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02-05-01 Town Council Packet C TKT IWA W6 SNOWMASS VILLAGE TOWN COUNCIL A/d WORK SESSION 02-05-2001 2:00 — 2:40 P.M. PARCEL "N" EMPLOYEE HOUSING FINANCING DISCUSSION -- Marianne Rakowski/Russ Caldwell. . . .Pagel (Tab A) 2:40 — 3:10 HEALTHY MOUNTAIN COMMUNITIES UPDATE -- Colin Laird . . . . . . . . . . . . . . . . . . . . . .Page 24 (Tab B) 3:10 — 3:55 PROHIBITION OF SMOKING IN RESTAURANTS AND BARS DISCUSSION -- Steve Connor . . . . . . . . . . . . . . . . . . . Page 27 (Tab C) 3:55 —4:00 BREAK SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING 02-05-2001 CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS (5-Minute Time Limit) CONSENT AGENDA Item No. 3: RESOLUTION NO. 11. SERIES OF 2001 CONSIDERATION OF A RESOLUTION AUTHORIZING DOUGLAS MERCATORIS TO APPEAR BEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT AS A REPRESENTATIVE OF THE MOUNTAIN DRAGON RESTAURANT AS AN APPLICANT FOR A TEMPORARY USE PERMIT AUTNORIZING CHINESE NEW YEARS FESTIVITIES Steve Connor. . . . . . . . . . .. . . . . . . . . . . . . . Page 29 (Tab D) Item No. 4: APPROVE WORK SESSION SUMMARIES OF 12-11-01,12-18-00, 01-02-01, 01-15-01, 01-17-01 AND 01-18-01 . . .Page 32 (Tab E) 02-05-01 tc Page 2 REGULAR AGENDA Item No. 5: SECOND READING — ORDINANCE NO. 02, SERIES OF 2001 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF SECTION 10-29 OF THE MUNICIPAL CODE CONCERNING SEASONAL TRAIL CLOSURES -- Craig Thompson/Steve Connor . . . . . . . . . . .Page 47 (Tab F) Item No. 6: DISCUSSION/ACTION SEVEN STAR RANCH FINAL PUD — REQUEST FOR EXTENSION. -- Gary Suiter . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 66 (Tab G) Item No. 7: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/ STATUS REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 69 (Tab H) Item No. 8: CALENDARS . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 76 (Tab l) Item No. 9: ADJOURNMENT NOTE: ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. TOWN COUNCIL COMMUNIQUE Meeting Date: February 5 2001 Agenda Item: Parcel 'N' Financing Presented By: Marianne Rakowski, Finance Director Russ Caldwell,Financial Advisor—Investment Banker with Kirkpatrick,Pettis *Presentation—Approximately 15 minutes Core Issues: * General framework for the financing • Subsidy required to finance Parcel 'N' • Sale prices for the town homes General Info: Russ Caldwell is the Financial Advisor for the Town of Snowmass Village. Russ is currently an Investment Banker with the firm Kirkpatrick, Pettis and has been working with the Town in excess of 10 years. At the July 10, 2000 Town Council meeting, staff presented bond financing scenarios, estimated town home purchase prices and possible funding sources to cover the subsidy required to build Parcel 'N'. At that time, staff recommended a save and build approach to Parcel 'N'. Town Council directed staff to proceed immediately with the design/plan for Parcel 'N'. At the January 2, 2001 Town Council meeting, Joe Coffey, Housing Manager,presented the preliminary construction numbers. Based on these construction numbers, the previously agreed upon subsidy and the preliminary town home purchase price estimates,we put together a financing scenario (Scenario #1). The outcome of Scenario#1 is that the project is short of funds to complete the project. We put together a second scenario (Scenario #2), increasing the amount of the Town subsidy to make up for the shortfall. Scenario#2 works and shows a very small net profit. Included in your packet is a Memo from Russ Caldwell outlining the financing (A), Summary of Scenario #1 and Scenario#2 financing(B), the Subsidy funding numbers presented to the Town Council on 7/10/00 (C), the Subsidy funding numbers updated 1/3/01 (D),the Town Home Purchase Price Estimates (E), and the Parcel 'N' _/ Soso Construction Costs (F). For additional reading,the Sources and Uses of Funds and backup is also included for Scenario #1 (GI-G7 and Scenario#2 (HI-H6). Council Options: 1) Proceed with Scenario #2 financing including the estimated town home purchase prices. 2) Increase the town home purchase prices and/or consider a redesign or reduction of project amenities. 3 Use a save and build approach. Staff Recommendation: Staff still recommends a save and build approach. OZA .. �JW4/2001 14:08 PAX W002 A -1 KIRKPaTRICK P@TTIS A Mutal at Omdu Con"MY lnwdm u Slnce 1925 _3 do 1600 BROADWAY,SUITE 1100•DENVER,CO 80202.4922.303-764.6000 B00-942-7557 FAX 303.764.6002 HOME OFFICE!10250 REGENCY CIRCLE,SURE 400.OMAHA NE 68114.800-776.5777 Member NASD 6 SIPC.www,Nrkpstrkkpettis.com 4/2001 14:08 PAX 100003 �.. G , BACKGROUND The Town of Snowmass Village has used many techniques to finance employee housing since the Town incorporated in 1977. Some projects have been taxed backed, some real estate backed and some dependent on rental revenues. As projects have moved from concept to reality, the Town's staff, investment banker,and bond counsel have devised various mechanisms to achieve low cost borrowings while taking advantage of and working through prevailing federal tax laws. Generally,federal tax laws related to tax- exempt borrowings have been more restrictive than state laws. PARCEL N PARTICULARS Parcel N presented a challenge in that the terrain had limitations,the Town desired to achieve certain prices for units being sold,the Town did not desire to back the project with taxes,and some level of Town subsidy was needed. Over a period of months the professional team concluded the least restrictive method of finance was to use alternative collateral in a"lease—lease back"arrangement. This would simplify the structure and permit the Town to use a tax-exempt financing mechanism to produce financing of units to be owned by individuals. The approach calls for the creation of a not-for-profit corporation to arrange a leasehold interest in a separate Town asset. In this case the asset is the Town's Operations Facility. The interest in the asset becomes security for the municipal lease. The money derived from selling the lease to investors is used, along with Town funds, to constnrct parcel "N". The Town will receive money from the sale of Parcel N units to go to the Town's general fund. The general fund will pay off the "lease-leaseback"on the Operations Facility. While this sounds a little complicated,this structure is quite common in Colorado and bond counsel approves of this structure. It avoids unnecessary and costly arrangements dealing with mortgages and releases of mortgages on the 16 individual units that drive up transaction costs. It provides a very low borrowing cost, and it permits a tax-exempt borrowing under prevailing laws. WHERE WE ARE If the project moves through a successful election we are prepared to complete the transaction in 40 to 50 days. While the actual sale of the leases will take no more than one day,the process of writing and filing documents and Town approval of the"lease- lease back"has a certain path and order we must follow. SIZE OF THE PROJECT While numbers are close to final,the current projections indicate a bo rro win g 3.5 to 3.6 million dollars to be repaid over two years. The interest rate will be 5%or less. With an active Federal Reserve which is likely to continue in the near term, interest rates should be favorable for this borrowing and other projects the Town has approved. FEATURES OF THE LEASE-LEASE BACK The lease is sold to an investor who is willing to have the lease prepaid at anytime over two years. From the sale of units,the Town can retire portions of the lease early. The X040+/2(J01 14:09 FAX QI004 A • 3 precise dates of unit sales and closing is not controllable,but past experience and current demand indicate this will occur quickly at the"strike prices"being used in the finance plan. These prices we are using in this analysis are$240,000 for the 3 bedroom units and $215,000 for the 2 bedroom units. These are two sources of funds to construct the units: 1) lease proceeds and 2) the Town cash contribution. The plan contemplates spending lease-funds first then Town funds second to realize maximum short-term earnings on the Town cash. Overall, the finance plan, if each price falls into piece exactly as planned(which is doubtful),works quite well. THE NUMBERS Sources of Funds Applied over the two years: Bond&ease Sale $3,555,000 Town Funds 2,515,000 Interest Earnings 123,519 Unit Sales 3,690,000 Total $9,883,519 Construct Parcel N $5,957,000 Repay Leaser 3,836,750 Cost of Issuance 58,662 Total $9,852,412 Balance $31,107 This shows that with all pieces falling into place over two years the numbers work. AS PARCEL 'N' BOND FINANCING Scenario 01 Scenario ill ConstructlOn Funding Financin $ 3,590,19.9 $ 3,318481 Town Subsid 2,229,300 $ 2,614000 Int Inc on bond proceeds $ 125,447 $ 116,054 Int Inc on captlzd Interest $ 12,054 $ 7,465 Available for construction $ 5,957,000 $ 5,957,000 BOND FINANCING Bond Costs Bond Financing Bond Financing BankBond Principal $ 3,690,000 $ 3,555,000 Construction Interest(12 months) $ 184,500 $ 177,750 Sale of Units Interest(6 months) $ 107,958 $ 104,000 Financing Costs $ - $ (inc In bond principal) Total $ 3,982,458 $ 3,836,750 Repayment of Bonds Sale of Units $ 3,690,000 $ 3,690,000 Capitalized Interest $ 184,500 $ 177,760 Interest on Cap Interest $ 5,166 $ Total $ 3,879,666 $ 3,867,750 Balance $ (102,792) $ 31,000 Less:Bond Counsel Legal Fees $ (30,000) (inc In bond principal) NET PROFIT/LOSS $ (132,792) $ 31,000 COiCC.... ==muumuu= '/�� PARCEL 'N' SUBSIDY POSSIBLE FUNDING SOURCES Presented to Council 7/10/00 Subsigy#1 Existing Sources As of 12/31199 Remaining Housing Reserve Fund $ 140,000 $ 341,612 $ 201,612 Mountain View I Reserve Fund $ 200,000 $ 418,316 $ 218,316 Mountain View II Reserve Fund $ 20,000 $ 82,356 $ 62,356 PMH Reserve(Housing Fund) $ 26,525 $ 26,525 $ Housing Reserve(Gracle's Mitigation) $ 19,462 $ 19,462 $ Excise Taxes-2000 revenues $ 400,000 Escrow-ASC for Employee Housing $ 22,906 $ 22,906 $ Total Available Funds $ 828,893 Other Sources@ RETT Fund(If property is Town owned $ 90,000 or controlled;It would be during con- struction;for landscaping and land- scaping Irrigation) Road Fund(pick up the costs to build $ 122,400 road from Parcel'IC to Parcel'N') Total Other Sources $ 212,400 Total Funds — Subsidy 01 $ 1,041,293 Existing Subs_j f/T 1 As of 12131/99 Remaining Capital Reserve Fund: $ 1,188,000 $ 2,376,231 $ 1,188,231 On June 21, 1999,the Financial Advisory Board presented a recom- mendation to the Town Council regard- Ing the use of funds In the Capital Reserve Fund(see attached). If the Town Council feels the funding for Parcel'N'falls within the criteria,the above amount Is the calculated amount based on the Financial Advisory Boards requirement.The payback to this reserve would occur over 2-3 years from future excise taxes. POSSIBLE TOTAL FUNDS•-Subsidy#2: $ 2,229,293 PARCEL 'N' SUBSIDY POSSIBLE FUNDING SOURCES Updated 1/3/01 Subsidy#1 Existing o 'r ee: As of 12/31199 Remainlna Housing Reserve Fund $ 140,000 $ 341,612 $ 201,612 Mountain View I Reserve Fund $ 200,000 $ 418,316 $ 218,316 Mountain View 11 Reserve Fund $ 20,000 $ 82,356 $ 62,356 PMH Reserve(Housing Fund) $ 26,525 $ 26,525 $ - Housing Reserve(Gracle's Mitigation) $ 19,462 $ 19,462 $ Housing Reserve-budgeted 2000 $ 100,000 Excise Taxes-2000 revenues $ 812,300 Escrow-ASC for Employee Housing $ 22,906 $ 22,906 $ Total Available Funds $ 1,341,193 Other Sources: RETT Fund(If property is Town owned $ 139,190 or controlled;It would be during con- struction;for landscaping and land- scaping Irrigation) Road Fund(pick up the costs to build $ 160,000 road from Parcel'W to Parcel'N') Total Other Sources $ 299,190 Total Funds — Subsidy#1 $ 1,640,383 Existing smbsiotA2 As of 12131199 Remaining Capital Reserve Fund: $ 900,000 $ 2,376,231 $ 1,476,231 On June 21, 1999,the Financial Advisory Board presented a recom- mendation to the Town Council regard- ing the use of funds in the Capital Reserve Fund(see attached). If the Town Council feels the funding for Parcel'N'falls within the criteria,the above amount Is the calculated amount based on the Financial Advisory Boards requirement.The payback to this reserve would occur over 2-3 years from future excise taxes. POSSIBLE TOTAL FUNDS--Subsidy# $ 2,540,383 _g- PARCEL 'N' TOWNHOME PURCHASE PRICE ESTIMATES Used for Bond Financing Scenarios Purchase Total Unit # Price Sales 3 Bedroom Units 10 $ 240,000 $ 2,400,000 2 Bedroom Units 6 $ 215,000 $ 1,290,000 Total 16 $ 3,690,000 Other options presented to Council on 7/10/00 Purchase Total Unit fE P1111e Sales 3 Bedroom Units 10 $ 225,000 $ 2,250,000 2 Bedroom Units 6 $ 195,000 $ 1,170,000 Total 16 $ 3,420,000 Purchase Total Unit Pie &ales 3 Bedroom Units 10 $ 250,000 $ 2,500,000 2 Bedroom Units 6 $ 220,000 $ 1,320,000 Total 116 $ 3,820,000 IF Parcel N Construction Cost Estimate as of 12-21-00 Building Construction $ 51326,597 Ridge Condominium Inspections $ 15,000 Architectural $ 195,000 Civil Engineering $ 60,000 CTL Thompson $ 75,000 Water and Sanitation Tap Fee $ 50,000 Rock Removal /Dewatering $ 51000 Construction Trash $ 15,000 Drapes and Blinds $ 32,000 Legal — S. Connor $ 81000 Land Planner $ 15,000 Water and Sewer Design Fee $ 10,000 Owner's Contingency $ 150,000 Estimated Total Construction Costs $5,956,597.00 Parcel N Square Feet 2 Buildings 26,906 @ $142.98 S.F. 3 Detached Garages 810 @ $ 63.88 S.F. Carports 41230 @ $ 51.59 S.F. Trash Enclosure 150 @ $ 81.37 S.F. Total 32,096 S.F. There is a contractor's contingency of $239,000. and an owner's contingency of $150,000. included in the total construction budget. The total contingency budget is $389,000. �O 5titill iot'loos SOURCES AND USES OF FUNDS SNOWMASS VILLAGE HOUSING DEVELOPMENT CORPORATION ( ' - SERIES 2001 SNOWMASS BONDS(note payments) v Employee Housing Project Be.1: Town Contribution of$2,229,000 Dated Date 03/152001 Delivery Date 03/152001 Sources: Bond Proceeds: Per Amount 3,690,000.00 Other Sources of Funds: Town Donation Proposed 2,229,000.00 5,919,000.00 Uses: Prd)ed Fund Deposits: Construction Costs(1) 5,819,499.06 . Other Fund Deposits: DSRF/Cap Int.Fund(2) 184,500.00 Delivery Date Expenses: Underwriter's Discount 27,675.00 DTCICUSIP 600.00 Trustee 1,500.00 29,675.00 Other Uses of Funds Contingency •114,874.06 5,919,000.00 Notes: II)Construction Fund Invested at 5.60%with level draws over 14 months. I2I DSRF invested at 6.60%:Interest somings used M Construct. Fund.Principal balance sized for Interest payment requlrertlsnta on&1 SI01 and 3116/02 and could be drawn on time dates. Soles assumed to occur 50%sash on 9/16/02 and 11/16/02. 1 .Ian 3,2001 2:15 Pre Prepared by KIRKPATRK:K PETTIS OUNMATIVE GROUP i6nowrens VIl49s oomoe-oiNOT6911.1 e _ wa ew•r♦ •nnsirntM4r, BOND DEBT SERVICE SNOWMASS VILLAGE HOUSING DEVELOPMENT CORPORATION V SERIES 2001 SNOWMASS BONDS(note payments) Employee Housing Project Be.1: Town Contribution of$2,229,000 Dated Dole 03/15/2001 Delivery Date 03/1512001 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 03/1502001 09115!2001 92,250.00 92,250.00 03/15/2002 92,250.00 92,250.00 184,500.00 09/1502002 11805,000 5.000% 92,250.00 1,897,250.00 11/162002 1,885,000 5.000% 15,708.33 1,900,708.33 031152003 3,787,958.33 3,690,000 292,458.33 3,982,458.33 3.982,458.33 MQ do Jan 7,2001 2:15 Po Pr"wW by KlRXPATMCK PETTIS OUANTRATIVE GROUP (Snamneu VNlpe 00 MOC-01NOTE61 NET DEBT SERVICE +a SNOWMASS VILLAGE HOUSING DEVELOPMENT CORPORATION SERIES 2001 SNOWMASS BONDS(note payments) Employee Housing Project Sc.1: Town Contribution of$2,229,000 DSRF1Cap Total Int.Fund Net Annual Date Principal Interest Debt Service [2) Debt Service Net D1S 09/16/2001 92,250.00 92.250.00 92,250.00 031157002 92,250.00 92,260.00 92,260.00 184,500.00 09/152002 1,805,000 92,250.00 1,697,250.00 1,897,250.00 11/1512002 1,885,000 15,708.33 1,900,708.33 189,666 1.711,042.33 031152003 3,808,292.33 3,690,000 292,456.33 3,982,458.33 189,688 3,792,792.33 3,792,792.33 Notes: DSRF Invested at 6.60%;interest earnings used In Construct. Fund.Principal balance shed Im Interest psyment requirements on 911tN01 and 3/15102 and could be drawn on those dates. �� — Jon 3,2001 2:15 PM Prepared by KIRKPATRICK PETTIS GUANIITAWA GROUP (Snowmoos VBe9e W.NDC0INOTEB? �n ri ,• OT •nnsicri lihnn, BOND SOLUTION •� SNOWMASS VILLAGE HOUSING DEVELOPMENT CORPORATION SERIES 2001 SNOWMASS BONDS(nob payments) Employee Housing Project Sc. 1: Town Contribution of$2,229,000 Period Proposed Proposed Total AdJ Revenue Unused Debt Sery Ending Principal Debt Service Debt Service Constraints Revenues Coverage 08!1542002 194,500 184,500 .184,500 09/15/2002 1,805,000 1,987,250 1,897,250 1,845,000 -52,250 97.24901% 10/152002 11/152DD2 1.895.000 1,900,708 1,900.709 1,ea5.000 -55,708 97.099D9% 3,890,000 3,982,458 3,982,458 3,990,000 -292,458 Nolen: 'Revenue ConatraMl'describes ales,uRlloh are assumed to Dear � does each on 9115102 and 11115102. Jen S.201 2.15 pm Prepared by KIRKPATRK:K PETTIS QUANTITATIVE GROUP (6n0wnws V11"0MIIDC41NOTEe1) PROJECT FUND -� SNOWMASS VILLAGE HOUSING DEVELOPMENT CORPORATION SERIES 2001 SNOWMASS BONDS(note payments) Employee Housing Project Sc. 1: Town Contribution of$2,229,000 Construction Costs[1](CONST) DSRFICap Interest Int.Fund 8cheduled Date Depoe@ 05.9% Principal [2) Draws Balance 03/15/1001 5,819,499.06 2,229,000.00 2,229,000.00 3,590,499.05 04115!2001 266,265.71 258,285.71 3,324,213.35 05/162001 32,268.88 232,295.06 1,722 266,265.71 3,091,918.30 061162001 266.285.71 266.286.71 2.825,832.59 07/152001 268,285.71 256,285.71 2,559,346.66 08152001 266,285.71 288,285.71 2,293,061.17 091152001 288,285.71 286,285.71 2,028,775.48 1011512001 268,285,71 266,285.71 1,780,489.75 11/152001 67,933.71 193,168.00 5,166 288,266.71 1,667,303.76 1211512001 266,285.71 266,285.71 1,301,018.04 011152002 266,285.71 288,265.71 1,034,732.33 01/152002 288,285.71 286,285.71 785,446.62 03/1612002 268,285.71 266,285.71 602,160.91 04/16/1002 268,285.71 268,285.71 235,875.20 051152002 25,244.61 235,876.20 5,166 288,285.71 6,819,499.06 125,446.86 5,819,499.06 12,054 5.956,999.94 I / gap Jan 2.2001 216 pm Prepared by KIRKPATRICK PETTIS Gl14HMATNE GROUP (6nownree VWape 00:HDC41WTE61) DEBT SERVICE RESERVE FUND G1, 6 SNOWMASS VILLAGE HOUSING DEVELOPMENT CORPORATION SERIES 2001 SNOWMASS BONDS(note payments) Employee Housing Project Sc.1: Town Contribution of$2,229,000 DSRF/Cap Int Fund[21(CAPRES) Interest Construction Data Deposit 05.5% Principal Costs[1] Debt Service Balance 03/1&=1 184,500 184.500 05/15/!001 1,722 -1,722 164,500 W15=1 5,166 -5,166 184,500 DS/152002 5,188 -5,168 184,500 11/15/2002 5,1ee 184,500 -18908 184,600 17,220 184,500 -12,064 -189,8116 ^! d Jan 3,2001 2:15 Pin Prepared by KIRKPATRICK PETTIS QUANTITATIVE GROUP (Snawmess Wage 00:HDC-01NOTEe BOND SUMMARY STATISTICS G �� SNOWMASS VILLAGE HOUSING DEVELOPMENT CORPORATION SERIES 2001 SNOWMASS BONDS(note payments) Employee Housing Project Sc. 1: Town Contribution of$2,229,000 I Dated Date 03/162001 Delivery Date 03/152001 Lest Maturity 11/152002 Arbitrage Yield 5.002141% True Interest Cost(TIC) 6.002141% Net Interest Cost(NIC) 6.000000% All-in TIC 6.539347% 1 Average Coupon 5.000D00% Avenge Ltie(yews) 1.585 Duration of Issue(years) 1.543 Par Amount 3,590,000.00 ! Bond Proceeds 3,690,000.00 Toot Interest 292,458.33 Net Interest 292,438.33 Bond Ysere from Doted Date 5,849,186.67 Bond Yews from Delivery Date 5,849,186.87 Total Debt Service 3,962,456.33 Maximum Annual Debt Service 3,797,956.33 Average Annual Debt Service 2,389,476.00 Underwriter's Fen(per$1 ODD) i Avenge Takedown Other Fee Total Underwriter's Discount Ble Pike 100.000000 Per Average Avenge "nd Component Value Price Coupon LNs Nqte Payments 3,690,000.00 100.000 5.000% 1.565 - 3,690,DDO.00 1.586 All-In Arbitrage I TIC TIC Yield Per Value . 3,690,000.00 3,1190,000.00 3,690,000.00 +Acuyea Interest •Pre (Discount) •Unde rliter's Discount Cost Issuance Expense .Othei Amounts •29,675.00 Target Value 3,890,000.00 3,660,325.00 3,590,000.DD Target date 03/152001 031152001 03/162001 Yield 5.0021411A 5.539347% S.DM14i% dw . 17 Jan 3.2001 2:15 pm Prepared by KIRKPATRICK PETS OUANTITATIVE GROUP (Snowress Village oo:HDC-01 NOTEBI), ova rw•rr ♦nn7 ieeioo , J 04/2001 11:59 FAX 10005 SOURCES �JCQnO�f�O� OURCE D USES OF FUNDS SNOWMASS VILLAGE HOUSING DEVELOPMENT CORPORATION • SERIFS 2001 SHOWMASS BONDS(note payments) Employee Housing Project Sc.9: Town Contribution of$2,615,000 Dated Dote 03/151'2001 Delivery Date 03115/2001 8ourow: Bond Proceeds. Psi Amount 3,555,000.00 Other Sources of Funds: Town Donation Proposed 2,616,000.00 6,070,000.00 Uses: Project Fund Deposits: COnelnlCt Ml Costa(1) 6,833,460.71 Other Fund Deposits: Cap Int.Fund M 177,750.00 Delivery Date Expenses: Undenanters Discount 26,662.50 DTC/CUSIP 50D.D0 Tomes 1,500.00 Legal Fees 3D 000,00 — 58,BB2.�U . Other Uses of Funds. Contingency 108.70 6,070,000.00 onsauctlon Fund Invested st 6.80%with bwl draws own 14 p.Int.Fund Invested at 6.60%;Nteresl esminps used In slructlon Fund.S4ed for Inlsnst psymends ropulrsd on 1 and 3/1 W02 end Is shown drawn on those dates. es assumed to occur 60%each on 911 SM2 and 11!16102. s• • 1 916 sm Prepamd by KIRKPATRICK PETTIS OUANTITATIVE GROUP (Sro Mvaa V111"o WMDC-01NDTECa) IM04/2001 11:39 FAX Q 006 BOND DEBT SERVICE SNOWMASS VILLAGE HOUSING DEVELOPMENT CORPORATION SERIES 2001 SNOWMASS BONDS(note payments) Employee Housing Project Sc.3: Town Contribution of$2,616,000 Dated Dote 03/158001 Delivery Dale 031168001 Annual Period Debt Debt Ending Principal Coupon Interest Sella Service 03158001 09/168001 - 88,875 88,876 03/15/2002 86,875 68,876 177,760 09/168002 1,740,000 5.000% 88,876 1,828,875 111168002 1,816,000 5.000% 16,125 1,830,126 03116/2003 3,659,000 3,555,000 281,760 3,838,750 3,636,760 r � � 7001 e:1e oral Prepared by KIRKPATRICK PETTIS QUANTITATIVE GROUP (Snowrmn Veape 00:HDC-01NOTEC6) 110W�4/2001 11:39 FAX 9 007 NET DEBT SERVICE SNOWMASS VILLAGE HOUSING DEVELOPMENT CORPORATION SERIES 2001 SNOWMASS BONDS(note payments) Employee Housing Project Sc.5: Town Contribution of 62,516,000 Total Cep Int. Not Annual Dab Principal Interest Debt Service Fund r4 Debt Service Not D1S 09/1512001 88,876 88,875 88,875 03/16/1002 88,875 88,876 88,875 09/152002 1,740,000 88,875 1,825,876 1,828,876 11/152002 1,815,000 16,126 1,830,125 1,830,125 03/162003 3,659,000 3,655,000 281,750 3,836,760 177,760 3,659,000 3,659,000 1 tr�Int.Fund invested at 5.60%;Interest earnhps used in uction Fund.Sized for Interest payments required on 1 and 3116/02 and Is shown drawn on those dales. . wom 001 a.-Is am Pwamd by KIRKPATRICK PET11S OUANTITATryE GROUP (6normua Vaspe 00MDC-01NOTECa) W004/2001 11:40 FAX 1®008 BOND SOLUTION �k - y SNOWMASS VILLAGE HOUSING DEVELOPMENT CORPORATION SERIES 2001 SNOWMASS BONDS(note payments) Employee Housing Project Be.3: Town Contribution of$2,616,000 Period Proposed Proposed Debt Service Total Adj Revenue Unused Debt Serv, Ending Principal Debt Service Adjustments Debt Service Constraints Revenues Coverage 152002 177,750 .177,750 91152002 1,740,0DO 1,828,875 1,628,876 1,845,000 16,125 100.86169% 0/162002 1/162002 1,616,000 1,630,125 1,830,125 1,845,000 14,676 100.81279% 3,655,000 3,836,760 .177,760 3,659,000 3,690,000 311000 LConstraint'describes Was.which are assumed to occur .each on 9115102 and 11115102. Miss as 2001 9:16 am Prepared by KIRKPATRICK PETTIS OUAHnTATWE GROUP (Snowmen VSlaee 00:HDC•01NOTECS) ,VO4/2001 11:40 FAX IM009 PROJECT FUND N - 5 SNOWMASS VILLAGE HOUSING DEVELOPMENT CORPORATION SERIES 2001 SNOWMASS BONDS(note payments) Employee Housing Project Sc.3: Town Contribution of$2,516,000 Construction Costs ftl(CONST) Interest Cep Int.Fund Scheduled Deb Deposit 66.6% PrInelpsl Draws Balance 03/10001 5,633,480.71 2,615,000.00 2,616,000.00 3,316,480.71 04115/2001 245,857.18 245,857.18 3,072,623.53 05/1512001 29,826.15 2U1,372.99 1,659.00 245,657.14 2,858,250.54 0611512001 245,857.14 245,657.14 2,612,393.40 07/152001 245,857.14 245,857.14 2,386,538.26 08/152001 245,857.14 246,857.14 2,120,679.12 09/152001 245,857.14 246,867.14 1,674,821.95 10/15/2001 245,657.14 245,867.14 1,628,954.84 111152001 62,821.02 178,888.62 4,147.50 245,66714 1,460,076.22 12/162001 245,857.14 246,857.14 1,204,219.08 01/152002 245,857.14 245,667.14 968,361.94 02/162002 245,857.14 245.867.14 712,504.60 O3H 62002 244,196.14 1,659.00 245,857.14 468,306.66 041152002 246,857.14 245,867.14 222,449.52 05/152002 23,407.62 222,449.62 246,657.14 6,833,480.71 116,053.79 5,633,480.71 7,466.50 5,957,000.00 IAa saw 1 Y00/ 9:16 em Prepared by KIRKPATRICK PETTIS QUANTrrATNE GROUP (6ro 8$e MIspe 00:HDC-01NOTEC3) J&04/2001 11:40 FAX X1010 BOND SUMMARY STATISTICS • • SNOWMASS VILLAGE HOUSING DEVELOPMENT CORPORATION SERIES 2001 SNOWMASS BONDS(nob payments) Employee Housing Project So.3: Town Contribution of 12,616,000 Dated Date 03/15/2001 Delivery Date 03/15/3001 Last Maturity 11/152002 Arbitrage Yield 5.002140% True Interest Cost(TIC) 5.002140% Net Interest Coal(NIC) 6.000000% All-In TIC 6.110810% Average Coupon 6.000000% Average Lde(years) 1.685 Duration of Issue(years) 1.543 Par Amount 3,555,000.00 Bond Proceeds 3,555,000:00 Total Interest 281,750,00 Net Interest 281,760.00 Bond Years from Dated Dole 5,636,000.00 Bond Years from Delivery Date 5,835,000.00 Total Debt Sella 3,838,760.00 Maximum Annual Debt Service 3,659,000.00 Average Annual Debt Service 2,302,050.00 Underwriter's Feu(per$1000) Average Takedown Other Fee Total Underwriters Discount Bid Price 100.000000 Par Avenge Average Bond Compdnord Value Price Coupon Live Note Payment 3,555,000.00 100.000 6.000% 1.686 3,655,000.00 1.685 AIFIn Arbitrage TIC TIC Yield Per Value 3,555,000.00 3,655,000.00 3,665,000.00 •Accrued Interest •Premium(Discount) -Urlder"Iers Discount -Cost of Issuance EgwM -Other Amounts -58,662.60 Target Value 3,555,000.00 3,496,337.50 3,655,000.00 Target Date 03/1&2001 03/16/2001 03115/2001 Yield 6.002140% 6.110610% 6.002140% r� � J 1 9.16 am PMPwMd by KIRKPATRICK PETTIS OUANTITATIVE GROUP (6nmarlsse Vaps 00:14DCO11101SCa) HMC FAX NO. : 9631194 Jan. 31 2001 12:23PM P1 i Healthy Mountain Communities Fostering Regional Connections and Solutions to Improve Our Quality of Life MEMORANDUM To: Snowmass Village Town Council Members Date:January 31, 2001 From: Colin Laird Re: Funding proposal SUMMARY Over the last five years, HMC has pieced together roughly $700,000 of outside money to foster regional cooperation to on issues ranging from youth development and human services to affordable housing and transportation. These resources have covered HMC's operational and project related expenses. Because of changes in the availability of funding within Colorado for regional work, Healthy Mountain Communities Is currently asking local governments in the region for-annual support for the year 2001. This commitment will help HMC leverage additional resources and continue our regional mission. Pitkin County has,committed $8,000 and Glenwood Springs has committed $5,000 to HMC for 2001. HMC Is asking the Town of Snowmass Village for$5,000. WHAT IS HMCT In 1993,a citizen-based planning process began In the Parachute to Aspen Region. This process was sponsored by the Roaring Fork Forum and funded by the Colorado Trust. Over 100 citizens from the Parachute to Aspen area examined Issues and trends facing the region. Recognizing the multi-jurisdictional nature of such issues as human services, transportation, affordable housing, and economic development, citizens decided to create 'a regional nonprofit organization to accomplish the following: • Increase regional partnerships on the most pressing community issues; • Serve as a nonpartisan convener and facilitator;and • Attract outside resources to create regional solutions. Since late 1995, when Healthy Mountain Communities formally became a 501(c)3 nonprofit organization, it has successfully convened and facilitated a number of regional efforts to address Issues of local concern. Some of our successes include: • Introduding and nurturing the concept of developing youth assets; • Coordinating the first regional approach to affordable housing in the Basalt to Glenwood region; • Supporting small business growth by creating a local lending pool; Organizing the first regional travel patterns study; • Coordinating a regional transportation roundtable to discuss transportation Issues; • Coordinating support from local governments to help pass state enabling legislation for the creation of rural transportation authorities(1997 and 2000); • Supporting regional planning by developing the first regional geographic Information system (CIS) database, which contains Information on population;housing,zoning, wildlife,and transportation; • Establishing a regional volunteer network for senior programs;and • Organizing workshops and symposia on transportation and land use Issues. P.O.Box 1582 - Carbondale,Colorado 81623 Phone:970.963-5502 — Fax:970-963-1194 �- - Email:claird®hmccolorado.org - Web:www.hmccoloodo.org FROM HMC FRX N0. :'9631194 Jan. 31 2001 12:23PM P2 1 HOW DOES SUPPORTING HMC HELP LOCAL GOVERNMENTS? Affordable Housing Shortages... Youth Delinquency... Rapid Growth... Traffic Congestion... Family Stress... These Issues are straining and splintering our community. To make matters worse, these issues often cross political jurisdictions making them even more difficult for Individual communities to address. HMC offers a non-partisan regional perspective and focus to help communities pool resources to address common problems. `Instead of each community problem-solving, funding, and staffing efforts to address community Issues, HMC has leveraged the power of collaboration to address regional problems and ultimately save local governments money,time,and energy. For instance, starting In 1996, HMG coordinated a series of Regional Transportation Roundtables with elected officials from Parachute to Aspen. At these meetings, elected officials shared their local challenges and discussed the advantages of regional collaboration. The roundtable meetings culminated in an HMC sponsored regional transportation symposium in Aspen and Glenwood Springs In October of 1996. The symposium Included a number of presentations Including, U.S. Representative Earl Blumenauer of Oregon and Hank Dittmar of the Surface Transportation Policy Project who both talked about the advantages of legislative action to address transportation issues. At the meeting local elected officials agreed to jointly support enabling legislation that Rep. Russell George was willing to Introduce to allow for the formation of rural transportation authorities(This legislation subsequently passed In May 1997). The roundtable discussions also lead to a Local nd Regional Travel Patterns Study and preliminary analysis of a regional 'transportation authority through grants written by HMC with matching funds from local governments. HMC also wrote the grant proposal (which was funded by the Regional Smart Growth Partnerships Program)that helped begin the RTA planning process in 1998. (See hmccolorado.org for more Information on HMC's work.) HOW HAVE LOCAL GOVERNMENTS SUPPORTED HMC IN THE PAST? Local governments have provided significant funding to HMC over the years for specific projects and usually as local match to another larger grant from outside the region. Almost all of the $106,000 local governments have contributed to HMC over the years have been matching funds with which HMC was able to receive additional grants ($14,000 were outright grants to HMC). Healthy Mountain Communities' fund raising efforts have added significantly to the local government Investment by matching it several times over. HMC's ability to leverage local funding means local government contributions to HMC average only 16%of HMC total budget. History of Local Government Cash Contributions to HMC by year Eagle' 2,0D0 2,000 Garfield 500 510-00- S500 Pitkin • t 1000 10 000 10,000 2,000 5,000 28 000 Aspen 10000 10000 7,500 27,500 Basalt -210-0-0- 2 500 2050 2,500 9,050 Carbondale Soo 500 Glenwood Spring! 14,600 1 3,0001 20,100 Rifle 1 501 Sol Snowmass Village 1.0001 10,0001 2,500 13 500 Local Government 4,000 50,601 201000 9,050 20,590 106,657 sub Total Annual HMC Budxet 1 15,0001 50,000 98,0001 142,0001 180,0001 100,0001 157,000 742,000 Government Contributions as% of 0% A 0% 4X 36X 11% 9X 13% 14% total budget son FROM HMC FFIX NO. : 9631194 Jan. 31 2001 12:24PM P3 3 WHAT IS HMC REQUESTING FROM LOCAL GOVERNMENTS'✓ Suggested local government cash contributions Suggested 2001 Committed Population Property Tax Contribution Funding to Local Government 2000 Revenue1999 Sales Tax 1999 to HMC Date Pitkin 15,087 8,255 641 2,499,412 10 000 8,Q00 Aspen 5,803 3,139,410 10 567 633 70,000 Snowmass Village 1,658 2,592,436 2 928 629 S,000 Basalt 2,415 103,239 1,637 558 Z 500 Eagle(RFV only) 4,844 2,500 Garfield 41,618 7,800,000 2,658,490 2 500 Carbondale I& '1 254 000 1,610 145 2,500 Glenwood Springs 8 581 280,91 9 763 214 5,000 1 5,0001 Total 85,717 $22,424,726 $31,665,081 $40,000 $13,000 Appointed board members As part of this proposal,we are also asking each local government to appoint a member from their community or county to the HMC board of trustees. This person would attend 3 board meetings throughout the year and provide direction on policy and governance issues for the organization. The person could be an elected member of the local government board, a staff member, or a citizen. The HMC board would also appoint cltizens-at l�rge to the board to ensure a broad and diverse membership from throughout the region. ��ss+a► T O S V MEMORANDUM to: T. Michael Manchester, Mayor and Town Council Members from: Stephen R. Connor, Town Attorney subJect: Smoking Regulation Amendment file no.: TOW-10-1 date: February 2, 2001 As you directed, I have revised and restated the provisions of the Municipal Code relating to the prohibition of smoking in restaurants and bars for discussion purposes. The existing Code provisions have been simplified by removing the distinction between restaurants and bars and other public places. The revised and restated provisions prohibit smoking in all enclosed public places except in areas that have physical barriers and independent ventilation systems to prevent smoke from entering nonsmoking areas. Previously there was no regulation of smoking outdoors. I have added a provision requiring restaurants to provide nonsmoking seating outdoors. The draft provisions are as follows: Sec. 10-81. Definitions. As used in this Article, the following words shall be construed to have the meanings defined below: (1) Independently ventilated system means the ventilation system for any enclosed area in which smoking is permitted that does not allow the mixing of air from smoking and nonsmoking areas. (2) Public place means any area where the public is invited or permitted. (3) Smoking means the combustion of any cigar,cigarette, pipe or similar article, using any form of tobacco or other combustible substance in any form. Sec. 10-82. Smoking Prohibited. Smoking is prohibited in all enclosed public places, except where physical barriers and independently ventilated systems are employed to prevent smoke from entering nonsmoking areas. In public places that are not enclosed and which are licensed by the Liquor Licensing Authority, not less than one-half of the seating shall be designated nonsmoking and smoking is prohibited in such areas. Sec. 10-83. Signs. Any area designated as a no-smoking area pursuant to this Article shall be posted with signs in conspicuous locations within such areas. Such signs shall clearly and conspicuously recite the phrase "No Smoking" or "No Smoking Except .in Designated ^0 T. Michael Manchester, Mayor and Town Council Members February 2, 2001 Page 2 Areas" and use the international no-smoking symbol. The signs shall be of sufficient number and placed in prominent locations to convey the message clearly and legibly. Sec. 10-84. Responsibilities of proprietors and managers. The proprietor of a public place shall make reasonable efforts to obtain compliance with this Article by: (1) Posting appropriate signs. (2) Arranging seating and work areas to provide a smoke free area. (3) Asking smokers to refrain from smoking upon request of a person in attendance suffering discomfort from the smoke. (4) Using physical barriers and independent ventilation systems to minimize the toxic effect of transient smoke in adjacent nonsmoking areas. (5) Any other means which may be appropriate. Sec. 10-85. Violation and penalty. The following acts constitute violations of this Article: (1) Smoking in a posted no-smoking area; (2) Failing to post a no-smoking sign as required by this Article; (3) Knowingly failing to inform any person who violates this Article, when such duty to inform arises as set forth in Section 10-84 above; and (4) Willfully destructing or defacing of a sign posted as required by this Article. Please provide me with your direction regarding the preparation of Ordinance No. 5, Series of 2001 which will amend the Municipal Code to enact revisions to Article 5 Chapter 10, the existing provisions regarding smoking. NX • TOWN COUNCIL COMMUNIQUE Meeting Date: February 2, 2001 Presented By: Stephen R. Connor, Town Attorney Subject: Resolution No. 11, Series of 2001 A RESOLUTION AUTHORIZING DOUGLAS MERCATORIS TO APPEAR BEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT AS A REPRESENTATIVE OF THE MOUNTAIN DRAGON RESTAURANT AS AN APPLICANT FOR A TEMPORARY USE PERMIT AUTHORIZING CHINESE NEW YEARS FESTIVITIES. Overview: Pursuant to the provisions of Section 2-97 of the Municipal Code, a Town Council Member must obtain the prior approval of the Town Council by Resolution to represent a personal or private interest before the Town. Merc is representative of an applicant seeking the issuance of the a temporary use permit. Merc was granted authorization to appear before the Community Development Department on January 15, 2001 and this Resolution is a formal ratification of the Town Council's action on that date. Recommendation: Approve the Resolution. 2 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION No. 11 SERIES OF 2001 A RESOLUTION AUTHORIZING DOUGLAS MERCATORIS TO APPEAR BEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT AS A REPRESENTATIVE OF THE MOUNTAIN DRAGON RESTAURANT AS AN APPLICANT FOR A TEMPORARY USE PERMIT AUTHORIZING CHINESE NEW YEARS FESTIVITIES. WHEREAS, Douglas Mercatoris is a member of the Town Council; and WHEREAS, Mercatoris is a representative of the Mountain Dragon Restaurant,the applicant for a temporary use permit being processed by the Community Development Department; and WHEREAS, Section 2-97 of the Municipal Code states as follows: Representation of private interests. No official or employee shall appear on behalf of a personal or private interest before the Town Council, any commission or board of the Town, any department of the Town or the Municipal Court without the prior approval of the Town Council expressly set forth in a resolution; and WHEREAS, Mercatoris requested the Town Council to authorize him to represent the Mountain Dragon before the Community Development Department within the meaning of Section 2-97; and WHEREAS, Section 2-97 of the Municipal Code authorizes the Town Council to grant prior approval for the appearance of a member of the Town Council before the Community Development Department to represent a personal or private interest; and WHEREAS, the Town Council recognizes the need for the conduct of proceedings by the Community Development Department in an impartial and unbiased manner; and WHEREAS, the Town Council desires to authorize Mercatoris to represent the Mountain Dragon before the Community Development Department upon the terms and conditions as hereinafter set forth; 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. A_pi)earance Before the Community Development Department. Authorization dw� doe Resolution No. 11, Series of 2001 Page 2 to appear before the Community Development Department to represent the Mountain Dragon within the meaning of Section 2-97 of the Municipal Code is hereby granted to Mercatoris effective upon the adoption hereof and terminating on December 31, 2001. This Resolution is a formal ratification of the action taken by the Town Council by motion on January 15, 2001. 2. Revocation of Authorization. The authorization granted in this Resolution may be reconsidered, modified or revoked at the option of the Town Council upon good cause shown. 3. 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 January 2, 2001 upon a motion by Council Member , the second of Council Member , and upon a vote of _ in favor and against, Council Member Mercatoris recused. TOWN OF SNOWMASS VILLAGE T. Michael Manchester, Mayor ATTEST: Trudi Wodine, Town Clerk SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION SUMMARY 12-11-00 COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Jack Hatfield, Arnold Mordkin and Richard Virtue COUNCIL MEMBER APPOINTEE: Bob Purvis COUNCIL MEMBERS ABSENT: Douglas Mercatoris was granted a leave of absence. STAFF PRESENT: Gary Suiter, Town Manager; Joe Coffey, Housing Manager; Steve Connor, Town Attorney; Jim Wahlstrom, Senior Planner; Craig Thompson, Community Development Director; David Peckler, Transportation Manager; Hunt Walker, Public Works Director; Robert Voigt, Senior Planner; Chris Conrad, Planning Director; Larry Green, Wildlife Specialist; Carey Shanks, Assistant to the Town Manager; Bernadette Barthenlenghi, Landscape Architect; and Donna J. Garcia, Secretary/Records Clerk PUBLIC PRESENT: Don Schuster, Bill Kane, Sherri Sanzone, Gideon Kaufman, Ben Dodge, John Sales, Carolyn Purvis, Madeleine Osberger, Dean Gordon, and other members of the public interested in today's Agenda items. The Work Session began at 2:20 P.M. SNOWMASS CLUB PUD, PHASE II DISCUSSION The Community Development Director introduced Larry Green as the new Wildlife Specialist and gave a brief description of his background and qualifications. Wahlstrom discussed the Golf course and outlined Brush Creek Road improvements which could be used as a potential secondary vehicular and i&*1 410 12-11-00ws Page 2 emergency access. Sanzone presented three optional emergency vehicle accesses and explained the alignments. Schuster recommended an alternate vehicle access off Brush Creek Road. The Public Works Director explained that current traffic levels do not indicate the need for a roundabout, although if future traffic levels cause left-hand turns to be problematic, a roundabout should be considered. Manchester requested that the applicant provide a parking and traffic analysis for the area proposed for alternate access off Brush Creek Road as a part of Preliminary Review and include current traffic generation counts. Hatfield reported a concern from the Manager of the Water and Sanitation District regarding the costs associated with changing the name of Fairway Road, as it would impact an address change on all of the District's letterhead, envelopes and forms. Schuster addressed this concern and explained that he is waiting for a response from the District Manager based on discussions at the most recent Water and Sanitation Board meeting. Council requested that staff continue working on the sign for the new name for the road and that staff work with the Trails Committee on issues related to the proposed trail extension and return to Council with functional solutions to problematic areas. Schuster explained proposed improvements to the golf course and Brush Creek, including maintenance issues, rerouting water flow, and how this will affect the irrigation system at certain areas on the golf course. He also discussed proposed changes to enhance the existing wetlands area and replace the existing wetlands in another area on the golf course, creating an aquatic habitat pond environment. Council discussed architecture and Landscape Plan design at the existing Club House and parking structure. Manchester requested that the building section proposed to include a flat roof be lowered to create the appearance of two- buildings and that the applicant address the overall height of the building. LAND USE CODE DISCUSSION Conrad discussed amendments to the Land Use Code as requested previously by Council and requested further direction from Council to allow staff to return at the next meeting with the proposed Code amendments in ordinance form. Conrad discussed the addition of C-AEU, Community Need Accessory Employee Units as a new type of employee unit that would permit caretaker units in residences that already exceed the maximum size limit for their lot. Council directed Conrad to incorporate these provisions into the AEU accessory employee unit section rather than to create the new C-AEU classification. do 12-11-00ws Page 3 Conrad will make the necessary changes and return on December 18th with amended language. Hatfield requested that Review Standard No. 6 include language to address neighborhood traffic impacts. WORK SESSION WITH ASPEN SKIING COMPANY AND PARK CITY PRESENTATION Bill Kane of Aspen Skiing Company, discussed issues relating to construction of the Base area including the Snowmass Village customer, industry numbers for the current bed base, and how resort communities work together regarding financial and planning infrastructure. Sale suggested resort areas that would be beneficial for Council to tour and requested that the tour attendees be made up of representatives of the Snowmass Club, Town Council, Planning Commission and Aspen Skiing Company. Kane explained that Aspen Skiing Company has hired a consultant, due to begin work in February, to assist with identifying possible financing mechanisms. Manchester requested that lifts and transportation issues be discussed prior to the month of March, 2001. Manchester requested a tentative meeting for resort discussions with Aspen Skiing Company in January, 2001. Tour travel dates and arrangements will be finalized at the Town Council Retreat scheduled for December 13, 2000. . Manchester reported on the recent Colorado Association of Ski Towns (CAST) meeting and provided a brief presentation of the Park City tour. The tour provided Council the opportunity to view open courtyard spaces, height of buildings relative to how much space is between buildings, outdoor character, architecture relative to the mountains, products of ownership, lock-offs and observed occupancy and rental opportunities. BRUSH CREEK/HIGHLINE ROAD INTERSECTION DESIGN The Public Works Director explained that Council previously requested that staff produce a conceptual design for this intersection, which was a project that was anticipated for 1994 as a result of development in the East Village and Two Creeks. According to Ordinance Nos. 6 and 9, Series of 1994, $350,000 from the Snowmass Land Company and $200,000 from Aspen Skiing Company was set aside for this project. Since that time some of that money has been used by the Town to purchase land adjacent to that intersection. The balance after the land purchase is approximately $745,686. The Public Works Director and Town Engineer presented design alternatives with a recommendation for Alternative "A" and requested direction from Council to proceed. Council stated concerns regarding vehicle turning movements at the intersection and requested that the Town Engineer investigate the issues and provide Council with a more firm estimate of costs associated with the 12-11-00ws Page 4 improvement. In addition, Manchester requested that staff investigate how the improvements will interface with preliminary designs for Seven Star Ranch access and egress and provide that information to Council at the December 20, 2000 meeting at which time transportation issues will be further discussed. Manchester also requested that staff investigate impacts of a roundabout the neighboring property owners. The Work Session ended at 7:15 p.m. Submitted By: Donna J. Garcia, Secretary/Records Clerk m3 SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION SUMMARY 12-18-00 COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Jack Hatfield, Arnold Mordkin, Richard Virtue and Council Member Elect Bob Purvis. STAFF PRESENT: Gary Suiter, Town Manager; Joe Coffey, Housing Manager; Steve Connor, Town Attorney; Jim Wahlstrom, Senior Planner; Craig Thompson, Community Development Director; Robert Voigt, Senior Planner; Chris Conrad, Planning Director; Carey Shanks, Assistant to the Town Manager; Trudi Worline, Town Clerk and Donna J. Garcia, Secretary/Records Clerk PUBLIC PRESENT: Don Schuster, Bill Kane, Gideon Coffman, Madeleine Osberger, and other member of the public interested in today's Agenda items. The Work Session began at 2:15 P.M. Land Use Code Discussion The Planning Director stated that staff would like to conclude discussion regarding amendments to the Land Use Code regarding the 30-percent slope construction provisions, a 1-year re-application restriction, a limitation for total garage floor area, and amendments to the Accessory Unit provisions, including the creation of a Community Need Accessory Employee Unit (CAEU). He explained that the Planning Commission has requested Council to consider a means to allow construction of one accessory caretaker unit in a duplex structure. Hatfield stated opposition to this request due to existing problems in areas where duplex structures are located. Manchester requested that the language be clarified. Council discussed the appropriate allowable size for a caretaker unit. Conrad explained that any applications that exceed 750 sq. ft. in size would require special review. He informed Council that the limitation, which stated that a single-family detached dwelling could contain only one kitchen, was omitted from the Code language and requested inclusion of this restriction. Council 0300 12-18-00ws Page 2 requested language to clarify that an Accessory Employee Unit (AEU) must be deed-restricted and rented to an employee for at least 6-months of the year. Council determined that if an Accessory Caretaker Unit (ACU) is within the FAR or within the FAR that an applicant can purchase through the Excise Tax, no additional limitations should apply. Council also determined that the definition of employee should remain identified as a Snowmass Village employee. Discussion was held to determine if a caretaker, living in a caretaker unit, would be considered a full-time Snowmass Village employee. Council reviewed the language, requesting various necessary changes and determined that the allowable floor area for an ACU remain at 350 to 750 sq. ft. Council majority agreed that AEU allowable square footage remain at 350 to 1000 square feet, be rented to a Snowmass Village employee and that 113 of the unit must be a part of the existing home. Council determined the perimeters when an application for increased floor area triggers a special review rather than administrative review, and requested that the definition of an AEU employee and an AEU kitchen be included in the AEU section of the Code. Council further determined that construction of an AEU be considered in areas where it would not substantially change the character of the neighborhood. The Town Attorney will revise the language as directed by Council at this Work Session for Council review and consideration at the first Council Meeting in January, 2001. At that time, Council will determine the need for further review by the Planning Commission. A Resolution of approval was scheduled for January 15, 2001. Council determined that discussions regarding construction on 30- percent slopes would occur at a future Work Session. Election Issues In light of the nation-wide problems which surfaced during the November 7, 2000 Election with the punch-ballot voting systems, which is the same system also used by the Town of Snowmass Village, Council discussed this and other issues related to the election process. Council considered complaints from the voters in respect to the need to obtain and vote two separate ballots when the Town conducts an election separate from Pitkin County's election. Manchester stated a desire to have additional time between candidate declarations and the election date. Council also agreed that the Town should purchase new election equipment. so-37100 12-18-00ws Page 3 After discussing the issues, Council requested that the Clerk provide election calendar dates and deadlines required under both the Uniform Election Code and the Municipal Election Code, for Council to review and consider before the end of February, 2001. The Work Session ended at 3:40 P.M. Submitted By: Donna J. Garcia, Secretary/Records Clerk OP3900 SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION SUMMARY 01-02-2001 The Work Session began at 2:13 p.m. COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester; Richard Virtue, Jack Hatfield, Arnold Mordkin, Douglas Mercatoris Council Member Apointee Robert Purvis STAFF PRESENT: Gary Suiter, Town Manager; Carey Shanks, Assistant to the Town Manager; Craig Thompson, Community Development Director; Art Smith, Chief of Police; Hunt Walker, Public Works Director; Steve Connor, Town Attorney; Joe Coffey, Housing Manager; Chris Conrad, Planning Director; Larry Green, Wildlife Official; Laurie Smith, Animal Control Officer; Rhonda Coxon, Deputy Town Clerk PUBLIC PRESENT: Mark Stout, Bob Fridstein, Bill Boineau, Judy Clauson, June Breen Gordon, Linda Sandels, Gracie Oliphant, John Dresser, Jeff Tippett, John Wilkenson, Kevin Wright, Deidre Boineau, Cheryl Morgan, David Bellack, Judge William Lippman, don Schuster, Bill Kane and other members of the public interested in today's Agenda items. Interview Applicants — Boards & Commissions Mayor Manchester explained that applicants who were not able to attend this Work Session would be interviewed individually at a later date. He reported that there were eight vacancies and seven applicants for the Arts Advisory Board (AAB), six of which were incumbents. The Deputy Town Clerk identified an error and clarified that all applicants were incumbents. The Town Manager explained that the Municipal Code was recently amended to increase the number of members permitted on the Arts Advisory Board from 12 to 15 and eliminated the Town Council Ex-Officio Member. Council interviewed applicants for the AAB which were in attendance. Council interviewed Jim Gustafson, one of three incumbent applicants for three Mal goo 01-02-01ws, Page 2 vacancies on the Board of Appeals and Examiners. Jim Gustafson reported on the process and actions of the Board. Council interviewed applicants in attendance for the Liquor Licensing Authority. Mayor Manchester reported that the Town received four applications for three vacancies, two of which were incumbents. Mordkin stepped down from the Council table, stating that he currently has a pending application before the Liquor Licensing Board. Mercatoris disclosed that he holds a local Liquor License but did not feel this to be a conflict of interest. Council voted by secret ballot. Manchester stated that the final vote would be formalized during the Regular Town Council Meeting immediately following this Work Session. Mayor Manchester explained that there were 5 vacancies and no applicants to fill the vacancies on the Financial Advisory Board (FAB). Council discussed a means to generate more public interest in this Board and requested that staff meet with the previous Boardmembers to determine if FAB duties could be restructured to create more of a challenge and enhanced community contribution for the members. Mayor Manchester reported that Council received five applications to fill four vacancies on the Planning Commission. Council interviewed the applicants that were present at the Meeting. The applicants included one incumbent, George Huggins. Mercatoris requested that the Planning Commission members attend the upcoming Future Planning meetings as well as the upcoming Council resort tours. Council voted by secret ballot for two Planning Commission Members and determined that the two applicants who were not selected in the vote would serve as Alternates. Manchester stated that the vote would be formalized in Resolution form at the Town Council Meeting immediately following this Work Session. Parcel "F" Discussion The Community Development Director explained that Parcel "F", included in the East Village PUD, is currently being used by the public to park their cars and access the Tom Blake Trail. He further explained that the Parcel is currently zoned as Conservation Easement property, which does not allow a parking lot. He suggested the zoning be changed from "Conservation Easement" to "Public" in order to allow the general public to park at this location. The Wildlife Specialist explained that the parking has not created a significant impact, although stated his concern of cumulative impacts and indicated his preference that parking not be allowed in this area. The Landscape Architect stated the need for a parking lot in this area from a trails-planning standpoint and discussed optional locations to construct a parking lot near the Tom Blake Trail. After further discussion, Council directed staff to investigate and identify an area near this location to construct a parking J1D OM 01-02-01ws, Page 3 lot which would not be in conflict with the Conservation Easement or wildlife restrictions in the area. Council also requested that staff plant additional bushes and trees in the open area near the Two Creeks Parking Lot. Council requested that the Trails Map clarify the Tom Blake Trail closure dates and closure locations. Trail Closure Discussion The Community Development Director explained that Council previously requested a discussion regarding trail closure dates. He referred to recommendations made by the Trails Committee, Pitkin County Wildlife Officer, U.S. Forest Service representative and staff, which were included in the information provided to Council for this Work Session. He explained that if Council concurs with the recommendations, an Ordinance would be provided to Council in the near future to review and approve the new trail closure dates as an amendment to Chapter 10 of the Municipal Code. John Wilkenson, of the Trails Committee, explained that the Rim Trail is in an area highly used by elk for calving and transition, and the current trail closure dates came highly recommended by the Division of Wildlife. Kevin Wright of the Department of Wildlife (DOW), explained that all trails make an impact on all wildlife. Larry Green, Wildlife Official, stated that the former Wildlife Official has voiced that she is opposed to any change in trail closure dates. Wilkenson requested that the Town increase enforcement of the Government Trail closure dates during elk calving season and create a more aggressive campaign to educate the public. After further discussion, Council directed staff to improve the signage and install gates at points on the trails where trail closures begin and end, create a flyer to be distributed at bike shops and other appropriate locations. Council requested that the Trails Map clarify the sections of trails that will be closed and dates of closure. Council directed staff to contact Pitkin County and request their cooperation to install a gate at the point of closure on the County side of Government Trail. Council also directed staff to prepare an Ordinance stating the new recommended trail closure dates to be reviewed by Council in the near future. Parcel "N" Owners Discussion This item was not discussed during this Work Session. The Work Session ended at 4:35 p.m. Submitted By, Trudi Worline, Town Clerk �lda SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION SUMMARY 01-15-01 COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester; Jack Hatfield; Douglas Mercatoris, Richard Virtue, Arnold Mordkin, and Council Member Appointee Bob Purvis COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Gary Suiter, Town Manager; Chris Conrad, Planning Director; Steve Connor, Town Attorney; Carey Shanks, Assistant to the Town Manager; Robert Voigt, Senior Planner; Jim Wahlstrom, Senior Planner; Bernadette Barthelenghi, Landscape Architect; Hunt Walker, Public Works Director; and Donna J. Garcia, Secretary/Records Clerk PUBLIC PRESENT: Madeleine Osberger, Bill Kane, David Belleck, Gert VanMoorsel, and other members of the public interested in today's Agenda items. The Work Session began at 2:10 p.m. LAND USE CODE DISCUSSION Manchester announced that according to Grassroots Television an AT & T fiber optics prevented the live taping of today's meeting, but will air tomorrow for the viewing public. Conrad explained the Unit Equivalency Charyts on pages 6 and 7 and made references to the Aspenwood as an example for future buildout on the Buildout Analysis Chart and explained that it will be helpful in the redevelopment process of Base Village. He recommended that the way maximum buildout is determined for new development on undeveloped land be simplified; that the adjustments to column C be brought to 10 percent; the Unit Equivalency Chart be applied to remaining units for parcels that already have development on them; and that staff simplify the language, which will hopefully provide what Council is trying to achieve. He further recommended that a Work Session be set to discuss specifics in defining a course of action to take to the Planning Commission. 4a` 01-15-01ws, Page 2 Attorney's presence at the next Work Session to provide legal counsel on Code revisions. FORWARD PLAN Suiter explained that today's presentation is an example of the process planned for a Village Leadership Forum (VLF) meeting scheduled for January 17, 2001. He further explained that the objective for this discussion is for Council to review the materials for the VLF process and provide staff direction. Purvis commented that 17 members of the community have expressed an interest and have agreed to take part in meetings. He provided an outline of questions the group will attempt to answer. He stated that the group will establish the goal of a shared vision, develop a mission, reach an agreement on what must be accomplished, how to reach those accomplishments in order to be the leader in creating the excitement, challenge, learning reflection and togetherness for all as part of the Aspen/Snowmass Village experience. Bill Kane, of the Aspen Skiing Company (ASC), expressed that he felt encouraged by the invitation to participate and agreed that it is a meaningful project. Council stated their approval of the presentation and stated their appreciation, commending all participants involved. RESOLUTION NO. 06, SERIES OF 2001 — SNOWMASS CLUB PUD, PHASE II DISCUSSION Wahlstrom explained revisions made to the Resolution as requested by Council at the January 8, 2001 Council Work Session. Council reviewed the draft Resolution and requested changes regarding the conditions under which the softball field would be conveyed to the Town, community benefits, upgrades to the golf course and Brush Creek, and deed restriction of the Employee Housing. Wahlstrom explained that the Employee Housing construction was determined to be a mitigation requirement and language referring to the issue is included in the Resolution Conditions. In response to an inquiry made by Hatfield, an ASC representative explained that the applicant created a means to screen the Employee Housing building constructed during Phase I, by planting 30-percent more trees than the original plan required. Council discussed completion dates for the Clubhouse and residential units and requested necessary changes to the Resolution. Mayor Manchester stated that more extensive information would be provided by the applicant during Preliminary Review of this application. The Work Session ended at 6:25 p.m. Submitted by: Donna J. Garcia, Secretary/Records Clerk - c13 - VILLAGE LEADERSHIP FORUM ANDERSON RANCH WORK SESSION SUMMARY 01-17-01 COUNCIL MEMBERS PRESENT: T. Michael Manchester, Douglas Mercatoris, Arnie Mordkin, Dick Virtue and Robert Purvis INVITEES PRESENT: Aspen Skiing Company: Bill Kane, John Norton, Pat O'Donnell, Don Schuster. SVRA: Jim France, Brett Huske, Mary Harris. Aspen Board of Realtors: Maureen Stapleton. Citizens for Snowmass: Greg Rulon. New Perspective: Derek Johnson. Anderson Ranch: Jim Baker MEMBERS OF THE PUBLIC: Bob Fridstein and Ben Vanderwerf STAFF PRESENT: Gary Suiter, Carey Shanks and Robert Voigt The meeting started at about 3:10 P.M. Gary Suiter welcomed the group. Bob Purvis then made a slide presentation. He briefly reviewed the December Town Council retreat and led the group through various exercises answering some of the following questions: • What do we stand for? • What do we do? • What do we create and/or produce? • For whom do we do what we do? • Against whom must we compete to win? • With whom must we partner to win? • How do we wish to be perceived by`others"? • Where do we do this? The group provided words answering the questions"What do we stand for'and "How do we wish to be perceived by others"? The group offered that we stand for renewal of mind, body, and spirit as well as stewardship of the environment, economy, and society. The group suggested that we wish to be perceived as fun, friendly, family, and distinctive. may_ VLF Page 2 of 2 1-17-01 The group decided they want to continue with this forum. They also suggested other parties that might be included such as ACRA, second homeowners, and the Youth perspective. The group generally agreed that we should investigate involvement of a broader base of the community. The meeting ended at approximately 5:15 p.m. /djg P/shared/cluk/minutes/01-17-01 m ys - SNOWMASS VILLAGE RESORT DISCUSSIONS SUMMARY 01-18-01 COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Arnold Mordkin, Richard Virtue, and Robert Purvis STAFF PRESENT: Gary Suiter, Robert Voigt, Jim Wahlstrom and Carey Shanks PUBLIC PRESENT: Bill Kane, John Norton, Don Schuster, Dave Belleck, Victor Gerdin, Gert VanMoosel, John Sales, Chris Kiley, Doug Mackenzie, and Becky Duckworth. Approximately 35 unidentified members of the public were also present. Bill Kane gave an overview of the agenda as follows: • Evolution of the public bed base; • Demographics of the Snowmass Village visitor; • A slide show of other ski areas. Bill Kane outlined a proposed draft agenda for upcoming meetings. John Norton discussed the evolution of the public bed base, which included surveys, occupancy statistics, customer profiles and bed base numbers representing the Snowmass Village customer and a comparison to other resorts. He then provided a profile of the Snowmass visitor. He explained several customer surveys. This, provided information on expenditure patterns, activities, personal profiles, and income characteristics. Also covered were perceptions of lodging quality, service quality, and value. Bill Kane and Don Schuster then presented a lengthy slide show of other resorts including: Cooper Mountain; Winter Park; Keystone; Telluride; Mountain Village; Mont Tremblant; Bachelor Gulch; Deer Valley; Park City; Whistler; and Sun Valley. Topics included architecture, mass and scale of Base area buildings, Kids Center programs, lodging properties, pricing schemes, and retail concepts. There was a brief discussion following the presentation. The February resort tour planned for Town Council and Planning Commission was briefly explained. There was a short discussion on lodging product. The meeting ended at approximately 8:15 P.M. Submitted By, Gary Suiter, Town Manager 140- TOWN COUNCIL COMMUNIQUE Meeting Date: February 5, 2001 Presented By: Craig Thompson, Community Development Director Subject: 2nd reading of Ordinance 2, Series of 2001: Amending Chapter 10 of the Municipal Code regarding Trail Closures Dates as follows: Powerline Trail: Open in spring provided TOSV installs two gates (Government Trail East and Powerline; Powerline and spur to Sequel Trail). Tom Blake, Anerobic Nightmare, Sequel, and Powerline: Remove fall closure dates (currently October 30 to November 30). Gate to be installed at the junction of Tom Blake trail and Stark's trail for spring closure of Tom Blake trail (April 25 to June 20). Rim Trail North: October 30 to June 20(currently September 15 to June 20). Overview: As a result of the discussion which took place at 1 reading of Ordinance 02 at the January 15, 2001 Council meeting, Staff met with a group of wildlife biologists on January 23, 2001 with the purpose of discussing the proposed removal of trail closure dates from a wildlife biology and ecology standpoint. The group consisted of Larry Green, TOSV Wildlife Specialist; Kevin Wright, DOW; Dan Baharav; and Craig Thompson serving as meeting facilitator. Jonathan Lowsky, Pitkin County Wildlife Biologist was unable to attend however Jonathan did provide staff with a letter outlining his findings and opinion. This letter is attached as Exhibit B. The findings of this meeting can be summarized as follows: Dan Baharav: There is a biological justification for maintaining the fall trail closure dates. Flexible closure dates should be implemented. Larry Green: There is no biological justification for maintaining the fall trail closure dates. Flexible closure dates would be inappropriate and difficult to manage. Kevin Wright: There is no biological justification for maintaining the fall trail closure dates. Flexible closure dates would be inappropriate and difficult to manage. oo,'17 Since the group could not reach consensus, a compromise was put forward for discussion. This compromise consists of removing the trail closure dates as specified in Ordinance 02, series of 2001 with the following condition. That staff establish a working group to study the feasibility of continued wildlife monitoring in the area around the East Village trails. The group would specifically look at costs, research design, and effectiveness. All three wildlife biologists indicated support for this compromise. In addition, Jonathan Lowsky indicates his support for continued monitoring in his January 23 letter(Exhibit B). In regard to Ordinance 6-94 including the Two Creek/Pines Wildlife Enhancement and Management Plan (WEMP), Staff has consulted with the Town Attorney and concludes that nothing contained in Ordinance 6-94 including the WEMP would preclude the Town Council from adopting Ordinance 02, Series of 2001 and establishing trail closure dates. Therefore, there is no conflict between the proposed Ordinance 02, Series of 2001 and Ordinance 6-94 including the WEMP. Lastly, Staff has included in the packet a memo from Larry Green, Wildlife Specialist(Exhibit A); a letter Chris LaCroix (Exhibit C); the recommendation in support of Ordinance 02, Series of 2001 from the Trails Committee (Exhibit D); a letter from.Dan Baharav (Exhibit E); a letter from Dawn Keating and Jim Wells (Exhibit F); a letter from John Wilkinson(Exhibit G); and a petition from Myers & Company,Basalt, Co (Exhibit H). Recommendation: Staff has conducted an extensive literature review, analysis of existing data, and met with the various interested parties both opposed to Ordinance 02 and in support of Ordinance 02. Based on the biological review and recommendations from Larry Green, Wildlife Specialist; Jonathan Lowsky, Pitkin County Wildlife Biologist; Kevin Wright, DOW as well as the recommendation from the Trails Committee, Staff recommends second reading approval of Ordinance 02, Series of 2001 with the following condition. Council direct staff to organize a working group to study the feasibility of continued wildlife monitoring in the area in and around the East Village trails (Tom Blake, Anaerobic Nightmare, Sequel and Powerline) and subsequently report back to Council with their recommendation. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 2 SERIES OF 2001 AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF SECTION 10-29 OF THE MUNICIPAL CODE CONCERNING SEASONAL TRAIL CLOSURES. WHEREAS, the Town Council received a recommendation from the Trails Committee and the Community Development Department that the existing trail closure dates be modified as stated in this Ordinance; and WHEREAS, the Town Council heard the recommendations of the Division of Wildlife,the Town Wildlife Specialist, Community Development Department and the Trails Committee at a work session occurring on January 2, 2001; and WHEREAS, the Town Council received comment from the public on January 15, 2001; and WHEREAS, the Town Council considered the recommendations of the Division of Wildlife,the Town Wildlife Specialist, Community Development Department and the Trails Committee and comment from the public; and WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: 1. Section 10-29 Amendment and Restatement. Section 10-29 Seasonal Trail Closures is amended and restated as follows: Sec. 10-29. Seasonal trail closures. It shall be unlawful for any person to use by any means the following trails during wildlife sensitive periods, as follows: Trail Name Dates Closed Anaerobic Nightmare Trail April 25th to June 20th Government Trail east of Elk Camp Work Road May 15th to June 20th Rim Trail northeast of Sinclair Road October 30th to June 20th Sequel Trail April 25th to June 20th 4w-waso Ordinance No. 2, Series of 2001 Page 2 Trail Name Dates Closed Tom Blake Trail April 25th to June 20th Violation of the provisions of this Section shall be punishable by a fine of fifty dollars ($50.00). Payment of the fine within ten (10) days of the date of the citation shall avoid the necessity of appearing in Municipal Court, however a Municipal Court appearance is required for a second or greater offense. 2. Severabilitv. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on First Reading on January 15, 2001 upon a motion by Council Member Mordkin,the second of Council Member Virtue, and upon a vote of 5 in favor and 0 against. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on Second Reading on February 5, 2001 upon a motion by Council Member ,the second of Council Member and upon a vote of in favor and _against. TOWN OF SNOWMASS VILLAGE T. Michael Manchester, Mayor ATTEST: Trudi Worline, Town Clerk A EXHIBIT A MEMORANDUM DATE: January 31, 2001 TO: Craig Thompson FROM: Larry Green, TOSV Wildlife Specialist RE: Biological Evaluation of Removal of Fall Trail Closure Dates In attempting to resolve the issue of removal of fall trail closure dates on Tom Blake, Anaerobic Nightmare, Powerline and Sequel Trails, I attended a January meeting with Jim Wells, Dawn Keating, Dee Belina, Janice Huggins and Craig Thompson concerning biological, emotional and legal issues. I also attended a January meeting with Dan Baharav, Kevin Wright and Craig Thompson to discuss biology concerning the trail closures. At the urging of meeting participants, I intensively reviewed Dan Baharav's monitoring reports since he has the most information available about the effected area. Secondly, I extracted every record of elk monitoring from four years (1996 through 1999) of East Village and Snowmass Ski Area monitoring. I mapped each of the 176 elk monitoring records according to their locations during trail openings and closings. Next, I reviewed scientific literature to determine if other studies addressed fall trall closures or pertinent activity. Lastly, I asked several biologists and researchers at a recent meeting of The Wildlife Society If they had any knowledge of fall trail closures being used to protect wildlife. The discussions of my findings are as follows: 1. ELK LOCATION DURING NO HUMAN ACTIVITY RESTRICTIONS PERIOD OF 6/20 TO 10/30 Baharav's statement from 1998 Two Creeks and Pines Monitoring Report - 'The elk were using the aspen vegetation type in the vicinity of the southeast area of the Pines, especially during the summer. All of this was happening while construction at the south portion of the Pines and Two Creeks was intense." Page 7. Similar statements were made in the 1997, page 7 and 1999, page 7 monitoring reports. Baharav's statement from 1997 Snowmass Ski Area Monitoring Report - "A group of 20-40 elk was seen regularly within the West Willow Creek Saddle during the summer months. Another group of 55-65 elk was seen regularly north and south of the Government Trail in the vicinity of White Lakes. Page 4. Similar statements were made in the 1998, page 4 and 1999, page 4. Mapping - Baharav's elk monitoring shows that he regularly monitored elk on the south border of Two Creeks and Pines in the vicinity of Government, Tom Blake, Anaerobic Nightmare and less so on Sequel and Powerline Trails during the summer open period. BSI 400 Scientific Literature Review - Boyle and Samson (1985) did a literature review of the effects of nonconsumptive recreation on wildlife. Boyle and Samson write, "Inadvertent disturbance of large mammals by hikers can result in displacement of animals from trails, although disturbance usually has a negligible influence on large mammals distribution and movements (Chester 1976, Hicks and Elder 1979, Aune 1981)." In a 1998 study done at Beaver Creek by Dr. Greg Phillips, he quantitatively showed that elk constantly contacted off the trails during calving season had fewer calves than those not contacted. Phillips writes, "Off-trail recreation on the Beaver Creek study area during calving season appeared to be minimal.... I never encountered people off established trails during calving season and believe that such occurrences were uncommon for all crew members. 2. LOCATION OF ELK DURING HUMAN ACTIVITY RESTRICTION PERIOD OF 10/30 TO 11/30 Baharav's statement in the 1998 Snowmass Ski Area Monitoring Report - " The elk moved down the SSA according to snow accumulations." Page 4. " Similar to 1997, human recreational use of SSA was extensive immediately following snowmelt and peaked during mid-summer." Page 8. Mapping - Baharav's monitoring shows that he observed 5 groups of elk in four years during the trail closure period that weren't on private property and could be Impacted by fall trail closure dates. Of the five remaining groups left one was observed in 1997, two were observed in 1998 and two were observed in 1999. The last of these five monitored groups occurred on November 11, 1999 and the highest group monitored occurred at 8,900 feet on November 9, 1999. As many people remember, 1999 was one of the warmest and driest falls recorded, supporting Baharav's writings that elk are moving down with the snow. 3. LACK OF SUPPORT FOR FALL TRAIL CLOSURES BY LITERATURE AND BIOLOGISTS The Montana chapter of The Wildlife Society reviewed over 1,300 scientific studies from all over the United States on impacts of recreational use to wildlife. None were found that recommended fall trail closures as a guideline for protecting wildlife. Miller (1994) in a Boulder study recommended seasonal closures during sensitive time periods, however Boulder only closes their trails in the spring. I questioned several wildlife researchers and biologists at a recent meeting of the Colorado chapter of The Wildlife Society meeting and none were aware of any fall trail closures being used to protect wildlife. In conclusion, Baharav's monitoring reports conclusively show that elk are near Tom Blake, Anaerobic Nightmare, and Sequel Trails while the trails are open, recreational activity is peaking and construction is intense. These data support other scientific studies that show large mammals habituate to regular and anticipated activities. Baharav's monitoring shows that most of the elk that could be impacted during the trail closure dates are on private property by An"SX ..r October 30. A review of the scientific literature is mute concerning use of fall trail closures to protect wildlife. Therefore, I support the removal of the fall trail closure dates on Tom Blake, Anaerobic Nightmare, Powerline and Sequel Trails and the shortening of the fall trail closure on Rim Trail. I also support the opening of Powerline Trail in the spring. EXHIBIT B PITKIN COUNTY WILDLIFE MANAGEMENT January 23,2001 Larry Green Wildlife Specialist Town of Snowmass Village PO Box 5010 Snowmass Village, CO Dear Mr. Green: As per your request I am writing to express why I believe that lifting the fall closure on the Tom Blake Trail will not have tremendous impact on elk. In the recent past, the area surrounding the Ton. Blake Trail was very important wildlife habitat dominated by mature aspen with a structurally diverse understory consisting of a wide array of grass, forb,and shrub species. This area provided migration habitat for elk migrating from the Willow Creek drainage through the Sugar Bowls (aka Buttermilk Bowls) and on to 7 Star, Droste, and eventually Wildcat or Williams Hilll and back again in the spring. In late May and early June, a large number of cow elk used the same aspen dominated habitat in the vicinity of the Tom Blake Trail to drop their calves2,3. That is, until construction began on Two Creeks and The Pines. Once heavy equipment and constant human activity moved in, the most of the elk that used the west side of Sinclair Divide for calving and migration shifted back to the east (Hines and Guber primarily) for these activities. Some elk continue to migrate on the west side of the divide and it is possible that a taw cows with strong location affinity still drop their calves on the west side as well. The aspen dominated habitat type described above is considered to be one of the most biologically diverse habitat types in the southern Rocky Mountains providing habitat for many different species of rodents and insectivores, songbirds, raptors. carnivores, as well as mule deer and elk. Additionally, the area between West Buttermilk and Burnt Mountain has been identified as one of the most (if not the most) important calving areas and migration habitats for the Maroon Bells-Snowmass (MB-S) elk herd. As much as 30 percent of the MB-S elk herd's calving occurs in this areal. As I explained to the TOSV Council during the Nature Center hearings, wildlife activity and use of certain habitats. although seasonal, does not follow a calendar. Although wildlife populations are dynamic, some gross generalities can be made regarding elk use of the habitats in the vicinity of the Tom Blake Trail. In a typical year: l. The height of' spring elk migration is approximately between April 15th and May 31st. ' Randy Cote,Pers. Comm. Randy Cote,Pers. Comm. Gene Bvrne,Pers. Comm. Snowmass Ski area Final Environmental Impact Statement. 1994. U.S. Dept. of Agriculture Forest Service. .'S SERVICE CENTER RD • ASPEN, CO • $1611 PHONE. 91:.920.5195 • FAX: 970.920.5174 JONATHAN ITKI N.CO.US ,..V r -2- January 23, 2001 2. The height of the fall migration is approximately between October 15th and November 30th, 3. The height of calving season is approximately between May 15th and June 30th, 4. Most elk migratory movement occurs between dusk and dawn. Also, we can make some assumptions regarding human use of the area and elk responses to humans: I. Human activity on trails can reduce reproductive success and depress population growth5. 2. Elk can habituate to a certain level of human activity. Once the level of human use in an area passes a certain threshold, elk will abandon that area6. 3. Elk cows are more sensitive to disturbance by recreating humans during calving season than during any other period and are more likely to have a negative response to human activity than during other periods7. Given the above, it is my opinion that opening the Tom Blake Trail in the early fall, increasing enforcement, and adding a gate with educational information at the trail's confluence with the Government Trail will have modest impacts if any on elk using the habitat adjacent to the trail. In fact, allowing fall use of the Tom Blake Trail may decrease illegal use of the Government Trail, which passes through critical elk migration habitat with far less development related impacts. There is some disagreement in the community regarding the ecological costs of opening Tom Blake. 1 suggest that the trail should be opened in the fall for a 2 to 3 year trial period during which elk behavior and use of the area is monitored and compared with the data that has been collected over the past few years to evaluate impacts. If at the end of the trial period. it can be concluded that fall trail use has had significant negative impacts to elk, then the trail closure should be reinstated. Also, should Peter Guber build out his property, the trail closure should be reinstated. Pitkin County, Snowmass Village, and the CDOW should make concerted efforts to protect Peter Guber's and Peter Droste's properties from development. These lands are the most critical migration. calving, and winter habitats for the MB-S elk herd that remain endangered. I will be out of town from January 22 through January 31. Should you have any questions and desire clarification of any of the information above please let me know. Phillips, G. and A.W. Alldredge. 1999. Upper Eagle Valley Elk Study Final Report. Unpubl. N. Thompson Hobbs, CDOW Elk Researcher. 2001. Pers. Comm. Phillips,G. and A.W. Alldredge. 1999. Upper Eagle Valley Elk Study Final Report. Unpubl. _ss ON -3 - January 23, 2001 Thank you for the opportunity to participate in this process, Jonathan Lowsky Wildlife Biologist/Ecologist CC: Kevin Wright,CDOW Craig Thompson,TOSV Cindy Houben,Pitkin County ��r Chris LaCroix EXHIBIT C 225 Riverside Dr. Basalt, CO 81621 January 18, 2001 Town of Snowmass Village Council TOSV Planning Office (c/o Bernadette) RECEIVED P. O. Box 5010, Snowmass Village, Co. 81615 Zy ,IAN 1 9 2001 Re: Trail Closures Snowmass Village Ladies and Gentlemen: Community Development With respect and concern for the wildlife in Snowmass Village, I encourage the Town of Snowmass Village Council to consider the recommendations from the Trails Committee to enact the following changes for the trail closure dates. I support the decision of the Department of Wildlife, Pitkin County Biologist and Snowmass Wildlife Officer's concurrence of these changes: Government Trail May 15 to June 20 Anaerobic Nightmare Trail - April 25 to June 20 Sequel Trail - April 25 to June 20 Powerline Trail - Open in the spring provided TOSV installs a gate at the junction of the Government Trail East and Powerline and a gate at the junction of Powerline trail and the spur to Sequel trail. Tom Blake Trail - April 25 to June 20 (gate to be installed at the junction of Tom Blake trail and Stark's trail). Fall Closures Tom Blake, Sequel, Anaerobic Nightmare, and Powerline: remove fall closure dates (currently October 30 to November 30).. Rim Trail - October 30 to June 20 (currently September 15 to June 20). Si ee el Chris LaCroix 67.- EXHIBIT D Snowmass Village Trails Committee P.O. Box 5010 Snowmass Village, Colorado 81615 January 31, 2001 Snowmass Village Town Council P. O. Box 5010 Snowmass Village, Colorado 81615 Dear Gentlemen: On behalf of the Snowmass Village Trails Committee we recommend the second reading approval of Ordinance 01-02, Series of 2000. The Trails committee requests Town Council to enact the proposed changes from TOSV Wildlife Specialist, Pitkin County Wildlife Biologist and CDOW. All three professionals concur that closure dates have been established to protect wildlife during sensitive periods such as calving, production, migration, transitional, and winter range; therefore adoption of a less restrictive policy will have no significant impacts on wildlife. Respectiv ely, Snowmass Village Trails Committee ob S EXHIBIT E BAHARAV ENVIRONMENTAL CONSULTING 2370 Rd. 112 Dan Baharav, Ph.D. Carbondale, CO. 81623 Tel: 970-963-9659 To: The Snowmass Village Town Council From: Dan Baharav, Ph.D., BEC Date: January 31", 2001 Re: Fall Trail Closure Tom Blake Trail runs through the restricted Management Zone A, an ecological buffer area between Two Creeks and the Pines development area and USFS area(refer to: Two Creeks and the Pines WEMP, 1994). The idea behind Management Zone A was to lessen human activities within this dense forest, and to let wildlife there be undisturbed. Management Zone A is part of the Spring Creek drainage system. It was and still is a major route for the elk migrating down to the lower elevations in the fall. During the last five years of monitoring wildlife within this restricted area during the Fall and the Spring, it was observed and recorded that the elk used the Spring Creek habitat more often than before the restriction went into effect. And, indeed, the main goal for the implementation of the WEMP was exactly that: to enable elk to use the Spring Creek Drainage undisturbed. In addition, Spring Creek is favored by the elk since they can find good cover and protection from hunters and other human activities along the Government Trail to the south. Five years into the WEMP Plan a positive shift in elk area use is seen and this is exactly what the TOSV voted for and demanded in the Two Creeks and the Pine approval. With regards to the proposal to lift the closure of the Tom Blake Trail during the Fall, it is the opinion of the CDOW that elk, would not be disturbed because hunting activities are taking place in the area during the Fall anyway. However, as the monitoring data indicate, the Spring Creek drainage in Management Zone A is an excellent cover for elk during hunting season, and that cover mitigates the disturbance created by hunting. I therefore urge you, members of the Town Council, to continue the Trail closure in accordance with what you had approved under the WEMP goals years ago. This plan needs to be given a chance. It is too early to modify the WEMP in view of the success achieved in creating a protected area for the elk. At this point, there is no data from this area indicating that changes are warranted. Dan Baharav, Ph.D. Wildlife Ecologist Baharav Environmental Consulting, Carbondale, Colorado. 01- si r EXHIBIT F January 30, 2001 Snowmass Village Town Council P.O. Box 5010 Snowmass Village, Colorado 81615 Dear Council: We are writing in regards to the recent proposal to remove the fall trail closures in East Village. We do not support this action for a number of reasons that are discussed below. These trail closures are a part of a more comprehensive Wildlife Enhancement and Management Plan for the East Village PUD. This plan was approved in 1994 by the Town Council after considerable review by the Division of Wildlife, staff and the public. In addition to trail closures, the Plan also undertook many additional actions to mitigate the impacts of the East Village development. These included wetland restoration and enhancement, extensive planting and revegetation, erosion control, fence removal, homeowner education and wildlife monitoring. All of these actions were intended to ensure that wildlife would return to the area once construction was completed. We are encouraged by the monitoring data over the past five years that shows an increasing array of wildlife species using East Village. We are very concerned that removing the fall trail closures will undermine the recent success of the Plan. There is no site-specific data to support rescinding the fall closures, and in fact could have the opposite effect of reversing the strides that have been made to date. Further, as adjacent properties are developed, this area will become increasingly important for wildlife due to its protected openness and management that emphasizes wildlife. With the recent completion of construction activities in East Village, we feel it would premature at this time to change any component of the Plan before it has had the opportunity to achieve it's full goals and objectives. The Snowmass Land Company completed its obligation for implementing and monitoring the Plan in 2000. We believe it would be beneficial for the town to continue monitoring the effects of the Plan on wildlife prior to making any decisions to change its provisions. We urge to you to give the Plan the chance to fulfill its intended long-term benefits to wildlife. Sincerely, Jim Wells Dawn Keating r 6D d 2/1/01 EXHIBIT G To the Town Council: The council needs to consider approval of ordinance 01-02, series 2000 as presented and approved on first reading 01/15/2001. The resolution was arrived at during a meeting of the Trails Committee, Colorado Department of Wildlife officer Kevin Wright, and Pitkin County Wildlife Biologist Jonathon Lowsky. The purpose of our meeting was to discuss the rationale behind the original closure dates and request change of the closure dates where appropriate. Jonathon and Kevin recommended the dates that have been presented to the council. The Trails Committee had requested that the dates in the spring be changed but they were firm in maintaining the current dates. The opening up of the Powerline and Stark Trail in the spring allows for trail use on the extreme western edge of the Two Creeks area. Neither trails goes further than a couple hundred feet outside of the edge of Ridge Run subdivision. This will keep hikers and mountain bikers out of the elk calving areas. All participants in the meeting agreed to keep the spring closures in effect for the Rim Trail North as well as the Blake and Government trails. N We suggested flexible closing and opening dates depending upon d environmental factors similar to a program developed in Durango. The Durango trails group was able to establish a flexible closure date based on snowfall and elk movement. We suggested this option to Jonathon and Kevin. They both felt that the elk do not move from traditional calving grounds as a result of climatic conditions. This is why they are firm on the establishment of actual dates. As requested by the town Staff, the wildlife biologists' Larry Green, Jonathon, Kevin,and Dan Baharav met to discuss the closure dates. I requested that Dan provide the Trai Is Committee with documentation and/or research data regarding two issues: 1) Basis and justification of original closure dates; and . 2) Actual evidence that trails and trail usage by non-motorized users adversely affect wildlife. RECEIVED FEB 0 1 2001 1 �I Snowmass V81age �' Community Development — L- v-U. i .V L9PM iPSYCN P(,CN�:v, INL- •y,VSC Vrcw n ci . 7/1/01 To date, we have not been presented with this information. There has been scant research into the effects of trails, trail usage and wildlife. Several studies have taken place regarding songbirds and trails. One of the most cited studies is "Running Head: Recreational Trails and Bird Communities, Influence of Recreational Trails on Breeding Bird Communities" j by Scott G. Miller and Richard L. Knight from the Department of Fishery and Wildlife Biology, Colorado State University, Fort Collins Colorado. Their study concluded that "Species composition was altered due to the presence of trails in both (forest and miced gross prairie ecosystems) ecosystems. Generalist species were more abundant near trails while some species were displaced away from trails. Within the grassland ecosystem, birds were less likely to nest near trails. Within both ecosystems, rate of nest predation was greater near trails. Within the forest ecosystem, rate of nest parasitism was not influence by trails.."f However, the authors noted that: "Because our study area was situated within an urban/suburban matrix, our results were no doubt influenced by the surround landscape...Therefore, caution should be used when extrapolating results obtained in our study to landscapes lacking either f urban development intense recreational pressure, or both. For example, 4f Rocky Mountain National Park located only 40km from our study area receives similar recreational pressure, yet is almost an order of magnitude larger in size and is more removed from urban development. It is plausible that recreational trails in landscapes different than ours may not exert similar effects on bird communities.s2 As far as research on trails larger animals such as elk, there are few studies that cite actual conflicts. The Wildlife Management handbook, "Elk of North America", discusses wildlife and human impact. The guide states that: "Elk apparently may become conditioned to human activity if exposed for periods of time to a predictable disturbance that does not harm them. 'Running Head: Recreational Trails and Bird Communities,Influence of Recreational Trails on Breeding Bird Communities"by Scott G.Miller and Richard L.Knight from the Department of Fishery and wildlife Biology,Colorado State University,Fort Collins Colorado. 'Ibid. 2 2/1/01 j Hunted elk, on the other hand are extremely wary of people and sensitive to danger because of annual hunting seasons...a3 The establishment of the Government Trail in the 1960's and the Blake Trail in 1996 would constitute a predictable disturbance that does not harm elk. The handbook further states that: 'Studies in the Pole Mountain area of the Medicine Bow National Forest in south-central Wyoming provides some information on elk behavior...it was demonstrated that elk prefer to be at least # mile from people engaged in such activities as camping, fishing and picnicking...Moving automobiles and trail bikes had little effect on elk resting in timber at distances of more than .13 mile...Airplanes, even at low altitudes, were ignored by elk in timber, but all elk showed concern for audible gunshots and sonic booms"!l Further research with elk and cross-country skiers determined that non- habituated elk are not disturbed if they are between } and 1 mil distance from a trail.6 Since there are only two trails (Blake and Government) that traverse through this section, there are many places that are greater than this distance from the trails. It was also found that cross- country skiers did not influence the movement in elk in a study at Elk Island National Park in Alberta, Canada. 6 Other studies have shown the telemetered heart rate of elk in Wyoming indicated that they react most strongly to sonic booms,gunshots, and stopped occupied vehicles. They showed less concern for airplanes, steady traffic and abandoned vehicles. In areas where elk are able to hide or obtain cover, the distance of response is much less than in the open.? To date, three professional wildlife biologists agree that there are limited impacts to the elk in the fall. The Trails Committee has always been concerned with the wildlife issue. With these changes in closure dates, the "Elk of North America",Wildlife Management,Stackpole Books,Harrisburg,PA,p468 '"Elk of North America",Wildlife Management,Stackpole Books,Harrisburg,PA,p469 "Elk responses to Disturbance by Cross Country Skiers in Yellowstone National Park Cassierer,E.F., D.j.Freddy,and E.d>Ables,Wildlife Society Bulletin,(vol.20),p375.381, 1992 s"Influence of Nordic skiing on distribution of moose and elk in Elk Island National Park,Alberta", Ferguson,MA.D.,and R.Langvam,Canadian Field Naturalist(vol.96),p 69-78, 1985 r'Telemetered heart rate of three elk as effected by activity and human disturbance",Ward,A.L.,and J.J. Cupal,Symposium on dispersed recreation and Natural Resource Management,Utah State University,p47 —56. 1979 3 2- 1-0+ : 10:24AM;ASPCN AOENCV, INC. d%Ud2U4[ap s ai a 2/1/01 Rim Trail North is still closed for over 2/3rds of the year and the Blake and Government Trails remain closed during the spring calving time. I would like to respectfully request the council consider the ordinance as presented for approval. I believe that the opinions from the three professionally trained public wildlife officials, the town staff, the Snowmass j Trails Committee, and numerous residents and trail users merit a change in the closure dates. Sincerely, John Wilkinson P O Box 6001 Snowmass Village, Co. 81615 i 4 EXHIBIT H We the undersigned with respect and concern for the wildlife in Snowmass Village, encourage the Town of Snowmass Village Council to consider the recommendations from the Trails Committee to enact the following changes_ for the trail closure dates. We support the decision of the Department of Wildlife,Pitkin County Biologist and Snowmass Wildlife Officer's concurrence of these changes:. . Government Trail May 15 to June 20 Anaerobic Niehtmare Trail - April 25 to June 20 Sequel Trail - April 25 to June 20 Powerline Trail - Open in the spring provided TOSV installs a gate at the junction of the Government Trail East and Powerline and a gate at the junction of Powerline trail and the spur to Sequel trail. Tom Blake Trail - April 25 to June 20 (gate to be installed at the junction of Tom Blake trail and Stark's trail). Fall Closures Tom Blake. Sequel, Anaerobic Niehtmare. and Powerline: remove fall closure dates (currently October 30 to November 30). Rim Trail - October 30 to June 20 (currently September 15 to June 20 . Name Address Dat c"fvar r Info y.ow�,rs v^ rtA 'irvA E . • •n Ave- � tiori RECEIVED FEB.0, 1 2001 Snowmass VHlape Community Development sow wolm COUNCIL COMMUNIQUE MEETING DATE: February 5, 2001 BY: Gary Suiter, Town Manager STAFF: Steve Connor SUBJECT: Seven Star Ranch Final PUD Request for Extension OVERVIEW: This development review has been extended, at the applicant's request, to February 6, 2001, while negotiations for access continue. The attached letter from Gideon Kaufman states that significant progress has been made with the Owl Creek Homeowners' Association. Seven Star Ranch is requesting an extension to April 17, 2001. Please be reminded that this application is still being reviewed under the previous Land Use Code (Chapter 16, LUC), which requires a "request for extension" from the applicant. If Council does not act on the request for extension, then action on the application itself will be required at today's meeting. Under the current code, these "requests for extension" would not be required. Gideon Kaufman will be at the meeting to answer questions. STAFF RECOMMENDATION: Given recent progress on the access issue, staff recommends Council grant the requested extension, by motion, to April 17, 2001. Staff also recommends that Seven Star Ranch provide a written update to staff by April 1, 2001. Finally, we recommend that no further extensions be granted unless the applicant agrees to complete this review process under the provisions of Chapter 16A, the updated LUC. p:/shared/clerWmanager.xsMcmq.2001 / aim JAN. 29. 2001 5:07PM KAUFMAN & PETERSON NO. 5587 P. 2 BROOKE A.PETERSON LAV OFFICES OF T OIDtON I.KAUFMAN' KAUFMAN & PETERSON, P.C. TELEPHONE 66 OF COUNSEL' 4970)$15.[1 HAL S.DISHLER- 315 EAST HYMAN AVENUE,SUITE 30S FACSIMILE TERRI J.KAFRISSEN ASPEN,COLORADO 81611 (970)SIS•1090 UID IDMRTFD W W� = January 29, 2 0 01 LL 0 ADNMCD M To" Mr. Gary Suiter Mayor and Town Council Town of Snowmass Village P.O. Box 5050 Snowmass Village, Colorado 61615 Rea Extension Request for seven Star Dear Gary, Mayor, and Town Council Members: Please consider this letter a request on behalf of Seven Star Residential Partners, Ltd. , Snowmass Land Partners, Ltd. , and Snowmaes Partners, Ltd. (the owners of Seven Star Ranch) for an extension of the Seven Star Ranch Final PUD Applieatio>,�. We had hoped that we would not need an additional extension, �and that we would be able to make our final presentation on access and receive our final approval at the February 5, 2001 meeting. These delays have been and continue to be an economic burden on Seven Star, and therefore, it is Seven Star' s strong desire to get the approvals as expeditiously as possible. We have made major and significant progress with Owl Creek Ranch Homeowners, Association. The Board of the Owl Creek Ranch Homeowners, Association has, in fact, approved the Town' s preferred access . We have also had direct and positive conversations with the owners and representatives of Lots 9 and 10, and are in the process of negotiating with them for a final access easement. This is the most positive result we have had, and our hope is to finalize an arrangement with them soon, Therefore, we request that you grant an extension until April 17, 2001, to take an action on the Seven Star Ranch PUD Final Plat Application. After all the time, hard work, and expense we all have put into this project, and as close as we are �G7 JAN. 29. 2001 5:07PM KAUFMAN & PETERSON NO. 5589 P. 3 Mayor and Town Council January 29, 2001 Page 2 to securing final easements and approvals, fairness would dictate the grant of this extension so that we can finalize our easement with Owl Creek Ranch Homeowners' Association and Lots 9 and 10 . We look forward to discussing this matter with you at theTown Council meeting on Monday, February 5, 2001. Thank you for your help and consideration. Sincerely, KAU PrITERSON, P.C. A Pr fz sional Corporation 7. Sy ?' 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R� ' 4 III Bio-Water Assessment ■ Consultant compiling scientific data for a report. Bernadette Barthelenghi ■ Field info. Will be collected this month. 6i /,�y�/ s.ry x R .._. 4. �'tk�.!�ut n"1' •C{n 1 YS'�:.. Y [dl..��11C 3. F .R..Y.. Land Use Code Amendments ■ Other miscellaneous amendments to LUC (30% Chris Conrad Slope, Accessory Units) scheduled for First Reading 02-19-01. e t 4 M1 1 WJOv Y,•. ` "9 • .}E+��7�a� r °.�.��y�,d} [�y�.��01 7,;: , a .t�. y� jiy'ka� • 1} {fS17. .,•�'�'040,1 r� i�:�{�. i � i i I r / r r • r '••' • r r r r • r i •r rr r r r r r ;�Ae�i�i71�,�' , -0s4 # °� '`�', : .. •i>��li{��Y_�4; r' . r,r s.�:l , r �" ' l�i '' ' ¢" , �y y //yy (! IC^�.e��l{{ ��p +��{fF� l'1QM1??""� l+i�{ 1".(-/1 p��rl•1�.i`X`�fl ' ,�+ � �,: � �x+/„:e��i�-•� ' dixe'��/��S7r /1i/{�•irl�!irli�r�iK'i1/f Tm; ti'' , , ., r 3 ��Gj.�j�/i°C•iJ�'pC(iY;4l�l'�%.•n!'�l y�f%p)iF�;f�"%�rltiliC%i�tgd�•1s1'F3%N{.Ir.;.. d l ®� fr/*milra#zt? %i<t% rat � �:J;,�•rl r:r . xa' ,a�: y; a tis �.. r�+�rii(r{•s�+ i ., r •r Project / Manages U1)date �-�� i�T1 7�r)Fk���•��[�•�•TYa"��r���1•ir7f�e,� � 7pJ"0,�1 ln�f� '//fdY/•Y7 '�"a`,Al/I rl) � 1 '`' F-�%1 ..� ST � �'i'�` 1 '. r r r��7a.d cr 7r}++.} � lf.�l.l'fi t ' ,+��j"¢i7�'I�..1 t�4:%:Ili • : Y g�J!l��i/!I{�`Xl�{{ail i9 f'�'F4#1�:4 XJ.S!!�� x �'�W'r;�ff•7•li({�/•1•.T(�'.'S'1M�/Tjh {r(fa/�• %i<t�lrlrl'9t'a���,l�(. �y�i�.�ill�l:l�+ � ir�i^i61�i1°3iiY•l�'.+iL:j+!&•S�SeY«�life��a��l��ta�)ievi:t ' Minor Development Review Update ✓I7I!Project ' +1 ,±t¢. Snowmas C c Tare 4 F o w,a S.+ Woodrun Place, Unit 51 ■ Prepared Planning Commission resolution for denial. Awaiting applicant's decision on how they want to proceed. Administration Modification, SUP, TUP, Variance Project vtu N6 +:i' ID q, is kNtBt Adm n s"tptticatipits ,; Snob�1as ` !&I anUattos4 { loy�e 't' ' ,�A,�xis Housrng, Horse Ranch, Lot 28 ■ Setback encroachment. r L Ot 6 k a�w.�k, f �� 't t �. r• r r xct � +� " �i5,t "r�?S Special Review/Minor PUD ■ Sprint/Silvertree cell site, Town Council mtg. 02/05, Amendment 02/19. �5wi ti' j*S1sS "�k7:. '"£��Pr%,` �c. d�j4' �,�i`i;' .t�� �E§'�:.J�f�e�. ,�s✓`�,�"� t "�+ dr Ridge Run I, Lot 69 ■ Variance, Planning Commission mtg. 03-07-01. ✓hak.Y 3'k ' raircyi 4'a k ,'` a¢., i * " SY f"J"§ 1'mes t4 �re '"*111,111 �anance, amend Angina alp val aI ' atudig� s , t p . t 4 d, -t i N'.:>al'�P ♦ ,, zi ��ada ' � .r COInJrthS�1Dtg Pending Update Project Manager Update �nowmas ea sate x ans o ■ `fnt$rl P.�i a mJsrs r" eve od �tw fon, ` h A.(- 6 Enforcement Update Project Manager Updatey r a > .,• ,t 3 1 luat���a nst ctmprt f , ;. e 40t p pns ap i � eL L rf i YL tai t '''i r Y d Come}ed p4to&raphip�the a sLiot� si�nage Ott +ia � a 1k,� ° � tai �-t c x �s. t �tt� t y.t}lY.;.�A1 t �!O��O�Ving U�Qn dei��. opin Ol•i1�711 a14� r t s �.�`r r ,�, 1. ��� sub�seque�tt�r•evtew ,^' ,a r'° � � . Transportation Project Manager Update ti�a ppg�Jp lsag( '� al -7 e 1�'n Snowmass Club Phase I Bus Stops ■ Discussion on possible location and design has David Peckler begun with the Country Club Townhouse Homeowner's Association and the developers. ■ Land access agreement would be presented to Homeowner's at Board meeting in January. Project Update Coordination-Gary Suter 923-3777 ext.206 Public Works-Bunt Walker 923-5110 Booting-Joe Coffey 923-2360 Community Development—Thompson/Conrad/BarthelenghilEllisIslahman/Gaunt/McIntire 923-5524 Town Clerk -Trudi Worline 923-3777 Finance-Marianne Rakowski 923-3796 Police Chief-Art Smythe 923-5330 -7s amm 11 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 -2:00 P.M. -Resort Tours -Resort Tours -Resort Tours -Resort Tours T.C.W.S. -4:00 P.M. T.C.Mtg. 11 12 13 14 15 16 17 -2:00 P.M. -VLF -5:30 P.M. T.C.W. S. 3:00—5:30 Resort Anderson Discussions Ranch With ASC -Valentine's Day 18 19 20 21 22 23 24 -2:00 P.M. -4:00 EOTC -Resort Tours -Resort Tours T.C.W.S. In Aspen Telluride Telluride -4:00 P.M. T.C.Mtg. 25 26 27 28 76- Mimi MarchPacket Calendar 1 / Sun Mon Tue Wed Thu Fri Sat 1 2 3 - 5:30 P.M. Resort Discussions with ASC 4 5 6 7 8 9 10 -2:00 P.M. - 5:30 P.M. T.C.W.S. Resort Discussions -4:00 P.M. with ASC T.C.Mtg. 11 12 13 14 15 16 17 -2:00 P.M. 5:30 P.M. T.C. W.S. Resort Discussions St.Patrick's with ASC Day 18 19 20 21 22 23 24 -2:00 P.M. -(Possible) T.C.W.S. Resort Tour Copper,Vail, -4:00 P.M. Beaver Creek T.C.Mtg. 25 26 27 28 29 30 31 I ��� 11 1 Effects of Human Recreation on Wildlife Literature Review Recreational Impacts Open space land use by recreationists has increased throughout the United States. As open space use rises and penetrates natural areas, encounters between humans and wildlife increases. There is concern among scientists and the public that recreationists may have a negative impact on wildlife. Boyle and Samson(1985) reviewed 536 studies which looked at the effects of non-consumptive recreational activities on wildlife. 81%of these studies reported negative impacts with few positive effects found. In Yellowstone National Park an inverse relationship was found between intensity of human use and frequency of wildlife observations (Chester 1976). Recreationists can affect wildlife through unintentional or intentional disturbance but unintentional disturbance is the primary way recreationists affect wildlife(Knight and Cole 1991). Due to the escalating use of open space this mode of disturbance has become particularly impactive. Effects of Recreational Disturbance on Wildlife Habitat modification or destruction,harvesting,pollution and disturbance impact the short and long term success of wildlife. Immediate reactions to disturbance include behavioral responses such as fleeing and cessation of existing activity and physiologic responses such as elevated heart rate and increased stress(Knight and Gutzwiller 1994). Responses of this type also include change in food habits or foraging areas, nest abandonment,and in extreme cases, death. Andersen et al sought to determine if high levels of human activity, in an area not previously subject to such level,would cause a change in the home range of raptors inhabiting the area. The species studied included red- tailed hawks, Swainson's hawk, golden eagle, and ferruginous hawk. Study observations indicated that heightened levels of activity did cause a movement of home range and complete abandonment of the area by some individuals. Breeding marsh hawks nesting in an area frequented by fishermen showed negative behavioral responses to human disturbance and their young showed physiological stress (Fernandez and Azkona 1993). Titus and VanDruff(1981)reported that the productivity of nesting common loons was negatively associated with the number of human contacts. Disturbance can also have long term effects. Disturbance can reduce the vigor of individuals and ultimately result in death. Elevated heart rates,energy expended in disturbance flights, and reduction of energy input through disturbance will all increase energy expenditures or decrease energy acquisition (Knight and Cole 1991). One behavioral change is the abandonment of disturbed areas in favor of undisturbed sites. Thornburg(1973)found that when food-rich areas were disturbed diving ducks moved to less productive areas in order to avoid human activities. Hohman and Rave(1990)also noted an alteration in use of feeding areas by diving ducks due to human disturbance. This response-avoidance scenario has also been shown for caribou and bighorn sheep (Geist 1978). In Alberta, Canada, Ferguson and Keith (1982)found a negative correlation between the density of nordic ski trials and moose(Alces alces)numbers. MacArthur et al (1982)evaluated the cardiac response of mountain sheep to human disturbance and found that the strongest response to humans was when they approached with a leashed dog while the second strongest response occurred when humans approached from over a ridge (this was not the usual human approach location). Murie(1944)provides an explanation in that canids are traditional predators of mountain sheep. And in an earlier study by MacArthur(1979)free-ranging dogs and coyotes were identified as the stimuli that invoked the strongest heart rate response. Other behavioral studies have emphasized strong alarm reactions by ungulates to canid predators. From these studies MacArthur et al. (1982) suggested that if humans were restricted to trails and dogs discouraged, disturbance could be minimized. Disturbance can be costly. Survival of black-tailed prairie dogs depends on vigilance and the colonial behaviors that have evolved to reduce predation(Hoogland 1995). But, if disturbance too often triggers the alarm behavior that is a result of vigilance, the amount of time spent foraging will be reduced. The consequent reduction of the energy budget could affect the individuals' survival as well as their reproductive success. Survival demands energy expenditure but as Geist(1971)pointed out if an animal is excessively aroused, as from human disturbance, the added energy cost may interfere with health, growth, and reproductive fitness. Breeding Golden Plovers spent about 11%of the day reacting to people on foot and increasing energy expenditure by 15% and when they attempted to lead their broods to less disturbed areas they invaded neighboring bird's territories and were not welcome(Yalden and Yalden 1990). Recreational activity can affect species diversity within wildlife communities. Cole and Knight(1990)reported that some types and intensities of recreational activities have the potential to alter wildlife communities. Van der Zande et al. (1984)studied the effects of recreation intensity on bird densities on areas in close proximity to urban residential areas. They discovered a significant negative correlation between recreation intensities and bird densities in 8 of 13 species, with some species being more susceptible to disturbance. They found that differences in recreation intensity at distances of hundreds of meters from woodlots affected the densities and presence of some very common bird species. Van der Zande and Vos (1984)found that all but one of the twelve most abundant avian species showed a negative correlation between density and recreation intensities in groves and hedges along a lake shore. A study on the impact of various levels of human traffic on the wildlife in the rain forest of Sumatra revealed that as the intensity of human traffic on nature trails increased the species diversity decreased (Griffiths and van Schaik 1993). In western Washington investigations showed that human disturbance resulted in decreased bald eagle populations which decreased the diversity of avian scavengers. Effects on Nest and Denning Success During the Breeding Season Recreational activities have been shown to impact the nesting success and predation rate on eggs and nestlings. Disturbance can cause adults to temporarily leave their nest or den sites. Reduced parental attentiveness can increase the risk of young being preyed upon,disrupt feeding patterns,or expose young to adverse environmental conditions(Cole and Knight 1991). In a study of eastern kingbirds in Ontario Robertson and Flood (1980)reported that a significantly larger percentage of eggs hatched and more fledglings were produced in areas with lower human disturbance. Anderson and Keith (1980)found that human disturbances caused ground-nesting brown pelicans to abandon nests which consequently increased predation on eggs by western gulls and ravens. Keller (1991)found that human disturbance was responsible for increased predation and affected the activity budgets of eider ducklings. Choate (1967) found that predation on eider ducklings by gulls was greatly increased due to human disturbance. Effects Outside of the Breeding Season Recreational disturbance has traditionally been viewed as most detrimental to wildlife during the breeding season. Recently it has become apparent that disturbance outside of the breeding season may have equally severe effects(Skagen et al. 1991 and Hobbs 1989). Disturbance outside of the breeding season may affect the animals'energy balance and therefore its survival. Black bears entered winter dens 31 days earlier in areas with high levels of outdoor recreation;bears were also more likely to abandon dens when disturbed(Goodrich and Berger 1994). High quality habitats are frequently abandoned for lesser quality habitats when wildlife encounters humans. The most important variables in habitat selection by elk during spring and summer were slope, amount of forage and human disturbance (Edge et al. 1987). In the autumn Irwin and Peek (1983) found that cover and human disturbance were equally important in habitat use. In Rocky Mountain National Park responses of elk to human activities were assessed during autumn and spring. Whereas there were only small effects of traffic upon elk people approaching animals off roads caused elk to leave open areas where they were foraging(Schlultz and Bailey 1978). Location Effects of Recreation The relative locations of wildlife and disturbance can influence animals' responses. Wildlife often show a more pronounced response to activities from above, apparently because they perceive them as a greater threat to their safety and ability to escape (Knight and Cole 1991). Though nesting peregrine falcons were disturbed by recreationists at the base of their nesting cliffs, any approach from the cliff top triggered, by comparison,a more immediate and more intense alarm (Herbert and Herbert 1965). Hikers approaching bighorn sheep from above elicited a stronger reaction than those approaching downslope from the sheep(Hicks and Elder 1979). Conclusions Recent assessments have indicated that recreationists do have a profound impact on wildlife populations,communities, and composition(Knight and Gutzwiller 1995). Understanding the impacts and responses of wildlife to recreationists can provide open space managers with the information to develop mitigation measures such as codes of conduct. Behavior of recreationists affect wildlife responses. Predictability of a behavior partly determines wildlife response. If the disturbance is predictable and non-threatening there is little overt response but if the disturbance is predictable and threatening there is a strong response(Knight et al. 1984). Klein(1993)found that visitors who spoke to wildlife refuge personnel were significantly less likely to disturb wildlife than recreationists who did not. This has important implications regarding the management of open space. Practical considerations such as trail placement, user education and regulations, informational materials at trails could be effective mitigation strategies LITERATURE CITED Andersen,D.E.,O.J. Rongstad, and W.R. Mytton. 1990. Home-range changes in raptors exposed to increased human activity levels in southeastern Colorado. Wildlife Society Bulletin 18(2):134-142. Anderson, D.W. and J.O. Keith. 1980. The human influence on seqbird nesting success: conservation implications. Biological Conservation 18:65-80. Boyle, S.A. and F.B. Samson. 1985. Effects of nonconsumptive recreation on wildlife: a review. Wildlife Society Bulletin 13:110-116. Chester,J.M. 1976. Human wildlife interactions in the Gallatin Range, Yellowstone National Park. M.S. Thesis. Montana State University,Bozeman,Montana. 114pp. Cole,D.N., and R.L. Knight. 1990. Impacts of recreation on biodiversity in wilderness. In Proceedings of symposium on Arildemess areas: their impact, 3340. Logan, Utah: Utah State University. Edge, W.D.,C.L. Marcum, and S.L. Olson-Edge. 1987. Summer habitat selection by elk in western Montana: a multivariate approach. Journal of Wildlife Management 51:844- 851. Farrar, J.P.,K.L. Coleman,M. Bekoff, and E. Stone. 1998. Translocation effects on the behavior of black-tailed prairie dogs(Cynomys ludovicianus). Unpublished manuscript. Ferguson,M.A.D., and L.B. Keith. 1982. Influence of Nordic Skiing on Distribution of moose and elk in Elk Island National Park, Alberta. Canadian Field-Naturalist 96:69-78 Fernandez, C. and P. Azkona.1993. Human disturbance affects parental care of marsh harriers and nutritional status of nestlings. Journal of Wildlife Management 57(3): 602- 608. Geist,V. 1978. Behavior. Pages 283-296. In J.L. Schmidt and D.L. Gilbert,eds.,Big game of North America: Ecology and management. Stackpole Books. Harrisburg, Pennsylvania. Geist, V. 1971. Mountain sheep: a study in behavior and evolution. University of Chicago Press,Chicago,Illinois 383 pp. Goodrich, J.M., and J. Berger. 1994. Winter recreation and hibernating black bears Ursus americanus. Biological Conservation 67:105-110. Griffiths,M. and C.P. van Schaik. 1993. The impact of human traffic on the abundance and activity periods of Sumatran rain forest wildlife. Conservation Biology 7:623-626. Hicks, L.L. and J.M. Elder.1979. Human disturbance of Sierra Nevada bighorn sheep. Journal of Wildlife Management 43:909-915. Herbert,R.A. and K.G.S. Herbert. 1965. Behavior of peregrine falcons in the New York City region. Auk 82:62-94 Hoogland, J.L. 1995. The Black-tailed Prairie Dog. University Press. Chicago and London. Hohman, W.L. and D.P. Rave. 1990. Diurnal time-activity budgets of wintering canvasbacks in Louisiana. Wilson Bulletin 1102:645-654. Hutchins,M. and V. Geist. 1987. Behavioral considerations in the management of mountain-dwelling ungulates. Mount. Res. Develop. 7:135-144 Irwin, L.L., and J.M. Peek. 1983. Elk habitat use relative to forest succession in Idaho. Journal of Wildlife Management 47:664-472. Keller, V.E. 1991. Effects of human disturbance on eider ducklings Somareria mollisslma in an estuarine habitat in Scotland. Biological Conservation 58:213-338 Klein, M.L. 1993. Waterbird behavioral responses to human disturbances. Wildlife Society Bulletin 221:31-39. Knight,R.L.,and D.N. Cole. 1991. Effects of recreational activity on wildlife in wildlands. Transactions of the 56's North American Wildlife and Natural Resources Conference 56:238-247 Knight, R.L., and K.G. GutzMller, editors. 1995. Wildlife and recreationists: coexistence through research and management. Island Press. MacArthur,R.A., V. Geist, and R.H. Johnston. 1982. Cardiac and Behavioral Resposes of Mountain Sheep to Human Disturbance. Journal of Wildlife Management 46(2):351- 358 MacArthur, R.A., R.H. Johnston, and V. Geist.1979. Factors influencing heart rate in free-ranging bighorn sheep: a physiological approach to the study of wildlife harassment. Canadian Journal of Zoology 57:2010-2021 Murie,A. 1944. The wolves of Mount McKinley. Fauna of the National Parks of the United States. Fauna Ser. 5,Washington,D.C. 238 pp. Robertson,R.J. and N.J. Flood. 1980. Effects of recreational use of shorelines on breeding bird populations. Canadian Field-Naturalist 94(2):131-138. Skagen, S.K.,R.L. Knight, and G.H.Orians. 1991. Disturbance of an avian scavenging guild. Ecological Applications 1(2):215-225. Schultz,R.D. and J.A. Bailey. 1978. Responses of national park elk to human activity. Journal of Wildlife Management 42:91-100. Thornburg,D.D. 1973. Diving Duck movements on Keokuk Pool,Mississippi River. Journal of Wildlife Management 37: 382-389 Yalden,P.E.,and D.W. Yalden. 1990. Recreational disturbance of Breeding golden plovers Pluvialis sprecarius. Biology Conservation 51:243-262. Zande,A.N. van der, J.C. Berkhuizen, H.C. van Latesteijn, W.J. ter Keurs, and A.J. Poppelaars. 1984. Impact of outdoor recreation on the density of a number of breeding bird species in woods adjacent to urban residential areas. Biological Conservation 30:1- 39. Zande, A.N. van der and P. Vos. 1984. Impact of a semi-experimental increase in recreation intensity on the densities of birds in groves and hedges on a lake shore in the Netherlands We the undersigned with respect and concern for the wildlife 19-Snowmass Village, encourage the Town of Snowmass Village Council to consider the recommendations from the Trails Committee to enact the following changes for the trail closure dates. We support the decision of the Department of Wildlife, Pitkin County Biologist and Snowmass Wildlife Officer's concurrence of these changes: Government Trail May 15 to June 20 Anaerobic Nightmare Trail - April 25 to June 20 Sequel Trail - April 25 to June 20 Powerline Trail - Open in the spring provided TOSV installs a gate at the junction of the Government Trail East and Powerline and a gate at the junction of Powerline trail and the spur to Sequel trail. Tom Blake Trail - April 25 to June 20 (gate to be installed at the junction of Tom Blake trail and Stark's trail). Fall Closures Tom Blake, Sequel, Anaerobic Nightmare, and Powerline: remove fall closure dates (currently October 30 to November 30). Rim Trail - October 30 to June 20 (currently September 15 to June 20). Name Address Date rte'G C� rG e I ep D 1 X, 0 0 � ! a.lLrrt'd a t/ 1 130 I 150 l I(e 10 1 jai /�ziKr2/p"Gr CAN 40 Q Z 40 1 We the undersigned with respect and concern for the wildlife in Snowmass Village, encourage the Town of Snowmass Village Council to consider the recommendations from the Trails Committee to enact the following changes for the trail closure dates. We support the decision of the Department of Wildlife, Pitkin County Biologist and Snowmass Wildlife Officer's concurrence of these changes: Government Trail May 15 to June 20 Anaerobic Nightmare Trail - April 25 to June 20 Sequel Trail - April 25 to June 20 Powerline Trail - Open in the spring provided TOSV installs a gate at the junction of the Government Trail East and Powerline and a gate at the junction of Powerline trail and the spur to Sequel trail. Tom Blake Trail - April 25 to June 20 (gate to be installed at the junction of Tom Blake trail and Stark's trail). Fall Closures Tom Blake, Sequel, Anaerobic Nightmare. and Powerline: remove fall closure dates (currently October 30 to November 30). Rim Trail - October 30 to June 20 (currently September 15 to June 20). Name Address Date i -5 .�. (v744 G( -,� l •/7 X01 U It VU K- I ll q N CE IrIqL4 Wo«BAt>gE P,) Sib.) I 31 0l We the undersigned with respect and concern for the wildlife in Snowmass Village, encourage the Town of Snowmass Village Council to consider the recommendations from the Trails Committee to enact the following changes for the trail closure dates. We support the decision of the Department of Wildlife, Pitkin County Biologist and Snowmass Wildlife Officer's concurrence of these changes: Government Trail May 15 to June 20 Anaerobic Nightmare Trail - April 25 to June 20 Sequel Trail - April 25 to June 20 Powerline Trail - Open in the spring provided TOSV installs a gate at the junction of the Government Trail East and Powerline and a gate at the junction of Powerline trail and the spur to Sequel Vail. Tom Blake Trail - April 25 to June 20 (gate to be installed at the junction of Tom Blake trail and Stark's trail). Fall Closures Tom Blake, Sequel, Anaerobic Nightmare, and Powerline: remove fall closure dates (currently October 30 to November 30). Rim Trail - October 30 to June 20 (currently September 15 to June 20). Nam Address Date a W-� 00 e� e _ oae„w� L n r+,r Q l7ia3 5 1/• H of ' �U C (llhsT LIED% 4-l( /41, Q/6 e SO 3 v a v5T N G 8 f b Fix 5-I29 SLI 8l6/S 2z o f ahl Jo�.vi.W%Uu�o-w RECEIVE” snprarwss Village community Develon•-- January 31,2001 6:23 PM From: A Happy FaxTalk User Fax Number: Page 2 of 3 A� r • lam\ John Wilkinson ` (1 V U ' From: John Wilkinson Dohnwilk(Opikerider.com] Sent: Wednesday, January 31, 2001 6:21 PM To: John Sale Subject: FW: Trail opening petition We need to show the Town of Snowmass Village that there is a great deal of local support for changing the trail closure dai;s. T , T;ails Committee met with the DOW, Pitkin County Biologist and the TOS'v wildlife officers and agreed to change the dates of trail closures. Basically, we agreed ; _ .;:en the Powerline and Starks trail in the spring (adjacent to the Ridge Run subdi%:sion) and open the Blake and Rim Trail longer in the fall. The spring closures were not changed due to the information garnered that the elk calve according to the calendar. We requested that the Bloke T-roil remain open through the fall as the Government Trail just uphill is open as well as hunting is allowed in the Blake Trail area through the fall. A similar request was made and agreed upon for the Rim Trail North above horse ranch. Please print up the fcllowin a ,,a s it around for signing. Please return to the TOSV planning office c/o Bernodetle, O 3ox 5010, Snowmass Village, Co. 81615: We the undersigned with respect and concern for the wildlife in Snowmass Village, encourage the Town of Snowmass Village (.rkimcil to consider the recommendations from the Trails Committee to enact the following changes for the trail closure dates. We support the. decision of the Department of Wildlife, Pitkin County Biologist and Snowmass Wildlife Officers concurrence of these changes: Government Trail Mov 15 t: ,,r 2D Anaerobic Nightmare Trail - F. r a.r, to June 20 Sequel Trail - April 25 to June Z�) Powerline Trail - Open in the spring provided TOSV installs a gate at the junction of the Government Trail East and Powe.rkne and a gate at the junction of Powerline trail and the spur to Sequel trail. Tom Blake Trail - April 25 to June 20 (gate to be installed at the junction of Tom Blake trail and Stark's trail). Fall Closures Tom Blake, Sequel. Anaerob: Nianimare. and Powerline: remove fall closure dates (currently October 30 1-) i.evember 30). Rim Trail - October 30 to June 21, i,curreOly September 15 to June 20). Name Address Date �lulie SGbppu. ('•�. /,fix �3�r s�v, ��-8i���a=i - �� January 31,2001 6:23 PM From: A Happy FaxTa!k'.;s:. Fax Number: Page 3 of 3 2-Il /o W _ a I lot Z.I sY TAW--, (r, I AA cr - SY►1i"U, vowsCeh&�ery La,_ Ar_<of% izm- 40 iP12t Po_PjC?1( <o�1C�—Sr �_CO.glfds" of krr il°a3ffre,AL c,g. « UW Sew1. co8L �._. .Z_.!'_a__ CFme 1� - �n-E oh Inch /od�•C�>Y�,Zh �4� bl�[I � `s��) Lo. pD� i��iw /lip/� TaMson , fiu i3�x So�Z S��r-wss v•'ll (Seati S>k /9�re/Y O 1`(1 Snav,+�ssGG�rr IF [[3 S/yly<o $/Gr S Z/ d I!I�1�LiU IY�gEliTs �0 3�� -�pa,a sr.r�Ws U,wEge !<CL-L-y AUeA) . 400 v-jd Rd Snow 0�r*iGSS �o 2 •� \ � / lam/ / / Town of Snowmass Village February 15,2001 J � Base Village Transportation Issues 5:30—7:30,TOSV Chambers`/ "`, BASE VILLAGE PRE-SKETCH MEETING AGENDA 1. Review of TOSV Comprehensive Plan and other relevant documents (TOSV) 11. Transit A. Overview(presentation by ASC) 1. TOSV and ASC are both dependant on transit as a means of delivering guests and skiers without reliance on the automobile. 2. Description of existing conditions and patterns 3. Goal: design towards an intuitive circulation system- no thinking required for a first time visitor. B. TOSV Transit(presentation by TOSV) C. Regional Transit(presentation by Mike Davis, RFTA) D. Mall and Rodeo Connectors—short term and long term possibilities E. Day Skier Arrival and Departure Scenarios(presentation by ASC) 1. all buses to/from Mall 2. all buses to/from Base Village 3. split flow(demand-oriented scheduling,multiple stops or other methods) F. Discussion G. Feedback: we would like to receive feedback from Council, Planning Commission and the public on the following issues: 1. Pros/cons of the various transit scenarios—how should skier shuttles be routed? 2. Desired Base Village transit components—what should be accommodated? 3. Compatibility between Base Village and Mall transit centers III. Parking(presented by ASC except where noted) A. Comprehensive Plan policies and consistency (presented by Hunt Walker,TOSV) I. Day skier spaces allowed in Town core 2. Net new spaces programmed for transit plaza 3. Day skier spaces"allowed"in Base Village vs. the number of spaces desired for Base Village B. Day skier parking at Base Village—current capacity vs. desired future capacity C. Rodeo Lot parking-transfer of existing Lot A-E parking capacity D. Employee parking 02/02/01 E. Need for Base Village parking(lodge, residential, retail, service, Code requirements) in addition to day skier parking,and the concept of shared uses for parking. F. Use of arterial network to provide parking supply (on-street parking) G. Discussion H. Feedback desired: 1. comments on desired amount of day skier parking for Base Village 2. role of Rodeo lot parking area- can it be counted on long-term to provide day skier and/or employee parking? IV. Traffic(presentation by TOSV) A. Existing traffic levels already exceed maximum standards during the holiday periods B. It will be very difficult to approve Base Village given the current traffic levels and capacity limits outlined in the Comprehensive Plan C. Feedback desired: 1. is the TC/PC going to be amenable to mitigating traffic impacts via policy changes or making/helping with road and intersection changes? V. Roadway Improvements (presentation by ASC) A. Roads-existing B. Intersections—existing C. Improvements/changes to both roads and intersections may be forthcoming as part of development proposal and as a means of mitigating traffic volume increases. D. The Comprehensive Plan recommends construction of a roundabout at the Brush Creek Road/Wood Road intersection as a means of maintaining LOS "C"on Brush Creek Road. Early studies indicate that a roundabout may not work at this location. E. Discussion F. Feedback desired: 1. is the TC/PC open to evaluating road and intersection changes as one means of mitigating the impacts of existing and future traffic levels? 2. Is the TC/PC amenable to intersection solutions other than the roundabout suggested in the plan? 02102/01 HORSE RANCH HOMEOWNERS ASSOCIATION February 5, 2001 Members of the Snowmass Planning Commission Mayor and Members of the Town Council Town of Snowmass Village, Colorado P.O. Box 5010 Snowmass Village, CO 81615 Dear Members: We are writing regarding the proposal for development of the rodeo grounds property which was printed recently in the Aspen Times. We are disappointed to read that the proposed development is essentially the same as the one proposed in 1999 which was withdrawn after significant concerns about its effect on the entrance to the Village were expressed by citizens throughout the Village. The proposal described by the developer does nothing to address those concems. If this proposal is submitted to you we respectfully request that you consider these issues: 1. Public Policy: A. Is it good public policy to spend up to $3,500,000.00 of taxpayer money to enter into a public/private real estate development project wherein: i. The land proposed for development and the improvements built thereon with public funds would be owned by the private developer with the income therefrom retained by the developer? and ii. The short and long term results of which may be beyond the legal control of the Town? B. Under this proposal the land under the grandstand,the 20,000 square foot events barn, the riding arena,the western store front street,the employee dormitory, a mini storage facility and a private home would be owned and income therefrom retained by the private developer. For its $3,500,000.00 the Town would get: i. The right(but not the ownership)to create a small park and fishing pond along Brush Creek which because of its wetlands status cannot be developed anyway; and ii. A conservation easement (again, not ownership of) a strip of land between Brush Creek Road and the rodeo arena; and iii. a representation by the developer that operation of its rodeo would continue. • Members of the Snowmass Planning Commission Mayor and Members of the Town Council Town of Snowmass Village, Colorado February 5, 2001 Page 2 C. Please do not let the desire to continue the rodeo cause you to believe that such a representation necessarily will assure continuation. Changing business conditions and the real uncertainty of whether a court would force an operator to continue the rodeo pose genuine practical and legal problems which may deny the Town its objectives. 2. Community Needs: A. The community has very limited funds and suitable land with which to try to solve many expensive needs. The community value of continuing the existing rodeo program isacknowledged. However,we believe that prudent public stewardship requires careful scrutiny of the relative values of competing projects as well as the advantages and disadvantages which would accrue to the rodeo property owner and the taxpayers under the proposal. B. The Town's Comprehensive Plan, produced with citizen input, identifies priorities of use for the land at the entrance to the Village. The Land Use Plan further expands specific uses. With the words "shall be accommodated" are such uses as a guest welcoming area, a transportation center, expanded parking for 650 vehicles, and employee housing. With the words "could be accommodated" are such uses as enhancement of the rodeo grounds and preservation of the rodeo, preservation of the existing open space pasture/setting and pond and community pool. C. The voters recently approved construction of a community swimming pool. The voters also approved spending up to $3,500,000.00 to acquire ownership of all of the rodeo property, not just a continuation of the rodeo. D. This critical property is perhaps the Town's last opportunity to own a piece of land suitable for easy development and large enough to accommodate many of the Town's needs in ways which would be compatible with the adjacent low density residential neighborhoods. Approval of this proposal would defeat the possibility of achieving goals stated in the Comprehensive and Land Use Plans. It should not be forgotten that the proposed developer successfully campaigned for the defeat of a proposal for the town to buy the entire property in 1995 for $1,500,000.00 arguing that the town had no business developing private property and operating a rodeo. The developer then bought it in 1997 for$1,750,000.00 and now wants the town to pay $3,500,000.00 for no land ownership or$5,500,000.00 to own the land. 3. Large commercialization at the Village entrance: Members of the Snowmass Planning Commission Mayor and Members of the Town Council Town of Snowmass Village, Colorado February 5, 2001 Page 3 A. A privately owned year round conference center disguised as a "hoe down" bam together with retail shops, dining, dancing and increased rodeo events, a seasonal employee dormitory and a mini-storage facility located so far from our visitor base is contrary to the"Town Core"concept and will create transportation,traffic,lighting and amplified sound problems. Permanent employee housing available to all pursuant to Town guidelines would seem to better serve community needs. B. Placement of a western store front theme park and a barn higher that the existing light poles would be: i. Contrary to the intent of the voters who approved purchase of the Droste Conservation Easement for$7,500,000.00 to preserve the open entrance to the Village; and, ii. Strikingly foreign to preserving the rustic,rural,western heritage of Snowmass Village as authentically represented by Hoagland Barn (now Alpine Bank), Anderson Ranch and the Little Red School House as envisioned by the Comprehensive Plan. 4. Compatible Development: We urge you to approve development on this property which will meet the most essential community needs,which will be in harmony with the unique entrance to this Village and which will be compatible with the adjacent low density residential neighborhoods as prescribed by good planning. We are enclosing a copy of a letter to you dated October 1, 1999 signed by 82 property owners throughout the Village stating in more detail their concerns about the foregoing matters. We ask that you enter this letter into the public records of this matter. Thank you. Sincerely: The Horse Ranch Homeowners Association The Crossings Homeowners Association By: t/� By: cc: The Snowmass Sun, The Aspen Times, Aspen Daily News i H O R S E R A N C H H O M E O W N E R S A S S O C I A T I O N October 1, 1999 George Huggins, Chairman Snowmass Planning & Zoning Commission Members of the Snowmass Planning & Zoning Commission Town of Snowmass Village PO Box 5010 Snowmass Village, CO 81615 Gentlemen: Sometime in the near future,you will likely be presented with a submission from The Rodeo Company that will propose major changes to the rodeo grounds at the entrance to Snowmass Village. While a formal submission has not yet been made, an informal presentation of the planned changes has been made to several homeowners from the Crossings and Horse Ranch on at least two occasions. The proposed changes, as presented and if implemented,will have far-ranging effects on the entrance to Snowmass Village. This is of great interest not just to residents of the immediate area but also to many who reside in other areas of Snowmass Village. The expansion and new facilities being planned are of a much greater mass, scale and density than many people feel is appropriate and therefore raise the following concerns: • We are concerned about a 42 to 48-toot high covered grandstand with a roof that will be approximately 8 feet higher than the existing light poles. • We are concerned about a 20,000 square foot conference center (and/or events barn) with food service. • We are concerned about a 22,000 square foot equestrian center. • We are concerned about a "Western-style storefront street" a la theme parks. • We are concerned about plans for increased frequency of events such as additional nights for roping events and barrel racing and the intent to "go year- round". We can't help but wonder if these plans reflect the economic need to support an investment rather than preservation of the rodeo or the needs of the community. • We are concerned about a year-round conference center being located so for from our visitor base. We do not feel that the associated transportation and traffic problems have been adequately addressed. • We are greatly concerned about overall commercialization of the entrance to Snowmass Village, especially when it appears to be contrary to the "Town Core" concept. It has never been the intent of any homeowner or resident to "hassle" The Rodeo Company or to stop the rodeo in any way. Quite the contrary, we wish to preserve the POST OrrICE BOX 6345 • SNOWMASS VILLAGE, COLORADO 81615 Snowmoss Planning & Zoning Commission October 1, 1999 Page 2 rodeo in its historic configuration. To us, that means one or two rodeos a week during the summer and maybe a handful of "special events" or "demonstration rodeos". It does not mean year-round activity on an almost doily basis that generates off-site nuisances including increased sound levels and light pollution of the night sky. The Rodeo Company has made known to us their ono doubt "temporary") decision to "stop the planning process", but we are glad to know that they wish to concentrate on running the rodeo within its legal limits-that is also our desire. We feel a step toward accomplishing this mutual goal is to continue discussions on how to best preserve the rodeo in on historic manner. That would include discussion of how to come to agreement on operating parameters for the rodeo parcel's non-conforming, historic use rights as directed by the Town Council last spring. Our desire to come to on agreement with The Rodeo Company regarding operating parameters, particularly with respect to sound, lights, frequency and duration of events, has not diminished. We were quite encouraged by the reduction of sound levels at several rodeos this summer and would like to recommend that the sound levels measured at several locations in the Crossings and Horse Ranch be adopted as interim operating parameters. To date, we have been unable to conclude such a "formal agreement" with the Rodeo Company but we are continuing to pursue it. Sincerely, Pot Smith Roger Marolt Horse Ranch Homeowners Crossing Homeowners We, the undersigned, residents of Snowmass Village, ask that the members of the Snowmass Planning & Zoning Commission give careful consideration to the concerns and issues raised in this letter when presented with a formal submission from the Rodeo Company. Thank you. Nome Residence Address 794 tlezc- Fzp,.x. Ivn- SKY 721 r ✓ surd /� C a �� C i.C. JM✓ G✓ SIGNERS TO LETTER TO SNOWMASS PLANNING & ZONING COMMISSION: Kurt Hollinger Kathy & Bruce Dreher Dale Hollinger Katie Grange Rex Smith Debbie Dietz Shore Patrick O'Donnell Sande Rockwood Jennifer O'Donnell Carol A. Dresser R. Hunt Walker Chip Dawson Kathleen M. Wiesenbough Noncie Walker Paul L. Fee Brian Sledge Mary C. Fee Judi Sewell Nona Feuer Steve Sewell Jeff Smith Stan Stokes Susan L. Marolt Charles Meolo Stephen K. Broitzman Connie L. Spence Robin Smith David F. Spence Hays Jones Jane E. Floyd Jane E. Huffman Wayne Floyd Letitia L. Wenisch James J. Raaf John A. Wenisch Angela Roof Mary Lou Farrell Carol Gaudin Annette Croce-Bates Elsie K. Moyer William O. Bates III Robert Moyer Barbara Lucks Bev Provine John Shields Ted Grendo Patricia P. Shields Diane Stine Adrionne Clingan John Stine Grafton Sieber Jan Porter Daniel Rosen Gigi Potter Renee Rosen Ann E. Vores Carolyn K. Purvis Morris S. Hollenbaugh Joe Mincberg Phyllis S. Hollenbaugh Marilee Rocca Johnson Erica Hall James E. Heywood Colleen Collins Dorothy D. Heywood Art Burrows Kjell Vanghagen Lance Luckett Tom Farrell Brian Porter Debbie Farrell Mike Potter Ian Long Barbara Long Pamela Thomas Deborah Madsen Averil & Joe Porcaro