consultant) (5,750) Energy Efficiency Exp (Holy Cross funds) (Use remaining 2010 expenditures- reserved) (185,040) Road Vehicle Replacement (Sweeper from 2010 amount reserved for this) (195,461) Town Hall Roof (Replace membrane where leaks are occurring) (16,720) Transp Tigger Grant Expenses (Fast closing Parcel C Doors LED Lighting) (82,152) Transp -Bus Service (Add back Summer Bus Service) (174,290) Droste Property Contribution (Budget expend to PITCO Open Space) (200,000) Leadership Training (Part of Strategic Goals for the Town) (12,000) Other Town Departments (S.W. P/R Benefts, Clerk Trvl /Training) (22,820) Total 2011 Expenditure Variance (894,233) tj.. �xP .`;t4�',MtIcl'"� tYfl2�,�.y�1 Y�S Ia�^3SI°g^;s'°v.� 2011 Add'I Revisions Revenues Operating from 3/21/11 668,423 Transportation Parking Revenues (Revised based on winter revenues) (8,950) Transfer In -RETT (Vehicle Gas Oil $52K /Transportation Summer Svc $30K) 82,000 Transfer In -Road (Vehicle Gas Oil) 42,000 Total 2011 Revenue Revisions 115,050 Total 2011 Revenue Variance 3 -21 -11 6 -06 -11 783,473 Expenditures- Operating Capital from 3 -21 -11 (894,233) Solid Waste Division (Recycle Dump Fees) (15,000) Town Clerk (G.A. Telephone Lines savings based on 2010 actual) 40,000 Finance (Property Tax collection Fees to Pitco) (11,140) All Departments (Health Insurance renewal savings from budget) 100,000 All Departments (Vehicle Gas Oil Increase) (121,000) Transportation (Reclass 2 existing employees to FTYR based on hours) (12,000) Shop Division (Equipment to dispense diesel engine emissions) (3,000) Town Mgr /Community Relations (Volunteer Program) (5,000) Ice Age Funding (Consultant extension) Public Safe (3,00) Safety (Officer /Equipment) (49,6605) All Departments (Merit Pool) (153,000) Total 6/06/11 Expenditure Revisions (232,745) Total 2011 Expenditure Variance 3 -21 -11 6 -06 -11 (1,126,978) 10 T c'A c a t of W m u u o xX a r�ii p a 3 3 A m d m R ry O H f1 O O O L N A o z a M z m n cr rt 3. Z7 N N C 3 A f c N o T c 'o a m tI+ to +R to +s+ AW p w OD VV cna a N A i+ N a c A O to O of co w w N to O OO p O b Cl O 0 0 O W m 0 r w OD N {p cm m O O �D N O OW 11 D N O I` O U1 O O A O O i!. r N A t k w V W N O O V �D W O cn O ao q m O Pi o °o O °o w S v o S w C a cn ifs I7TD7 1 W 7ma N te m N m N l< m Lin a, a IM OD O O N O N N p (A O m cn o OD m v D a 0 0 0 v o o n o x 4l 0 0 a 0 0 S o a 0 0 0 0 0 o m J.P+ Aft Vs tw tPr A tR m 70 w 0 L,) ,p O N N 4 m O r.. O N W (n N w w o m w O O m �s+ `o v (A) 0 0 0 w on v rn O cn o 0 o p o O o 0 0 o 0 0 0 o O p o N O C? rn a a V W N 3 r W V O a.• (D O N V V n a• ID O. m w O w w m OD rn o 0 o I.A. o 0 0 0 0 o rn a W V O O S S to O O O O O to Cl w O O O O O V m JW to iii JW A fPr N N A pa p p• N Ol W O O W N S m N W co OD W (A N O 8 1 W -W N 0 O0 {y� �ANa w 0 V Oo O O O %O V O \O O 14 0 S S o S g S o JW J.* JW -W p Vk O C71 r ON N N lR 7C Cll N O VI T V V O r O w V OOD CO ((A w m Fw, N S i!+ N w -W V OD 0 0 p 0 o S S S$ 0 8 8 o 1W JW Vf p ifi yh 'o oo� pW to Q N N N F+ p �O S N A aD p N O 1 4 (31 of m V (A A PI V p O O O W 0 w ifl w V w m O O O S S S y V pN V v O S S O O iR tR kh iA cil iA !A 1W -W N N N 70 %O Ul O Q O 00 O O O U1 VI W \p \O o 0 0 0 o c v cn 0 o 8 8 8 8 0 8 S S o ATTACHMENT D (minus figures are unfavorable) 2011 Revisions Revenues- FTA Grant (For Bus Purchases originally budgeted in '09,'10 448,338 pushed to 2011 due to production timing) Total 2011 Revenue Revisions 448,338 Expenditures- Operating Capital Buses and Equipment (For Bus Purchases originally budgeted in '09,'10 (1,550,821) pushed to 2011 due to production timing) Total 2011 Expenditure Variance (1,550,821) 2011 Add'I Revisions Revenues -from 3/21/11 448,338 RETT Revenues (Based on Y -T -D revenues) 185,000 Total 2011 Revenue Revisions 185,000 Total 2011 Revenue Variance r3 -21 -11 6 -06 -11 633,338 Expenditures- Operating Capital from 3/21/11 (1,550,821) Transfer Out General Fund (Vehicle Gas Oil $52K /Transp Summer Svc $30K) (82,000) Summer Mountain Maintenance (to Aspen Skiing Company) (15,000) Total 2011 Expenditure Variance (97,000) Total 2011 Revenue Variance 3 -21 -11 6 -06 -11 (1,647,821) Other Considerations k: Open Space Trails Study 28,000.00 Z N 9 Z 7 X A C'1 v m v° H i. 0 n m m a R O o m p m Iq 0 O c 4l i 0 0 o H o 0 0 T N C O 41 3 z s r n a o 3 p n n n; 'S N A Q O Z n tl o. N A 10 S Z v C 3 m �O O t% 3: o t A i v O N N N O l0 r 3 4 O m i f O S S N t— 1n n t S S Ul 0 0 3 M v 3 o A 0 0 N N H N H v O O 3 iPr ip U1 U1 n Ln N OD OD A O r j 00 In N r N N H+ N W )a N w w c �D c o O, co v V V O O W N O �o W Ol O p O C W W O0 iH +FR V V N O bt V O� A O O 0 O %D 0 V V 0 0 0- .v N N O O O O .p O, N 0 0 t71 O V O O O o O W ii+ 'b+ tit T {i V V W N N iA N ii+ -N N N .p .p. tD 140 VO UI V A 0 -C, 0 ti4 {A {R H+ iR H+ O H+ b+ (77 N G 0 0 O O O O O 0 0 0 0 0 0 'C Ul Ul U7 0 0 0 0 0 0 0 0 0 0 0 0 0 Z 01 O O 0 0 O O O 0 0 0 0 0 0 Ui C X O 00 oo 70 {R (p W W m N tW .V iR ii+ U1 A G} H U1 00 2n H O w O O p p w H p -j m 0 v -U+ 1 .0 ii+ o i» o Ea b+ p° w 0 0 0 9 p 0 o O p %D 0 0 m -I 0 0 0 0 o X N N 0 0 0 0 0 0 0 0 0 0 N 0 0 O o 0 0 0 O o 0 0 0 o N fR iii {p a C H ol (31 00 UI V \0 N 0 H OD O O w H O 9 PO 00 0 0 0 0 0 0° o o, O o o O 00 v ry w o 0 0 0 O o 0 o o O o O o ('n N 0 0 0 0 O O O 0 0 0 0 0 N �D �a iR fi+ v 0 o y +s► o a rn H D y v+ p 0 Cl V ii+ b+ b4 iPr 0 A Q ih 'b+ b+ iA ii+ V+ N CZ. 1 m O 0 0 0 0 0 0 0 0 0 0 0 V m Ln v 0 0 0 0 0 0 0 0 0 0 0 0 0 cn j V 0 0 0 0 0 0 0 0 0 0 0 0 0 V v 0 0 aD A 00 w O Q -co UI Ui 0 N Ln Q N Cl m Z A P PD (h H+ iH H+ +A- HR iR 0 iPr H+ iPr p -I PD ao 00 0 0 0 0 0 0 0 0 0 0 0 p -0. 0 0 0 0 0 0 0 0 0 0 0 O 'm N N N O O o 0 o O O O O O o O N j.fl am rn A rn N -6% p O O O o O 0 cif 00 0 N rn rn (n w P, o v w 0° cn O• a O. O Fi+ b+ if+ ifl H+ iA VR U+ i!+ H+ N m Iv w O` rn 0 0 0 0 0 0 0 0 0 0 0 Oo N N 0 0 0 0 0 0 0 0 0 0 0 O N O O o O o p O O O O O p N O N 4 N iPr 7O V V '4 O O U7 �O 'o 0 M `.ww o {i+ 1 .4 Pr 4i+ V+ H+ ii+ ii+ H+ i» H+ co m 0 0 0 0 0 0 0 0 0 0 0 C�TI 0 0 0 0 0 0 0 0 0 0 0 0 N N N 0 0 0 0 O o 0 0 0 0 0 O N V 7O 0 N U1 ii{. A C UI Ln Q O Ln In 'O O m p N W (n UI 00 co w w b+ v+ b+ H+ ii+ H+ H+ b+ 4» H+ ii+ W 0 p 0 0 0 0 0 0 0 0 0 0 O r N N N 0 0 0 0 0 0 0 0 0 0 0 O N ATTACHMENT F Revenues- 2011 Revisions Total 2011 Revenue Revisions Expenditures- Operating Capital Deck Remodel (Completion of 2010 budgeted work) (60,240) Total 2011 Expenditure Variance (60,240) Revenues- 2011 Revisions Total 2011 Revenue Revisions Total 2011 Revenue Variance 3 -21 -11 6 -06 -11 Expenditures- Operating Capital (60,240) Brush Creek 300 Building (Foundation Repairs) (66,381) Creekside 100 Building (Foundation Repairs) (26,510) Fire Alarm System (Palisades) (26,010) Total 2011 Expenditure Variance (118,901) Total 2011 Expenditure Variance 3 -21 -11 6 -06 -11 (179,141) 00090- 040b Attachment 'G STAFF LEADERSHIP DEVELOPMENT A. Issues /Goal: In the Town Council's 2011 work plan, an action included developing a staff leadership program. It was discussed in the 2011 Council retreat, that the Town wants the very best staff members who are well trained and highly motivated to serve the community. Our staff has stated that they want to be the best service organization among mountain resorts but many ingredients are needed to achieve this goal: alignment, competitive pay, benefits, along with training and personnel development. In addition, some of our senior staff members have expressed their desire to retire soon. Succession planning is now a topic of conversation. As the Town Manager, I would like to invest in both succession planning and leadership development for existing managers and potential future leaders. This type of leadership training can: a) increase efficiency b) tear down silos /improve team work and c) enhance customer service. A sub committee including 5 Directors and the Town Manager developed a set of goals and reviewed multiple approaches for a leadership program. The goals for a leadership program include: Creating a common paradigm for leadership and management within the Town of Snowmass Village organization, More effective /creative problem solving throughout the organization, Improved communication and team work, and Growing leaders within the ranks of the organization (succession planning). B. Options and Considerations Staff evaluated options available for leadership development. There are several leadership programs in the Valley and in the State. Costs for sending people to leadership development that meet the goals mentioned above can vary from $2,000- $3,000 (or more). We have found a number of outstanding local leadership resources that could create a training program that could be cost effective in providing leadership development for the organization. The other value of this type of program is for different departments to go through a learning process together and create improved multi -level working relationships. The subcommittee reviewed multiple approaches and interviewed two organizations to provide this type of training. After reviewing several approaches we would like to engage Brad Stevenson, who is a resident of Snowmass Village, to provide an initial training 1 program for the senior staff of the Town. He has significant national experience in providing this type of training and he has excellent references. If this program is successful we would propose to budget for this training for other managers in 2012. C. Request of Council The total cost for this initial phase of training in 2011 would be $17,000 ($1,400 per person assuming 12 people). We have $5,000 that is budgeted that could be applied to this type of training. At the March 21, 2011 Financial Update staff added $12,000 to support this training, we are seeking confirmation to proceed with this training. 2 MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department Chris Conrad, Planning Director Jim Wahlstrom, Senior Planner REPRESENTATIVES: Aspen Skiing Company Project Manager /Planner: Chris Kiley Company Planning Director: David Corbin SUBJECT: REVIEW ELK CAMP RESTAURANT ADMINISTRATIVE MODIFICAITON TO SPECIAL REVIEW, AND DRAFT RECORD OF DECISION DATE: June 6, 2011 I. PURPOSE: The purpose of the meeting would be to review and provide input considering the Applicant's proposed Administrative Modification application to the Elk Camp Restaurant Special Review and the accompanying draft Record of Decision (ROD) prepared by the Planning Department staff. II. SUMMARY DESCRIPTION OF APPLICATION. The Administrative Modification submitted addresses some of the more significant changes that were found during the review of the building construction plans via Permit #11 -23 in late April early May 2011. A majority of the proposed revisions below were deemed by the Town Planning Department to be possibly inconsistent with the Special Review approval via Town Council Resolution No. 4, Series of 2011, on January 18, 2011, but that could be viewed as being acceptable, subject to Town Council having the opportunity to review the changes. The three top considerations for the Town Council is whether it is felt that the a) material revisions, b) color changes and c) the proposed deletion of the covered walkway (i.e., per items 2, 3, 4, 5 and 6 below) represent an acceptable departure from what was represented when originally approved. 1. Floor Area F.A.R. calculations revisions; 2. Roof and sunshade flashing colors; 3. Column details; 4. Corrugated material allocation on south and east elevations; 5. Wood siding change from horizontal to vertical; 6. Covered walkway deletion; and 7. Expansion of utility facility buildings. 1 III. BACKGROUND January 18, 2011 The Elk Camp Restaurant Special Review was approved by Town Council via Resolution No. 4, Series of 2011 "Resolution 4 February 7, 2011 The accompanying amendment to the Snowmass Mountain Master Plan was approved by Town Council during second reading of Ordinance No. 1, Series of 2011 "Ordinance 1 which was a modification to the previous master plan amendment completed via Ordinance No. 2, Series of 2005 "Ordinance 2 April 21, 2011 The Applicant submitted the building construction plans for the Elk Camp Restaurant that was assigned Permit #11 -23; Late April Early May 2011 The Planning Department staff conducted a zoning review of the construction plans against the approvals and conditions of approval in Resolution 4 and Ordinance 1; May 4, 2011 The Town's Planning Department staff issued zoning review comments concerning the construction plans to the Applicant outlining the more significant changes spotted that appeared to be inconsistent with the approvals; May 25, 2011 The Applicant submitted a formal Administrative Amendment to the Special Review application following a few meetings with Town staff. IV. APPLICABLE REGULATIONS The changes to the Special Review approval are being processed pursuant to procedures and standards set in Section 16A -5 -250, Administrative modifications of the Municipal Code. V. DISCUSION ITEMS: CORE ISSUES ALTERNATIVES AND IMPLICATIONS 1. Floor Area F.A.R. calculation revisions. The building permit and administrative modification application proposes that the two storage areas on the lower level be converted from calculable floor area to exempt space as the rooms are now intended for'kitchen storage' and `table and chair storage' per Lower Level Floor Plan Sheet A3.1 of the building permit plans #11 -23. The modified PUD Guide in Ordinance No. 1, Series of 2011, states for one of the usage definitions: `Commercial Service Areas' "means areas within the commercial building that are in service to the building's commercial use and including: service corridors and circulation, service stairs and elevators that are not used by the public, loading dock, shipping and receiving areas, and trash and recycling spaces." Staff: In the attached ROD, it states as a finding that such conversion or allocation of calculable floor area would be acceptable if the storage is utilized for service to the building's commercial use, such as for kitchen supplies, restaurant equipment or furniture. Such reallocation of space would reduce the calculable floor area to approximately 17,202 SF, below the approved 17,480 SF in 2 Resolution 4 and as outlined in attached Exhibit "B" of the application and the attached ROD. Such revisions seem acceptable, but needs to be documented. 2. Roof and sunshade flashing colors. The roof and sunshade materials were represented as a brown color in the Special Review illustrative renderings, and are now specified as a dark to black charcoal color. The question for the Town Council is whether it is felt that the color changes represent an acceptable departure from what was represented when originally approved. Staff: The color changes were subsequently discovered during a meeting with the applicant following the zoning review of the building construction plans, which showed a different re- application of the exterior finishes. The modified colored renderings depicted in Exhibit "C" of the application materials and the attached ROD appear consistent with the overall building design character and the Building Design Guidelines in Section 16 -A -4 -340 of the Municipal Code, as is noted in the attached ROD. The color changes seem acceptable as they tend to accentuate or frame the upper clerestory windows and the curved roof form, and it appears to provide visual contrast with the compatible brown color schemes on the lower level. However, the ROD also notes as a condition that "any use of materials or colors not included on said rendering or building elevation shall require specific written approval of the Planning Director, who may authorize the minor modification(s) or refer the matter to the Town Council for final review." 3. Column details. During the review with the Applicant of the zoning comments regarding the construction plans it was spotted that the columns at the south end of the building were previously represented in the Special Review illustrative rendering as full- height wood cladding, but the building elevations described them as 'built -up steel and timber column.' The Applicant and the construction plans propose the latter to remain the case pursuant to the modified rendering in attached Exhibit "C" of the application materials and the attached ROD. Staff: Provided the Town Council does not believe the modification to be a substantive departure from what was represented when originally approve, such a change could be found to be consistent and acceptable with the overall building design character and with the elevations in the previous Special Review application, as well as the Building Design Guidelines in Section 16 -A -4 -340 of the Municipal Code, as noted in the attached ROD. 4. Corrugated material allocation on south and east elevations. The corrugated siding is now shown in place of one baythat originally showed as having wood siding, on the east elevation in order to provide further visual interest. Also, the Special Review application identified wood siding around the upper windows on the south elevation and the proposal would change that element to corrugated metal siding to consistently wrap the treatment around the upper clerestory windows for continuity purposes as shown on the west and east elevations in attached Exhibits "C" and "D," together with the darker charcoal color adding contrast and to accentuate the curved roof form as explained by the Applicant. 3 Staff: The Code indicates that building and materials shall be designed with natural materials and details that are indigenous to Colorado and that are non reflective, which in this case the proposed darker colors (whether black, charcoal or brown) appear to portray. In addition, materials should be predominantly authentic in their appearance, with natural textures and weathering per the Code. The corrugated metal siding would not be naturally weathered, but would be installed with a pre- manufactured dark charcoal color. In any such applications, the changes appear generally consistent and acceptable with the overall building design character and the Building Design Guidelines in Section 16 -A -4 -340 of the Municipal Code, as noted in the attached ROD. The ROD also notes as a condition that "any use of materials or colors not included on said rendering or building elevation shall require specific written approval of the Planning Director, who may authorize the minor modification(s) or refer the matter to the Town Council for final review." 5. Wood siding change from horizontal to vertical. The cedar siding cladding changed from a horizontal to vertical orientation in order to provide contrast with the horizontal pattern of the board formed concrete at the base of the building and the corrugated metal siding at the top end of the structure. Staff: Staff agrees with the Applicant that the change from horizontal to vertical siding tends to acceptably break up the horizontal appearance of the facades as illustrated in Exhibit "C" of the application materials of the attached ROD. Such siding reorientation change appears consistent with the overall building design character and the Building Design Guidelines in Section 16 -A -4 -340 of the Municipal Code. Such a finding is noted in the attached ROD. 6. Covered walkway deletion. The covered walkway connection between the gondola storage building and the restaurant was deleted from the plans and appears to be the most significant of the changes found in the building construction plans. The exception is that the porch roofs at both building entries will remain. The proposed deletion of the covered walkway is illustrated in attached Exhibit "C" of the application and the attached ROD. It was removed in the construction plans as a result of structural, foundation, maintenance and operational concerns, as further explained in Exhibits "E," "F," and "G" of the application materials and the attached ROD. The Applicant further notes that an approximate 586 SF of new snowmelt patio would be provided between the gondola unload zone and the restaurant building entrance with approximately 10 SF of walkway area being uncovered. Staff: Subject to addressing or implementing the conditions of approval in Section Five of the attached ROD, such changes appear consistent and acceptable with the overall building design character and the Building Design Guidelines in Section 16 -A -4 -340 of the Municipal Code. However, one of its conditions of approval in the ROD, and as seems to be implied by the Applicant, states: "The Applicant shall closely monitor the walkway under winter and summer conditions to determine if deletion of the covered walkway presents 4 operational complications and, if so, shall find a non structural solution, such as a portable sunshade or pop -up tent canopy, for weather protection when needed." The language could be modified to indicate that the Town should make such a determination, but accessibility might be an issue if this were the case. 7. Modification of final landscape plan design. In the review of the building construction plans the applicant proposes a different planting layout but similar to the layout in the Special Review application as the landscaping remains relatively close the building edges. The construction plans also note the same planting types, quantities and sizes as specified in the Special Review application. Staff: These adjustments to the final landscape plan design appear satisfactory, and staff has accepted them as presented in the construction plans. However, the attached draft ROD notes the following condition: "The final landscape plan design in the building construction plan Permit #11 -23 showed a different planting layout but the same plant material types, quantities and minimum size specifications as represented in the Special Review application, which seem acceptable; however, further changes by the Applicant to such landscape plan as a result of on -site conditions or to allow for better design shall be submitted as an amended landscaping plan for review and approval of the Town's Planning Director. If any revisions thereto required by the Planning Director cannot be resolved at the administrative level, then such matters shall be forwarded to the Town Council for final determination." 8. Expansion of water treatment facility buildings. Per the construction plans, the Applicant proposes additions to the water treatment plant building and the storage tank building located to the north of the existing Cafe Suzanne restaurant. The most significant addition is 212 square feet, and it approximately doubles the size of the existing water treatment plant building. These structural changes were not noted in the Elk Camp Restaurant Special Review application. There was a finding made in Resolution 4 regarding the expansion of utility facilities on the surface and /or below grade, but not in regard to above -grade building expansions. Staff: As discussed with the Applicant, an administrative Special Review application should be submitted to address the utility facility building expansions. As a result, the attached ROD notes the following condition: "A separate administrative Special Review application shall be submitted by the applicant to address the proposed utility facility building structure additions shown in the building construction plans and located on the north side of the existing Cafe Suzanne building for review and consideration by the Town's Planning Director, because a) such building structure additions were not specifically addressed or provided in the Special Review application, b) a finding was not made in Resolution 4 for such structure additions other than changes to utility facilities on the surface or below grade, and c) the Town's Building Department requires separate permit applications for such structures." The applicant has 5 acknowledged in the description letter for the administrative modification that such administrative Special Review application would be filed separately. VI. OTHER HEADINGS RELATED TO THE TOPICS Attachments Draft Record of Decision with referenced Exhibit "1" (letter of description dated May 24, 2011) and Exhibits "A" through "G" (illustration drawings and written explanations). Enclosure Copy or CD of application materials and its referenced exhibits. VII. NEXT STEPS None, other than for the Planning Director to complete the Record of Decision. 6 2 3 Record of Decision 4 Administrative Modification of 5 the Elk Camp Restaurant Special Review 6 on Snowmass Mountain 7 8 The Applicant, the Aspen Skiing Company applied for an Administrative Modification to 9 the Special Review of the Elk Camp Restaurant approved by Town Council via Resolution No. 10 4, Series of 2011 "Resolution 4 pursuant to the review criteria and standards established in 11 Section 16A -5 -250 of the Town of Snowmass Village Municipal Code and the Final PUD Guide 12 of Ordinance No. 2, Series of 2005 "Ordinance 2 as amended by Ordinance No. 1, Series of 13 2011 "Ordinance 1"), regarding the approval of the Snowmass Mountain Master Plan 14 Amendment and the subsequent revisions thereto, respectively. 15 16 In response to the zoning review of the building construction permit plans #11 -23 and 17 the comments sent to the Applicant on May 4, 2011, the proposal is to make minor 18 modifications to the exterior of the building and design as well as to adjust the interior 19 arrangements for the Elk Camp Restaurant as specifically described in Exhibits 1" and "A" 20 through "G attached hereto and incorporated herein. 21 22 Section One Specific Findings. Regarding the changes identified by the Applicant in Exhibit 23 1 letter dated May 24, 2011, the Planning Director finds: 24 25 1. Floor Area (FAR) calculation revision. The building permit and administrative 26 modification application proposes that the two storage areas on the lower level be 27 converted from calculable floor area to exempt space as the rooms are now intended 28 for `kitchen storage' and `table and chair storage' per Lower Level Floor Plan Sheet 29 A3.1 of the building permit plans #11 -23. The modified PUD Guide in Ordinance No. 1, 30 Series of 2011, states for one of the usage definitions: 31 32 `Commercial Service Areas' "means areas within the commercial 33 building that are in service to the building's commercial use and including: 34 service corridors and circulation, service stairs and elevators that are not 35 used by the public, loading dock, shipping and receiving areas, and trash 36 and recycling spaces. 37 38 It has been found that such conversion or allocation of calculable floor area is 39 acceptable if the storage would be utilized for service to the building's commercial use, 40 such as for kitchen supplies, restaurant equipment or furniture. Such reallocation of 41 space would reduce the calculable floor area to approximately 17,202 SF, being 278 SF 42 below the 17,480 SF approved in Resolution 4 and as outlined in attached Exhibit "B." 43 Such revisions are hereby approved 44 45 2. Roof and sunshade flashing colors. The roof and sunshade materials were 46 represented as a brown color in the Special Review illustrative renderings, and are now ,1 Planning Director Adm. Mod. Record of Decision Elk Camp Restaurant Page 2 of 4 47 specified as a dark charcoal color. The modified colored renderings depicted in 48 attached Exhibit "C" appears acceptably consistent with the overall building design 49 character and the Building Design Guidelines in Section 16 -A -4 -340 of the Municipal 50 Code, and are hereby approved 51 52 3. Column detail. The exterior columns at the south end of the building were previously 53 represented in the Special Review illustrative rendering as full- height wood cladding, 54 but the building elevations described them as `built -up steel and timber column,' is 55 proposed to remain the case pursuant to the modified rendering in attached Exhibit "C," 56 which appears consistent with the overall building design character and the Building 57 Design Guidelines in Section 16 -A -4 -340 of the Municipal Code, and is hereby 58 approved 59 60 4. Corrugated material allocation on south and east elevations. Corrugated siding, in 61 lieu of wood siding, is now shown in place of one bay on the east elevation in order to 62 provide further visual interest. Also, the Special Review application identified wood 63 siding around the upper windows on the south elevation and the proposal would also 64 change that element to corrugated metal siding to consistently wrap the treatment 65 around the upper clerestory windows for continuity purposes as shown on the west and 66 east elevations in attached Exhibits "C" and "D," together with the darker charcoal color 67 adding contrast to accentuate the curved roof form. Such changes appear consistent 68 with the overall building design character as well as the Building Design Guidelines in 69 Section 16 -A -4 -340 of the Municipal Code and are hereby approved 70 71 5. Wood siding change from horizontal to vertical. The cedar siding cladding changed 72 from a horizontal to vertical orientation in order to provide contrast with the horizontal 73 pattern of the board formed concrete at the base of the building and the corrugated 74 metal siding at the top end of the structure, thus breaking up the horizontal appearance 75 of the facades as illustrated in attached Exhibit "C." This appears to be consistent with 76 the overall building design character as well as the Building Design Guidelines in 77 Section 16 -A -4 -340 of the Municipal Code and is hereby approved 78 79 6. Covered walkway deletion. The covered walkway connection between the gondola 80 storage building and the restaurant was deleted from the plans, with the exception of 81 the porch roofs at both building entries that will remain, as illustrated in attached Exhibit 82 "C This is due to structural, foundation, maintenance and operational concerns, as 83 further explained in attached Exhibits "E," "F," and "G." An approximate 586 SF of new 84 snowmelt patio would be provided between the gondola unload zone and the restaurant 85 building entrance with approximately 10 SF of walkway area being uncovered. Subject 86 to addressing or implementing the conditions of approval in Section Five of this ROD, 87 such changes appear consistent with the overall building design character and the 88 Building Design Guidelines in Section 16 -A -4 -340 of the Municipal Code, and are 89 hereby approved 90 91 Section Two General Findings. With respect to those items which have been designated as 92 approved within Section One: Specific Findings above, the Planning Director further finds: 93 94 1. The changes comply with applicable review standards of the Municipal Code, including: 95 Planning Director Adm. Mod. Record of Decision Elk Camp Restaurant Page 3 of 4 96 a. That the proposed modification is a result of circumstances that could not have been 97 reasonably anticipated by the Applicant prior to or during the original approval 98 process; and 99 100 b. Any adverse impacts on surrounding properties from the proposed modification 101 would be insubstantial. 102 103 Section Three Decision. The modifications listed above within Section Two, Specific Findings 104 as being approved as generally described in more detail in: 1) attached Exhibit "V; and 2) 105 attached Exhibits "A" through "G," were approved on this day of June, 2011 as 106 documented within this Record of Decision, subject to the conditions stated in Section Four 107 below. 108 109 Section Four Conditions of Approval. The approval granted within Section Two, Specific 110 Findings shall be subject to the following conditions: 111 112 1) The colors and materials for all exterior modifications authorized by this Record of 113 Decision shall be consistent with the material color illustrative renderings submitted with 114 this application per attached Exhibits "C" and "D" and on -file with the Planning 115 Department. Any use of materials or colors not included on said rendering or building 116 elevation shall require specific written approval of the Planning Director, who may 117 authorize the minor modification(s) or refer the matter to the Town Council for final 118 review. 119 120 2) The Applicant shall closely monitor the walkway under winter and summer conditions to 121 determine if deletion of the covered walkway presents operational complications and, if 122 so, shall find a non structural solution, such as a portable sunshade or pop -up tent 123 canopy, for weather protection when needed. 124 125 3) The Applicant shall satisfy all other applicable terms and conditions of Resolution 4, 126 Series of 2011 in their building construction plans via Permit application #11 -23. 127 128 4) The final landscape plan design in the building construction plan Permit #11 -23 showed 129 a different planting layout but the same plant material types, quantities and minimum 130 size specifications as represented in the Special Review application, which seem 131 acceptable; however, further changes by the Applicant to such landscape plan as a 132 result of on -site conditions or to allow for better design shall be submitted as an 133 amended landscaping plan for review and approval of the Town's Planning Director. If 134 any revisions thereto required by the Planning Director cannot be resolved at the 135 administrative level, then such matters shall be forwarded to the Town Council for final 136 determination. 137 138 5) The final design of the exterior lighting plan in building construction plant Permit #11 -23 139 shall be reviewed and considered for acceptance by the Chief Building Official prior to 140 building permit issuance. 141 142 6) No exterior signs have been authorized by this Record of Decision. If advertising signs 143 are proposed in the future, the applicant shall file a sign permit application for review and 144 consideration by the Town's Planning Director. E;r) go Planning Director Adm. Mod. Record of Decision Elk Camp Restaurant Page 4 of 4 145 146 7) This Record of Decision shall be recorded with the Pitkin County Clerk and Recorder. 147 Some documents in the referenced, attached exhibits are colored and shall be retained 148 for review in the records of the Town Clerk's office. A color copy will also be on file in 149 the Town Planning Department. 150 151 8) This Record of Decision is based on the application for Administrative Modification, and 152 the supporting documents thereto, submitted by the applicant to the Town of Snowmass 153 Village Planning Director as of the date of this Decision and the authority vested in the 154 Planning Director thereby, including the plans and supporting documents of the Elk 155 Camp Restaurant Special Review application and the Applicant's response letter dated 156 December 22, 2010 that were approved by the Town Council of Snowmass Village by 157 Resolution 4. This Record of Decision pertains only to the subject matter contained in it 158 and supersedes all prior and contemporaneous approvals, representations, and 159 understandings of the parties. No supplement, modification, or amendment of this 160 Decision shall be binding unless executed by the Planning Director. No waiver of any of 161 the provisions of this Decision shall be deemed, or shall constitute, a waiver of any other 162 provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No 163 waiver shall be binding unless executed by the Planning Director. 164 165 9) A separate administrative Special Review application may be submitted by the applicant 166 to address the proposed utility facility building structure additions shown in the building 167 construction plans and located on the north side of the existing Cafe Suzanne building 168 for review and consideration by the Town's Planning Director because a) such building 169 structure additions were not specifically addressed or provided in the Special Review 170 application, b) a finding was not made in Resolution 4 for such structure additions other 171 than changes to utility facilities on the surface or below grade, and c) the Town's 172 Building Department requires separate permit applications for such structures. 173 174 175 176 177 178 Chris C. Conrad, Planning Director 179 R/ {g" EXHIBIT T Chris Conrad MAY 2 5 2011 Planning Department e Town of Snowmass Village r ertr";J +f r­ v�3 tl PO Box 5010 Snowmass Village, CO 81615 May 24, 2011 Dear Chris, This letter requests an Administrative Modification to the Special Review approval for the Elk Camp Restaurant as approved in Town of Snowmass Village Resolution No. 4 -2011. This letter provides additional information based on the direction provided at the meeting between the Applicant (represented by David Corbin and Chris Kiley) and Town staff (Russ Forrest, Jim Wahlstrom, John Dresser and Chris Conrad) on Thursday May 19, 2011. The meeting on May 19 was to discuss procedure for addressing the Town's comments on our Building Permit application for the restaurant. The Planning Director directed that six changes to the plan would require an Administrative Modification and/or additional review by Town Council prior to sign off by the Planning Department on the Building Permit application. Aspen Skiing Company believes that all of the issues identified by the Planning Department and addressed below are insubstantial changes that are within the purview of the Planning Director to approve administratively as per Conditions 4(d) and 7 of Resolution No. 4 -2011. We have endeavored, however, to submit this material in time for inclusion in the Town Council's packet for the June 6, 2011 Town Council meeting. No new or alternative materials have been introduced to the building since the Special Review approval, only changes to color and allocations. The following changes were identified by Staff as the significant changes to the building as the design has evolved since the Special Review application and are addressed in this Administrative Modification application: 1. FAR calculation revisions, 2. Roof and sunshade flashing colors, 3. Column detail, 4. Corrugated material allocation on south and east elevations 5. Wood siding change from vertical to horizontal, 6. Covered walkway deletion. Per the direction of the Planning Director a new Special Review application for the approximately 200 sf water treatment shack expansion will be filed separately despite the fact that the expansion was noted and discussed during the prior Special Review and that Resolution No. 4 -2011 found this expansion to be acceptable from a land use review standpoint. A separate fee agreement will be submitted with that application, and a separate Building Permit application will be required. As the project sits on federal land, the US Forest Service is the pre eminent review authority for this restaurant project. An email from Jim Stark of the White River National Forest is included with this application as Exhibit A and confirms that the Forest Service has completed their final P.O Box 1248 design review and approved the final building plans for construction. The USES approval is Aspen, CO 81612 -1248 970- 92 -1220 L w!wf'.aspensEi06Umass.com age l of4 Printed or. Recycled Papec inclusive of all of the design changes identified by the Town that are addressed in this Administrative Modification application. FAR Calculation Revisions Exhibit B provides an updated FAR calculation sheet. The total FAR of the building is now calculated as 17,202 square feet. Resolution No. 4 -2011 approved a 17,480 square foot structure. Roof and Sunshade Flashing Colors The roof and sunshade flashing material was represented as brown in the illustrative renderings but not otherwise referenced in the application materials, and is now specified as a dark charcoal color. Per the request of the Planning Director, updated illustrative renderings, provided as Exhibit C to this application, have been prepared to illustrate the updated roof and sunshade flashing colors. Column Detail The Planning Director indicated that the columns at the south end of the dining room were illustrated as full- height wood -clad in the illustrative renderings submitted with our Special Review applications. These columns were described in the Special Review materials and drawings as `built -up steel and timber column', which remains the case. The illustrative renderings in Exhibit C have been updated to reflect the current design detail. Corrugated Material The corrugated metal siding has been consistently represented as such, and there is no change in pattern or material. Corrugated siding is now shown in place of one bay on the east elevation of the building in order to provide more visual interest and to further break up the horizontal nature of the east fagade. The Special Review application incorrectly identified wood siding surrounding the upper windows on the south elevation, all other facades depicted corrugated siding at this level elsewhere on the building. Corrugated siding is now shown surrounding the upper clerestory windows to maintain continuity of siding material at that level between the east, south and west elevations. A darker color is now specified for the corrugated metal than was illustrated in previous illustrative renderings. A darker charcoal color was selected for the corrugated metal material to provide better contrast to accentuate the curved roofline of the building. This color remains consistent with earlier representations. The illustrative renderings in Exhibit C have been updated to reflect these changes to the corrugated material. Exhibit D identifies the bay on the east elevation (not visible in the illustrative renderings) that is now corrugated metal. Wood Siding The cedar siding lay up changed from horizontal to vertical in order to provide contrast with the horizontal nature of the board -form concrete foundation walls and the corrugated metal on the siding below the roof, and more effectively breaking up the horizontal nature of the fagade. The illustrative renderings in Exhibit C have been updated to reflect these changes to the wood siding lay up. Covered Walkway Deletion The covered walkway connection between the gondola storage building and the restaurant was deleted from the plans due to structural, foundation, maintenance and operational concerns. Porch roofs remain at both building entries and at the existing Ski School lounge. A small 586sf Page 2 of 4 area of the new patio will be snowmelted in order to provide a safe and accessible connection between the gondola unload zone and the restaurant entrance. Approximately ten feet (10') of walkway will be uncovered between the gondola unload zone and the restaurant entrance. Aspen Skiing Company operations staff will closely monitor the walkway under winter and summer conditions to determine if deletion of the walkway presents operational complications and, if so, will endeavor to find a non structural solution such as a portable sunshade or pop -up tent canopy. Several complicating factors necessitated the elimination of the covered walkway connection: Access to the gondola terminal gantry would be eliminated or substantially constrained, rendering gondola machinery maintenance and replacement difficult if not impossible, multiple columns would impede clear access to skiing and the restaurant; large structural steel or wood members would be required to support the roof in order to carry the snow load, and these members would block views and defeat the design intent of a light canopy walkway as represented in the application materials and illustrative renderings provided at Special Review; significant foundations at each column would be required to carry the snow load from these roofs and necessitate demolition and reconstruction of a significant portion, of the existing hollow -core snowmelted deck at the gondola unload area. The illustrative renderings in Exhibit C have been updated to reflect the deletion of the covered walkway. Exhibits E -G of this letter contain additional information regarding the deletion of the covered walkway element. Exhibit E is an email from Tom Clink of Leitner -Poma dated 23, 2011 outlining the maintenance access requirements to the top terminal of the Elk Camp Gondola gantry. Exhibit F is a memo from CCY dated March 24, 2011 describing the design and structural complications precluding this element. Exhibit G contains conceptual plans and detail studies from CCY and KLAA structural engineers exploring different design solutions that illustrate the circulation, maintenance and foundation issues that would result from any engineered solution. With regards to minimum application contents, all materials have been provided in the Special Review application submitted in September 10, 2010. Jim Wahlstrom has stated that the May 19, 2011 meeting will suffice for a pre- application conference for this Administrative Modification application. A signed fee agreement was submitted with the original Special Review application and presumably remains in effect for this Administrative Modification; however a $600 application fee was requested by the Planning Director and is included with this application. We look forward to receiving an Administrative Modification and Building Permit in time to commence construction on the Elk Camp Restaurant this summer, and request that the Planning Department expeditiously complete their land use conformance review. We are available to :'review any of�this material with you and your staff at your earliest convenience or if necessary at j the,ne ToiVA Council meeting scheduled for June 6, 2011. In the meantime, please don't hesitake o contact me if I can answer any questions. i S Sincerel p i F Chris Kil6y Aspen Ski ng Company 4 pq 00 Page 3 of 4 CC. David Corbin, ASC Russ Forrest, TOSV Jim Wahlstrom, TOSV Jim Stark, USFS Attachments: 1. Exh:b:t A: ema11 from Tim Stark Whyte River Natin ial Forest, dated May 24 7.01 1 indicating USFS design approval of final building design. 2. Exhibit B: FAR calculation worksheet dated April 19, 2011. 3. Exhibit C: CCY illustrative renderings updated to indicate flashing, column, siding and walkway details. 4. Exhibit D: CCY east elevation identifying corrugated material siding in place of previously identified wood siding. 5. Exhibit E: email from Tom Clink, Leitner -Poma, dated May 23, 2011 explaining maintenance requirements for the Elk Camp Gondola 6. Exhibit F: memo from Susan Touchette, CCY, dated May 24, 2011 explaining design and engineering complications associated with the covered walkway. 7. Exhibit G: plans and sections from CCY and KLAA structural engineering illustrating the imposing structural solutions that would be required to engineer the covered walkway. 8. $600 application fee. Page 4 of 4 Kiley, Chris EXHIBIT A From: Jim Stark Ustark@fs.fed.us] Sent: Tuesday, May 24, 2011 2:40 PM To: Kiley, Chris Subject: Status of Elk Camp Rest. Review... Chris was hoping to have a0na| approval letter to you for the Elk Camp Restaurant by now, but we are still waiting for the "formal" letter from the Regional Office before we do the final approval letter signed by the Forest Supervisor. I have been assured that the content of what I have shared with you will not change ie no surprises. It is just taking some time with the routing process to get the appropriate signatures. As far as the Stage 4 Construction Document review goes at the Forest level, we are OK with the changes that you presented to us on May 1 1th (as shown in your final drawings). Nextsummer's Snowmass summer construction plan will need to go into more detail on the demolition of the existing Cafe Suzanne's, and I'm assuming that ASC will continue with the plan to upgrade the water treatment plan as we discussed, using exterior materials that will better harmonize with similar utility buildings on the ski area. We can also look at a final grading plan for the area next summer after we see how skier traffic patterns adjust to the footprint of the new restaurant. I'll let you know as soon as we receive the Regional Office's letter, and Scott Fitzwilliams will need to sign your Construction document set of plans concurrent with your receipt of his letter. 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David From: Tom Clink [mailto:tfc @leitner- poma.com] Sent: Monday, May 23, 2011 11:05 AM To: Corbin, David; GERDIN, VICTOR Cc: Rod Stocking Subject: Elk Camp gondola, equipment removal Hi David and Victor, It is important to have access to the uphill end of the drive terminal. There are occasions when large pieces of equipment may need to be removed from the terminal during the summer and winter season. Electric motors, torque convertors and large gear box components require periodic service and potential emergency service. These components weigh up to 10,000 Ibs and would need a 2 ton truck or Sno -cat for transport. They would need to be loaded on the uphill end of the terminal and access to this area must be provided for these vehicles and other equipment. Let me know if you need any additional information. Tom. Tom Clink Sales Manager, NA Leitner -Poma of America 2746 Seeber Drive, Bldg A Grand Junction, CO 81506 Office Direct 970 257 -4524, fax 970 241 -3023, Cell 970 261 -7662 We move people EMAIL: tfc@ leitner- poma.com Web site www.leitner- poma.com -.09 MOO 5/24/2011 EXHIBIT F Elk Camp Restaurant MEMORANDUM TO: Mr. Chris Kiley, Project Manager Aspen Skiing Company FROM: Susan Touchette, Associate DATE: May 24, 2011 RE: Elk Camp Restaurant Gondola South Entry Canopy Chris As you know, it has long been CCY and Aspen Skiing Company's intent to create a visual gateway to Elk Camp Meadows at the new Elk Camp Restaurant. Given the industrial nature of the gondola top terminal and the adjacent cabin storage structure, we felt it important to soften the guest impression by adding a human scale, wood /timber design element to welcome guests and protect them from the elements. During the Design Development stage of the project, we pursued this design in detail with KL &A, the project structural engineer. The design was quickly complicated by the issue of load bearing on the existing hollow -core concrete slab that creates the unload surface for the gondola top terminal. The initial recommendation from KL &A was to create a self supporting porch roof that would not impact any existing construction illustrated in Exhibit G.1. The design of this element was entirely structural steel with massive concrete buttress foundations. This did not achieve the project objectives, and actually created a structure visually unappealing and cumbersome that obscured views to the immediate and long range surrounds. Subsequent studies see Attachment G.2 attempted to reduce the structural gymnastics by load- bearing on existing surfaces. This also resulted in a steel structure with additional columns that impeded unload /reload traffic flow. Attachment G.3 illustrated a further attempt at creating a visual gateway in the form of a detached and free standing trellis. This design created a welcoming gesture, but did not provide protection from the elements from the unloading area to the restaurant front door, and further interfered with the arrival view to Elk Camp Meadows and beyond. Given the undesirable outcome of these design explorations, together with the gondola maintenance issues expressed by Poma, CCY and the Project Team agreed that deleting this element from the project was appropriate. Subsequently, CCY reviewed the overall building design to confirm and ensure a clear sense of arrival that supported the beauty of the surrounding Elk Camp environs. In addition, adding a small area of snowmelt provided for a safe pathway from the gondola unloading area to the restaurant entrance. i T EXHIBI r =c� 0 Z C c W O CL 0 a 3 N x R W Y i El w in Y¢ 0 -1 o to �c co 0 a c 0 Wi Nq 3 .1 s U W -_t I ya U 11 J J 1 Sa i CM C,i_ f r d .0 it Lu IL LU m �f I Y w Q r f S J t Z m U% O 2 O U' E 4t js t t O x Zrn OK N `L .?Z z N O O 9 z 2 F ZNWZo ¢FOOa F r Q a I J It C3 M LV 4,� I a;, L ui cn 1 s. �s 1 IS SDI x i c k 1 ui Q L_ 2 zW3mUH O O y Z F zi WZ� N q m aNaa' m vs wz?3� MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: June 6, 2011 SUBJECT: CONTINUATION OF PUBLIC HEARING FANNY HILL CABINS MINOR PUD AMENDMENT Pursuant to Section 16A -5 -390, Amendment of Final PUD Municipal Code of the Town of Snowmass, the request proposes removal of Condition #1 in the previous approval Ordinance No. 23, Series of 2004, for the Fanny Hill Cabins envisioned on Parcel 7, Woodrun Unit Five Subdivision. Applicant: Don Schuster, Vice President Aspen Skiing Company Brush Creek Land Company, LLC Planner: Jim Wahlstrom, Senior Planner I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL The Applicant has submitted a request per the attached letter dated May 26, 2011 (Attachment "A to continue the public hearing to either July 18 or August 1, 2011. Therefore, continue the public hearing to a fixed date, time and place, preferably on July 18, 2011. II. APPLICABLE REGULATIONS Section 16A- 5- 70(2)d. Continuance of public hearing "The body conducting the public hearing may, on its own motion or at the request of the applicant, continue the public hearing to a fixed date, time and place. An applicant shall have the right to request and be granted one (1) continuance. All subsequent continuances shall be granted at the discretion of the body conducting the public hearing only upon good cause shown." III. OTHER HEADINGS RELATED TO THE TOPIC Reference attachments (see listing below). do 1 IV. SUMMARY PLANNING COMMISSION AND STAFF RECOMMENDATIONS The applicant has the right pursuant to the Municipal Code to request one public hearing continuance, and staff would recommend that a continued hearing be scheduled for July 18, 2011 as affected staff would mostly like be available at that meeting. V. NEXT STEPS Next Steps include: Continue the public hearing to fixed date, time and place. Attachments A. Applicant's requested continuance letter dated May 26, 2011; and B. Recent public comments received, entered for the public record. 2 �&P[N OU�TE8�v"�LK ��0���� G� )����0����&���� x�wsmoxomeoo�P�mY W1ay26.2DlI ATTACHMENT RE CEIVED Jim VVJhistrom �w�x Town of3nOxvrnassVi|lag8 m PO Box 5O1O '�v- elop81e0t 3novvnnass Village, C[) 81615 Dear Jim, Given that only three Council members will be present et the June 6th meeting and the desire to have more clarity with what might be happening with Base Village; Brush Creek Partners, LLC would like to request a 90-day continuance of the review ofthe Minor PUDAmnendmnent for our Fanny Hill Tovvnhorne project. From your review of the Town Code, it appears vve may request one continuance for 9O days from the last meeting ofthe acting body, which was the May 2nd meeting ofTown Council. Based on this it would appear vveshould either try to schedule the continued review for either July 18th or August 1 t stay within this time frame. After discussions with Russ Forrest we may also want toschedule a work session with Town Council in the interim to discuss what Council might consider an enhancement tothe PUD in order to make that finding. Sincerely, Don Schuster Vice President Hospitality Development General Manager SnovvnoassClub cc: Russ Forrest, John Dresser and Dave BeUack P.O. Box 1248 Aspen, CO 81612'1248 w 970'925'1220 www ATTACHMENT B RECENT PUBLIC COMMENTS RECEIVED ENTERED FOR PUBLIC RECORD if so MAUREEN BELL 6824 EAST OCEAN BLVD. LONG BEACH, CA 90803 April 18, 2011 Snowmass Village Planning Department P. O. Box 5010 Snowmass Village, CO 81615 Attention: Mr. Jim Wahlstrom, Senior Planner Dear Mr. Wahlstrom, As a long time visitor, both Summer and Winter, to Snowmass Village, I strongly object to the PUD Amendment being proposed by the Aspen Skiing Company Skico) to allow building of the Fanny Hill Townhouses prior to the completion of Phase 2B of the Base Village PUD. While Skico may no longer be the owner of the Base Village project, the Phase 2B completion requirement was part of the original plan and approval when Skico was involved in the ownership of Base Village. Just because Skico "sold out" and is no longer involved with the Base Village project is no reason to reward them by the removal of the Phase 2B completion condition. The original conditions and reasoning that led to the imposing of the 2B phasing requirement on the construction of the Fanny Hill Townhouses remains valid today. With all of the uncertainty surrounding the completion of Base Village, now is not the time to approve additional projects in the heart of our Village. Let's get Base Village completed first. Sincerely, Maureen Bell MCEIVED APR 2 7 2011 000wrriass Village Community Deve t i 4 i PART -TIME RESIDENTS ADVISORY BOARD To: Mayor Bill Boineau Council Members: Emailed May 3, 2011 as insert John Wilkinson Reformatted into PDF File Markey Butler Fred Kucker RECE MD Jason Haber CC: Russ Forrest John Dresser MAY 0 2 2011 Chris Conrad Jim Wahlstrom Rhonda Coxon Q=ft* ft Dear Mayor Boineau and Council Members We wish to offer our advice and recommendations concerning the Fanny Hill Townhomes Minor PUD Amendment included on your May 2 nd Town Council meeting agenda. We've reviewed the Staff Report and the Planning Commission's unanimous recommendations and its Resolution No. 2, Series of 2011 regarding this matter as well as the referral agency comments from the Town Engineer, Public Works and the Snowmass Wildcat Fire Protection District. We are in full agreement with their comments and recommendations. In our advisory role to the Council, we similarly recommend that you deny the Applicant's requested Amendments concerning the Fanny Hill Townhomes. The following items highlight the basis of our advisory recommendation to deny the Applicant's request: 1. Under the Review Standards in the Municipal Code for a Minor PUD Amendment you must find that the proposed amendment is consistent with or an enhancement of the original PUD approval, otherwise you must deny the Applicant's request. Both the Staff and Planning Commission found that it was neither consistent or an enhancement. 2. As set forth in the Municipal Code Review Standards it's necessary to find no substantially adverse impact. Staff found that the proposed amendment would substantially and adversely impact the incentives to complete Base Village. 1s 3. Both the Staff and Planning Commission found that the proposed amendment would change the basic character of the PUD or surrounding areas which under the applicable review standards in the Municipal Code would require denial of the Applicant's request. 4. The Applicant failed to complete and execute in a timely manner several of the substantive and guiding agreements and documents related to the Fanny Hill Townhomes' development approval. 5. The Applicant's vested development rights concerning this project expired several years ago as the result of their failure to complete and execute one or more of the agreements and documents referred to above. 6. Fanny Hill Townhomes was the development envisioned in a later phase of Base Village construction as a strong incentive and assurance the Applicant would complete the majority of the initial phases in Base Village, including 'hotbeds', an appropriate balance of commercial and residential units and public improvements on a timely basis in accordance with the agreed upon construction phasing schedule. To amend the PUD as the Applicant has requested would reduce or eliminate entirely that incentive and assurance, including the delicate balance of `hot beds' in the relationship, between residential and commercial units. Respectfully submitted, Part -time Residents Advisory Board: Colleen Doyle, Chair RECEInD Greer Fox John Barrett MAY d 2 2011 George Bletsas Victor Rauch wwffirms v Thomas Guggenheim Own* fts*nw Mel Blumenthal From: Matt Curtis mailto:mr.matt.curtis @gmail.com] Sent: Tuesday, May 17, 20119:53 AM To: Jim Wahlstrom Subject: Aspen Skiing Company Brush Creek Land Company Fanny Hill Townhomes Mr. Wahlstrom, Good morning. I am writing in regard to the Aspen Skiing Company Brush Creek Land Company Fanny Hill Town homes. I believe that the Base Village should be finished before new construction is allowed to begin. Otherwise, the town of Snowmass Village and its residents will be faced with years of construction, construction noise, and the possibility of another failed /incomplete construction project. As said, I believe that before any new construction begins, the old projects should be fmished. From an investment perspective, real estate values will continue to be tarnished due to the incomplete status of Base Village. From a social perspective, allowing new construction to begin while older project remain unfinished, exacerbates the "eye sore" of Base Village's incomplete construction, as well as demoralizes the citizens of Snowmass Village and continually reminds them of the failing economy and tough times in the RFV. Allowing the Crown family and its investors to begin a new project would further infuriate Snowmass Village residents and perpetuate the belief that the Crown's do not care about the welfare of SMV residents. The Crown family and the Aspen Skiing Company's offer to extend gondola and "Skittle" hours should not be seen as an option for the ASC, it should be a requirement of the company. Given the Crown's vast wealth, the offer to run the gondola and the "Skittle" for extended periods stands as an insult. Thus, the Aspen Skiing Company Brush Creek Land Company Fanny Hill Town homes should NOT be allowed. Best, Matthew Curtis Christine Mark RECEIVED Residents of The Crestwood 17 2011 of buwmass Village community Development TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: June 6, 2011 Items /Strategic Plan Updated on May 31, 2011 The following Table is a summary of the action plan from the various topics discussed at the retreat in January. Action Priority Timing Who Base Village 1 When Foreclosure is completed Economic /Fiscal Actions 1 STO Metrics -FAB meeting to review Susan Hamley STO metrics on July 13 Board Structure July 18, 2011 Susan Hamley (ASC Position) Summer Events/ -March 21 (Complete) Marianne Marketing Rakowski Sales Tax Study -March 21, 2011 Marianne (Complete) Rakowski Financial Updates June 6, 2011 M.R. Ice Age Discovery 1 Long Term/Tusk Next check point is Tusk Force Force /Complete July 18th Business Plan 2011 short term -On going TM Reports Russ Forrest actions Susan H. Housing Housing Policy for 1 (Complete) Chris Conrad Development Housing Projects 3 March 7th Follow -up on Joe Coffey June 20 Environment 2 EAC Structure Approved and Lesley /EAC advertising for new Board REOP Policy May 2, 2011 (approved Mark Kittle Discussion 2n Reading) Urban Renewal Authority 2 At any point Council Russell Forrest would like to have this discussion -need a purpose statement Capital Improvement 3 July 5 th 18 Hunt Walker, Process Solid Waste Collection 3 Staff is recommending Hunt Walker EAB review and then review with Council in summer Pedestrian Crossing 3 August 1st Art Smythe, David Recommendations Peckler, Hunt Walker West Village Transportation 3 Will review with the CIP David Peckler Facilities July 5th 18 Staff Development 3 June 6" Russ Forrest Town Fiscal Sustainability 3 August 15 Marianne and Russ Forrest Pending Actions Last Updated May 9, 2011 The following is a summary of actions that either the Council has requested or actions staff has proposed and is working on for the Town Council. Staff Action Status Date to follow -up Contact I w/ Council Finance Marianne GID Advisory Once the foreclosure is complete, bring After Base Village Board back the discussion of the GID Foreclosure is Advisory Board to the GID Board. complete but before the budget process begins for 2012 budget Other Chris Conrad Sign Code Planning will review current sign code Summer 2011 and discuss revisions with the Town Council ,q7e* 3th Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA JUNE 20, 2011 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: FOLLOW UP ON HOUSING GUIDELINES AND PROJECTS (Time: 45 Minutes) Item No. 5: MANAGER'S REPORT (Time: 10 Minutes) Russell Forrest ...........................Page (TAB) Item No. 6: AGENDA FOR NEXT TOWN COUNCIL MEETING I Page (TAB Item No. 7: APPROVAL OF MEETING MINUTES FOR: ...........................Page (TAB Item No. 8: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Page (TAB) Item No. 9: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 2 hours (excluding items 1 -3 and 8 —11) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. oeys 1 SNOWMASS VILLAGE 2 REGULAR MEETING MINUTES 3 MAY 2, 2011 4 CALL TO ORDER AT 4:00 P.M. 5 6 Mayor Bill Boineau called to order the Regular Meeting of the Snowmass Village Town 7 Council on Monday, May 2, 2010 at 4:02 p.m. 8 9 Item No. 1 ROLL CALL 10 COUNCIL MEMBERS PRESENT: Jason Haber, John Wilkinson, Fred Kucker, and Mayor Bill Boineau 11 COUNCIL MEMBERS ABSENT: Markey Butler 12 STAFF PRESENT: None 13 PUBLIC PRESENT: John Dresser, Town Attorney, Rhonda B. Coxon, Town Clerk, Russ Forrest, Town Manager; Susan Hamley, Marketing Director, and other Member of 14 the Public interested in today's Agenda items. 15 Item No. 2 PUBLIC NON AGENDA ITEMS 16 17 There were no comments from the Public. 18 19 Item No. 3 COUNCIL UPDATES 20 21 Economic Sustainability Plan 22 Council Member Wilkinson noted that he attended the Economic Sustainability Plan 23 meeting in Aspen and he said it was very informative. He will continue attending and 24 provide updates to Council. 25 26 Item No. 4 PUBLIC HEARING AND DISCUSSION FANNY HILL TOWNHOMES 27 MINOR PUD AMENDMENT 28 29 At 4:09 p.m. Mayor Boineau opened the Public Hearing for Public Comment. 30 31 Senior Planner Jim Wahlstrom stated that all postings and publishing requirements 32 have been met for this item. The purpose of this meeting pursuant to Section 16A -5- 33 390, Amendment of Final PUD, Municipal Code of the Town of Snowmass Village, the 34 request proposes removal of Condition #1 in the previous approval of Ordinance No. 23, 35 Series of 2004, for the Fanny Hill Cabins envisioned on Parcel 7, Woodrun Unit five 36 Subdivision. Representatives of the Aspen Skiing Company, Don Schuster and David 37 Bellack, were available and provided a presentation to Council as to why they want to 38 remove the condition. Conrad also stated that in reviewing and evaluating the 0 qq do 05 -02 -11 tc Minutes Page 2 of 7 39 application, it states in more than one approval document that Phase 2B included Base 40 Village Buildings 4AB, 5, 9AB and 9C with underground parking in the main parking 41 structure and the Aqua Center. Fanny Hill Townhomes were not to begin construction 42 until after Base Village Phase 2B was complete. This has been confirmed in the Base 43 Village, Aqua Center and Fanny Hill Construction Management Plan (CMP) dated 44 August 26, 2004 and October 12, 2004 in the Base Village final PUD that reiterated the 45 same time line. This CMP was referenced in the Fanny Hill Town homes Final PUD 46 Guide as an exhibit by reference and is part of Ordinance No. 23, Series of 2004. 47 48 Conrad stated that the Planning Commission Resolution No. 2, Series of 2011, 49 essentially found that the Fanny Hill Cabins PUD was seen as one part of a three part 50 Base Village project, and that it played a role which provided incentive and assurances 51 for the necessary high occupancy turnover lodging properties that would be in place in 52 certain time frames, and as approved via a phasing schedule. Town Council at this time 53 agreed with this recommendation. Staff was directed to draft an ordinance or resolution 54 recommending denial of the amendment to the Fanny Hill Cabin PUD. 55 56 At this time Mayor Boineau continued the Public Hearing to June 6, 2011. 57 58 Mayor Bill Boineau made the motion to approve to direct staff to write ordinance or a 59 resolution to deny the amendment to the PUD. Fred Kucker seconded the motion. The 60 motion was approved by a vote of 3 in favor to 1 opposed. 61 62 Voting Aye: Mayor Bill Boineau, Fred Kucker, and Jason Haber 63 64 Voting Nay: John Wilkinson 65 Item No. 5 SECOND READING OF ORDINANCE N0. 2 SERIES OF 2011 THE 66 RENEWABLE ENERGY OFFSET PROGRAM (REOP) FEES 67 68 Chief Building Official Mark Kittle spoke to the ordinance that was passed out to the 69 Council at the beginning of this meeting, not the ordinance in the today's packet. After 70 several conversations with Council there were additional changes made prior to this 71 meeting. Kittle reviewed the changes which began on Line 60 though 63 pertaining to 72 the HERS index, line 84 and 85 pertaining to Fee in Lieu, line 97 through 111 for 73 options for exterior energy uses, 163 through 184 pertaining to Accessible routes was 74 deleted, and additional language for waivers in lines 261 through 277 was added by the 75 Town Attorney. 76 77 Mary Harris, representing the Timberline Condos, stated this is a surprise and there has 78 not been time to digest the changes. She stated that is has to be safe for the guests and 79 the owners. She noted she needed time to digest the changes from the original 80 ordinance. 81 05 -02 -11 tc Minutes Page 3 of 7 82 Jamie Downs, of the Interlude, spoke in regards to concerns with waivers, and Skip 83 Sinclair spoke to the 6,000 sq /ft feet of Town owned public road that everyone uses. 84 Council noted that this ordinance does not speak to Town owned roads. Council 85 member Haber explained if the road was to be transferred to the Interlude how this new 86 language would work for them. 87 88 Dave Spence, representing the Top of the Village, again spoke to the number of units 89 and the square footage and that sidewalks are not an issue for this property. He noted 90 they have 6,000 sq /ft not covered by the 50 sq /ft in the ordinance and they still will not 91 benefit and have to pay huge fees. As written the Top of the Village would have to ask 92 for a waiver. They have 12,000 sq /ft of area to be snow melted. 93 94 Town Attorney John Dresser noted that this ordinance will be in effect on June 1, 2011 95 and all waivers will come before Council not staff. Kittle explained that this ordinance is 96 to incent the use of renewable and set a standard with the ability to comply or show why 97 you are unable to. If safety is the issue we have provided an avenue to prove that to 98 Council. 99 100 Paul Spencer from Clean Energy Collective asked the thought process in regards to 101 theory and practice to the percentages for onsite off site options. He would hate to see 102 continuous waivers due to going the cheapest solution and the property being solar 103 prohibited. He urges Council to consider both options being at 50 104 105 After a lengthy discussion Council asked that staff make some additional changes on 106 line 99, lines 100, 104 and 110 changed Annual Energy Use (AEU) to REOP Mitigation 107 Obligation, reduce the Option 2 on line 104 to 50% from 75 on line 121 change 108 REOP Payment Option to REOP mitigation factor. The solar also needs to 109 be locally utility grid tied. 110 111 At this time Mayor Boineau closed the Public Hearing for Public comment. 112 113 John Wilkinson made the motion to approve after a roll call vote for second reading as 114 amended, Ordinance No. 2, Series of 2011, approving the REOP ordinance. Mayor Bill 115 Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 0 116 opposed. 117 118 Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. 119 120 Voting Nay: None. 121 Town Council took a break at this time. 122 123 Item No. 6 FIRST READING OF ORDINANCE No. 4 SERIES OF 2011- CREATION 124 OF THE ENVIRONMENTAL ADVISORY BOARD 05 -02 -11 tc Minutes Page 4 of 7 125 Communications Director Lesley Compagnone stated during their retreat in January, 126 Council agreed to look at the current structure of the Environmental Advisory Committee 127 (EAC). It was recommended that Council determine a goal for sustainability, re- affirm 128 the Environmental Sustainability Plan and re- examine the role of the EAC. The question 129 has been raised whether the EAC needed to turn into a commissioned board appointed 130 by the Council, which in turn gives the group more credibility as well as its own 131 accountability. She noted that at the February 7th meeting Council directed staff to draft 132 language that would outline: purpose, goals, structure, qualifications, composition and 133 draft policy language on creation and structure. Council again discussed the language 134 at the April 18th meeting and staff made the changes and brought an ordinance forward 135 for Council consideration and first reading. 136 137 Council would like the staff to balance the representation on the Board among TOSV 138 retail, lodging, construction, and commercial business /industry. Staff reminded Council 139 they will be appointing the actual board members to this board. 140 141 John Wilkinson made the motion to approve first reading of Ordinance No. 4, Series of 142 2011 establishing the Environmental Advisory Board. Jason Haber seconded the 143 motion. The motion was approved by a vote of 4 in favor to 0 opposed. 144 145 Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. 146 147 Voting Nay: None. 148 Item No. 7 DISCUSSION OF VOLUNTEER PROGRAM FOR TOSV 149 150 Communications Director Lesley Compagnone noted that during the Council budget 151 meeting last September, discussion began to emerge about the need for a structured 152 and coordinated a Volunteer Program in TOSV. As a result of those budget decisions, 153 general operations (that could be supplemented with volunteer help) like trail 154 maintenance, town beautification where impacted. Council asked staff to explore the 155 opportunity for TOSV to recruit and retain a corps of volunteers to assist in operations; 156 duties can include anything from trail work, to administrative help, to the Town Picnic, to 157 Discovery Center docents, etc. This proposed program included input from all Town 158 departments. Compagnone referred Council to attachment A and B which described 159 the tiered program and the incentives for the volunteers and she also noted that there is 160 a budget implication. Council Member Haber suggested that this program be simplified 161 and offer things the Town has access to and to not have additional costs of purchasing 162 items. The majority of Council feels it should not be an additional cost for the Town and 163 possibly working staff into the program. Council Member Wilkinson had concerns with 164 the liability and workman's compensation issues. Council was in agreement to try the 165 program for a year and evaluate at that time. Town Manager Forrest noted staff will 166 bring back some insurance numbers and refinements on the cost during the budget 167 update on June 6, 2011 Town Council agenda. 06a 6000 05 -02 -11 tc Minutes Page 5 of 7 168 Item No. 8 REQUEST FOR PROJECT FUNDING FOR INCREASED 169 170 Housing Manager Joe Coffey explained he is requesting Council approval for the use of 171 Excise Tax Funds to begin work on foundation repairs on the Brush Creek 300 and 172 Creekside 100 buildings and replacement of the Palisades apartments Fire Alarm 173 System. Staff recommends Council approve the use of $118,900 from the Excise Tax 174 Funds to repair the Brush Creek and Creekside building foundations and replace the 175 Palisades Fire Alarm system. The Housing Manager has collected bids on both of these 176 projects which need to be completed right away. The foundation work and the fire alarm 177 system replacement are considered to be rehabilitation projects to maintain the 178 affordable housing units and this is a requirement for the use of the Excise Tax funds. 179 180 Jason Haber made the motion to approve the staff recommendation for this project. 181 Fred Kucker seconded the motion. The motion was approved by a vote of 4 in favor to 182 0 opposed. 183 184 Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. 185 186 Voting Nay: None. 187 Item No. 9 CONTINUATION OF PUBLIC HEARING AND SECOND READING 188 ORDINANCE NO, 3, SERIES OF 2011 AMENDMENTS TO CHAPTER 16A 189 MUNICIPAL CODE, CONCERNING RESTRICTED HOUSING 190 191 Planning Director Chris Conrad presented the second reading of Ordinance No. 3, 192 Series of 2011, regarding amendments to Chapter 16A Municipal Code concerning 193 restricted housing. Mayor Boineau opened the continued Public Hearing at 7:46. 194 Conrad also noted this would require a roll call vote. Council reviewed the ordinance 195 line by line and page by page. 196 197 Jason Haber made the motion to approve by a roll call vote for second reading of 198 Ordinance No. 3, Series of 2011, amending Chapter 16A of the Municipal Code. Fred 199 Kucker seconded the motion. The motion was approved by a vote of 4 in favor to 0 200 opposed. 201 202 Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. 203 204 Voting Nay: None. 205 At 7:48 p.m. Mayor Boineau closed the Public Hearing for this item. 206 207 Item No. 10 MANAGER'S REPORT 05 -02 -11 tc Minutes Page 6 of 7 208 Road Project 209 Russ Forrest noted that there will be some road projects happening this month and 210 everything will be finished up in time for Chili Pepper weekend. 211 212 Item No. 11 AGENDA FOR NEXT TOWN COUNCIL MEETING *May 16, 2011 213 Russ Forrest stated that the County has called and would like to schedule their annual 214 joint meeting with the Board of County Commissioners. He noted it could be scheduled 215 as early as May 16 or at some other meeting in the near future. No agenda available at 216 this time, they are requesting an hour and half. 217 218 Council Member Haber asked what to expect for the Krabloonik update. Russ Forrest 219 stated that there will be a full report of the operation to date and he expects there will 220 be public in attendance. 221 222 Item No. 12 APPROVAL OF MEETING MINUTES FOR March 21, 2011 Regular Meeting April 4, 2011 Regular Meeting 223 John Wilkinson made the motion to approve the minutes for the Regular Meeting of the 224 Snowmass Village Town Council for March 21, 2011. Fred Kucker seconded the 225 motion. The motion was approved by a vote of 4 in favor to 0 opposed. 226 Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. 227 228 Voting Nay: None. 229 Fred Kucker made the motion to approve the minutes for the Regular Meeting of the 230 Snowmass Village Town Council for April 4, 2011. John Wilkinson seconded the 231 motion. The motion was approved by a vote of 4 in favor to 0 opposed. 232 233 Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. 234 235 Voting Nay: None. 236 Council Member Wilkinson noted that he appreciates the format and the work that goes 237 into the minutes from Town Clerk Rhonda Coxon. 238 239 Item No. 13 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS 240 241 Mayor Boineau 242 Mayor Boineau stated that he will be on vacation from May 4, through May 15, 2011. 243 _S51 too 05 -02 -11 tc Minutes Page 7 of 7 244 Fred Kucker 245 Council Member Kucker is expecting grandchild number four and based on that may or 246 may not be here for the May 16th meeting. He also noted that he will not be at the June 247 6th meeting. 248 249 Jason Haber 250 Council Member Haber has a Ruedi Water and Power Authority meeting, please contact 251 him with any watershed issues. 252 253 Item No. 14 ADJOURNMENT 254 255 At 7:59 p.m. 256 257 Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village 258 Town Council on Monday, May 2, 2011. Jason Haber seconded the motion. The motion 259 was approved by a vote of 4 in favor to 0 opposed. 260 261 Voting Aye: Mayor Bill Boineau, John Wilkinson, Fred Kucker, and Jason Haber. 262 263 Voting Nay: None. 264 Submitted By, 265 266 267 Rhonda B. Coxon, CMC 268 Town Clerk 269 106S do, Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 1, F f nn X3514 r,:'e2 Chili Pepper Chili Pepper Brew Festival Brew Festival 5 6 7 8 9 10 11 Town Council Meeting W 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Town Father's Day! Council CML -Vail CML -Vail CML Vail CML- Vail f Meeting 4:00 m. st 1 Day of Summer O 26 27 28 29 30 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 4 OF JULY Town Town Office's Council Meetina Closed! b 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Town Council Meeting 24 25 26 27 28 29 30 31 MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: June 6, 2011 SUBJECT: Resolution No. 20, Series of 2011 —Approving Settlement I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Approve the proposed settlement. II. SUMMARY OF PROJECT Two sub contractors on the Rodeo Place project remained unpaid after termination of the initial contractor. Their claims were barred under mechanic's lien law but they sued TOSV pursuant to Public Works Bonding Act (PWBA). III. BACKGROUND The subs and TOSV filed Motions for Summary Judgment based on the PWBA. TOSV taking the position housing is not a public work as the houses and property are sold to private owners. In a partial summary judgment, the court ruled that the project was a public work but did not rule that the subs had proven their case as a matter of law which is the standard in a summary judgment. IV. APPLICABLE REGULATIONS TOSV Charter Section 1.4. V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should Council approve the negotiated settlement? VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council approve Resolution 20 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION No. 20 SERIES OF 2011 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN LOGO CONCRETE, INC. AND PROFESSIONAL EXCAVATING, INC. AND THE TOWN OF SNOWMASS VILLAGE WHEREAS, the provisions of Section 1.4 Powers of the Home Rule Charter authorizes the Town Council to enter into contracts and agreements on behalf of the Town; and WHEREAS, Logo Concrete Inc. and Professional Excavating, Inc., hereinafter referred to as "Plaintiffs and the Town are currently parties to the following legal proceedings: Logo Concrete, Inc. v. The Town of Snowmass Village Case No. 09- CV 346, Pitkin County, District Court and Professional Excavating, Inc. v. The Town of Snowmass Village, Case No. 10- CV 255, Pitkin County, District Court; and WHEREAS, Plaintiffs and the Town desire to settle all of the proceedings pursuant to the provisions of a Settlement Agreement and Mutual Release, after having reviewed the format and content of the same; and WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, as follows: 1. Acceptance of Settlement Agreement and Mutual Release The Town Council hereby accepts and approves the Settlement Agreement and Mutual Release between Plaintiffs and the Town, a true and accurate copy of which is attached hereto. 2. Direction to May The Mayor is hereby authorized and directed to execute the Settlement Agreement and Mutual Release on behalf of the Town. 3. Direction to Town Staff Town Staff is hereby authorized and directed to take such actions as are necessary and proper to perform the obligations of the Town as set forth in the Settlement Agreement and Mutual Release. 1 ,,,5q op 4. Effective Date The provisions of this Resolution shall become effective upon the receipt by the Town of a Settlement Agreement and Mutual Release executed by Plaintiffs in substantially the form and content as the Agreement attached to this Resolution. 5. Severability If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on June 6, 2011 upon a motion by Council Member the second of Council Member and upon a vote of in favor and opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney 2 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This SETTLEMENT AGREEMENT AND MUTUAL RELEASE "Agreement is made and entered into this day of June, 2011, by and between the Town of Snowmass Village, a Colorado Home Rule Municipal corporation "TOSV and Logo Concrete, Inc. a Colorado corporation "Logo and Professional Excavating, Inc. "ProEx RECITALS A. TOSV and Logo are parties to proceedings which are pending in the District Court for Pitkin County, State of Colorado, styled Logo Concrete, Inc. v. The Town of Snowmass Village Case No. 09- CV 346, and ProEx and TOSV are parties to proceedings which are pending in the District Court for Pitkin County, State of Colorado, styled Professional Excavating, Inc. v. The Town of Snowmass Village Case No. 10- CV 255. B. The parties to this Agreement hereby intend to settle, compromise, and /or release any and all right, claim, debt, demand, liability, cost, expense, damages, including punitive and exemplary damages, claims for attorneys fees and costs and cause of action whatsoever, accrued or contingent, known or unknown, whether in equity or in law, pending or potential, that either party hereto has against the other party hereto, except as otherwise noted in this Agreement, that in any way arise out of the cases. 'ooki 6*0 SETTLEMENT AGREEMENT AND MUTUAL RELEASE Page 2 AGREEMENT For mutual consideration, the receipt and sufficiency of which is hereby acknowledged by each party, the parties stipulate and agree as follows: 1. Parties For purposes of this Agreement, and where used in this Agreement, the "parties" shall mean and include Logo, ProEx and TOSV. 2. Settlement and Consideration For and in consideration of and conditioned upon the signing of this Agreement by the parties and the promises contained herein, the mutual release contained in this Agreement, the signing of Stipulations of Dismissal of the cases by counsel for the parties on or before June 8, 2011, or as soon thereafter as signed copies are received, the parties agree as follows: a. TOSV agrees to cease and desist all efforts in defense of the cases and deliver to ProEx and Logo good and valuable consideration. b. Logo agrees to cease and desist all efforts to seek recovery of any and all damages against TOSV, including but not limited to all alleged damages for any reasons alleged and for all claimed attorney fees and costs. C. ProEx agrees to cease and desist all efforts to seek recovery of any and all damages against TOSV, including but not limited to all alleged damages for any reason in the case and for all claimed attorney fees and costs. jfi� 00 SETTLEMENT AGREEMENT AND MUTUAL RELEASE Page 3 3. Release of TOSV For and in consideration of the mutual promises contained herein and other good and valuable consideration, Logo for itself individually, and for its owners, members, representatives, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, successors, and assigns does hereby fully release and discharge forever TOSV, and its elected representatives, mayor, town council, officials, counsel, employees, agents, representatives, successors, and assigns from each and every claim or cause of action, whether accrued or contingent, known or unknown, pending or potential, whether in equity or in law, that Logo has or may have against TOSV, its elected representatives, mayor, town council, officials, counsel, employees, agents, representatives, successors, and assigns arising out of the cases, including but not limited to those causes of action or disputes which gave rise to, are related to and were asserted in such cases. This release does not include any claims that Logo may have against TOSV arising out of any breach by TOSV of this Agreement, which claims are expressly reserved and not released. 4. Release of TOSV For and in consideration of the mutual promises contained herein and other good and valuable consideration, ProEx for itself individually, and for its owners, members, representatives, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, successors, ks dp SETTLEMENT AGREEMENT AND MUTUAL RELEASE Page 4 and assigns does hereby fully release and discharge forever TOSV, and its elected representatives, mayor, town council, officials, counsel, employees, agents, representatives, successors, and assigns from each and every claim or cause of action, whether accrued or contingent, known or unknown, pending or potential, whether in equity or in law, that ProEx has or may have against TOSV, its elected representatives, mayor, town council, officials, counsel, employees, agents, representatives, successors, and assigns arising out of the cases, including but not limited to those causes of action or disputes which gave rise to, are related to and were asserted in such cases. This release does not include any claims that ProEx may have against TOSV arising out of any breach by TOSV of this Agreement, which claims are expressly reserved and not released. 5. Release by Logo. This Agreement is intended to, and Logo warrants that it will, dispose of any and all liability of TOSV to Logo. Should any further claim be made by any person or entity on behalf of Logo, the undersigned Logo agrees to hold harmless and indemnify TOSV from any and all liability for such claim, including all costs, expenses and attorneys' fees in defending such claim. This release does not include any claims that TOSV may have against Logo arising out of any breach by Logo of this Agreement, which claims are expressly reserved and not released. 6. Release by ProEx This Agreement is intended to, and ProEx warrants W�q SETTLEMENT AGREEMENT AND MUTUAL RELEASE Page 5 that it will, dispose of any and all liability of TOSV to ProEx. Should any further claim be made by any person or entity on behalf of ProEx, the undersigned ProEx agrees to hold harmless and indemnify TOSV from any and all liability for such claim, including all costs, expenses and attorneys' fees in defending such claim. This release does not include any claims that TOSV may have against ProEx arising out of any breach by ProEx of this Agreement, which claims are expressly reserved and not released. 7. Release of Logo. For and in consideration of the mutual promises contained herein, the release of TOSV of all damages and other good and valuable consideration, TOSV does hereby fully release and discharge forever Logo from each and every claim or cause of action, whether accrued or contingent, known or unknown, pending or potential, whether in equity or in law, that the TOSV has or may have against Logo arising out of the cases and disputes which gave rise to, are related to, were asserted in, or could have been asserted in such cases. 8. Release of ProEx. For and in consideration of the mutual promises contained herein, the release of TOSV of all damages and other good and valuable consideration, TOSV does hereby fully release and discharge forever ProEx from each and every claim or cause of action, whether accrued or contingent, known or unknown, pending or potential, whether in equity or in law, that the TOSV has or may have against ProEx arising out of the cases and disputes which gave rise to, are related to, were SETTLEMENT AGREEMENT AND MUTUAL RELEASE Page 6 asserted in, or could have been asserted in such cases. 9. Mutual Full Release This Agreement is intended to, and the parties warrant that it will, dispose of all liability of each against the other. The parties acknowledge and agree that: a. the claims released by the Agreement include claims which are known or unknown, suspected or unsuspected; and b. they may hereafter discover facts different from or in addition to those that they now know or believe to be true with respect to the claims released herein; and C. the releases contained herein will be and shall remain effective in all respects, notwithstanding such different or additional facts or the discovery thereof. 7. Dismissal of the Actions The parties agree to dismiss the cases with prejudice, as to all such claims, each party to bear its own attorney fees and costs, by filing the Stipulation of Dismissal with Prejudice within five days after the last party signs this Agreement. 8. Assiqnment of Rights Each party to this Agreement represents and warrants that it has not sold, assigned, conveyed, or otherwise transferred, prior to the final execution of this Agreement, any interest in the cases. 9. No Admission of Liability It is expressly understood and agreed that all promises, obligations, and /or payments made or agreed to be made under this SETTLEMENT AGREEMENT AND MUTUAL RELEASE Page 7 Agreement are to compromise and settle claims, and do not constitute any admission of liability by any party, nor shall this Agreement, or any proceeding hereunder, be deemed to be evidence of or an admission of any liability or wrongdoing by any party. The parties deny any liability to each other for any of the claims in the cases. 10. Successors and Assigns This Agreement shall be binding upon and inure to the benefit of all parties hereto, including their respective current and former officers, elected representatives, members, directors, employees, agents, partners, subsidiaries, affiliates, divisions, predecessors, successors, heirs, and assigns. 11. Voluntary Aqreement The parties agree and understand that this Agreement has been freely and voluntarily entered into, and that no representations or promises of any kind other than those contained in this Agreement have been made by either party to induce the other party to enter into this Agreement. The parties have read and understand this Agreement in its entirety. The parties acknowledge that each of them has been, or has had the opportunity to be, represented by counsel in connection with the negotiation, drafting, and execution of this Agreement. 12. Release Consideration Sufficient It is intended by the parties to this Agreement, and each of them, that this Agreement shall be complete and shall not be subject to any claim of mistake of fact or law by the undersigned, and that this Agreement expresses a full, final and complete settlement of all claims as against the SETTLEMENT AGREEMENT AND MUTUAL RELEASE Page 8 other parties and, regardless of the adequacy or inadequacy of the consideration, this Agreement is intended to avoid litigation and to be final and complete. 13. Authority to Enter Agreement Each person and entity executing this Agreement warrants that he is the duly authorized representative of the person or entity for which he acts and is fully and legally empowered to execute and deliver this Agreement. 14. Interpretation of Agreement Each party acknowledges and agrees that this Agreement shall not be deemed prepared or drafted by any one party. In the event of any dispute between the parties concerning this Agreement, the parties agree that any rule of construction, to the effect that any ambiguity in the language of the Agreement is to be resolved against the drafting party, shall not apply. 15. G overning Law This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, and jurisdiction and venue for any action arising out of this Agreement shall rest exclusively with the District Court for Pitkin County, Colorado. 16. Entire Agreement The parties agree that this Agreement constitutes the final and entire agreement among the parties and thereby supersedes and voids any and all prior agreements, letters, or understandings, whether written or oral, which may have existed regarding the subject matter of this Agreement. Z' SETTLEMENT AGREEMENT AND MUTUAL RELEASE Page 9 17. Modification of Agreement No provision or term of this Agreement may be amended, modified, revoked, supplemented, waived, or otherwise changed except by written instrument duly executed by the parties hereto. 18. Counterparts This Agreement may be executed in counterparts, each of which shall be an original, and all of which together shall constitute the Agreement. 19. Effective Date of Agreement The effective date of this Agreement shall be the date upon which the last party signs the Agreement. LOGO CONCRETE, INC By: President Date: June 2011. TOWN OF SNOWMASS VILLAGE By: Bill Boineau, Mayor Date: June 2011. NM W K W P b KKMw 4& y6w 00 88 �`p w qq m Q gQ�� OO to N M 2S q N Q t 0. 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